Washington – The Computer & Communications Industry Association will testify today before the South Dakota Senate State Affairs Committee in opposition to HB 1275, warning that the proposal could undermine free expression, weaken user privacy, and create significant legal uncertainty for digital services operating across state lines.
HB 1275 would require mobile application stores and developers to implement age verification and parental consent measures as a condition of accessing certain online services. CCIA cautions that the bill’s broad requirements could:
- Force companies to collect sensitive personal information from users of all ages, creating new data security risks while imposing vague compliance obligations on developers and app platforms.
- Conflict with longstanding First Amendment protections and established privacy principles. Courts have repeatedly raised concerns about laws that restrict access to lawful speech or require intrusive identity verification measures, particularly when those requirements affect both minors and adults.
- Expose businesses to costly litigation and inconsistent enforcement, discouraging innovation and making it more difficult for smaller companies to operate in South Dakota. The association notes that requiring retroactive age verification and broad data collection could increase cybersecurity risks without meaningfully preventing minors from accessing online content through alternative channels.
The association encourages lawmakers to pursue targeted, risk-based solutions that empower parents, support digital literacy, and protect young users without creating unintended consequences for privacy, free expression, and access to beneficial online tools.
The following statement can be attributed to CCIA State Policy Manager, West Region, Aodhan Downey, who is testifying in opposition to the bill today:
“Protecting kids online is essential. Parents should have access to clear information and practical tools that help them guide their children’s digital experiences. Many platforms already offer parental controls, privacy settings, and time management tools that families can use today, but HB 1275 risks moving away from that approach by imposing sweeping age verification mandates that could undermine privacy and create legal uncertainty. Lawmakers should prioritize policies that educate families and strengthen existing safeguards rather than requiring broad data collection that may create new risks for users.”
