The proposed bill aims to enhance parental control over software application downloads for children under the age of 16 in West Virginia. It introduces a new article to the Code of West Virginia, which includes definitions of key terms such as "application," "child," "covered manufacturer," and "developer." Starting January 1, 2026, covered manufacturers are required to implement measures to determine the age of a device's primary user and obtain parental consent before allowing children to download applications. Additionally, developers must provide features that help parents manage their children's app usage, including content restrictions and time limits.
The bill also addresses anticompetitive conduct by application stores, mandating that they treat their own applications and those of third parties equally. Enforcement provisions are included, allowing the Attorney General to initiate actions against violators after providing written notice of alleged violations. The bill specifies penalties for non-compliance, with damages of up to $2,500 per violation, capped at $50,000. However, it also provides certain defenses for developers and manufacturers who take reasonable steps to comply with the new requirements. Overall, the legislation seeks to empower parents in safeguarding their children's online experiences.
Statutes affected: Introduced Version: 47-29-1, 47-29-2, 47-29-3, 47-29-4