On July 1, laws mandating adult websites to verify the ages of their users went into effect in Mississippi and Virginia, despite Pornhub’s efforts to resist the legislation. In response, Pornhub took measures such as blocking access to users in these states and mobilizing its user base to persuade lawmakers that requiring identification to access adult content could negatively affect users in those regions.
Via a lengthy statement on Twitter, Pornhub clarified that the company supports US officials’ actions to prevent minors from accessing adult content, describing it as “great.” However, they criticized the implementation of these laws by many elected officials, deeming it reckless and hazardous.
Pornhub is not the only entity expressing opposition to these laws. Last month, the Free Speech Coalition (FSC) filed a lawsuit against Louisiana regarding its age-verification law. Alison Boden, the Executive Director of FSC, argued that these laws, now passed in seven states, are unconstitutional.
In a blog, Boden mentioned, “These laws give the state the power to harass and censor legal businesses. We support keeping minors from accessing adult content, but allowing the state to suppress certain speech by requiring invasive and burdensome systems that consumers refuse to engage with is simply state censorship.”
Shortly before the Mississippi and Virginia laws were implemented, the Free Speech Coalition (FSC) acknowledged on its blog that they were actively considering potential legal challenges to these laws. Ars attempted to contact Pornhub and the FSC for further comment but could not immediately reach them.
Potential Consequences of Age Verification Laws and Evasion Techniques
In a statement on Twitter, Pornhub raised a significant issue with the new laws, pointing out that states have not established a regulatory framework for enforcement. Consequently, powerful platforms like Pornhub are likely to comply with these laws voluntarily to avoid potential fines of up to $1 million per year, as estimated by the FSC. However, this approach creates a loophole where users seeking to evade age verification requirements may migrate to shadier platforms that do not require identification, exposing them to potential security and privacy risks.
Instead of mandating platforms to request identification, Pornhub suggested that lawmakers focus on implementing device-based age verification, which is seen as the most effective solution for enhancing online safety. The FSC’s age verification law tracker indicates that three additional states—Arkansas (effective July 31), Texas (effective September 1), and Montana (effective January 1, 2024)—have laws scheduled to come into effect in the near future.
Until a better alternative is established, it is likely that Pornhub, currently ranked as the eighth most-visited website in the US by SimilarWeb, will continue to restrict access for an increasing number of US users. This action appears to be Pornhub’s primary means of protesting the laws and compelling lawmakers to address their concerns regarding what they perceive as misguided age verification legislation. The decision by Pornhub to take such a drastic step has surprised at least one lawmaker, Todd Weiler, in Utah, who expressed his astonishment in an interview with Ars.
The FSC’s “Defend Online Privacy” Campaign and First Amendment Concerns
The Free Speech Coalition (FSC) appears to support platforms like Pornhub in their decision to block access rather than comply with age verification laws. In line with Pornhub’s campaign to mobilize users against lawmakers, the FSC has launched a website called “Defend Online Privacy.” This resource provides landing pages to help websites like Pornhub redirect newly blocked users. Instead of accessing Pornhub’s homepage, users would be redirected to a landing page designed to raise awareness among Arkansas, Louisiana, Mississippi, Montana, Texas, Utah, and Virginia users. These pages explain the reasons for the block and encourage users to contact their state legislators to express their dissatisfaction with the laws.
The aim is to educate Internet users so they can influence local lawmakers, including individuals like Weiler, who previously expressed the view that requiring identification to access adult content was reasonable, akin to asking for ID when purchasing alcohol or cigarettes.
However, Jeff Sandman, the FSC’s counsel based in New Orleans, highlighted in a blog post that there is a fundamental difference that some lawmakers overlook in their comparison. Sandman emphasized that the First Amendment protects the right to access legal content and ideas without government interference freely. He argued that the requirement to show ID during a checkout transaction is not equivalent to submitting it to a government database.
Legal Challenges and Role of Pornhub in Resisting Age Verification Laws
In Louisiana, the FSC’s lawyers have requested a court order to prevent the enforcement of the state’s law and similar demands will likely be made in Mississippi and Virginia. Pornhub has apologized to its “loyal visitors” now facing restricted access in many states. However, many users have discovered that bypassing age verification and the site’s block is relatively simple by using a VPN. This trend is evident from the Google Trends data, which indicates that “VPN” quickly became a popular search term among Internet users in Virginia.
Update: According to Mike Stabile, the FSC’s director of public affairs, there may be an update later this week regarding the FSC’s legal efforts against the age verification laws passed in certain states. Stabile emphasized that these laws are not primarily focused on protecting minors but aim to restrict the freedom of the open Internet. He argued that such state-level regulations targeting adult websites are ineffective in preventing children from accessing adult content. Stabile also expressed concern that these regulations could be just the initial step in the government’s broader agenda to limit freedom of speech, underscoring the importance of resisting such restrictions. “We’re in the midst of twin moral panics around sex and tech, and porn is where they overlap,” explained Stabile in an interview with Ars. He highlighted the broader impact of these laws, stating, “The scope of these laws extends far beyond adult websites” due to their ambiguous language, which can potentially hold other websites accountable for seemingly innocuous content such as “a ‘description of a female nipple'” in certain states. This includes platforms providing sex education resources. Stabile emphasized that the Free Speech Coalition (FSC) advocates device-based age verification as “a significantly better solution for preventing minors from accessing adult content.”
