Computer & Communications Industry Association v. Paxton - App Store Age Verification Amicus Brief

Status: Filed

Court: United States Court of Appeals for the Fifth Circuit

Key issues: Digital Privacy; Children’s Privacy; Age Verification; Data Security; Online Safety; App Stores; COPPA; Texas Data Privacy and Security Act

The case now before the U.S. Court of Appeals for the Fifth Circuit challenges Texas S.B. 2420, a law requiring app store owners and app developers to verify users’ ages and parental-consent information before minors can download or use apps. Although the law is framed as a child online-safety measure, it raises serious privacy concerns because it requires companies to collect and share sensitive age-verification and parental-consent data from children, parents, and other users.

S.T.O.P. filed an amicus brief urging the Fifth Circuit to strike down Texas S.B. 2420, arguing that the law conflicts with existing privacy protections and would increase the collection and disclosure of sensitive personal data. S.T.O.P. argues that the law:

• Conflicts with COPPA by undermining parents’ right to control whether their children’s personal information is disclosed to third parties.

• Forces app store owners and developers to collect, verify, and share sensitive age-verification and parental-consent information from children, parents, and other users.

• Threatens privacy and data security by expanding the amount of personal information companies must collect and making that information available to more entities.

The Fifth Circuit’s review addresses whether Texas S.B. 2420 can be enforced when its age-verification requirements appear to conflict with existing privacy laws that give parents and consumers control over the collection, disclosure, and deletion of their personal data.