This is a developing story.
PIERRE, S.D. (KELO) — A representative for the company that owns and operates Facebook, Instagram, Threads, and WhatsApp supports South Dakota requiring app stores to verify users’ ages.
Meta last month began rolling out a new Teen Accounts category on Instagram that requires parental consent for any setting changes sought by people younger than age 16, Nichole Lopez told a panel of state lawmakers on Wednesday.
Lopez, who is Meta’s global director of youth safety, was among a dozen witnesses who were scheduled to present remarks to the Legislature’s Study Committee on Artificial Intelligence and Regulation of Internet Access by Minors.
Lawmakers are trying to draft proposals for the 2025 legislative session that opens on January 14.
The committee received several versions of possible legislation from the state Office of Attorney General. They generally call for a manufacturer of an operating system for a device or an application store to take the first step of determining or estimating the age of a person trying to download the app.
After that, app stores would be required to obtain parental or guardian consent prior to permitting the child to download an application. This could be done through a digital signal, and the app store would provide the parent or guardian the option to connect the app’s developer with the parent or guardian regarding parental supervision tools.
The app store also would be required to provide websites, applications, and online services with a digital signal via a real time application programming interface, known as an API regarding age, broken across four categories:
Under age 13;
At least age 13 but younger than age 16;
At least age 16 but younger than age 18; or
At least age 18.
Lopez said Meta favors that approach. “We’re not saying this app store solution is the silver bullet. We’re saying it’s a really good place to start,” she said.
The proposals include enforcement provisions such as civil fines ranging up to $7,500 per child and up to a class 6 felony punishable by one year in prison for multiple violations.
Lopez said civil enforcement was preferable over criminal enforcement. She said smaller companies would be disproportionately impacted by criminal provisions. “This is all about encouraging compliance,” she said.
A senator asked Lopez about adults who attempt to pose as teens or younger to get online access to other users under age 16. Lopez said Meta has mechanisms in place that “suss out” adults trying to lie about their ages.
South Dakota currently has no age-verification requirements for online users. The committee plans to meet for a fourth — and possibly final — time on October 23.
“This isn’t just a Meta issue. This is an eco-system issue,” Lopez said. She added, “Meta’s approach to age should be the industry standard across the apps.”
