A wave of new laws and new tech might finally bring the era of the online pornography free-for-all to a close, Marc Novicoff writes.
Last week, the Supreme Court heard oral arguments in a case concerning the legality of Texas’s law requiring age verification to view online pornography, one of many such laws passed since 2022. Similar laws have been struck down by the Supreme Court in the past over free-speech concerns. But this time around, the justices seemed inclined to erase the distinction between accessing porn online and in person.
Some of the states that have passed restriction laws implemented a digital-ID-card app, which can be used to verify a person’s age. In states without a digital-identification program, porn sites must pay third-party age-verification providers to use software to compare a user’s face with their photo ID, held up to the camera, or to use AI to determine if their face looks obviously older than 18.
“These state laws have some weaknesses. They apply only where at least one-third of ‘total material on a website’ is pornographic,” Novicoff writes. That leaves kids free to access porn on general-interest platforms such as Reddit and X, which have quite a bit of it. The law also does not apply to websites that are hosted abroad, a fact that millions of teenagers in those states likely already know.
“Still, even prohibitions that can be circumvented tend to screen many people away from a given activity,” Nivicoff continues. Three of the biggest porn sites in America have chosen to comply with the state laws. But PornHub, the most popular porn site in America, has stopped operating in all but one age-verification state. The company says the laws threaten user privacy and will lead children to seek out porn from more troubling sources. Free-speech groups have joined in opposition.
“The Supreme Court seemed inclined to allow Texas’s age-verification law to stand, although it might first send the case back to the Fifth Circuit Court of Appeals with instructions to subject it to a higher standard of scrutiny than it originally did,” Novicoff continues at the link in our bio. “Either way, some form of age-gating is likely here to stay.”
— Emma Williams, editor, audience and engagement, *The Atlantic*
Radijs on
Free porn in the US maybe. The rest of us we’ll be wanking just fine.
DIYThrowaway01 on
Jokes on them I still have my hard drive wank bank of porn from pre-2011 most of it is 244p and has ugly chicks
jkksldkjflskjdsflkdj on
I’ll just read the racey parts of the Bible like all good Evangelicals (of which I am not).
oceanbutter on
Right. And Nany Reagan’s coming for the Afghan Kush I’ve got growing in my garden.
blazelet on
The internet business model has become data collection. Is it possible to do age verification without it becoming another bucket in your data profile, available for anyone to buy?
Onigumo-Shishio on
We will be OK for two reasons.
One, people won’t act on a lot of really important political issues, but they will act on the things they use too often. When ticktoc was banned for a second there, there were a few news stories of people setting fires (among other things) to their local legislation buildings because of the ban.
Can you imagine what taking away people’s porn would cause the crazy people to do??
And two
Nothing ever happens. The internet is full of people who will find their ways around things, or inevitably just break whatever legal nonsense that it will just fade away since most of these people trying to pass internet legislation don’t even know what they are doing and will wind up just forgetting about it because they don’t actually understand it.
It will be fine just like every single other overhyped “OH NO THE INTERNET” fear monger thing has been in the past 10 years.
Mrgray123 on
Any system that involves the government knowing who is doing and watching what is automatically going to lead to bad outcomes.
Is it too easy for children to access online pornography? Yes. And there’s also no doubting that what is available on even mainstream sites is much more extreme than the kind of stuff that children could get their hands on in the 1980s and 1990s.
Frankly it would simply be easier for parents to request that their service provider for home and mobile data block certain types of websites rather than have to rely on a range of blocking apps etc that may not always be easy to use or reliable.
whooo_me on
2030: Scientists are struggling to explain a large discrepancy in eyesight and upper-arm strength between U.S. and European males….
xxAkirhaxx on
I mean, if they do this, porn sites are going to be the largest owner of verified human data in the world.
10 Comments
A wave of new laws and new tech might finally bring the era of the online pornography free-for-all to a close, Marc Novicoff writes.
Last week, the Supreme Court heard oral arguments in a case concerning the legality of Texas’s law requiring age verification to view online pornography, one of many such laws passed since 2022. Similar laws have been struck down by the Supreme Court in the past over free-speech concerns. But this time around, the justices seemed inclined to erase the distinction between accessing porn online and in person.
Some of the states that have passed restriction laws implemented a digital-ID-card app, which can be used to verify a person’s age. In states without a digital-identification program, porn sites must pay third-party age-verification providers to use software to compare a user’s face with their photo ID, held up to the camera, or to use AI to determine if their face looks obviously older than 18.
“These state laws have some weaknesses. They apply only where at least one-third of ‘total material on a website’ is pornographic,” Novicoff writes. That leaves kids free to access porn on general-interest platforms such as Reddit and X, which have quite a bit of it. The law also does not apply to websites that are hosted abroad, a fact that millions of teenagers in those states likely already know.
“Still, even prohibitions that can be circumvented tend to screen many people away from a given activity,” Nivicoff continues. Three of the biggest porn sites in America have chosen to comply with the state laws. But PornHub, the most popular porn site in America, has stopped operating in all but one age-verification state. The company says the laws threaten user privacy and will lead children to seek out porn from more troubling sources. Free-speech groups have joined in opposition.
“The Supreme Court seemed inclined to allow Texas’s age-verification law to stand, although it might first send the case back to the Fifth Circuit Court of Appeals with instructions to subject it to a higher standard of scrutiny than it originally did,” Novicoff continues at the link in our bio. “Either way, some form of age-gating is likely here to stay.”
Read more here: [https://theatln.tc/ABMavO2K](https://theatln.tc/ABMavO2K)
— Emma Williams, editor, audience and engagement, *The Atlantic*
Free porn in the US maybe. The rest of us we’ll be wanking just fine.
Jokes on them I still have my hard drive wank bank of porn from pre-2011 most of it is 244p and has ugly chicks
I’ll just read the racey parts of the Bible like all good Evangelicals (of which I am not).
Right. And Nany Reagan’s coming for the Afghan Kush I’ve got growing in my garden.
The internet business model has become data collection. Is it possible to do age verification without it becoming another bucket in your data profile, available for anyone to buy?
We will be OK for two reasons.
One, people won’t act on a lot of really important political issues, but they will act on the things they use too often. When ticktoc was banned for a second there, there were a few news stories of people setting fires (among other things) to their local legislation buildings because of the ban.
Can you imagine what taking away people’s porn would cause the crazy people to do??
And two
Nothing ever happens. The internet is full of people who will find their ways around things, or inevitably just break whatever legal nonsense that it will just fade away since most of these people trying to pass internet legislation don’t even know what they are doing and will wind up just forgetting about it because they don’t actually understand it.
It will be fine just like every single other overhyped “OH NO THE INTERNET” fear monger thing has been in the past 10 years.
Any system that involves the government knowing who is doing and watching what is automatically going to lead to bad outcomes.
Is it too easy for children to access online pornography? Yes. And there’s also no doubting that what is available on even mainstream sites is much more extreme than the kind of stuff that children could get their hands on in the 1980s and 1990s.
Frankly it would simply be easier for parents to request that their service provider for home and mobile data block certain types of websites rather than have to rely on a range of blocking apps etc that may not always be easy to use or reliable.
2030: Scientists are struggling to explain a large discrepancy in eyesight and upper-arm strength between U.S. and European males….
I mean, if they do this, porn sites are going to be the largest owner of verified human data in the world.