Michigan lawmakers withdrew two bipartisan bills this week after privacy advocates warned the legislation would create a permanent, invasive tracking mechanism for users.
House Bill 4429 and Senate Bill 284, both titled the Digital Age Assurance Act, were pulled by their sponsors following intense scrutiny from the Michigan Fair Elections Institute (MFEI) and other policy groups.
The proposed measures would have required device manufacturers and operating systems to estimate a user’s age during activation and transmit a continuous "digital age signal" to any accessed apps or websites.
Critics argued the bills lacked essential safeguards, such as limits on how data is used, restrictions on combining age signals with other personal identifiers, and mandatory data deletion requirements.
"The infrastructure these bills would have created is a persistent, always-on identity layer baked into the operating system of every device in Michigan, with no accompanying privacy protections," said Patrice Johnson, chair and co-founder of the MFEI.
Johnson noted that the lack of protections could lead to long-term negative effects on the integrity of fair elections.
Model legislation scrutiny
The MFEI also raised concerns that the bills' liability provisions could allow tech platforms to avoid responsibility for underage users if they rely on manufacturer-provided age estimates.
Advocates further suggested the bills were likely based on model legislation from the Digital Childhood Alliance, a national organization promoting similar measures in over 20 states.
"These two bills are legislative siblings—they share the same core architecture and even the same name," said Eric Rasmussen, a University of Michigan privacy advocate who helped lead the effort to halt the bills.
Legislators responded to the findings with varying degrees of openness. Rep. Gina Johnsen, R-Portland, a co-sponsor of the House bill, thanked the institute for flagging the issues.
Sen. Ruth Johnson, R-Holly, questioned whether the legislation could be salvaged through amendments. The House bill was officially withdrawn on April 6, followed shortly by the Senate version.
Bill sponsors Rep. Brad Paquette, R-Niles, and Sen. John Cherry, D-Flint, are now collaborating with advocacy groups to draft replacement legislation.
Policy groups recommend that any new framework include a comprehensive consumer data privacy structure. This would include the right to know what data is collected, the right to delete it, the right to opt out of data sales, and prohibitions on using data for purposes other than its original intent.
