Following criticism, lawmakers have narrowed the GUARD Act, a bill aimed at restricting minors’ access to certain AI systems. The earlier version could have applied broadly to nearly every AI-powered chatbot or search tool. The amended bill focuses more narrowly on so-called “AI companions”—conversational systems designed to simulate emotional or interpersonal interactions with users. 

That change does address some of the broadest concerns raised about the original proposal, though some questions about the bill’s reach remain. Bottom line: the revised bill still creates serious problems for privacy, online speech, and parental choice.

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The new GUARD Act still requires companies offering AI companions to implement burdensome age-verification systems tied to users’ real-world identities. Even parents who specifically want their teenagers to use these systems would still face significant hurdles. A family might decide that a conversational AI tool helps an isolated teenager practice social interaction, or engage in harmless creative roleplay. A parent deployed in the military might set up a persistent AI storyteller for a younger child. Under the revised bill, those users could still face mandatory age checks tied to sensitive personal or financial information before they or their children can use these services.

The revised bill also leaves important definitions unclear while sharply increasing penalties for developers and companies that get those judgments wrong. Congress narrowed the GUARD Act. But it is still trying to solve a complicated social problem with vague legal standards, heavy liability, and privacy-invasive verification systems.

The revised GUARD Act still requires companies offering AI companions to verify that users are adults through a “reasonable age verification” system. The bill allows a broader set of verification methods than the earlier version, but they are still tied to a user’s real-world identity—such as financial records, or age-verified accounts for a mobile operating system or app store. 

That approach still raises serious privacy and access concerns. Millions of Americans do not have current government ID, accounts at major banks, or stable access to the kinds of digital identity systems the bill contemplates. Even for those who do, requiring identity-linked verification to access online speech tools creates real risks for privacy, anonymity, and data security. Many people are rightly creeped out by age-verification systems, and may simply forgo using these services rather than compromise their privacy and security.

The revised definition of “AI companion” is also narrower than before, but it’s unclear at the margins. The bill now focuses on systems that “engage in interactions involving emotional disclosures” from the user, or present a “persistent identity, persona or character.” 

EFF appreciates that the authors recognized that the prior definition could reach a variety of AI systems that are not chatbots, including internet search engines. But the narrowed definition could be read to also apply to a variety of chat tools that are not AI companions. For example, many modern online conversational systems increasingly recognize and respond to users’ emotions. Customer service systems, including completely human-powered ones that existed long before AI chatbots, have long been designed to recognize frustration and respond empathetically. As conversational AI becomes more emotionally responsive, a customer service chatbot’s efforts to empathize may sweep it within the bill’s definition. 

The revised bill also sharply increases penalties. Instead of $100,000 per violation, companies—including small developers—can face fines of up to $250,000 per violation, enforced by both federal and state officials.

That kind of liability creates incentives to over-restrict access, especially for minors. Smaller developers, in particular, may decide it is safer to block younger users entirely, disable conversational features, or avoid developing certain tools at all, rather than risk severe penalties under vague standards.

The concerns driving this bill are real. Some AI systems have engaged in troubling interactions with vulnerable users, including minors. But the right answer to that is targeted enforcement against bad actors, and privacy laws that protect us all. The revised GUARD Act instead responds with a privacy-invasive system that burdens the right to speak, read, and interact online.

Congress did improve this bill, but EFF’s core speech, privacy, and security issues remain.

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Tell Congress: oppose the guard act

EFF friend Guy Kawasaki* has written a book: Everybody Has Something to Hide: Why and How to Use Signal to Preserve Your Privacy, Security, and Well-Being. This guide is now available in Spanish and English as an ebook in the EPUB format that you can download here. Take a look and consider sharing it with anyone who you know who uses (or should use) Signal. 

And don't forget: EFF has two short guides on using Signal on our Surveillance Self-Defense site. An intro How to Use Signal guide, and a guide on Managing Signal Groups. 

Everybody Has Something to Hide: Why and How to Use Signal to Preserve Your Privacy, Security, and Well-Being courtesy of Guy Kawasaki. 

*Guy Kawasaki is an EFF donor.

Last week, we released apkeep version 1.0.0, the latest edition of our command-line Android package downloading software. Rather than indicating major changes for the project, this milestone instead signifies arriving at a relatively stable and mature place after gradual iteration on the project over the course of over four years.

What’s New in 1.0.0

We do have a few fresh features we’ve packed into this latest release, though—all focused on the Google Play Store: 

• You can now download a dex metadata file associated with an app containing a Cloud Profile, which provides information on app performance based on real usage. 
• You can now provide a token generated by the Aurora Store’s dispenser to log in anonymously for app downloads. 
• Users can specify their own device profiles when downloading apps from Google Play, which the store uses to deliver the app variant which works for your particular device specifications. 
• We’ve also fixed an authentication bug introduced by the Play Store API.

In addition to the various Linux, Windows, and Android environments we support, we’re also happy to announce that since the last release in October we’ve been included in Homebrew for macOS users!

How Researchers Use apkeep to Understand the Android App Landscape

Researchers and users contributed most of the features of this release, including downloading dex metadata containing Google’s Cloud Profiles. This feature helps them use the tool in their own research of highlighting how these Android compilation profiles can be a vital source of information for evaluating dynamic testing. Numerous other projects have cited apkeep usage in their own workflows. For example, Exodus Privacy uses it to power the εxodus tool’s downloads when they monitor the privacy properties of apps. Various research teams have noted their own use of the tool in whitepapers, including one team who used the tool to download 21,154 apps in a widespread study of Android evasive malware. We are proud to provide a reliable tool in the toolbox they use to power their work.

What’s in Store for apkeep?

Our goals with apkeep have remained constant: provide a reliable, fast, and safe way to download apps from multiple app providers, not just the Google Play Store. While we’ve focused on it as the major Android app provider of choice across much of the world, we’ve expanded support to other stores as well, such as F-Droid for downloading open source apps. We’d like to continue broadening apkeep’s list of supported providers, to make it easy to do comparative analysis of apps provided in different contexts. For this, we’d love your contributions.

How You Can Help

If you’re using apkeep as part of your own toolbox (whether using it to do malware analysis, auditing apps, or simply using it as an app archiving tool), let us know! And if you like what we do, please consider donating to EFF to support our work.

We'd all like the internet to be a better place—for kids and adults alike. But in the name of online safety, governments around the world are racing to impose a dangerous new system of control. Are age gates the silver bullet to the internet's problems they're being promoted as? Or are we being sold a bill of goods? We're answering this question and more in our latest EFFector newsletter.

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For over 35 years, EFFector has been your guide to understanding the intersection of technology, civil liberties, and the law. This latest issue covers an attack on VPNs in Utah, a livestream on how to disenshittify the internet, and California's proposed social media ban that could set a dangerous new precedent for online censorship.

Prefer to listen in? EFFector is now available on all major podcast platforms. This time, we're having a conversation with EFF Legislative Analyst Molly Buckley on why social media bans can't sidestep the U.S. constitution. You can find the episode and subscribe on your podcast platform of choice:

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