technology

Tech Firms Challenge Utah's New Age Verification Law for App Stores

Tech companies are suing Utah over a new law requiring age verification for app purchases, arguing it violates First Amendment rights.

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In a significant legal battle, the Computer & Communications Industry Association (CCIA), a prominent trade organization representing major tech companies, has filed a lawsuit against the state of Utah over a recently enacted age verification law. This law, which was passed in 2025, mandates that app stores verify the ages of users, requiring parental consent for minors to engage in app and in-app purchases. The lawsuit, filed in federal court against Utah Attorney General Derek Brown and the director of the Utah Division of Consumer Protection, argues that the law is unconstitutional and infringes upon First Amendment rights. Senator Todd Weiler, a Republican from Woods Cross, sponsored the law, framing it as a necessary measure to protect children from inappropriate content online. The legislation aims to ensure that minors cannot make purchases without parental approval, a move that Weiler contends addresses the growing concerns about children's access to potentially harmful material in the digital landscape. However, the CCIA argues that the law is overly broad and imposes significant burdens on app developers and users alike. The lawsuit's core argument centers on the assertion that the law's requirements could unfairly restrict access to a wide array of digital content, including e-books, emails, and entertainment applications. The suit states, "Our Constitution forbids laws that require businesses to ‘card’ people before they can enter bookstores and community theaters. And the First Amendment prohibits such oppressive laws as much in cyberspace as it does in the physical world." This sentiment reflects the association's concern that age verification could create unnecessary barriers to accessing protected expression. CCIA representatives argue that existing parental control tools provide sufficient means for parents to monitor and manage their children's online activities without the need for such stringent regulations. The lawsuit claims that the law may stifle the availability of lawful online speech and expression, particularly when it erects barriers that require app developers to implement age-gating mechanisms to access content. In addition to challenging the age verification requirement, the lawsuit also questions the state's mandate for app developers to classify the age appropriateness of their applications based on Utah's vague and convoluted age categories. The CCIA argues that these provisions are impractical and could lead to confusion among developers and consumers alike. Stephanie Joyce, senior vice president at the CCIA, emphasized the need for careful consideration of such laws, stating, "When a state erects a barrier to the vast library of online speech unless the speaker jumps through a series of age-gating hoops, it must receive exacting constitutional scrutiny." Joyce's comments underscore the belief that judicial intervention is necessary to protect the rights of both adults and minors in accessing online content without undue restrictions. In response to the lawsuit, the Utah Attorney General's Office has vowed to vigorously defend the law, asserting its importance in promoting child safety in the digital age. The office stated that it is prepared to navigate the legal challenges posed by the suit while maintaining that the law was designed to be a protective measure for children in Utah. Weiler, when presenting the bill last year, framed it as a regulation of contracts rather than content. He argued that the terms and conditions associated with app purchases constitute binding agreements that minors should not be allowed to enter without parental consent. The bill garnered bipartisan support in the Utah Legislature, passing with little opposition in both the House and Senate. As the legal proceedings unfold, there are indications that further legislative discussions may take place. Taylorsville Republican Rep. Jim Dunnigan, who co-sponsored the original bill, is currently advocating for new legislation that would allow exceptions for apps that support subaccounts or profiles for minors. However, this proposed legislation has yet to be discussed in committee. Utah House Speaker Mike Schultz expressed confidence in the state’s position, asserting that age verification is a reasonable measure for protecting children. Schultz voiced disappointment in tech companies for allegedly attempting to foster addictive behaviors among young users, suggesting that the lawsuit reflects a broader conflict between regulatory efforts and corporate interests. As the case progresses, it highlights the ongoing debate surrounding the balance between safeguarding children online and protecting First Amendment rights. The outcome of this lawsuit could set a precedent for how age verification laws are implemented in other states and may influence the broader conversation about digital rights and responsibilities in the rapidly evolving tech landscape.