ESRB Seeks FTC Approval for ‘Privacy-Protective Facial Age Estimation’ Program

Key insights

5 takeaways

01
The Entertainment Software Ratings Board (ESRB) has applied to the Federal Trade Commission (FTC) for approval of a new 'Privacy-Protective Facial Age Estimation' method to verify parental consent under COPPA regulations.
02
The proposed system, developed in partnership with Yoti and SuperAwesome, uses facial scanning to estimate a user's age without storing personal identity information, as the image is deleted immediately after the estimation is complete.
03
If the system cannot confirm an adult's age, users are prompted to use alternative verification methods, such as providing a payment card, driver’s license, or Social Security number.
04
The FTC opened a public comment period regarding the ESRB's application on July 19, 2023, with a deadline for submissions set for August 21, 2023.
05
This initiative aims to streamline compliance for game publishers and developers by providing a standardized, privacy-focused tool for obtaining verifiable parental consent (VPC) for minors.

Summary

The Entertainment Software Ratings Board (ESRB) has submitted an application to the Federal Trade Commission (FTC) seeking approval for a new "Privacy-Protective Facial Age Estimation" program. Designed to facilitate compliance with the Children’s Online Privacy Protection Act (COPPA), the initiative aims to provide a streamlined method for verifying parental consent without the collection or retention of personal identification data. The program is being developed in collaboration with software firm Yoti and SuperAwesome, a parental consent management company owned by Epic Games.

The proposed verification process involves a multi-step workflow where a parent or guardian provides consent to access their device camera to perform a liveness test and a facial scan. The system estimates the user's age and immediately deletes the image, providing only a confirmation of whether the individual meets the required age threshold. If the system cannot verify the user as an adult or if the user is estimated to be under the threshold, the process redirects the individual to alternative verification methods, such as providing a payment card, driver’s license, or social security number.

This regulatory filing, submitted in June 2023, targets game publishers and developers operating within the United States and Canada. The FTC initiated a public comment period regarding the proposal, which concluded in August 2023, to evaluate the efficacy and privacy implications of the technology. By introducing this automated estimation tool, the ESRB seeks to modernize the age-gating process, offering an alternative to traditional, more intrusive verification methods while maintaining strict adherence to federal privacy standards for minors.