A pair of Democratic state lawmakers in Colorado has introduced a bill that targets age restrictions at the operating system level, requiring age verification to be done on devices used within the state's digital space.

Bill Details

The bill, Senate Bill (SB) 26-051, was introduced by state Sen. Matt Ball and state Rep. Amy Paschal earlier this year. The law would cover all major operating systems, including Android, iOS, Windows, macOS and others.

The bill requires an operating system provider to provide an accessible interface at account setup that requires an account holder to indicate the birth date, age, or age bracket of the user of that device in order to provide a signal regarding the user's age (age signal) to applications available in a covered application store.

Additionally, the bill requires application developers to request and receive an age signal through a reasonably consistent, real-time application programming interface. The operating system provider or covered application store shall not share an age signal with a third party for a purpose not required by the act.

Similarities to California Law

The bill is modeled after the Digital Age Assurance Act (AB 1043) in California, which requires proprietors of operating systems to develop a way for users to enter their ages and confirm them by January 1, 2027. Sen. Ball stated that the tech and software industry is already complying with AB 1043, so there's minimal added burden.

Ball also mentioned that the intent of SB 26-051 is to create thoughtful safeguards for kids online through a privacy-forward framework for age assurance. OS- and device-level age verification is considered by many in the adult entertainment industry to be a compromise that respects adults' privacy rights and freedom of expression.

Implementation and Penalties

The bill requires an operating system provider or covered application store to send only the minimum amount of information necessary to comply with the act. A person that violates the bill must pay a civil penalty of not more than $2,500 for each minor affected by each negligent violation or not more than $7,500 for each minor affected by each intentional violation.

Key Facts

  • The bill is Senate Bill (SB) 26-051, introduced by state Sen. Matt Ball and state Rep. Amy Paschal.
  • The law would cover all major operating systems, including Android, iOS, Windows, macOS and others.
  • Age verification would be done on devices used within Colorado's digital space.
  • The bill is modeled after the Digital Age Assurance Act (AB 1043) in California.
  • A person that violates the bill must pay a civil penalty of not more than $2,500 for each minor affected by each negligent violation or not more than $7,500 for each minor affected by each intentional violation.