LOS ANGELES—California Gov. Gavin Newsom, a Democrat, signed into law Assembly Bill (AB) 1043 on Monday, implementing an age verification regime that requires users' ages to be verified at the device operating system and/or app store level when setting up a new phone, tablet or computer.
The bill, known as the Digital Age Assurance Act, covers all platforms and major operating systems, including Google's Android and Apple's iOS. Set to enter force on Jan. 1, 2027, it requires the companies that own and operate the operating systems to develop a way to have users enter their ages and confirm them by that year's summer.
This also means that age verification must be confirmed when users wish to download and purchase apps and content from Google Play and the Apple App Store.
According to the bill, the violation of the law could cost companies up to $2,500 per child impacted, and intentional violations could climb to $7,500 per child. Also, the law "shields" companies from liability for so-called "erroneous age signals" as long as they make a good faith effort to comply with the age verification statute.
Erroneous age signals could occur through the use of virtual private networks (VPNs) and other proxy measures designed to circumvent age-gating in the digital space.
Additionally, the law introduces further safety requirements for digital platforms and services, including measures to prevent suicide and self-harm, clear warnings about social media platforms, artificial intelligence-powered chatbots, and stricter penalties for profiting from unlawful deepfakes.
“Emerging technology like chatbots and social media can inspire, educate, and connect—but without real guardrails, technology can also exploit, mislead, and endanger our kids," Gov. Newsom said in a statement published by his office. Newsom added, "We’ve seen some truly horrific and tragic examples of young people harmed by unregulated tech, and we won’t stand by while companies continue without necessary limits and accountability.
"We can continue to lead in AI and technology, but we must do it responsibly—protecting our children every step of the way. Our children’s safety is not for sale."
In addition to requiring operating systems and app stores to enforce age verification to protect minors from harmful or inappropriate online content, the legislation mandates warning labels on social media networks to alert younger users to potential risks of excessive use.
The legislation also strengthens penalties for deepfake pornography, allowing victims of illegal deepfakes to pursue civil damages of up to $250,000 against those who knowingly distribute non-consensual sexual material.
"These bills establish guardrails that protect our children’s health and safety while ensuring innovation moves forward responsibly, showing that we can have both at once, always with future generations in mind," said Jennifer Siebel Newsom, Gov. Newsom's spouse and the First Partner of California.
It is worth noting that adult entertainment industry stakeholders have long touted device-level age verification as a potential compromise to age-gating, which occurs at the platform or website level. The parent company of Pornhub.com, Aylo, endorsed device-level age verification as a privacy-preserving alternative to ID and facial scans.
