Age Verification in USA

Republican Louisiana state representative Laurie Schlegel pushed through her bill  HB 142 earlier this year requiring age verification for any website that contains 33.3% or more pornographic material. The law takes effect from 1st January 2023.

According to Schlegel, websites would normally verify someone's age in collaboration with LA Wallet. An app available for anyone who has a Louisiana state ID or driver's license. Other options are also allowed.

It will be the website's responsibility to ensure age verification is required when accessing their site in Louisiana. There are no censors to enforce the law, instead the law allows residents to sue porn sites for any claimed harm to children caused by viewing porn on a website without age verification.

There is legislation in Washington, D.C. that looks to implement something like this on a national level. Sen. Mike Lee, R-Utah, introduced a bill similar to Schlegel's.

The US state of Louisiana has commenced a new law requiring porn websites to obtain identity/age verification before allow access to viewers. The law is not enforced by official censors. Instead it simply allows Louisiana to sue for damages for any harm claimed as a result of underage porn viewing. So how is it panning out in practice?

It is the second week of the new law. Vice has found that very few sites have actually implemented the age verification system. As it stands, only PornHub and OnlyFans check Louisiana's residents' ages, others don't.

This may have something to do with the way the age check is implemented: when you access PornHub from Louisiana, you're met with a screen asking you to verify your age. From there, you're redirected to AllPassTrust, a Cyprus-based company specialized in age verification. AllPassTrust links to LAWallet, the state of Louisiana's digital driver's license wallet, which provides you with a code that you need to enter on AllPassTrust.

The way it's looking now, only Louisiana drivers licenses are accepted for verification, which is a problem for anybody currently in the state that doesn't have one. Sure, practically everybody in the United States has a driver's license, but there are those who don't, and visitors or short-term residents of the state won't be able to verify their age since they won't have a license issued in Louisiana.

According to local Louisiana newspaper L'Observateur, opponents are already gearing up for a legal challenge.

The idea is spreading though. There are reports of national politicians proposing similar laws to Louisiana.

Also two Republican state senators in Arkansas introduced a bill this week requiring age verification before entering a website offering pornography. Senate Bill 66, which proposes a Protection of Minors from Distribution of Harmful Material Act, is sponsored by Sen. Tyler Dees and Sen. Jim Petty. The proposed legislation is a copycat version of Louisiana's new law.

The Arkansas House has approved an amendment to SB 66, a Republican bill that would require age verification before entering a website offering pornography, over confusing language. SB 66 was introduced in January by state Senator Tyler Dees, who later admitted that his state initiative is only a steppingstone toward the ultimate goal of a federal mandate.

A vote in the Arkansas House sent the amended bill back to the Committee on House Rules for further consideration, the Northwest Arkansas Democrat Gazette reported. Representative Mindy McAlindon told the paper that the amendment was needed to clarify distinctions between 'corporate entities' and 'third party vendors' in the bill.

SB 66 is a copycat version of Louisiana's Act 440, a new law enacted in January after being championed by a religious anti-porn activist Republican legislator.

Meanwhile Virginia lawmakers recently passed a bill with near-unanimous support that would require pornography websites to more stringently verify whether a person is 18 before allowing them access to the site. Websites would have to implement more advanced methods of their choosing to verify age, such as requiring users to submit copies of government-issued identification, biometric scans or use other forms of commercial age verification software.

Under the bill, a civil cause of action, or a lawsuit, could be brought on behalf of a minor who suffered damages from access to pornographic websites that didn't use age verification measures. No one spoke in opposition when the bill was debated during the session, but some people took to social media to express their concerns.

The bill now heads to Gov. Glenn Youngkin's desk for his signature.