Mo. AG Requires Dual Age-Verification for Adult Websites, But Tech Might Not Exist
Missouri Attorney General Andrew Bailey (R) announced a rule requiring commercial pornographic websites to verify the age of users on both the website itself and on the device being used to access the site, for what he calls a “first-in-the-nation” standard to safeguard children. However, the Age Verification Providers Association (AVPA) said Thursday that the technology for this doesn't exist, while the Electronic Frontier Foundation (EFF) raised privacy concerns.
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Under the rule, pornography distributors must be able to prove their users are adults or must cease to operate in the state, said Bailey in a Wednesday press release. “Missouri is leading the way by going beyond surface-level protections, implementing a two-layer verification process that ensures minors are kept out -- and adult privacy is respected," said the AG. "This action forces companies to take responsibility, and aligns them with other age-restricted industries."
The dual-layer approach to age verification closes loopholes that allow minors to bypass protections, said Bailey. Additionally, the rule outlines protections for privacy and preventing data misuse, such as requiring all identifying data be deleted immediately after the user’s age is verified, the AG office said.
While supporting the rule's intent, AVPA Executive Director Iain Corby was skeptical about the details. “We would need to understand better the mechanics and legal liabilities of using an operating system to apply age verification before expressing a view on this novel innovation which is not a technology that currently exists,” he said in an emailed statement to Privacy Daily. “We’d be pleased to engage with Attorney General Bailey’s team to develop this approach in practice.”
“We welcome any measure that better protects children from harmful content and functionality online,” Corby continued. “The requirement to delete personal data immediately after the age is confirmed is fundamental to the age verification industry’s privacy-preserving ethos." Age verification should be placed close to the place of possible harm, "so the duty placed on websites to apply age assurance measures is key to a comprehensive impact.”
Jason Kelley, EFF activism director, said he doesn't buy the privacy-preserving angle pushed by Bailey. “This rule robs internet users of anonymity, exposes them to privacy and security risks, and blocks some adults entirely from accessing sexual content that’s protected under the First Amendment," he said. "Courts have consistently held that similar age verification laws are unconstitutional."
The Missouri rule "does not adequately protect people's privacy" for many reasons, said Kelley. "There's no enforcement mechanism for noncompliance, and more fundamentally, it seems to ignore the realities of online surveillance and data collection." Also, under the rule, "any website or section of a website that Missouri decides is composed of 'one-third' or more of 'sexual material harmful to minors' -- or even sites that merely contain sections that contain 'one-third' or more of this material -- will be forced to collect age-verifying personal information from all visitors. Missouri doubles down by requiring operating systems to engage in the same verification process when someone seeks access to adult materials online."
However, state Rep. Sherri Gallick (R), an advocate for age verification, supported Bailey’s rule in the AG's press release. “As adults and mentors, we have a moral obligation to protect children from harm, particularly from bad actors and dangerous situations."