Pornhub has blocked access to Texans unless they use a virtual private network (VPN). Starting Thursday, a lengthy message opposing age verification laws will appear instead of pornographic content when users in Texas attempt to access any of the sites owned by Aylo, previously MindGeek.
Feature Image Credit: Ethan Miller/Getty Images
Some states have already passed legislation mandating the use of age verification on adult entertainment websites. These states include North Carolina, Virginia, Utah, Montana, and Mississippi. However, a U.S. District judge ruled that enforcement could undermine free expression privileges, putting a halt to Texas’ age-verification statute.
This decision came after a coalition of porn industry supporters and firms challenged the legislation. A federal appeals court found last week that Texas had the authority to implement this statute.
Website age checks have long been resisted by advocacy groups such as the Electronic Frontier Foundation and think tank R Street, who view them as a danger to data security and anonymity, despite the fact that these regulations aim to prevent minors from accessing adult content.
The website has simply disabled access in states that have implemented age verification laws, instead of implementing what it has characterized as “haphazard and unsafe” verification.
On its blog, Pornhub expressed concern about the potential for data breaches caused by age verification software, which asks users to provide very sensitive information. “Governments have traditionally had difficulty securing this data, regardless of your good intentions.”
It was not always like this on Pornhub. Among these statutes, Louisiana’s was the first to go into effect in early 2023. At first, Pornhub was in line with age verification via the LA Wallet app, which is managed by the state and links to an ID of a Louisiana resident. To rephrase, the law mandated that you provide government-issued identification in order to access pornographic content.
The other sites owned by Aylo and Pornhub changed their strategy once these regulations were expanded to other states. A safe-for-work film featuring pornstar Cherie DeVille outlines Pornhub’s position on the data privacy problems in question; this video plays when you browse pornographic websites in places that mandate age checks.
Because confirming one’s identity is a prerequisite to posting content to Pornhub, adult actors residing in these states are nevertheless able to use their creator accounts to access the site.
Congressional debate is also underway regarding access to online platforms, which coincides with these developments in state internet legislation. Many hearings with tech CEOs have focused on children’s online safety, and legislation like the Kids Online Safety Act is gaining traction in Congress. However, a recurring theme is that criminal actors might exploit these safety measures to their advantage.
At the same time, a measure that might outlaw TikTok and similar “foreign opponent controlled applications” was enacted by the House of Representatives this week. There may be broader implications for government intervention in IT as the TikTok bill is now being discussed in the Senate.
