New York S8102 (Device Age Checks)

BadIn progressNY S8102United StatesNew York, United States
Amended and recommitted to Senate Consumer ProtectionHigh threat
  1. Introduced
  2. Passed House
  3. Passed Senate
  4. Became Law

Would push age verification down to the device, operating system, and app store, so a phone checks your age before its software works normally.

Latest update

Amended and recommitted to Consumer Protection as S8102B

This bill is still moving

This bill is still moving, so there's still time to push back.

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What it does

New York's S8102 would require device makers to run an age check when a device is set up, then send a digital signal through an API telling apps and services whether the user is a minor and which age category they fall in. The bill labels this "age assurance," its term for any method that can reasonably determine a user's age category and resist circumvention, and it lets the Attorney General write the compliance rules. The methods it reaches for include biometric estimation and government-issued ID.

Why it matters

Building the age gate into the hardware and the operating system puts a single checkpoint in front of everything a phone does. One clearance covers every app at once. California's AB 1043 asks the operating system for a self-declared age signal; New York's version reaches for biometrics and government ID and ties app activity to a verified identity.

Our take

The child-safety pitch is real, and the surveillance it would build reaches well past any child. A device that has to confirm your age before it runs is a device that can log what you run. New York wants that check baked in at the level almost nobody can route around.

Timeline

Amended and recommitted to Consumer Protection as S8102B

Latest

Amended and recommitted to Consumer Protection as S8102A

Referred to the Consumer Protection Committee

Sponsor

Sen. Andrew Gounardes