“BUT HOW DO I RESPOND TO QUESTIONS ABOUT AGE VERIFICATION?”
A guide for people arguing online, talking with friends or confronted by relatives, written by people who have to talk about it every day.
“Why do you want kids to access adult content?”
We don’t. But these laws also make it so difficult for adults to access these sites that it ends up becoming de facto censorship.
Ineffective, Unconstitutional and Dangerous: The Problem with Age-Verification Mandates (FSC)
“But at least it stops kids from accessing porn!”
Actually, it doesn’t. They can still see it on Twitter, Reddit, 4chan, Discord and hundreds of thousands of sites that aren’t based in the US but are easily accessible because … the internet.
Many Pornography Sites Aren't Complying with Age-Verification Law (Virginia Mercury)
“Well, it’ll keep kids from accidentally stumbling across it.”
Actually, because the laws effectively exclude social media sites like Twitter, Reddit, 4chan, Snapchat, Discord — places where kids are most likely to see adult content — it paradoxically encourages the growth of porn on those networks, meaning kids may be more likely to see it.
X Tweaks Rules to Formally Allow Adult Content (Tech Crunch)
13% of Twitter is Not Safe for Work (Business Insider)
Reddit’s CEO says company will continue hosting porn (Business Insider)
“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 or a hack or someone blackmailing you. Flashing an ID is seamless and free, whereas online verification is expensive and difficult to comply with: ID uploads, face scans, background checks. If it were as easy as flashing an ID, sites would likely be happy to adopt.
Accessing Porn In Utah is Now a Complicated Process That Requires a Picture of Your Face (VICE)
FACT CHECK: Online Age-verification is Not the Same as Flashing Your ID at a Liquor Store (Woodhull Freedom Foundation)
“But these laws protect anonymity. Companies can’t keep your info.”
That’s a nice theory, but has almost no basis in reality. Have you even 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. Age-verification is new technology with little oversight. We’ve already seen examples of providers and databases being hacked.
FBI Warns of Uptick in Sextortion Blackmail Attempts by Scammers (CBS)
Every Louisiana Driver’s License Exposed in Colossal Cyber Attack (The Guardian)
ID Verification Service for TikTok, Uber, X Exposed Driver Licenses (404 Media)
“We don’t let kids into R-rated movies.”
Flashing your ID is much simpler and less complicated than uploading it online. But it’s not even relevant: when was the last time you uploaded your ID and scanned your face to watch Netflix? What would it be like if you had to share that data every time you logged on to the internet?
“Everyone agrees on this. The legislation is bipartisan.”
While those on the left have sometimes voted for legislation, these bills have been mostly pushed by conservative legislators and anti-LGBTQ+ religious groups. In reality, age-verification is widely opposed by civil liberties organizations like the ACLU. In nearly half the states where a bill has been introduced, the law has been defeated over concerns about privacy, censorship and internet freedom.
Age-Verification Wins and Losses (Free Speech Coalition)
Arizona Will Not Require Age-Verification for Porn Sites After Governor Vetoes GOP Bill (AZ Republic)
“But these laws aren’t about banning porn — just about keeping it from kids”
Unfortunately, many of the legislators and groups behind these bills have said the exact opposite. Some have been quite public about wanting to ban porn entirely and see this as the first step. Others have celebrated when adult companies block their state, and even adults lose access. Still others call for the government to seize domains.
A simple law does the unthinkable: it sends the porn industry in retreat (Deseret News)
Age-Verification is a Good First Step (Iowa Standard)
“This only affects hardcore pornography sites.”
Not true. The language in these bills — “material harmful to minors”— is incredibly broad. It often includes the ability to censor text, drawings, books, art and educational materials. Across the country, we’re seeing legislators use similar laws to pull books, especially those that deal with LGBTQ+, sex ed and race, from public libraries.
Why we’re suing Utah (O.school)
Kansas Bill Requires ID to View ‘Material Harmful to Minors’ Online, Including ‘Acts of Homosexuality’ (The Advocate)
“Harmful to Minors”: Tennessee Passes Controversial Drag Show Bill (USA Today)
“The only people objecting to this is the porn industry.”
Actually, there’s a long list of organizations across the political spectrum who have opposed these policies at the state and national level, including ACLU, EFF (Electronic Frontier Foundation, FIRE, Center for Democracy and Technology, the Woodhull Foundation, Cato Institute and dozens of LGBTQ+ and reproductive rights groups. They know the incredible danger of allowing the government to use kids to restrict access to the internet for adults.
Age Verification Would Undermine Anonymity Online (Electronic Frontier Foundation)
What’s at Stake: FSC v Paxton (ACLU)
“These laws will protect children”
Unfortunately, they do just the opposite — because the same content is just easy to access on social media sites and unregulated non-US sites, it just drives them to more dangerous places where predators lurk. ICMEC, the International Center for Missing and Exploited Children, has come out against these bills for that reason.
Statement on Age Verification (ICMEC)
“Porn sites *want* minors on their sites”
Actually, it’s the opposite. Aside from the moral and ethical issues — we have families too! — it’s a financial drain to have non-consumers of any age on adult sites. If adult sites could easily block minors and not simultaneously block large numbers of legal adults, we would do it in a heartbeat.
“Porn companies are pulling out of states with age-verification because kids are part of their business model.”
Not even close. Minors are not consumers, and since most adult sites *pay* for traffic, minor visitors actually cost them money. Instead, adult companies have pulled out of states with age-verification law for a variety of reasons: it exposes their users to surveillance and blackmail, the cost of verification millions of people every day can outweigh revenue, and even if you do comply, there’s no guarantee of protection from liability if a kid gets around age-verification protocol. Legislators designed these laws to force adult businesses to leave, and it’s been working.
“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 — that it makes it so difficult to access sites that it effectively becomes government censorship. Yes, the 5th Circuit Appeals Court overturned part of the Texas decision, but the decision is an anomaly. For more than 20 years, the Supreme Court has said such laws are a violation of the 1st Amendment, which is why the Supreme Court will be hearing the case again.
“Porn isn’t speech!”
Actually … it is. Just as are movies, art, music, silent protests and lots of other things that people don’t think of as “speech.” Whether you like it or not, porn conveys ideas — about our sexuality, about desire, about what is acceptable or taboo. In fact, people’s desire to censor it is one of the reasons it needs to be protected.
“Porn isn’t protected by the 1st Amendment”
Actually, fifty years of Supreme Court decisions say it is.
Pornography is protected by the 1st Amendment (Reason)
“But obscenity is not protected by the 1st Amendment”
“Obscenity” and “pornography” are not the same. Legally speaking, “obscenity” is a very, very, VERY narrow category of content not protected by the 1st Amendment, the type of stuff that wouldn’t be allowed on a legal adult site in the first place.
“So you just think kids should have access to porn with no limits?”
No, of course not. But we don’t have to close down the internet to protect kids. Parental filters are far more effective at keeping minors from accessing adult sites than these bills, and have none of the downsides. Probably every adult site you can think of registers with these filters and is blocked when they’re turned on.
“Studies show the filters don’t work.”
That’s actually not the case. Nothing is perfect, and some teens will always find a way around, but filters — on a child’s phone or home internet — can dramatically cut down on the amount of adult content a child is exposed to by blocking access to adult sites. Either way, they’re much. much more effective than these laws.
“Parents can’t be expected to pay for filters!”
They don’t have to. Filters come free on nearly every device and are easy to use. You can also turn it on on your home internet. Schools, businesses, airlines and public wifi often have it turned on as a default.
“Parents can’t be expected to monitor their kids' devices.”
While it would be good if they did, the good news is that they don’t have to. A filter on a kid’s iPhone can be turned on in less than 30 seconds — and it stays on unless a parent turns it off. Most kids aren’t buying their own devices, after all.