In recent years, children have gained access to technology at younger and younger ages. A study released last year by Common Sense Media found that over half of children have a personal tablet by age four. As children dive into the world of technology at increasingly younger ages, research demonstrates that parents are growing more concerned about their children’s safety online. One study found that over 9 in 10 parents – from all political backgrounds – worry about their children’s digital wellbeing. And while many parents work hard to protect their children online, even the most vigilant parents can struggle to keep up with security loopholes in constantly changing technology.
Can We Trust Tech Giants?
Currently, many parents rely on parental controls provided by tech companies, but can these corporations be trusted? Last month, Google was forced to update their parental control system after their deceptive practices were uncovered by a concerned parent. Parent Melissa McKay discovered that her soon-to-be 13-year-old son had received an email from Google that linked information explaining how he could remove parental controls without parental supervision once he turned 13. McKay did not receive the same information. After this exposure, Google announced that minors must now have parental supervision to opt-out of parental controls. While Google’s reversal of its deceptive practices in this instance provides a small measure of comfort for parents, the situation as a whole displays the nefarious practices of tech giants.
Whether we like it or not, nearly all of us rely on tech giants like Apple, Google, or Microsoft on a daily basis. Unfortunately, these companies often do not have the best interests of our children in mind.
App Stores - Digital Gateways
App stores function as the gateway to a child’s online experience. Tech giants like Apple and Google operate app stores as the brokers for their digital products. Behind the scenes, the app store acts as a commercial intermediary controlling what apps are allowed in, handling payments, and setting the rules. App stores have power over what software reaches users and how it functions.
Unfortunately, app stores harm children by treating them like adults. Under Wisconsin law, minors generally lack the legal capacity to enter binding contracts. Yet app stores and developers routinely form contractual relationships with children—obligating them to terms of service, binding them to payment agreements, and collecting their personal data as consideration for services. This practice creates a legal anomaly where companies enforce contracts against individuals who cannot be legally bound without parental authorization.
App stores run by massive corporations cater their products to children but are practically exempt from child safety regulations. App stores must be held accountable for their interactions with children. Returning digital power to parents must begin at the gateway to a child’s online presence: the app store.
AB 962 - The App Store Accountability Act
Assembly Bill 962, The App Store Accountability Act, places more digital power into the hands of parents by giving them the power in the app store.
AB 962 contains three key features that protect children and return digital power to parents:
- First, AB 962 requires app stores to verify the age of their consumers. In order to ensure that the consumer has the legal capacity to enter into app contracts, this bill requires that app stores verify users’ ages. Currently, app stores already collect and store age-related data like birthdates and credit card information. In fact, some tech giants already use age-verification systems for certain commodities. This requirement is nonintrusive and easily implemented.
- Second, AB 962 requires parental consent for users under 18. Since children cannot legally enter into contracts, this bill correctly puts that decision with the parent or legal guardian. In order to download an app or make a purchase, a child must simply ask a parent or legal guardian to authorize the transaction.
- Third, AB 962 requires accurate age ratings and content descriptions for apps as well as clear information on data collection and sharing practices. Currently, app stores create age ratings and content descriptions for the apps in their stores. These ratings are often inconsistent and misleading. Parents must understand the facts in order to make informed decisions for their children.
Through these simple and easily enforceable requirements, the App Store Accountability Act protects children from entering into binding contracts and places authority with parents.
A Win for Families
“Protecting children online should not be controversial or partisan,” argues Representative Joy Goeben, author of AB 962. “This bill affirms a fundamental responsibility we all share: ensuring that parents have the ability to make informed decisions and that children are not left unprotected in an increasingly complex digital environment.”
AB 962 holds Google, Apple, and others responsible for their efforts to try to make contracts with minors. Passing the App Store Accountability Act would secure a win for children and parents in Wisconsin.
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