Why It Matters

Policymakers are confronting a mounting crisis: youth mental health is deteriorating, and the internet may be playing a role. In 2023, 40% of high school students reported experiencing persistent feelings of sadness or hopelessness, according to a study from the Centers For Disease Control and Prevention (CDC). Simultaneously, Congress is grappling with how to protect minors online, while respecting free speech and avoiding unintended consequences.

The Big Picture

Congress has already acted on several fronts. The Federal Trade Commission published a final rule April 22, 2025 amending the Children's Online Privacy Protection Rule regulations, requiring operators to obtain parental consent before collecting data from children under 13 years old. More recently, an amended version of the Children and Teens' Online Privacy Protection Act unanimously passed through the Senate March 5. This legislation extends protections to teenagers, 13 through 17 years old, and restricts targeted advertising to minors, though it explicitly does not require age verification.

Some states have passed comprehensive consumer data privacy laws for its residents, while others have gone further, imposing requirements specifically on social media platforms and websites serving minors.

Website operators have developed various methods to determine users' ages, often in response to federal or state legislation. Self-identification, such as requiring a user to provide their date of birth, is a commonly used method for age verification, but a website operator cannot verify that information without additional data or documentation. Documentation-based verification, like requesting a photo ID, is more accurate but raises privacy concerns and excludes people without government-issued IDs. Facial age estimation systems offer promise but come with significant limitations. The National Institute of Standards and Technology (NIST) found that six facial age estimation systems estimated ages within a range of 3.1 years on average.

Political Stakes

For Congress

The 119th Congress has held hearings, and members have introduced bills seeking to increase protections for minors online by implementing additional requirements for website operators.

Some federal laws seeking to protect minors online have been deemed unconstitutional under the First Amendment by federal courts. Many state laws creating requirements for websites that provide material intended for or likely to be accessed by minors have been challenged in court on free speech grounds.

Access the Legis1 platform for comprehensive political news, data, and insights.

Spot something wrong? Report an issue with this article