Senate Bill 26-051 reflects that pattern. The bill does not directly regulate individual websites that publish adult or otherwise restricted content. Instead, it shifts responsibility to operating system providers and app distribution infrastructure.
Under the bill, an operating system provider would be required to collect a user’s date of birth or age information when an account is established. The provider would then generate an age bracket signal and make that signal available to developers through an application programming interface when an app is downloaded or accessed through a covered application store.
App developers, in turn, would be required to request and use that age bracket signal.
Rather than mandating that every website perform its own age verification check, the bill attempts to embed age attestation within the operating system account layer and have that classification flow through app store ecosystems.
The measure represents the latest iteration in a series of Colorado efforts that have struggled to balance child safety, privacy, feasibility and constitutional limits.
The courts should strike it down, I don’t have faith they will side with the constitution, but it’s clearly unconstititional and beyond the authority of the state as well, in the realm of interstate commerce which is explicitly given to the feds, whom can’t be trusted either obviously.
But the 1st amendment is clearly invalidating this, forcing people to identify themselves to groups that will record everything they say or do and sell it to everyone, including the government, that will chill speech, and groups will punish people for their speech.
Too bad scotus is all in on punishing people for speech though.
I don’t think it will be cut and dry on state vs federal, although if we follow trends it will get shutdown because the feds love abusing the commerce and elastic clause. And I’m not overly familiar with the Colorado constitution, but the actual text isn’t actually that invasive, it makes no requirements on data collection, it only requires for it to be obtained somehow, which could be self reporting ala parental controls, it only requires that once the data is obtained that they must provide an age bracket and only and age bracket to services that request it and only services that request it.
The very act of forcing it to be collected chills freedom of speech. Leaving it undefined how it’s done should make the law more likely to get overturned not less.
Knowing your age was collected, and is stored somewhere, connected to your computer, and that everything done on that computer can then be connected back to that positive ID, chills speech, as much as they might try to betray the bill of rights with this mealy mouthed attempt to surrender us to Tech.