Md. Panel Hears Support for Bill on Age Verification for Obscene Materials
Maryland, one of many states across the country introducing age-verification bills aimed at protecting children online, heard testimony Wednesday in support of HB-394. The bill would make websites liable for distributing obscene content to kids younger than 18, while setting data retention rules for identifying information collected for age verification (see 2501170053).
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“Porn use negatively impacts mood and personality, contributing to feelings of isolation, depression and anxiety," said sponsor Del. Robin Grammer (R). "Children and adolescents are particularly susceptible to this because of what is taking place during that stage of brain development.” Grammer (R) said his bill “attempts to fix this issue by requiring age verification on distribution sites of online pornography and placing civil liability for commercial entities that knowingly and intentionally violate the requirement."
HB-394 “strikes an appropriate balance between protecting children, respecting privacy [and] ensuring that First Amendment concerns are not impacted with the explosive growth of online pornography,” said Jonathan Alexandre, attorney and Legislative Counsel for the Maryland Family Institute.
“These age-verification systems, they don't compromise privacy,” Alexandre said. “It doesn't keep any personal data, doesn't pose any security threats. If a commercial entity fails to prevent minors from accessing obscene content or improperly retains identifying information, there are ways for that damaged party to be able to get a reward for that harm.”
Grammer, in response to a question, further addressed the methods of verifying a user's age. “There are several platforms for age verification developed by … technical groups, one in the U.S. and one in the U.K., so the standards are there,” he said. But also, as laws like these have moved forward in states across the country, some site providers have turned off the websites instead of attempting to implement age verification methods, Grammer said.
There are "many different technologies" for age verification and a picture is not necessarily needed," noted Alexandre. AI can use "hand gestures" or voice recognition "to discern the age of the individuals."
Peggy Cairns, education chairperson of the Maryland Coalition Against Pornography, also supported the bill. Cairns cited Texas, whose age-verification law was heard recently at the U.S. Supreme Court (see 2501150073), as an example for Maryland to follow.
Other questions from committee members concerned the definition of what was considered obscene material and how the bill’s language was decided. Grammer said that the tech community met with lawmakers after last year’s version of the bill failed. They resolved to use language from similar bills in other states in HB-394, he said.