Alaska 2025-2026 Regular Session

Alaska House Bill HB46 Compare Versions

Only one version of the bill is available at this time.

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11	11	HOUSE BILL NO. 46
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
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15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
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17	17	BY REPRESENTATIVE VANCE
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19	19	Introduced: 1/17/25
20	20	Referred: Prefiled
21	21
22	22
23	23	A BILL
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25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to minors; and relating to the distribution and use of electronic 1
28	28	applications." 2
29	29	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
30	30	* Section 1. The uncodified law of the State of Alaska is amended by adding a new section 4
31	31	to read: 5
32	32	SHORT TITLE. This Act may be known as the App Store Accountability Act. 6
33	33	* Sec. 2. AS 45.50 is amended by adding new sections to read: 7
34	34	Article 5A. Mobile Apps, App Stores, and Minors. 8
35	35	Sec. 45.50.620. Duties of app store providers. (a) On or after January 1, 9
36	36	2026, an app store provider shall, for each individual located in the state who 10
37	37	downloads or purchases an app from the provider's app store, 11
38	38	(1) verify the individual's age using a commercially reasonable 12
39	39	method; and 13
40	40	(2) determine the age category for the individual. 14 34-LS0313\N
41	41	HB 46 -2- HB0046a
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44	44	(b) An app store provider shall obtain verifiable parental consent as required 1
45	45	under (c) of this section before allowing a minor located in the state to 2
46	46	(1) use the provider's app store; 3
47	47	(2) download an app from the provider's app store; 4
48	48	(3) purchase an app from the provider's app store; 5
49	49	(4) use an app from the provider's app store; and 6
50	50	(5) make an in-app purchase with an app from the provider's app store. 7
51	51	(c) The app store provider shall obtain verifiable parental consent from a 8
52	52	parent of the minor. The app store provider shall verify that the parent is 18 years of 9
53	53	age or older. Before obtaining the parent's consent, the app store provider shall 10
54	54	disclose information to the parent identifying what is specifically being consented to, 11
55	55	including the minimum age, content descriptors, and age rating for the app or in-app 12
56	56	purchase at issue. The app store provider shall give the parent a clear choice to consent 13
57	57	or decline to consent to the request. 14
58	58	(d) By default, an app store provider shall obtain verifiable parental consent 15
59	59	for each individual download, purchase, or use as required under (b) of this section. 16
60	60	An app store provider may allow a parent to modify this default if the parent wishes to 17
61	61	provide verifiable parental consent for multiple downloads, purchases, or uses. 18
62	62	(e) An app store provider shall provide a commercially reasonable mechanism 19
63	63	for a parent of a minor located in the state to allow the download of any app from the 20
64	64	provider's app store that is suitable for a minor's age category or block the download 21
65	65	of any app that is unsuitable for a minor's age category, based on the app's age rating. 22
66	66	(f) An app store provider who owns or controls a mobile device's mobile 23
67	67	operating system and offers parental controls, including filters to prevent a minor from 24
68	68	accessing sexually explicit Internet websites on the mobile device's web browser and 25
69	69	mechanisms that allow a parent to control usage limits for the mobile device, shall 26
70	70	provide clear and easy-to-find mechanisms for a parent to access the parental controls. 27
71	71	(g) If an app store provider displays age ratings consistent with age categories 28
72	72	and content descriptions, the app store provider shall ensure the age ratings and 29
73	73	content descriptions are clearly, accurately, and prominently displayed. 30
74	74	(h) An app store provider shall allow a developer to request a
75	75	signal so the 31 34-LS0313\N
76	76	HB0046a -3- HB 46
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79	79	developer can determine the age category of an individual who is using the developer's 1
80	80	app while located in the state and whether the app store has obtained verifiable 2
81	81	parental consent under this section for the individual to use the developer's app. An 3
82	82	app store provider is not required to disclose any personal information about an 4
83	83	individual to a developer other than the individual's age category and whether the app 5
84	84	store provider has obtained verifiable parental consent. 6
85	85	(i) An app store provider may take reasonable measures to 7
86	86	(1) block, detect, or prevent the distribution of unlawful, obscene, or 8
87	87	other harmful material to minors; 9
88	88	(2) block or filter spam or prevent criminal activity; or 10
89	89	(3) protect the security of an app store or app. 11
90	90	(j) An app store provider may not implement the requirements of this section 12
91	91	in a manner that is arbitrary, capricious, anticompetitive, or unlawful. 13
92	92	Sec. 45.50.630. Developer obligations. (a) When available, a developer shall 14
93	93	use the application programming interface of an app store provider to 15
94	94	(1) obtain a signal from an app store provider to verify the age 16
95	95	category of an individual who is using the developer's app while located in the state; 17
96	96	and 18
97	97	(2) determine whether the app store provider has obtained verifiable 19
98	98	parental consent and the purpose for which the consent has been obtained. 20
99	99	(b) If a developer displays age ratings consistent with age categories and 21
100	100	content descriptions, the developer shall ensure the age ratings and content 22
101	101	descriptions are clearly, accurately, and prominently displayed. If an age rating or the 23
102	102	nature of the developer's services change, the developer shall notify all app store 24
103	103	providers who distribute the developer's app and obtain additional verifiable parental 25
104	104	consent. 26
105	105	(c) A developer shall provide readily accessible features for a parent of a 27
106	106	minor located in the state to implement time restrictions on using the developer's app, 28
107	107	including allowing the parent to view metrics reflecting the amount of time the minor 29
108	108	is using the app and setting daily time limits on the minor's use of the app. 30
109	109	(d) A developer may not knowingly or with gross negligence incorrectly
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111	111	HB 46 -4- HB0046a
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114	114	display an app's age rating or content description on an app store. 1
115	115	(e) It is a defense to an action brought against a developer for a violation of (a) 2
116	116	of this section that the developer relied on an app store provider's signal and notice of 3
117	117	verifiable parental consent from the app store provider. 4
118	118	Sec. 45.50.640. Age categories. For purposes of AS 45.50.620 - 45.50.690, 5
119	119	individuals are grouped by age into the following age categories: 6
120	120	(1) "adult," encompassing individuals at least 21 years of age; 7
121	121	(2) "young adult," encompassing individuals at least 18 years of age 8
122	122	but under 21 years of age; 9
123	123	(3) "older teenager," encompassing individuals 17 years of age; 10
124	124	(4) "teenager," encompassing individuals at least 13 years of age but 11
125	125	under 17 years of age; and 12
126	126	(5) "child," encompassing individuals under 13 years of age. 13
127	127	Sec. 45.50.650. Enforcement by department. (a) The department may 14
128	128	(1) impose an administrative fine of not more than $2,500 for each 15
129	129	violation of AS 45.50.620 - 45.50.690; and 16
130	130	(2) bring an action in a court of competent jurisdiction to enforce 17
131	131	AS 45.50.620 - 45.50.690. 18
132	132	(b) In an action by the department to enforce this section, the court may 19
133	133	(1) declare that an act or practice violates a provision of AS 45.50.620 20
134	134	- 45.50.690; 21
135	135	(2) issue an injunction; 22
136	136	(3) order disgorgement of any money received in violation of 23
137	137	AS 45.50.620 - 45.50.690; 24
138	138	(4) impose a civil penalty of not more than $10,000 for each violation 25
139	139	of AS 45.50.620 - 45.50.690; 26
140	140	(5) award actual damages to an injured minor or parent; 27
141	141	(6) award full reasonable attorney fees, investigative fees, and court 28
142	142	costs to the department; 29
143	143	(7) if warranted, award punitive damages under AS 09.17.020; and 30
144	144	(8) award other relief to an injured minor or parent that the court 31 34-LS0313\N
145	145	HB0046a -5- HB 46
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148	148	considers reasonable and necessary. 1
149	149	Sec. 45.50.660. Private right of action. (a) A parent of a minor located in the 2
150	150	state may bring an action for failure to comply with AS 45.50.620 - 45.50.690. 3
151	151	(b) In an action under this section, the court may 4
152	152	(1) award actual damages for financial, physical, and emotional harm 5
153	153	incurred by the person as a direct consequence of the violation; 6
154	154	(2) declare that an act or practice violates a provision of AS 45.50.620 7
155	155	- 45.50.690; 8
156	156	(3) issue an injunction; and 9
157	157	(4) award full reasonable attorney fees and costs. 10
158	158	Sec. 45.50.670. Regulations. The department may adopt regulations under 11
159	159	AS 44.62 (Administrative Procedure Act) necessary to implement AS 45.50.620 - 12
160	160	45.50.690. 13
161	161	Sec. 45.50.690. Definitions. In AS 45.50.620 - 45.50.690, 14
162	162	(1) "app" means a software application or electronic service that is run 15
163	163	or directed by a user on a computer, mobile device, tablet, or another general-purpose 16
164	164	computing device; 17
165	165	(2) "app store" means a publicly available Internet website, software 18
166	166	application, or other electronic service that distributes an app from a third-party 19
167	167	developer to a user of a computer, mobile device, tablet, or another general-purpose 20
168	168	computing device; 21
169	169	(3) "app store provider" means a person who owns or controls an app 22
170	170	store available in the state; 23
171	171	(4) "department" means the Department of Law; 24
172	172	(5) "developer" means a person who owns or controls an app 25
173	173	distributed through an app store available in the state; 26
174	174	(6) "minor" means an individual who is under 18 years of age; 27
175	175	(7) "mobile device" means a tablet or smartphone running a mobile 28
176	176	operating system; 29
177	177	(8) "mobile operating system" means software that manages mobile 30
178	178	device hardware resources and provides common services for mobile device apps; 31 34-LS0313\N
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182	182	(9) "parent" means an individual 18 years of age or older who is 1
183	183	legally responsible for a minor's welfare; 2
184	184	(10) "personal information" has the meaning given in AS 45.48.090; 3
185	185	(11) "signal" means a set of age-bracketed data sent by a real-time 4
186	186	secure application programming interface or operating system; 5
187	187	(12) "verifiable parental consent" means authorization that satisfies the 6
188	188	criteria in AS 45.50.620(c). 7
189	189	* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 8
190	190	read: 9
191	191	APP AGE RATING ADVISORY COMMITTEE. (a) Not later than 60 days after the 10
192	192	effective date of this Act, the Department of Law shall establish an app age rating advisory 11
193	193	committee. 12
194	194	(b) The membership of the advisory committee shall consist of parents, content 13
195	195	creators, app developers, and representatives of public interest groups focused on child 14
196	196	welfare. 15
197	197	(c) The advisory committee shall issue a report by the end of each calendar year to the 16
198	198	Department of Law that contains recommendations on how to increase transparency and 17
199	199	consistency regarding the age rating of apps offered on app stores available in the state. The 18
200	200	department shall make the reports from the committee publicly available. 19
201	201	(d) The Department of Law shall review the annual reports issued by the app age 20
202	202	rating advisory committee and update regulations adopted by the department as necessary 21
203	203	based on the recommendations of the committee. 22
204	204	(e) The app age rating advisory committee terminates on December 31, 2027. 23