Why the Laws are Bad
No one wants kids accessing adult content — or graphic violence, medical misinformation, Nazi forums or other content inappropriate for minors. But requiring ID to access the internet is dangerous for everyone.
Surveillance Risks
Being forced to submit to a facial scan, upload your ID, or submit sensitive information to a third-party to check with your employer, bank or government database about your visit to an adult site — leaves you open to public exposure, identity theft, monitoring and extortion.
Learn MoreThe Censorship is Intentional
Given the risks, most consumers are unwilling to submit to identity verification — a chilling effect that is as effective as direct government censorship. Sites that do comply see their traffic drop by 80% or more. Proponents of the laws have praised this supposedly unintended consequence.
Learn MoreWe have a right to access the internet anonymously
The ability to access information anonymously is foundational to free speech. The government does not have a right to know what you look at online, any more than it has a right to know what books you read. Full stop.
Learn MoreIt’s not about porn
“Material harmful to minors” — the language used in these laws to police websites — is incredibly broad. We’re already seeing it appear in laws to censor art, literature and health information in schools, public libraries, healthcare and public events.
Learn MoreFAQs About Age Verification
“It’s common sense. We ask for ID in a liquor store, so we should do it online!”
The two are very different. Flashing an ID at a grocery store leaves no data trail. You don’t worry about ID theft, surveillance or exposure and extortion. Flashing an ID is seamless and free, whereas online verification is expensive and difficult to comply with: ID uploads, face scans, background checks. Consumers hate it and most refuse to do it, for good reason.
“These laws protect anonymity. Companies can’t keep your info.”
That’s a nice theory, but has almost no basis in reality. Have you met the internet? Biometrics and identity information is some of the most valuable information online — a honeypot for hackers. Anytime you upload personal information, it can be intercepted. Everything you do leaves a trace. What’s more, most age-verification providers rely on other public and private databases, including government databases, which can keep a record.
Age-verification is a new, for-profit industry with little oversight and we’ve already seen examples of providers and databases being hacked.
“These laws will protect children”
For better or worse, the internet is global. Adult content is readily available on sites outside US jurisdiction, on non-adult sites (and thus outside the purview of these laws) or through the use of a VPN. Because adult content is easy to access on social media sites and thousands of unregulated sites outside of the US, ICMEC, the International Center for Missing and Exploited Children, has suggested these laws may, paradoxically, make the internet more dangerous for children.
“They’ve been effective in other states.”
While some adult sites have pulled out of states where age-verification laws have passed, over concerns about data security and privacy, there’s no evidence that it’s meaningfully more difficult for minors to access adult content, which is widespread on the internet.
When sites have attempted to comply, they’ve seen they’re consumers abandon them in favor of sites outside the United States, or evade restrictions through the use of VPNs. [INFOGRAPHIC]
“The courts have ruled these laws constitutional”
No, they haven’t. District courts in Texas and Indiana have blocked the law, saying it’s clearly unconstitutional. Of course, those decisions have been appealed by the states. For more than 20 years, the Supreme Court has said such laws are a violation of the 1st Amendment. Our Texas challenge will be heard by the court on January 15, 2025.
“But we have to do something!”
And we can. Just because these laws are bad doesn’t mean there are no solutions. Devices on a minor’s phone or laptop block every major adult site — they’re easy to turn on and much harder to get around that state-level legislation. Want to see how it can be done legislatively? The International Centre for Missing and Exploited Children (ICMEC) have drafted model legislation.
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