A groundbreaking technology that gauges a person’s age through facial geometry is poised to revolutionize age verification on the internet. Submitted for approval to the US government, this approach could potentially change the way we ensure online safety and compliance with regulations. The proposal aims to introduce facial scanning for automated age verification, with a unique twist: verifying the age of parents themselves rather than their children.

Currently, American privacy laws, particularly the Children’s Online Privacy Protection Act (COPPA), provide substantial protection for individuals under 13. However, the entertainment industry seeks an exception to these strict rules, advocating for the use of facial scanning as an age verification tool for parents.

The US Federal Trade Commission is carefully considering an application [PDF] from three organizations: the Entertainment Software Rating Board (ESRB), a digital identity firm Yoti (known for its facial age estimation technology), and SuperAwesome (an advertiser partner focusing on online targeting of children). Their joint request seeks FTC approval for the utilization of Yoti’s age-estimating tool within the stringent boundaries set by COPPA.

COPPA obligates websites and apps to secure parental permission before collecting or using personal information from children under 13. Various methods exist to obtain parental consent, and parties interested in proposing new consent procedures can approach the FTC for review.

This is where the age-guessing technology comes into play. Yoti employs a sophisticated blend of AI technology, liveness anti-spoofing, and document authenticity checks to determine a user’s age accurately.

Let’s delve into how the Yoti tech enables parental consent under COPPA:

1. When a child visits a website, they encounter an age gate, prompting them to provide their parent’s email. The operator then sends a notification to the parent, urging them to verify their adult status for their child to proceed. Additionally, the parent can opt for facial-age scanning as a verification method.
2. Assuming the child does not misrepresent their age, or the website/app possesses methods to identify minors, such as requesting identification, the process proceeds seamlessly.
3. If the parent consents to the facial scan, the system captures a selfie, and the software delivers an age estimate.
4. If the age estimation confirms the parent as an adult, the child gains access to the website. If not, two possible scenarios unfold.
5. In cases of uncertainty about the individual’s adult status, alternative verification methods such as credit cards, driver’s licenses, or social security numbers can be chosen.
6. If the method categorically identifies the individual as a non-adult, access is denied. Naturally, we assume that the adult is genuinely the parent or legal guardian of the child.

According to the application, Yoti and SuperAwesome have successfully implemented the “Privacy-Protective Facial Age Estimation” technology outside the US since 2022, performing over 4.8 million age estimates with an astounding 99.97 percent accuracy rate. Now, they seek to bring this innovation to the US.

The “Privacy-Protective” label is not just a marketing tactic. The technology alleviates privacy concerns since it abstains from collecting, processing, or storing identity or payment card data. The facial image is translated into numerical data and compared to patterns in the training dataset associated with known ages, leaving no trace of the live scans.

Concerning privacy, an ESRB spokesperson reassured, “The live scans used for this process are never stored, used for AI training, used for marketing, or even sent to the operator; the only piece of information that is communicated to the operator is a ‘Yes’ or ‘No’ determination as to whether the person is over the age of 25.”

SuperAwesome’s Kids Web Services offers this tech as a verification method to developers outside the US, with Epic Games being one of its prominent customers. Despite being a relevant example, Epic Games did face a hefty fine of $520 million for COPPA violations, making it a potentially controversial highlight in the application.