Strong Age-Appropriate Design Code Bill Introduced in Wisconsin

Wisconsin legislators introduced an Age-Appropriate Design Code today, adding to the momentum in state legislatures across the country to address the privacy and safety harms kids face online. Much like the Vermont Age-Appropriate Design Code that was signed into law last year, this legislation would protect kids’ privacy, enhance their autonomy, and ensure their online safety by prohibiting abusive data and design practices.

Significant provisions of the Wisconsin Age-Appropriate Design Code include:

• Requiring covered businesses to configure minors’ default privacy settings to the highest level of privacy.
• Providing minors with the ability to limit unwanted adult contact.
• Giving minors greater ability to influence the systems that deliver them content by requiring companies to respect their express preferences, not simply using surveillance data.  
• Restricting push notifications unless minors explicitly opt-in.
• Requiring companies to be transparent about how they use minors’ personal data.

Wisconsin’s model wisely avoids pitfalls from competing models that would require parental consent for a child to access social media or that would force all users to undergo age verification as a condition to gaining access to an online platform.

“For too long, tech companies have prioritized profit over kids’ well-being,” said Caitriona Fitzgerald, Deputy Director at EPIC. “The Wisconsin Age-Appropriate Design Code will prohibit abusive practices that extract kids’ data and attention for profit and force tech companies to instead design their platforms to promote kids’ privacy, safety, and autonomy. EPIC is proud to support Rep. Joers’ legislation.”

EPIC regularly advocates for privacy for minors online and platform accountability and governance policies that protect the speech, privacy, anti-discrimination, and safety rights of internet users, including minors. In court, EPIC has filed amicus briefs in cases involving the intersection of privacy, kids’ safety, and First Amendment.