Apple and Google lobbyists are pressing state lawmakers across the US to pass kids’ online safety laws with a built-in shield. The bills would require age checks for app downloads, but they would bar private lawsuits and leave enforcement to state attorneys general.
The scale of the push comes out in a Politico story built on draft legislation, internal emails and interviews with seven people familiar with the effort. Washington has been stuck on kids’ online safety, so both companies have moved their lobbying to state houses. Apple’s lobbying is not limited to this issue either, since the company is also lobbying the US government for help with the memory crunch.
Apple and Google Want Only State Attorneys General to Enforce Age Verification Laws
The fight centers on the App Store Accountability Act. Versions of it would require app stores to verify users’ ages and get parental consent before minors can download apps or make purchases, and they put substantial legal liability on the stores. When bills like this were introduced in Georgia, Arizona and Kansas this year, lobbyists for Apple and Google pitched alternative text instead.
Here is how it played out in each state:
- Arizona: Three days after Rep. Michael Way introduced a version of the act on January 27, a lobbyist who said he was working with Google and Apple began circulating an alternative bill known as MERA. Its text gave the attorney general exclusive enforcement authority and ruled out a private right of action.
- Georgia: During a Senate committee hearing on February 17, a lobbyist for Google offered a senator a bill nearly identical to that Arizona draft. It barred individuals from suing but not the attorney general.
- Kansas: The Kansas Chamber of Commerce, which represented Apple, suggested changes to Sen. Kellie Warren’s bill that would keep individuals from suing app stores. Two people involved in the talks say Apple’s lobbyists also tried to shift some responsibility onto app developers.
None of the three legislative sessions ended with a governor signing an age-verification bill. Apple has used outside groups to carry its message before, and our earlier report covered Apple quietly funding the App Association to lobby its agenda in Washington.
The bills also differ on how ages get checked. The act requires app stores to use commercially available methods, such as looking at the types of apps a person downloads. The versions pitched by Apple and Google largely rely on users stating their own age, which child safety advocates say a minor can get around with a false birth date. California’s Digital Age Assurance Act, which the Arizona text was later modeled on, has operating system providers collect a user’s age at account setup and lets only the state attorney general bring civil penalties.
Meta Backs the Stricter Bill While Child Safety Advocates Call Apple and Google’s Version Toothless
Meta is urging lawmakers to back legislation that has app stores verify users’ ages instead of the platforms themselves. Its lobbyists approached Georgia Sen. Bill Cowsert, the lead sponsor of the act there, and offered talking points to help him win over colleagues.
Each company defended its position publicly. An Apple spokesperson said the company supports kids’ safety legislation but that some proposals would force anyone downloading an app to hand over sensitive personal information. Google’s Kareem Ghanem said certain other platforms want to shift responsibility away from themselves and make app stores give children’s personal data to third-party apps. Meta’s Andy Stone said parents should not have to deal with differing requirements across multiple apps.
Child safety advocates are not convinced by the Apple and Google bills. One advocate involved in the discussions described them this way:
“Basically phantom child safety legislation bills that have no real teeth.”
The stakes are high because versions of the act have already passed in Utah, Texas, Louisiana and Alabama, and some tech industry groups have sued over them, arguing they restrict minors’ First Amendment rights. Utah’s version lets individuals sue app store providers for violations, which is the kind of exposure the Apple and Google bills would bar. State attorneys general have also shown they can win big against tech companies. A New Mexico judge ordered Meta to pay $567 million on top of a $375 million jury verdict, and 47 states settled a separate case against Meta last month for $17 billion.
Congress has its own proposals on the table. The Parents Over Platforms Act from Reps. Jake Auchincloss and Erin Houchin would require app stores and platforms to verify ages and get parental consent for apps deemed unsuitable for minors, and Sen. Andy Kim has introduced a bill that mirrors California’s law.
