Federal Judge Robert Pitman has issued a preliminary injunction blocking Texas’s proposed “App Store Accountability Act”, a law that would have required users to prove their age before downloading apps or accessing paid content. The injunction prevents the state from implementing or enforcing the age-verification and parental-consent provisions set to take effect on Jan. 1.
The Proposed Law
The legislation, based on Senate Bill 2420, was passed by the Texas legislature earlier this year and aimed to protect children from potentially harmful material online, according to the bill’s author and supporters. The act would have mandated age verification for all app downloads and paid content within apps, and required minors to obtain parental consent.
Arguments and Stakeholders
Earlier this month, Judge Pitman heard arguments from both sides. The Center for the Computer and Communications Industry Association (CCIA) argued that the age restrictions infringe on free speech, suing the state over the law. “This is a broad brush complete ban to accessing the entire internet from a mobile device,” said Stephanie Joyce, the senior vice president and director of litigation at CCIA.
Texas Attorney General Ken Paxton countered that the claims about the law’s potential harms were “vastly overstated.” A motion filed in November noted that “The Apple and Google app stores already issue age ratings,” and that the app stores verify users’ ages and provide tools that enable parents to limit what apps children can download or purchase.
Judge Pitman’s Ruling
In his decision, Judge Pitman likened the act to a law that would require every bookstore to verify the age of every customer at the door and, for minors, require parental consent before the child or teen could enter and again when they try to purchase a book. He wrote, “The Act is akin to a law that would require every bookstore to verify the age of every customer at the door and, for minors, require parental consent before the child or teen could enter and again when they try to purchase a book.”
Pitman acknowledged the need for better safeguards for children online and the broad support for these protections, but stated that the means to achieve that end must be consistent with the First Amendment.
Reactions
KXAN reached out to the Attorney General’s Office for comment on the ruling and will update the story when a response is received. In a statement following the injunction, Joyce said, “This Order stops the Texas App Store Accountability Act from taking effect in order to preserve the First Amendment rights of app stores, app developers, parents, and younger internet users. It also protects parents’ inviolate right to use their own judgment in safeguarding their children online using the myriad tools our members provide.”
Key Takeaways
- A federal judge has blocked the Texas App Store Accountability Act, citing First Amendment concerns.
- The law would have required age verification for all app downloads and parental consent for minors.
- The injunction keeps the law from taking effect on Jan. 1 while the legal dispute continues.
The injunction represents a significant win for tech industry groups and a setback for Texas lawmakers who sought to tighten online child protection measures through app-store controls.
