The smartphone is the new white van, threatening kids with unsupervised access to strangers and dangerous, explicit content.
We warn our children about strangers offering candy or rides. We teach them about “stranger danger” and boundaries. Yet every day, we hand kids powerful devices that open the door to millions of apps, anonymous chatrooms, and predatory actors.
That’s why our state legislature said enough and passed the Texas App Store Accountability Act (SB 2420) with overwhelming, bipartisan support to empower Texas parents and protect kids online.
However, Federal Judge Robert Pitman recently issued a preliminary injunction just days before the App Store Accountability Act was set to take effect. This lawsuit, filed by Apple and Google through their trade association CCIA, is a de facto delay tactic to avoid having to comply with Texas law. The preliminary injunction has been appealed and now heads to the Fifth Circuit, where many legal experts believe it will be reversed. Meanwhile, Texas parents are in limbo, and our children remain vulnerable without the critical protections the App Store Accountability Act provides.
The core of the App Store Accountability Act is simple. Kids cannot legally consent, and it is unconscionable for app stores to ask them to do so. By prompting children to tap “I agree” and gain access to apps that collect data, app stores don’t just expose kids to predators and explicit content – they violate basic principles of contract law. Alarmingly, parents are given little-to-no insight into what their children are encountering online, and too often tragedy can strike while parents are in the dark.
The App Store Accountability Act closes this gap by requiring app stores to obtain verifiable parental consent before minors download apps or make in-app purchases and ensures age ratings actually reflect what kids experience inside those apps.
While Judge Pitman compared this legislation to requiring every bookstore to card customers at the door, his analogy misses the reality of the internet. Bookstores don’t track children’s behavior, push algorithmic content, or allow strangers to contact them instantly. Books don’t shout at kids, pressure them, or manipulate them into sharing personal information. Apps available through app stores do all of this.
Texas already understands age verification and consent. A 15-year-old cannot buy a pornographic magazine without an ID. Individuals cannot purchase alcohol without proof of age. These laws are longstanding and uncontroversial. Why are minors barred from making purchases at roadside shops, yet given unrestricted access to extreme violence, sexual content, and anonymous chatrooms online?
As a parent, teacher, and counselor, I have seen real-life proof that app store age verification and parental consent are urgently needed. Our team found multiple apps rated “12 and up” that function as open chat platforms. On one app, a minor left a review warning that it was “full of pedophiles” and worsened their anxiety. Another app marketed to youth had reviews describing adults infiltrating the platform to contact children. These aren’t hypotheticals; they’re warnings from kids themselves.
App stores collect birthdays and manage privacy settings; they should be held responsible for using those tools to put parents in control – before an app is installed. Applying the App Store Accountability Act at the app store level is the most common-sense way to protect children online.
While I am confident the Fifth Circuit will allow Texas’ law to go into effect, Congress shouldn’t wait because children in every state deserve these same protections. The federal App Store Accountability Act just passed the House Energy and Commerce Committee, and I urge our full Texas delegation to uphold our Texan values and put parents and children first. They should support H.R. 3149, without a blanket preemption, ensuring state laws can continue to protect and support families.