The Federal Trade Commission (FTC) has unanimously voted to reject a proposed biometric technology designed for age verification online. The technology, developed by a consortium including the Entertainment Software Rating Board, digital identity verification company Yoki, and SuperAwesome—a firm specializing in tech compliance for parental verification—sought to introduce a “Privacy-Protective Facial Age Estimation” system. This system would use the geometry of a user’s face to ascertain if they were of age to access certain online content.

The ruling, made last Friday by a 4-0 vote, follows an application submitted in June 2023 by the aforementioned companies, sparking a period of public commentary that ultimately influenced the FTC’s decision. The commission reviewed 354 comments, with many raising concerns about the potential for data collection and storage to be misused, including fears surrounding the creation of deepfake content and other privacy infringements.

In a statement highlighting the decision’s rationale, the FTC noted that while Yoti’s facial analytics model is currently under review by the National Institute of Standards and Technology (NIST), the commission chose not to postpone its decision until the results of this evaluation were made available. Citing insufficient information to suggest a 90-day delay would be adequate, the FTC chose to decline the application, though it did not preclude the possibility of future submissions.

The decision has been met with applause from advocacy groups who have long voiced concerns about the implications of biometric technologies, particularly facial recognition. Fight for the Future, a prominent digital rights organization, lauded the FTC’s decision as a significant victory for privacy rights. Lia Holland, the group’s Campaigns and Communications Director, expressed relief, stating that such technologies have historically disadvantaged those who are not “affluent, white, and male” and warned of the broader implications of allowing tech corporations unfettered access to personal biometric data.

In contrast, the Entertainment Software Rating Board expressed its disappointment with the FTC’s stance. Asserting hope for the future compliance of their facial age estimation technology with the Children’s Online Privacy Protection Rule (COPPA), the ESRB underscored its commitment to pursuing innovative technologies that safely and responsibly meet the needs of online verification processes.

This decision by the FTC sets a precedent in the ongoing debate over the role of biometric technologies in everyday life. It underscores the commission’s commitment to safeguarding individual privacy and highlights the complex balance between technological innovation and the protection of civil liberties in the digital age. As this dialogue continues, the FTC’s ruling serves as a critical reminder of the importance of public oversight and regulatory scrutiny in shaping the future of digital identity verification.

However, as the federal government pushes back in the name of privacy, state after state continues to pass age verification laws that require websites to use this type of technology.