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Since January this year, people living in the US state of Louisiana have had to bend over backwards to access the most popular pornographic websites. The sites now greet Louisianans with a full-page notice that they must submit to an age verification procedure before they can proceed to do what they set out to do. The law, which requires pornographic sites to make sure their visitors are not minors, is courtesy of conservative Republican lawmakers and aims to protect children from early exposure to indecent content.
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The only visible effect of the law so far has been an increase in downloads of an official government program that generates a digital copy of a driver’s license that is accepted as the legal equivalent of a physical ID in the state. Daily downloads of the LA Wallet app tripled to 5,000 per day early this year. This is due to the quirks of the law, which almost forces users to reveal their real identity to others if they want adult entertainment.
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“any commercially reasonable method that relies on public or private transactional data to verify the age of the person.”
As the law states, a website must decide for itself which age verification method to use. However, the websites that have implemented the law so far all require users to provide their ID.
At least three popular porn sites, Pornhub, Redtube and Youporn, now ask users with Louisiana IPs to verify their age with AllpassTrust, a third-party identity verification site that works with the LA Wallet.
Any website or third-party platform that verifies the age of users is prohibited from retaining any of their identifying information once access to the website has been granted. The law also states that any service provider who
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The lawmakers’ goal – to protect children from harmful content – is virtuous, but the way they chose could cost adults their privacy and expose their most intimate secrets. Despite assurances that third-party verification services will not share visitors’ personal information with anyone, this does not mean that this will not happen in practice, either intentionally or due to oversight.
The mere thought of having to reveal your identity to access NSFW content can be jarring. And it’s not ‘chilling’ as in ‘Netflix and chill.’ The law shatters the promise, however false, of online anonymity, and you can’t help but wonder what will happen if this data falls into the wrong hands.
As the saying goes, one person can keep a secret, but not two. The more hands a piece of information passes through, the greater the risk that it will be mishandled, shared or leaked. Aside from these risks, it can also be handed over to law enforcement under a perfectly legitimate pretext. For example, AllTrustPass’s privacy policy states that it does not share or give access to your personal information with third parties, except for third-party providers, such as a hosting provider, and the police. The information AllTrustPass may collect includes email address and password (stored as a hash), age status, technical data such as an IP address (which may also be hashed), cookie data, including two Google Analytics cookies, and approximate location. It may not be much, but it’s probably enough to make you uneasy.
We also have yet to see what intermediaries other adult sites will use to verify the age of users when (or if) they decide to implement the law. And here we run into another unknown.
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Barely two months after the law came into force, it is still unclear to which areas it will apply. Currently, it is up to the websites themselves to determine if they meet the definition of a porn site and build in an age verification system. The law does make an exception for bona fide news sites, public interest broadcasters and newsgathering organizations. However, it is unclear whether public forums such as Reddit, which have a large number of NSFW-related subreddits, fall within its scope. It doesn’t help that the criteria for what constitutes a child-unfriendly site are murky. For example, how do you measure that 33.1% of the site’s content is pornographic? What if it’s 29%?
Scammers can exploit this uncertainty and create clones of porn sites that trick users into giving up their personal information or even providing copies of their ID documents. Depending on what data the website spoofs from users, scammers can steal their money or take out a loan in their name. Since not many porn sites have an elaborate or in any way distinctive design (web design is not what one pays attention to when browsing them), imitating their interface should be a walk in the park for even non- to be experienced deceivers.
There is also the possibility that unscrupulous porn sites can take advantage of the situation to collect users’ data and milk it for money, for example by selling it to data brokers, who can then sell it to advertisers. The porn industry has always been a gray area of the law, full of shady characters, so you can’t expect much integrity there. And even if website owners won’t intentionally break the law, no one is safe from blunders, especially when you’re dealing with a law that’s fresh out of the legislative oven.
Louisiana was the first US state to pass a law requiring porn sites to verify the age of their visitors, but it is unlikely to be the last. Legislators in more than a dozen other US states have introduced, or plan to introduce, legislation requiring adult websites to verify the age of their viewers. Seven states, including Florida, Virginia and South Dakota, have introduced what have been described as copycat versions of the Louisiana bill.
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It makes sense that Louisiana is leading the way for others, given its pioneering role in digitization in the US. So, in 2018, Louisiana became the first US state to allow law enforcement agencies to accept a driver’s license in digital form.
Age verification laws like Louisiana’s could jeopardize the privacy of many adults if more states adopt them. Whether this is a fair price to pay to make children safer, and whether these laws will actually make children safer, is not a simple question to answer.
Age verification laws can mean a privacy disaster, especially if they are not implemented as intended, which is always a big risk. But that’s not to say that the distribution of pornography to children isn’t a problem that needs to be tackled. A recent survey suggested that the majority of children see adult content for the first time before the young age of 13. What is even more alarming is that 58% of children report that they have seen pornography unintentionally, by discovering it online. Studies suggest that early exposure to pornography can have lasting negative effects on children’s psyche, such as a distorted view of sexuality and themselves.
Weighing the pros and cons of laws restricting access to pornographic content will be a balancing act. This means that lawmakers should not shoot from the hip when dealing with such sensitive and multifaceted issues. For one thing, we hope that the noble desire to protect children will not backfire on innocent, law-abiding adults.
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As for how the latter can bypass the current restrictions and preserve their privacy, using a VPN is probably the simplest and most effective way. But this is not the only way. See our guide for more tips on how to access PornHub and similar sites even when they’re blocked in your region.
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