New York’s gaming regulators are reconsidering a proposal that could require biometric data, including facial recognition or fingerprints, to create or access online sports betting accounts. More than 240 public comments were posted on the commission’s website, and most of them opposed the idea. Commission staff is now redrafting the language and weighing other ways to curb underage gambling without making lawful access too intrusive for adults.
In March, the commission first floated the idea after Gov. Kathy Hochul directed it to look for more effective ways to stop minors from downloading betting apps, creating accounts or using someone else’s account. In the commission’s March 25 pre-proposal comment memo, titled “Potential Rulemaking for Underage Play Prevention,” staff said no regulation could eliminate a minor’s access completely, but some measures could reduce it.
The draft would require an operator to collect biometric data when an account is created so it can later confirm that the person logging in is the same person who opened it. It would also require biometric identification before a wager is placed in an application session and before any wager is accepted.
The memo says any existing account would have to be closed if the owner failed to provide biometric data within 60 days of the rule’s effective date. It also says the controls would be subject to commission review and approval.
The proposal is not limited to mobile sports books. It would also apply to horse-racing account wagering providers and lottery courier services. The draft separately says gaming operators and lottery courier services would have to adopt age-assurance controls to prevent minors from downloading their applications. The draft also sketches geolocation controls aimed at blocking access from a different device or a location the customer does not customarily use, unless biometric confirmation is provided.
The backlash has been sharp. Executive Director Robert Williams said the commission received over 240 comments, the most it could remember receiving on any proposal or pre-proposal, and the majority objected to facial scans and fingerprints. Several commenters warned that biometric data is permanent, cannot be reset like a password and could create a serious privacy risk if compromised.
Some opponents argued that licensed sportsbooks already verify identity, monitor for fraud and offer responsible-gambling tools, so repeated scans would add burden without adding much protection. Staff now says it is examining whether biometric checks are actually needed to meet the underage-gambling goal and is reviewing alternative approaches that would be less intrusive for adults. Commission staff expects a revised proposal to be ready for review at the commission’s next meeting.
