As in many countries around the world, several US states are trying to tighten age restrictions for accessing adult sites. But if the approach is considered laudable by many, not everyone agrees on the means to achieve it, and it is the turn of the courts to give their verdict.
Pornhub, xHamster, Xnxx and YouPorn might have to ask for your ID before opening their doors to you. A real headache from the point of view of confidentiality, but not only, according to a Texan judge.
A threat to freedom of expression?
Like many before it this year, Texas is seeking to pass legislation to limit minors’ access to porn sites. Designated HB 1181, the project was not to the liking of companies in the sector, which took legal action against it. Grouped within the Free Speech Coalition, they defend themselves by arguing that the text, as currently drafted, infringes certain rights. More so, it would violate the First Amendment of the United States which guarantees, among other things, freedom of expression.
This judgment is shared by Judge David Alan Ezra, who wrote in his court decision: “ The Court recognizes that the state has a legitimate objective to protect children from sexually explicit content online. ” He adds : ” But that goal, crucial as it is, does not absolve the Court from ensuring that laws enacted for that purpose conform to established First Amendment doctrine. »
For the Free Speech Coalition, this is a great victory against a law which, according to it, is not designed ” to protect young people, but to prevent Texans from enjoying expression protected by the First Amendment “. Alison Boden, director of the association, added: The state’s defense of the law was not based on science or technology, but on ideology and politics. »
Age verification and privacy
But beyond the issue of free speech and porn sites, where opinion may vary from individual to individual, the industry actually faces a whole other problem. Indeed, most of the bills aiming to strengthen the control at the entrance to their platforms require the verification of the identity of visitors. Most legislators are unclear about which approach to take, but many agree that it can quickly lead to privacy breaches. This also worries users, who would be ready to abandon porn sites en masse if control tools were put in place.
Despite this, Pornhub tried the experiment in Louisiana earlier this year, when a bill similar to HB 1181 was passed. The site used LA Wallet, a driver’s license application state-controlled digital. But faced with declining attendance, Pornhub decided to leave the state altogether. The stakes are high, because under the law, the Attorney General can prosecute websites once it is established that a minor has accessed sexual material, with a fine of up to at $250,000.
Now that this victory has been won in Texas, we can expect that other similar battles, with similar means of defense, will be fought throughout the United States, but also in the rest of the world. At least, until we agree on the use of a tool that would effectively verify the age of users without compromising their privacy. And it is obviously not won.
Source : TechCrunch
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