The Federal Trade Commission (FTC) has rejected a proposed plan to use facial age estimation technology to verify the ages of gamers.
The FTC voted 4-0 against the proposal submitted by the Entertainment Software Ratings Board (ESRB) in 2023. The commission announced its decision in a press on March 29, following a review of over 350 public comments, which highlighted concerns
If the application had been approved, the FTC would have included the technology — co-developed by the Entertainment Software Ratings Board and digital identity verification firms SuperAwesome and Yoti — to the approved methods for obtaining parental consent for collecting information from minors under the Children’s Online Privacy Protection Act (COPPA).
Concerns Over ‘Facial Age Estimation’ Technology
The ESRB’s “Privacy-Protective Facial Age Estimation” technology requires users to take and upload a photo of themselves, which will be uploaded to Yoti’s backend server for the system to estimate the user’s age. The technology “analyzes the geometry of a user’s face to confirm they are an adult,” the FTC said.
In a letter, the FTC said many commenters voiced concerns about privacy and the accuracy of the age estimation process. Skeptics questioned whether the technology can reliably differentiate between adults and children. According to the FTC, there are also concerns about deepfakes.
Those in support of the application wrote that the technology had “sufficient privacy guardrails” and uses verification methods similar to those approved previously, the FTC’s letter said.
ESRB Dispels Fears Over Facial Recognition
The ESRB, responsible for assigning age and content ratings to video games in the U.S., came under fire in 2023 following reports that the organization is working on a facial recognition tool to verify users’ ages. The ESRB had reassured the public that the technology was not meant to identify users but to estimate their age.
Yoti sent its “facial age estimation model” to the National Institute of Standards and Technology (NIST) in September 2023. On March 22, the ESRB requested a 90-day postponement on any decision regarding the matter, hoping for the NIST report to arrive during that time.
But, with no sign of the report within that timeframe, the FTC ultimately opted to scrap the whole plan.
In a press release, the FTC noted that its decision was made without prejudice to the ESRB filing its proposal in the future, when “additional information will be available to assist the Commission and the public in better understanding age verification technologies and the application.”
How to Use Face Recognition Technology Safely
Here are some key safety tips for using face recognition technology:
- Optimize the settings of any facial recognition tool to protect your privacy. Review and understand the data privacy policies of the platforms or services using this technology to ensure you fully understand how your data will be used, stored, and protected.
- Choose reputable and trusted platforms or service providers that prioritize data security and adhere to industry best practices for protecting personal information. Regularly monitor your accounts for any unusual activity that may indicate a security breach.
- Consider using alternative methods for age verification or identity authentication that do not rely solely on facial recognition technology. Explore options such as two-factor authentication or biometric alternatives that offer a balance between security and privacy.
Read our guide to facial recognition and privacy for more useful tips.
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