The following was sent to Texas House Speaker Dustin Burrows:
Dear Speaker Burrows,
My name is Jon Decker and I am a senior fellow at the Parkview Institute, an organization dedicated to supporting economic freedom. I am writing to express my deep concern and opposition to HB 4901, currently pending before the Texas legislature.
While the bill’s intent to protect children is commendable, its practical implementation poses an unresolved security risk to minors. Specifically, by compelling app store owners and software developers to collect and process extensive, sensitive user data for age verification and parental consent, HB 4901 inadvertently creates a substantial vulnerability. Given software developers may lack adequate security controls, the potential for misuse is alarming and will not be supported by Texas parents when made aware of the expanded web of data collection (and disclosure) their children would face. The handling of this data, even with protections, poses an unacceptable privacy risk and high potential for civil liberties violations, as it could facilitate increased surveillance of children’s online activities.
Furthermore, the inherent challenges of enforcing age verification requirements —without a centralized database for app stores to confirm minors’ ages — risk fostering an Orwellian national ID system.
Given there is no national database currently, HB 4901 will put app store owners in an untenable position. Its private right of action amounts to a giveaway for trial lawyers, as app store owners will face lawsuits any time they fail to prevent a minor from accessing inappropriate content, even with the best of intentions.
HB 4901 will also spawn free speech lawsuits if app store owners inadvertently block access to legal, First Amendment-protected content, including age-appropriate educational apps or services. This bill is a disaster for America’s tech sector because it burns its candle at both ends. The private right of action ensures app store owners will be sued if they screen too little, and sued if they screen too much.
In essence, HB 4901 shifts parental responsibility to the government, undermines fundamental liberties and incurs substantial economic costs.
I appreciate your time and consideration of my opposition to HB 4901, and I hope you will oppose it as well. Please do not hesitate to contact me with any questions.
Sincerely,
Jon Decker
Senior Fellow
Parkview Institute
