HB 46: "An Act relating to minors; and relating to the distribution and use of electronic applications."
00 HOUSE BILL NO. 46 01 "An Act relating to minors; and relating to the distribution and use of electronic 02 applications." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 SHORT TITLE. This Act may be known as the App Store Accountability Act. 07 * Sec. 2. AS 45.50 is amended by adding new sections to read: 08 Article 5A. Mobile Apps, App Stores, and Minors. 09 Sec. 45.50.620. Duties of app store providers. (a) On or after January 1, 10 2026, an app store provider shall, for each individual located in the state who 11 downloads or purchases an app from the provider's app store, 12 (1) verify the individual's age using a commercially reasonable 13 method; and 14 (2) determine the age category for the individual.
01 (b) An app store provider shall obtain verifiable parental consent as required 02 under (c) of this section before allowing a minor located in the state to 03 (1) use the provider's app store; 04 (2) download an app from the provider's app store; 05 (3) purchase an app from the provider's app store; 06 (4) use an app from the provider's app store; and 07 (5) make an in-app purchase with an app from the provider's app store. 08 (c) The app store provider shall obtain verifiable parental consent from a 09 parent of the minor. The app store provider shall verify that the parent is 18 years of 10 age or older. Before obtaining the parent's consent, the app store provider shall 11 disclose information to the parent identifying what is specifically being consented to, 12 including the minimum age, content descriptors, and age rating for the app or in-app 13 purchase at issue. The app store provider shall give the parent a clear choice to consent 14 or decline to consent to the request. 15 (d) By default, an app store provider shall obtain verifiable parental consent 16 for each individual download, purchase, or use as required under (b) of this section. 17 An app store provider may allow a parent to modify this default if the parent wishes to 18 provide verifiable parental consent for multiple downloads, purchases, or uses. 19 (e) An app store provider shall provide a commercially reasonable mechanism 20 for a parent of a minor located in the state to allow the download of any app from the 21 provider's app store that is suitable for a minor's age category or block the download 22 of any app that is unsuitable for a minor's age category, based on the app's age rating. 23 (f) An app store provider who owns or controls a mobile device's mobile 24 operating system and offers parental controls, including filters to prevent a minor from 25 accessing sexually explicit Internet websites on the mobile device's web browser and 26 mechanisms that allow a parent to control usage limits for the mobile device, shall 27 provide clear and easy-to-find mechanisms for a parent to access the parental controls. 28 (g) If an app store provider displays age ratings consistent with age categories 29 and content descriptions, the app store provider shall ensure the age ratings and 30 content descriptions are clearly, accurately, and prominently displayed. 31 (h) An app store provider shall allow a developer to request a signal so the
01 developer can determine the age category of an individual who is using the developer's 02 app while located in the state and whether the app store has obtained verifiable 03 parental consent under this section for the individual to use the developer's app. An 04 app store provider is not required to disclose any personal information about an 05 individual to a developer other than the individual's age category and whether the app 06 store provider has obtained verifiable parental consent. 07 (i) An app store provider may take reasonable measures to 08 (1) block, detect, or prevent the distribution of unlawful, obscene, or 09 other harmful material to minors; 10 (2) block or filter spam or prevent criminal activity; or 11 (3) protect the security of an app store or app. 12 (j) An app store provider may not implement the requirements of this section 13 in a manner that is arbitrary, capricious, anticompetitive, or unlawful. 14 Sec. 45.50.630. Developer obligations. (a) When available, a developer shall 15 use the application programming interface of an app store provider to 16 (1) obtain a signal from an app store provider to verify the age 17 category of an individual who is using the developer's app while located in the state; 18 and 19 (2) determine whether the app store provider has obtained verifiable 20 parental consent and the purpose for which the consent has been obtained. 21 (b) If a developer displays age ratings consistent with age categories and 22 content descriptions, the developer shall ensure the age ratings and content 23 descriptions are clearly, accurately, and prominently displayed. If an age rating or the 24 nature of the developer's services change, the developer shall notify all app store 25 providers who distribute the developer's app and obtain additional verifiable parental 26 consent. 27 (c) A developer shall provide readily accessible features for a parent of a 28 minor located in the state to implement time restrictions on using the developer's app, 29 including allowing the parent to view metrics reflecting the amount of time the minor 30 is using the app and setting daily time limits on the minor's use of the app. 31 (d) A developer may not knowingly or with gross negligence incorrectly
01 display an app's age rating or content description on an app store. 02 (e) It is a defense to an action brought against a developer for a violation of (a) 03 of this section that the developer relied on an app store provider's signal and notice of 04 verifiable parental consent from the app store provider. 05 Sec. 45.50.640. Age categories. For purposes of AS 45.50.620 - 45.50.690, 06 individuals are grouped by age into the following age categories: 07 (1) "adult," encompassing individuals at least 21 years of age; 08 (2) "young adult," encompassing individuals at least 18 years of age 09 but under 21 years of age; 10 (3) "older teenager," encompassing individuals 17 years of age; 11 (4) "teenager," encompassing individuals at least 13 years of age but 12 under 17 years of age; and 13 (5) "child," encompassing individuals under 13 years of age. 14 Sec. 45.50.650. Enforcement by department. (a) The department may 15 (1) impose an administrative fine of not more than $2,500 for each 16 violation of AS 45.50.620 - 45.50.690; and 17 (2) bring an action in a court of competent jurisdiction to enforce 18 AS 45.50.620 - 45.50.690. 19 (b) In an action by the department to enforce this section, the court may 20 (1) declare that an act or practice violates a provision of AS 45.50.620 21 - 45.50.690; 22 (2) issue an injunction; 23 (3) order disgorgement of any money received in violation of 24 AS 45.50.620 - 45.50.690; 25 (4) impose a civil penalty of not more than $10,000 for each violation 26 of AS 45.50.620 - 45.50.690; 27 (5) award actual damages to an injured minor or parent; 28 (6) award full reasonable attorney fees, investigative fees, and court 29 costs to the department; 30 (7) if warranted, award punitive damages under AS 09.17.020; and 31 (8) award other relief to an injured minor or parent that the court
01 considers reasonable and necessary. 02 Sec. 45.50.660. Private right of action. (a) A parent of a minor located in the 03 state may bring an action for failure to comply with AS 45.50.620 - 45.50.690. 04 (b) In an action under this section, the court may 05 (1) award actual damages for financial, physical, and emotional harm 06 incurred by the person as a direct consequence of the violation; 07 (2) declare that an act or practice violates a provision of AS 45.50.620 08 - 45.50.690; 09 (3) issue an injunction; and 10 (4) award full reasonable attorney fees and costs. 11 Sec. 45.50.670. Regulations. The department may adopt regulations under 12 AS 44.62 (Administrative Procedure Act) necessary to implement AS 45.50.620 - 13 45.50.690. 14 Sec. 45.50.690. Definitions. In AS 45.50.620 - 45.50.690, 15 (1) "app" means a software application or electronic service that is run 16 or directed by a user on a computer, mobile device, tablet, or another general-purpose 17 computing device; 18 (2) "app store" means a publicly available Internet website, software 19 application, or other electronic service that distributes an app from a third-party 20 developer to a user of a computer, mobile device, tablet, or another general-purpose 21 computing device; 22 (3) "app store provider" means a person who owns or controls an app 23 store available in the state; 24 (4) "department" means the Department of Law; 25 (5) "developer" means a person who owns or controls an app 26 distributed through an app store available in the state; 27 (6) "minor" means an individual who is under 18 years of age; 28 (7) "mobile device" means a tablet or smartphone running a mobile 29 operating system; 30 (8) "mobile operating system" means software that manages mobile 31 device hardware resources and provides common services for mobile device apps;
01 (9) "parent" means an individual 18 years of age or older who is 02 legally responsible for a minor's welfare; 03 (10) "personal information" has the meaning given in AS 45.48.090; 04 (11) "signal" means a set of age-bracketed data sent by a real-time 05 secure application programming interface or operating system; 06 (12) "verifiable parental consent" means authorization that satisfies the 07 criteria in AS 45.50.620(c). 08 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 APP AGE RATING ADVISORY COMMITTEE. (a) Not later than 60 days after the 11 effective date of this Act, the Department of Law shall establish an app age rating advisory 12 committee. 13 (b) The membership of the advisory committee shall consist of parents, content 14 creators, app developers, and representatives of public interest groups focused on child 15 welfare. 16 (c) The advisory committee shall issue a report by the end of each calendar year to the 17 Department of Law that contains recommendations on how to increase transparency and 18 consistency regarding the age rating of apps offered on app stores available in the state. The 19 department shall make the reports from the committee publicly available. 20 (d) The Department of Law shall review the annual reports issued by the app age 21 rating advisory committee and update regulations adopted by the department as necessary 22 based on the recommendations of the committee. 23 (e) The app age rating advisory committee terminates on December 31, 2027.