Vermont Senate Passes Age-Appropriate Design Code

Yesterday the Vermont Senate passed Senate Bill 69, the Vermont Age-Appropriate Design Code (Vermont AADC), on a bipartisan 25-5 vote. Last month EPIC testified in support of the bill and submitted additional written testimony. The Vermont AADC, if passed into law, would protect kids’ privacy, enhance their autonomy, and bolster their online safety by prohibiting abusive data and design practices.

The Vermont AADC requires covered businesses to configure minors’ default privacy settings to the highest level of privacy, to allow minors to limit unwanted adult contact, and to either turn off by default, or avoid using certain abusive and manipulative web design practices such as dark patterns. The Vermont AADC would also require transparency around automated recommendation features and service features that use personal data of covered minors.

The Vermont AADC bill now moves to the Vermont House of Representatives. Although the Vermont Senate and House of Representatives passed a similar bill last year, it was vetoed by Governor Phil Scott.  

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. EPIC also filed extensive comments about age assurance best practices in the New York Attorney General’s rulemaking to implement the NY SAFE for Kids Act.