Washington – The Computer & Communications Industry Association has sued the state of Utah in federal court to block SB142, the App Store Accountability Act, as a violation of the First Amendment. This law, much like the Texas law that was recently enjoined in CCIA v. Paxton, imposes a sweeping age-verification, parental consent, and de facto compelled speech regime on both app stores and app developers that would block access to lawful speech and likely intrude upon users’ privacy.
The law would require all persons who presently hold or wish to hold an account with an app store to submit to a burdensome and invasive age-verification process. If the app store “determines” that the user is under 18 years of age, the law prohibits them from downloading virtually all apps and software programs and from making any in-app purchases unless their parent consents and is given control over the minor’s account. Minors who are unable to link their accounts with a parent’s or guardian’s, or who do not receive permission, would be prohibited from accessing app store content.
The law would also effectively require app developers to “age-rate” their content into age categories established by the state. Developers would also be required to notify app stores in writing every time they improve or modify the functions, features, or user experience of their apps.
CCIA has fought for First Amendment rights for businesses, consumers and internet users for more than 25 years. For more information on this lawsuit, please see our Fact Sheet.
The following can be attributed to CCIA Senior Vice President, Chief of Staff, and Director of CCIA Litigation Center Stephanie Joyce:
“This Utah law raises many of the same constitutional concerns that caused another court to block the Texas app store law. 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. Under well-settled precedent, that scrutiny warrants judicial intervention to ensure that adults and young people can continue to access the lawful online speech of their choice.”
