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           a   Congressional                                                        ____
         'a Research Service






Challenges with Identifying Minors Online



Updated March 23, 2023
Congress has enacted legislation to protect minors online. For example, Congress enacted the Children's
Online Privacy Protection Act of 1998 (COPPA). COPPA requires operators of online services that collect
personal information and are directed to, or knowingly collect, data on children under 13 years of age to
notify users about the data collection, receive parental consent, and maintain reasonable procedures to
protect that data. Congress has also enacted legislation-such as the Child Online Protection Act-that
federal courts have deemed unconstitutional under the First Amendment.
Policymakers have shown interest in implementing additional protections for children on the internet. The
Senate Judiciary Committee held a hearing, Protecting Our Children Online, on February 17, 2023. The
117h Congress introduced multiple bills-such as the Kids Online Safety Act and the Children and Teens'
Online Privacy Protection Act-that would have created additional requirements for operators of online
services. Some states have implemented legislation related to protecting children online, including
California's Age-Appropriate Design Code Act and Louisiana's liability for publishers and distributors of
material harmful to minors.


Current Efforts to Identify Minors

Federal statutes do not require providers of online services to use a specific method of age verification.
Thus, some providers of online services have minimum age requirements-typically stated in the terms of
service-and require users to enter their birthdate or age before accessing the content.
Some  providers of online services have set or are exploring additional requirements to verify their users'
ages. For example, the dating app Tinder requires users in some locations to submit a copy of their
driver's license, passport, or health insurance card to verify their age; it does not allow verification with a
resident card, temporary driver's license, or student identification (ID) card. In June 2022, the social
media platform Instagram started to test three options for users to verify their age. Users can (1) record
videos of themselves, which are shared with Yoti, a company that operates an age-checking artificial
intelligence (AI) technology; (2) ask other users to confirm their age; or (3) upload a driver's license or
other form of ID. In February 2021, pornographic content platform Pornhub announced that only users
verified with Yoti would be able to upload content. In January 2023, Pornhub started requiring users in
Louisiana to verify their age with the LA Wallet app-a digital wallet that allows users to upload their
driver's license, in addition to other information.

                                                                  Congressional Research Service
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