North Carolina Bill Mandates Age Verification for Minors on Social Media, Raising Privacy Concerns

In North Carolina, legislators are considering a bill that aims to enhance consumer control over personal data collected and sold by companies. State Senators Terry Brown (D) and Allen Chesser (R) introduced the NC Personal Data Privacy Act last month, which outlines six key consumer rights, including the ability to request data details, correct inaccuracies, and opt out of data sales to third parties. Certain types of data, such as health information protected under HIPAA, are exempt, and companies can avoid compliance if it would reveal trade secrets. While the bill mirrors aspects of the previously introduced Consumer Privacy Act of North Carolina, it diverges significantly by incorporating age verification requirements for social media platforms. These requirements mandate that social media companies implement "reasonable age verification methods" to prevent minors from creating accounts without parental consent. The verification process involves using third-party vendors, who can accept forms of identification like driver’s licenses or other government-issued IDs. Exceptions to these rules include certain gaming sites and platforms with annual revenues under $100,000. Age verification legislation for social media is a growing trend across the United States, reflecting broader efforts to restrict minors' online activities. For instance, Arkansas passed similar legislation in 2023, and other states like Minnesota and Pennsylvania are currently considering their own versions. At the federal level, the Kids Off Social Media Act was reintroduced by U.S. senators this year, aiming to mandate social media age verification nationwide. However, experts and privacy advocates argue that these age verification measures are likely to do more harm than good. Eric Null, co-director of the Center for Democracy and Technology’s Privacy & Data Project, stated that the bill is "another example of industry-friendly privacy legislation" with weak data minimization protections and extensive exemptions. According to Null, the requirement for third-party age verification is particularly problematic because it is "privacy-invasive" and benefits only the age verification providers. Social media companies and their service providers could gain access to users' IDs, increasing the risk of data misuse and breaches. Moreover, age verification systems are often circumventable and can be bypassed using fake identities or manipulated data. This undermines the intended security and raises concerns about the effectiveness of such measures. Privacy advocates like the Electronic Frontier Foundation (EFF) highlight another critical issue: age verification legislation disproportionately affects marginalized communities. In the U.S., millions of adults lack government-issued IDs, including those from low-income backgrounds, the elderly, young adults, and communities of color. The proposed bill in North Carolina, therefore, faces significant scrutiny and opposition from privacy advocates and industry experts who believe it fails to address the deeper issues of data protection and minors' online safety. Instead, it introduces new risks and burdens, particularly for already vulnerable groups. The broader trend of moral panic surrounding minors' online activities, often cloaked in the guise of legislative progress, is viewed with skepticism by many in the tech community. Industry Insights and Company Profiles Industry insiders and privacy experts agree that the North Carolina bill, while seemingly progressive, fails to deliver meaningful data protection. The bill's reliance on third-party vendors for age verification is seen as a significant flaw, as it exposes users to additional privacy risks. The Center for Democracy and Technology, known for its advocacy in technology policy, has critiqued the bill for its lack of robust safeguards. Founded in 1994, the organization works to ensure that the internet remains a space for innovation, expression, and privacy. The Electronic Frontier Foundation, a leading digital rights group, further emphasizes that age verification laws can exacerbate existing inequalities and disproportionately impact marginalized communities. Established in 1990, the EFF is dedicated to defending civil liberties in the digital world and has a history of opposing legislation that erodes user privacy and security. Companies that might be affected by the bill, including major social media platforms, have not yet publicly commented on the specific North Carolina legislation. However, the broader trend of age verification mandates has already sparked debate and legal challenges, as seen with the Texas hb 1181 and the PAVE Act. These companies will likely monitor the situation closely, given the potential implications for user trust and data management practices.