The Age Verification Providers Association (AVPA) has withdrawn its support for California’s age verification bill, AB 3080, following the acceptance of an amendment by the California State Senate Judiciary Committee.

The amendment, which originated from the adult industry, has been criticized for creating what the AVPA describes as an “ill-defined means of compliance for adult websites.”

The original bill aimed to mandate age verification for accessing adult content online, requiring websites to use methods such as government IDs, non-prepaid credit cards, or designated adult accounts to verify users’ ages.

This initiative was passed by the state assembly with a unanimous 65-0 vote. However, the recent amendment has shifted the focus, raising significant concerns among stakeholders.

The amendment allows for compliance through:

1. Metadata or Response Headers: Websites can use these to identify sexually explicit content, which can then be detected by parental control software, embedded hardware applications, and similar services designed to block or filter inappropriate content for minors.
2. Operating System Blocking: Platforms can block users identified as minors by the operating system of their device.

The AVPA argues that the amendment does not substantially change current practices. Most adult websites already use the Restricted to Adult (RTA) watermark, which the amendment essentially codifies as mandatory. According to the AVPA, this does not enhance the existing protections for minors accessing explicit content.

The RTA watermark puts the power to stop children from accessing adult content in the hands of the parents (where it should be), requiring parents to turn on the porn-blocking software that is already available on every mobile device.

Almost all modern-day mobile devices have built-in website blocking capabilities that allow parents to block explicit content together simply by changing the device’s parental control settings, negating the need for age verification laws in the first place.

But that would require parents to actually make an effort to protect their children, instead of demanding new laws to do so. It really is as simple as adjusting the parental control settings.

The AVPA has raised concerns that the amendment places an unrealistic expectation on smartphone operating systems to designate users as minors. “An operating system itself cannot designate a user as a minor; it is just software code. It needs to be a legal entity on whom this obligation is placed for this option to be implemented,” the AVPA stated. The bill fails to specify which legal entities would assume this role, leaving a significant gap in the proposed regulation.

The AVPA emphasized that the result of this amendment means adult sites need not alter their current practices. “The result of this amendment is that the porn sites need to do nothing different from today, and when the Bill comes into force, absolutely nothing will change,” the AVPA said. “Not one child in California will be better protected from exposure to pornography as a result of this Bill with this amendment included.”

Expressing their frustration, the AVPA announced their retraction of support for the amended bill.

“Despite our initial backing in the Assembly, we can no longer support a bill that fails to provide any real change or protection for minors,” an AVPA spokesperson said. “We urge the legislators to reconsider and introduce measures that offer genuine, effective solutions for age verification and protection of minors online.”

So, who is this Age Verification Providers Association? They are a UK-based company who not surprisingly provides age verification services to businesses (for a small fee of course). Long story short, they have a financially vested interested in making adult websites pay for age verification services from third parties.

This development marks a significant shift in the trajectory of AB 3080, which initially received strong bipartisan support. The controversy over the amendment highlights the ongoing debate about the best methods to protect minors from accessing adult content online while balancing the privacy rights of adult users.

As the legislative process continues, the AVPA’s withdrawal of support may influence further discussions and potential revisions to the bill. Lawmakers will need to address the gaps and ambiguities identified by the AVPA to create a more effective regulatory framework.

The debate over age verification and online content regulation is far from over. Stakeholders, including lawmakers, advocacy groups, and industry representatives, must work collaboratively to develop solutions that effectively protect minors while respecting the rights of adults.