LOS ANGELES—Aylo is renewing its criticism of age verification laws in the United States, sending a letter Tuesday to dozens of governors, state lawmakers and attorneys general arguing that the measures are failing to protect minors online. The company, which owns Pornhub.com, addressed officials in states where age verification requirements are already being enforced. The letter was signed simply “Pornhub.”
“We are writing to you because, as a community, we are deeply concerned about the harm being caused by the performative, ineffective, and unenforceable age verification laws you have taken part in passing despite your intention of protecting minors,” the letter reads.
“Everyone subjected to these laws is more at risk than ever before of encountering online harm,” it continues. The letter also reiterates Aylo’s position that age verification can work effectively only when it is handled at the device level rather than by individual websites.
The letter states, “You have the power and the responsibility to mandate operating system providers like Apple, Microsoft and Google to render all mobile phones, tablets and computers child safe by enabling parental controls at the source and by default.” Device-based age verification remains a debated issue within the online adult entertainment industry, although broader discussions about child safety online have led to increased interest in the approach. Aylo also cited Apple’s implementation of operating system-level age verification features as an example it considers successful.
Several age verification laws now in force across the United States can be bypassed using commonly available technology, while some statutes also impose significant penalties for businesses that do not comply.
In Tennessee, for example, an operator of an adult website can face felony charges for violating the state’s age verification requirements.
Other laws rely on civil enforcement, allowing private individuals to file lawsuits seeking damages for alleged violations. Utah is among the states that authorize private parties to bring age verification claims before the courts.
Kansas saw similar litigation brought by the National Center on Sexual Exploitation. Those lawsuits were ultimately dismissed because of legal standing and jurisdictional issues.
“We can no longer accept laws that create the appearance of action while failing to address the challenge of keeping kids safe online,” the letter declares. “It is particularly concerning when these laws drive regulated business out of your jurisdictions and aid in creating a lush market for bad actors online, when a viable solution exists today.”
The company also pointed to its decision to block access to Pornhub and its other platforms in more than half of the United States. Those geographic restrictions, however, can be circumvented through widely available virtual private networks and proxy services.
Aylo has also made the letter publicly available in its entirety.
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