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Texas App Store Accountability Act Faces Constitutional Challenge

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The Center for Democracy & Technology filed an amicus brief this week supporting Students Engaged in Advancing Texas and the Computer & Communication Industry Association in their constitutional challenge to Texas's App Store Accountability Act. The coalition includes the Internet Society and New America's Open Technology Institute, arguing the law violates First Amendment protections for online speech and commerce.

Texas's law mandates that app stores verify user ages and require parental approval for every app download by minors. Parents must also re-approve apps whenever a 'significant change' occurs—a broadly defined term that creates ongoing compliance burdens. Additionally, the law forces app stores to share age-related data with every application, raising serious privacy concerns for users of all ages.

A district court issued a preliminary injunction, comparing the law to requiring bookstores to verify customer ages at the door. The Fifth Circuit stayed this injunction, applying a lesser scrutiny standard. CDT's brief argues the law fails under any constitutional test, citing research showing parents view age verification as invasive and overly burdensome to family digital experiences.

The law creates a chilling effect on access to online services for both children and adults. CDT suggests Texas could have adopted privacy-protective alternatives like voluntary age signaling systems, allowing families to control which applications receive their data rather than mandating universal disclosure.