Constitutional questions raised over digital age verification bill

By Jim Talamonti | The Center Square
The Center Square

(The Center Square) – Constitutional concerns surround state legislation aimed at verifying the age of internet and social media users.

Illinois state Sen. Willie Preston, D-Chicago, said House Bill 5511 is focused on protecting children in the digital age.

“This legislation creates an age assurance system that allows platforms to identify whether a user is a minor without unnecessarily collecting excessive personal information,” Preston told the Senate Executive Committee.

HB 5511 calls for age verification from internet-enabled device providers and “covered providers,” limits notification hours and prohibits the automatic playing of media to a covered minor by default.

NetChoice Director of Policy Patrick Hedger urged lawmakers to reject the measure.

“While we share this committee’s concerns for children’s online safety, this bill would trample on the speech rights while endangering online safety of users of all ages,” Hedger said.

Hedger said Illinois could face costly legal challenges after NetChoice secured permanent injunctions against digital ID mandates in Arkansas, Louisiana and Ohio.

Hedger said HB 5511 is unconstitutional because it regulates activity outside of Illinois.

The bill is supported by Illinois Gov. J.B. Pritzker’s office.

Minnesota Gov. Tim Walz recently signed legislation requiring social media companies operating in his state to ensure they obtain “verifiable parental consent” for children under 16 looking to make a social media account.

NetChoice testified against the Minnesota bill, saying it would compromise data security, restrict constitutionally-protected speech and unleash a wave of litigation.

When Sen. Cristina Castro, D-Elgin, raised questions about the age verification process, Lindsey Volz from Pritzker’s office said the bill does not stop children from having apps or seeing content.

“Children have the right to download Snapchat and chat with their friends or any of these social media sites. It would just limit the use of the addictive algorithm,” Volz said.

Sen. Sue Rezin, R-Morris, asked Preston why a provision was removed that prohibited pornography on digital platforms for minors.

“Are you or the governor’s office saying that you support allowing pornographic material on platforms for minors to see?” Rezin said.

“Absolutely not,” Preston said.

Preston said some colleagues cited speech rights and had challenges with the provision.

“Whether that was correct or not, we decided to make sure that we limited this bill to what its original intent was, which was to protect children online from addictive feeds and being preyed upon,” Preston said.

Illinois Senate Republican Leader John Curran, R-Downers Grove, wondered why the bill places obligation on device manufacturers and not just social media platforms.

In response, Volz said California passed a device-level age assurance bill last year.

After several senators expressed concern about private right of action, Preston said the intent is to not have a private right of action and he would be happy to bring forth an amendment to clarify it.

Committee chair Castro said the bill needs further clarifications.

“There’s a confusion between device level and operating level. I understand you’re going to put an agent in a device, but how does the device speak to you if you open up Safari,” Castro said.

“What is a covered platform?” Castro asked.

In addition to Pritzker’s office, proponents of the bill include Common Sense Media and the Greater Chicagoland Black Chamber of Commerce.

Opponents include the ACLU, the Illinois Chamber of Commerce and the Taxpayers Protection Alliance.

Castro agreed to let HB 5511 pass out of committee with the understanding that it would come back for further discussion.

Elyse Apel contributed to this story.