The War on Porn Regular Updates about the Assault on The Adult Industry
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Citizens of Missouri who frequent adult websites will find the internet has changed for them when they wake up this Sunday morning, towards the end of the long Thanksgiving weekend.
Why will the internet be different for citizens of Missouri as of that morning? Because Sunday is November 30, the day the state’s new age-verification mandate begins for websites covered by the “Missouri Merchandising Practices Act.”
Under the law, websites on which a “substantial portion” of the content (33% or more) is deemed “pornographic for minors” must employ a “reasonable age verification method” to assure anyone accessing such content is an adult.
On its face, requiring adult sites to verify the age of their visitors may not seem like such an unreasonable proposition. But, as the saying goes, “the devil is in the details.”
For starters, making adults jump through hoops to enter a brick-and-mortar adult video store, or requiring people to show ID when purchasing a porn mag at a convenience store is one thing, storing and cross-referencing their personally identifying information is quite another.
When a clerk at an adult shop or any store that sells age-restricted materials checks your ID, they look at it, they look at you, they check the date of birth listed on the ID document and then you both get on with your lives. Minutes later, that same clerk probably couldn’t tell you much about the customer they’d just served, other than “I checked his ID, it looked legit and he’s 55 freaking years old, dude.”
When I scan my ID on the behest of an age-verification provider…who the fuck knows what happens to that data? Sure, some of these state laws prohibit vendors from storing and sharing that data, but do you trust them to follow the law? How many times do we need to haul tech companies before Congress (or watch them get fined by the FCC) to admit they interpreted the law in some “nuanced” way that permits them to hold on to and use our personal data before we get wise to their sneaky ways?
The data collected by age-verification services is valuable to them. They aren’t going to abstain from using it in every profitable way possible, regardless of what the law says. They will find ways to interpret the law such that they can sell, rent out or permit third-party cross-referencing of the data, mark my words. Some of these companies won’t be domiciled in the United States – and they will give just about as big a shit about U.S. law as any other business located outside the jurisdiction of the U.S. does, accordingly.
Of course, none of this will bother the politicians who pass these laws, because this isn’t about protecting kids – and it sure as hell isn’t about protecting the privacy of adults who like to watch porn. This is about a larger antipathy towards adult entertainment and a desire to discourage anyone and everyone from looking at porn, not just minors.
Consider what Missouri Attorney General Catherine Hanaway had to say in September about the new law in her state: “We are holding powerful corporations accountable, respecting women and victims of human trafficking, and helping ensure that minors are shielded from dangerous, sexually explicit material.”
Notice that the bit about “helping ensure that minors are shielded” comes last on the list? That’s not a coincidence.
Someone also needs to explain to me how making people show ID at the door when they watch porn is in any way helping “women and victims of human trafficking.” Let’s assume a person has been trafficked for the purpose of performing in porn (something that truly doesn’t happen often at all, despite a constant stream of political rhetoric to the contrary); how does making viewers confirm they’re old enough to watch legal porn help anyone who has been forced into making illegal porn?
The word “trafficking” doesn’t appear in the text of Missouri’s new law. What does appear there is the claim “nothing in this proposed rule limits the ability of adults to view sexually explicit material online,” which is technically true, so long as one doesn’t consider an age-verification requirement a “limit” to any of the adults who would prefer not to hand over the personally identifying information to God-knows-who.
When the Supreme Court ruled in favor of Texas in the challenge to that state’s age-verification mandate, Cecillia Wang, the national legal director of the American Civil Liberties Union, said something that strikes me as being just as true with respect to the Missouri law:
“The legislature claims to be protecting children from sexually explicit materials, but the law will do little to block their access and instead deters adults from viewing vast amounts of First Amendment-protected content.”
She’s right – and the list of adults deterred by such laws is only going to get longer as these laws proliferate.
Welcome to the dumb-downed internet. Please be mindful of the language you use herein; some of your readers might be children!
