The War on Porn Regular Updates about the Assault on The Adult Industry
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PHOENIX — Lawmakers in Arizona have revised a bill targeting online adult content, removing language that had raised concerns it could make compliance effectively unworkable for many sites.
According to Free Speech Coalition Director of Public Policy Mike Stabile, the organization worked closely with the sponsor of HB 2133 to shape the amendments.
“We worked hard in Arizona to educate lawmakers as to the realities of our business and to secure amendments that reflect that,” Stabile said.
Arizona’s HB 2133, titled the “Protect Act,” is part of a broader legislative push aimed at addressing nonconsensual intimate images online, including content generated using artificial intelligence. The bill also introduces new verification and consent requirements for adult websites.
Under those provisions, adult sites would need to use “reasonable” verification methods to confirm that individuals depicted in sexual material are at least 18 years old and have given consent. They would also be required to keep records of that verification for a minimum of seven years.
Earlier language in the bill created what some described as a compliance dilemma. It defined “reasonable” verification methods as affidavits confirming age and consent, verification by an independent third party, or “any other commercially reasonable method that does not retain identifying information after the verification is complete.”
The revised Senate version removes the phrase “that does not retain identifying information after the verification is complete,” addressing concerns that the requirement conflicted with the obligation to maintain records.
Stabile said, “Our issue here was that our members are not able to delete model releases and other consent documents. That is fixed.”
In addition to that change, amendments also removed provisions that would have allowed inspections by the attorney general without a warrant and restricted the sharing of documentation with federal, state, and local law enforcement.
While affidavits and third-party verification remain listed as options, the updated bill does not require them if another commercially reasonable method is used. For many operators, affidavits can be difficult to implement because they typically require notarization, while third-party systems may introduce additional complications with record retention.
“When I spoke with the sponsor, I explained the methods that we currently use,” Stabile said. “While individuals and organizations affected by the law should review their practices and potential liability with their own counsel, the bill as amended lists out ways of satisfying the consent verification requirement. ‘Any other’ commercially reasonable method should allow just that.”
The amended bill also includes language allowing websites to demonstrate that certain material was created before the enactment of the Child Protection and Obscenity Enforcement Act of 1988, instead of requiring age and consent verification for that content. The provision is intended to address challenges in verifying older material.
Industry attorney Corey Silverstein said that while the updated language may provide more flexibility, the broader concerns remain.
“Regardless of the ‘softening’ of the language, this is all prior restraint on free speech,” Silverstein said. “The notion that this will actually protect children is absolute nonsense.”
The amended bill has been sent back to the Arizona House of Representatives for further consideration.
