• by Wendy Davis , 2 hours ago

Utah officials said in court papers filed Tuesday that the state attorney general lacks authority to enforce a law that requires app distributors like Google and Apple to verify users' ages and then block minors under 18 from downloading apps without parental permission.

The tech industry group Computer & Communications Industry Association, which had sued over the statute, on Tuesday withdrew its complaint in light of Utah officials' representation.

The tech organization's president and CEO Matt Schruers said Wednesday through a spokesperson: "With the state's confirmation that it will not and cannot enforce this statute, the association's complaint has achieved its objective."

The group claimed in its suit that App Store Accountability Act, which was passed last year, violates developers' First Amendment rights to distribute lawful speech.

"Our Constitution forbids laws that require businesses to 'card' people before they can enter bookstores and community theaters," the group wrote in the suit, filed in federal court in Utah. "And the First Amendment prohibits such oppressive laws as much in cyberspace as it does in the physical world."

Last month, state lawmakers amended the statute in several ways, including by providing that only minors or their parents -- as opposed to state officials -- could sue over violations of some provisions. The original statute provided that certain violations would be considered deceptive trade practices, but that line was struck in the amended version.

Utah's attorney general said in Tuesday's filing that state officials "do not have the authority, and will not seek, to enforce the Act directly or as an asserted basis for liability under any other statute or authority."

The revised statute is slated to take effect in May 2027.

When the law was amended, the Computer & Communications Industry Association said it still planned to move forward with its lawsuit.

"Because aspects of the amended statute still present First Amendment concerns, we will continue to challenge efforts to enforce this unconstitutional law," Schruers stated at the time.

Other states including Texas and Louisiana have also passed laws requiring app distributors to verify users' ages and block minors from downloading apps without parental permission.

The Computer & Communications Industry Association and the group Students Engaged in Advancing Texas sued over the Texas measure and late last year obtained an injunction blocking enforcement.

U.S. District Court Judge Robert Pitman in Austin ruled that the Texas statute may have "some compelling applications," but is too broad to be constitutional.

For instance, he wrote, "nothing suggests Texas’s interest in preventing minors from accessing a wide variety of apps that foster protected speech (such as the Associated Press, the Wall Street Journal, Substack, or Sports Illustrated) is compelling."

Texas has appealed the ruling to the 5th Circuit Court of Appeals.