California enacts age verification, chatbot laws

California Governor Gavin Newsom on Monday signed multiple online safety bills, including legislation which requires app stores and operating systems to check users’ ages before allowing them to download apps.

The Digital Age Assurance Act will prompt parents to provide their children’s ages when a smartphone, laptop or tablet is first set up. From there, device manufacturers must segment users into four age brackets and inform apps of their ages.

The age verification law, which was supported by Meta, Google, Snap and OpenAI, does not mandate that parents give consent for downloads. It also does not require that users provide photo ID. 

Those provisions stand in contrast to controversial age verification laws which have recently passed in Texas and Utah and which have been criticized for violating user privacy.

Companies which fail to follow the law face fines of up to $7,500 per child affected, however, firms will not be liable for mistakes as long as they make an effort to follow the law.

Newsom also signed a bill that requires chatbot operators to set up a system to prevent suicidal ideation — an issue that several federal lawmakers have also focused on in recent months. Systems could include alerts which send users to suicide prevention hotlines.

Last month, the Federal Trade Commission announced it is reviewing how big tech protects the safety and privacy of children engaging with chatbots. The inquiry follows suicides by children whom chatbots discussed self-harm with.

“Emerging technology like chatbots and social media can inspire, educate, and connect — but without real guardrails, technology can also exploit, mislead and endanger our kids,” Newsom said in a prepared statement. “We’ve seen some truly horrific and tragic examples of young people harmed by unregulated tech, and we won’t stand by while companies continue without necessary limits and accountability.”

Separately on Tuesday, Instagram announced a new program designed to regulate what children can see. The app will begin categorizing content as PG-13 and limiting children to only viewing content appropriate for that age range. Teens will not be able to opt out of the setting unless their parents consent.