The Impact of Age Verification Laws on Internet Freedom

Recent findings by Freedom House highlight a sustained erosion of internet freedom worldwide, now reaching its 15th consecutive year of decline, with the most significant downturn observed in the United States, following Georgia and Germany.

A major factor contributing to this decline is the emergence of numerous age verification laws over the past year. The report underscores an impending crisis in online anonymity, a vital aspect for free speech. Both democratic and authoritarian nations are introducing identity checks for specific websites and platforms, often under the pretext of safeguarding children.

Age Verification: A Double-Edged Sword

Child safety on the internet has been a topic of concern for years, as tech firms struggle to shield young users from harmful content. In the absence of comprehensive data privacy laws or meaningful revisions to legislation like Section 230, lawmakers have increasingly resorted to imposing age-based access limitations, achieving more tangible results.

In the past two years, age verification requirements have been adopted by 25 states for accessing adult materials online. This year, the Supreme Court upheld a Texas statute mandating that sites containing adult content verify users' ages, marking a notable legal endorsement of such standards.

Broader Impact on Internet Infrastructure

These age checks have expanded beyond adult content to include social media and other online services. Sixteen states now enforce parental controls or age-based restrictions for social media, despite ongoing litigation challenging six of these laws. National legislation prohibiting children under 13 from using social media has found bipartisan support. States like Utah, Texas, and Louisiana are slated to implement app store age checks, with California planning similar measures by 2027.

Consequently, these laws have begun fragmenting the online ecosystem. Smaller platforms, unable to afford third-party verification services, often have to withdraw from markets with stringent age verification mandates. Dreamwidth, for instance, exited Mississippi due to the high cost of compliance. Similarly, Bluesky opted out of the state rather than adhere to these laws, though it complies in other regions like South Dakota, Wyoming, and the UK. Pornhub, criticizing the inconsistency and riskiness of such laws, has restricted access in 23 states.

Privacy Concerns and Security Risks

Pornhub's stance is part of a broader privacy advocacy push warning that age verification potentially compromises everyone's privacy. These laws aren't limited to minors; they require verifying all users' ages, often involving government IDs or app-based facial scans—both susceptible to misuse.

Recently, Discord reported an 'incident' leading to the potential leak of 70,000 users' IDs due to a third-party service error. Previously, another service inadvertently exposed IDs while working with platforms like TikTok and Uber. With more platforms requiring ID verification, such breaches might increase.

Risks Extending Beyond the US

These challenges aren't confined to the U.S. Other countries like Australia, Denmark, and Malaysia are implementing outright social media bans for younger teens, and France is considering a similar approach with additional restrictions for older teens. These policies inevitably require some mechanics for age verification, adding to the complexity seen with the UK's Online Safety Act.

The UK legislation aimed to protect young users from harmful content but has inadvertently complicated Internet access. It's not only adult sites requiring age verification but also platforms like Spotify, Xbox, and even news channels on Reddit. Wikipedia, unable to secure an exemption, faces severe consequences from enforced age verification for UK contributors.

Dealing with Verification Bypass and VPN Usage

Despite these measures, circumventing age checks remains feasible through methods like using video game character images, AI-generated IDs, or employing Virtual Private Networks (VPNs), which obfuscate users' actual locations.

VPNs have legitimate wide use, enhancing privacy and bypassing geographical restrictions. However, following the enactment of the UK Safety Act, VPN usage surged dramatically, with ProtonVPN experiencing a 1,400% increase in subscriptions. This uptick raises concern over potential future restrictions on VPNs, which are crucial for activists, students, and professionals requiring secure internet access.

While restrictive VPN measures are speculative in regions like the U.S., their mere consideration signals a troubling trend. Historically, VPN bans have been characteristics of repressive regimes, and extending such restrictions globally could degrade the openness and accessibility of the internet for all.