INSIGHTi

Challenges with Identifying Minors Online:
A Brief Introduction
November 30, 2022
In the final weeks of the 117th Congress, Members of Congress are considering increasing protections for
children online through the Kids Online Safety Act (S. 3663) and the Children and Teens’ Online Privacy
Protection Act (S. 1628). The bills would create requirements for operators of websites and mobile
applications (apps), among other entities, to implement safeguards and other protections for minors. The
U.S. Senate Committee on Commerce, Science, and Technology approved both bills on July 27, 2022.
To protect minors online, Congress enacted the Children’s Online Privacy Protection Act (COPPA; 15
U.S.C. §§6501-6506) in 1998. COPPA requires operators of online services directed to children under 13
years of age that collect personal information to notify users about the data collection, receive parental
consent, and maintain “reasonable procedures” to protect the data. Congress has enacted other
legislation—such as the Child Online Protection Act—that federal courts have deemed unconstitutional
under the First Amendment.
Current Efforts to Identify Minors
Some providers of online services have implemented minimum age requirements, typically stated in the
providers’ terms of service. Providers can use a minimum age requirement to assist them in complying
with federal laws, such as COPPA, or to provide content that might not be suitable for minors.
To verify users’ ages, many providers only require users to enter their birthdate or age before accessing
the website or app, although some have set or are exploring additional requirements. For example, Tinder,
a dating app, requires users in some locations to submit a copy of their driver’s license, passport, or health
insurance card to verify their age; it does not allow verification with a resident card, temporary driver’s
license, or student identification (ID) card. In June 2022, Instagram, a social media platform, started to
test three options for users to verify their age. Users can (1) record videos of themselves, which are shared
with Yoti, a company that operates an age-checking artificial intelligence (AI) technology; (2) ask other
users to confirm their age; or (3) upload a driver’s license or other form of ID. In February 2021,
Pornhub, a platform for pornographic content, announced that only users verified with Yoti would be able
to upload content. On November 8, 2022, Anheuser-Busch, a beer brewing company, launched a
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responsible delivery website for retailers, including e-commerce, which provides age verification
recommendations.
Potential Challenges with Identifying Minors
Providers of online services may face different challenges using photo ID to verify users’ ages, depending
on the type of ID used. For example, requiring a government-issued ID—such as a driver’s license—
might not be feasible for certain age groups, such as those younger than 13. In 2020, approximately 25%
and 68% of individuals who were ages 16 and 19, respectively, had a driver’s license. This suggests that
most 16 year olds would not be able to use an online platform that required a driver’s license. Other forms
of photo ID, such as student IDs, could expand the age range with a photo ID. However, it may be easier
to falsify a student ID than a driver’s license. Schools do not have a uniform ID system, and there were
128,961 public and private schools—including prekindergarten through high school—during the 2019-
2020 school year, suggesting there could be various forms of IDs that could make it difficult to determine
which ones are fake.
Another option could be creating a national digital ID for all individuals that includes age. Multiple states
are exploring digital IDs for individuals by creating digital versions of a driver’s license. Some firms are
using blockchain technologies to identify users, such as for digital wallets and for individuals’ health
credentials. However, a uniform national digital ID system currently does not exist in the United States.
Creating such a system could raise privacy and security concerns. Furthermore, it is unclear who would
be responsible for creating and maintaining the system and verifying the information on it.
Several online service providers are relying on AI to identify users’ ages. Thus, more firms have started to
offer AI age verification services. For example, Intellicheck uses facial biometric data to validate an ID by
matching it to the individual. However, commentators have raised concerns about biases and the lack of
transparency with some of these AI technologies. For example, the accuracy of facial analysis software
can depend on the individual’s gender, skin color, and other factors. Commentators have also questioned
the ability of AI software to distinguish between small differences in age, particularly when individuals
can use make-up and props to appear older.
Companies can also rely on data obtained directly from users or from other sources, such as data brokers.
For example, a company could check a mobile phone’s registration information or analyze information on
the user’s social media account. However, this could raise data privacy and security concerns. Members
of Congress have expressed concern about online platforms’ collection of consumer data.
Policy Considerations for Congress
As Members of Congress consider implementing protections for minors, they may wish to consider
potential unintended effects. For example, depending on the requirements of the legislation and severity
of the penalties, legislation may create incentives for companies to collect more data on their users, limit
availability of certain content for all users, and limit users who are able to access their platforms,
including individuals who are not minors. Legislation that results in providers restricting access to content
on their platforms may be subject to constitutional challenges in court under the Free Speech Clause of
the First Amendment. If Congress chooses not to pursue legislative action, state laws—such as the
California Age-Appropriate Design Code Act—and public scrutiny about harms to minors may
incentivize providers of online services to implement new age verification requirements.

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Author Information

Clare Y. Cho

Analyst in Industrial Organization and Business




Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff
to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of
information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role.
CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United
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as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the
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