Jay Obernolte on Balancing Big Tech Regulations for Children

Age Verification Challenges

• 💡 Age verification is central to protecting minors online, but current legislative proposals present significant implementational problems.
• ⚠️ Forcing every app developer to collect and store age verification data 100 times creates attractive targets for cybercriminals.
• 🚀 A more efficient and safer approach is to handle age verification at the operating system level (e.g., by Apple or Google).
• ✅ Developers should be able to rely on the age signal provided by the operating system, especially for adult-only applications.

Defining 'Duty of Care'

• 🎯 The concept of 'duty of care' for app developers needs clear definition within legislation, rather than leaving it to future court interpretations.
• ❓ Legislators must specify requirements, such as reasonable timeframes for action (e.g., taking down a reported bullying post), to avoid ambiguity.

Concerns with Private Right of Action

• ⚠️ Implementing a private right of action for enforcing tech regulations can lead to abusive lawsuits, particularly against small businesses.
• ⚖️ Examples from California's Private Attorney General Act demonstrate how such provisions can be exploited by law firms and drive businesses out of operation.

The Importance of Preemption

• ⚖️ To strike a balance between permissiveness and protection, federal legislation should preempt varying state-level regulations.
• 🚧 Allowing 50 different state standards creates barriers to entry that favor large businesses over smaller startups.
• 🔑 Achieving a consistent national standard is crucial for fostering innovation and compliance.