Across the U.S., several states have introduced new porn ID laws. In essence, these laws require that pornography websites perform “reasonable” age verification, which, although vague, may require these sites to check IDs online similar to how it’s done in brick-and-mortar stores.
Many websites are scrambling to stay compliant or have stopped service in affected states.
In Virginia, for example, adult site Pornhub is blocked for non-verified users, and in Louisiana, website traffic has dropped by 80% to sites adhering to the new laws.
Now, a handful of states have laws on the books, and it is likely similar laws will follow (with several more states, Germany, France and Australia all exploring porn ID resolutions). Porn companies are left to navigate the legal requirements and most have many questions like:
- What states now have porn ID laws?
- What are the age verification requirements? And what does “reasonable” mean?
- What options exist for online age verification?
The bottom line: Technology is disrupting how websites verify age. Tools like digital driver’s license scanners with 3D selfie detection are commonly used by online wine retailers, for example, to check age. And now, these tools may help porn websites stay compliant.
Much about these laws remains undefined and the laws in Virginia and Utah are currently being challenged. But more and more, it looks like these laws will be here to stay and widespread.
What States Require Age Verification for Porn Websites?
Currently, 7 states have passed age verification laws for adult content websites. The first to pass was in Louisiana in January 2023, which placed the responsibility of verifying age on website operators (as opposed to ISPs or device manufacturers).
In particular, the law requires adult content sites to require users to submit a government-issued ID and prove they are at least 18 years old. Failure to comply could result in daily fines, as well as civil penalties of $10,000 per violation. Similar laws have passed in:
- Utah (currently enforced)
- Arkansas (currently enforced)
- Mississippi (currently enforced)
- Virginia (currently enforced)
- Montana (enforcement begins 1/1/24)
- Texas (enforcement begins 9/1/23)
Similar laws are currently being considered in 9 additional states, including Florida, California, New Jersey, Minnesota, South Carolina, West Virginia, South Dakota, Iowa and Kentucky. Some laws require the user to be at least 21 years old.
What’s Required of Website Operators?
Although the legal requirements vary by state, the share similarities. The biggest requirement is age-verification. Website operators must implement age verification protocols to block content from minors. However, requirements for verification vary by state. Here are some porn ID law requirements for operators:
- Use of Commercial or Government Databases (as seen in Virginia):
- Adult websites must utilize commercial or government databases to confirm that users are 18 or older before granting them access.
- Submission of Government Identification:
- In states like Utah, users must submit government identification scans to verify their ages before accessing adult websites.
- Louisiana also requires users to provide a government ID to prove their age before viewing explicit content.
- Content Restrictions:
- The law, especially in Virginia, applies to websites where over a third of the content is considered harmful to minors.
- Civil Liability:
- Websites that do not comply expose themselves to civil liability damages from underage users and government entities.
- Regular Monitoring and Updates:
- Website operators should regularly monitor and update their age verification systems to ensure they remain compliant with evolving state laws and regulations.
Ultimately, the system that websites use should include safeguards against the most common methods for bypassing online age verification.
How Can Website Operators Comply with Porn ID Laws?
A key concern among website operators and users is data privacy. However, the latest tools offer users complete control over their identity data. Typically, user data is uploaded to a third-party age verification app like FTx Identity. Users can then create a profile and cross-reference their ID with a 3D selfie that detects the user is actually present.
How does a third-party app help protect users’ privacy?
1. Limited Data Sharing
First, very little data is shared with the adult website – just yes / no the user is of legal age. Therefore, the users’ birth date, name, address and other sensitive data isn’t shared with the website.
2. User Data Control
Second, users have control over their data. They can remove this data at any time, and they can control what level of data is being shared with verifying websites and retailers. Plus, as the data isn’t stored on databases for verifying websites, the threat of data security.
3. Data Security Measures
Third-party websites generally are built with data privacy in mind, and have teams on staff to enable the latest data privacy protocols. These companies are more experienced with processing sensitive data, and therefore, they can better protect users data.
What about device-based verification?
Some suggest porn ID laws are too restrictive and put users’ data privacy at risk. Device-based verification offers an alternative. another option that’s been proposed by many in the industry. Device-based verification involves installing filters or controls directly on a device (like a smartphone or computer) to restrict access to adult content.
The idea is simple: Software or settings are installed on a user’s device that filters out content based on age. Once the device is verified, the user can access age-appropriate content. The benefit is that data doesn’t need to be shared. But ultimately, critics claim these standards aren’t as stringent as ID verification.
Does device-based verification meet requirements? That depends; some states require submission of a government-issued ID while others use vague language.
Let’s Chat – Digital Age Verification Solutions
Are you a website operator that’s facing challenges? FTx Identity offers support and we can help you build a verification process that’s compliant, user-friendly, and that allows for easy on-boarding.
Contact our team today to learn more about our solution, as well as how we can help your business stay compliant.