About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (November 30, 2022)

handle is hein.crs/govejof0001 and id is 1 raw text is: S   Congressional                                                      ____
~ Research Service
Challenges with Identifying Minors Online:
A Brief Introduction
November 30, 2022
In the final weeks of the 117th Congress, Members of Congress are considering increasing protections for
children online through the Kids Online Safety Act (S. 3663) and the Children and Teens' Online Privacy
Protection Act (S. 1628). The bills would create requirements for operators of websites and mobile
applications (apps), among other entities, to implement safeguards and other protections for minors. The
U.S. Senate Committee on Commerce, Science, and Technology approved both bills on July 27, 2022.
To protect minors online, Congress enacted the Children's Online Privacy Protection Act (COPPA; 15
U.S.C. §§6501-6506) in 1998. COPPA requires operators of online services directed to children under 13
years of age that collect personal information to notify users about the data collection, receive parental
consent, and maintain reasonable procedures to protect the data. Congress has enacted other
legislation-such as the Child Online Protection Act-that federal courts have deemed unconstitutional
under the First Amendment.
Current Efforts to Identify Minors
Some providers of online services have implemented minimum age requirements, typically stated in the
providers' terms of service. Providers can use a minimum age requirement to assist them in complying
with federal laws, such as COPPA, or to provide content that might not be suitable for minors.
To verify users' ages, many providers only require users to enter their birthdate or age before accessing
the website or app, although some have set or are exploring additional requirements. For example, Tinder,
a dating app, 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, Instagram, a social media platform, 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,
Pornhub, a platform for pornographic content, announced that only users verified with Yoti would be able
to upload content. On November 8, 2022, Anheuser-Busch, a beer brewing company, launched a
Congressional Research Service
https://crsreports.congress.gov
IN12055
CRS INSIGHT
Prepared for Members and
Committees of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most