A leading technology industry association on Thursday sued Texas, seeking to block a state law that requires app stores to verify user ages to purchase and download apps.
The Computer & Communications Industry Association (CCIA) asserted in the lawsuit that the Texas App Store Accountability Act, which takes effect on January 1, is unconstitutional and amounts to a “broad censorship regime” by requiring anyone under 18 to obtain parental consent for nearly every app and in-app purchase they try to install.
CCIA members include operators of app stores and developers of mobile apps.
Under the law, users who cannot prove they are older than 18 years old must link their account to that of a parent or guardian. Parents and guardians will be required to prove that they are older than 18 to enable the purchase.
The law applies to nearly all apps, including those providing access to newspapers, public libraries and the Bible. The CCIA argues that requiring age verification and linkage of child and parent accounts violates the First Amendment and invades the privacy of all app users.
“Everyone who creates an account –– essentially everyone with a mobile phone –– is required to have their age verified and to submit sensitive, personal documentation or biometric information before they will be allowed to access protected speech,” the lawsuit says.
CCIA also argues that the law will be ineffective since it will not block minors from accessing the same content on web browsers, desktop computers, smart TVs or offline.
In addition to its age-gating provisions, the law will force app developers to rate whether apps are appropriate for users under age 18.
Utah and Louisiana have enacted similar laws, paving the way for the case to have a broad impact on an accelerating age-gating trend for access to online content.
“This Texas law violates the First Amendment by restricting app stores from offering lawful content, preventing users from seeing that content and compelling app developers to speak of their offerings in a way pleasing to the state,” CCIA senior vice president Stephanie Joyce said in a press release.
In March, Texas state Senator Angela Paxton (R), who sponsored the bill, hailed the legislation on social media, saying it will “protect our kids and put the power back in the hands of the parents.”
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