The Free Speech Coalition (FSC) has officially withdrawn its opposition to California’s age-verification bill, AB 3080, following significant amendments secured through months of negotiations with the bill’s author. The critical amendment was heard recently by the Senate Judiciary Committee, marking a pivotal moment in the legislative process.

AB 3080 initially mandated platforms to verify users’ ages using government-issued IDs, non-prepaid credit cards, or a designated-adult account system. These requirements raised substantial privacy and feasibility concerns among stakeholders. However, the newly introduced amendment offers additional compliance options for platforms:

1. Metadata and Response Headers: Platforms can now use metadata or response headers to identify sexually explicit content. This identification can then be utilized by parental control software, embedded hardware applications, and similar services designed to block or filter inappropriate online content for minors.
2. Operating System Blocking: Alternatively, platforms can block users identified as minors by the operating system of their device.

Alison Boden, Executive Director of FSC, expressed optimism about the amendment, stating, “The new language encourages compliance and acknowledges the work that the industry has done and will continue to do to prevent minors from accessing adult sites. We know that filters are far more effective at blocking adult content than platform-level verification, which has limited reach and is easily circumvented.”

With these amendments, adult sites are no longer required to perform expensive and invasive age verifications on Californians. Instead, they can employ meta tags or HTTP response headers to label explicit content. For instance, tags like <meta name="rating" content="adult" /> or <meta name="rating" content="RTA-5042-1996-1400-1577-RTA" /> will suffice to comply with the law.

Additional amendments introduced by the committee have shifted the enforcement responsibilities from local prosecutors to the state attorney general. Furthermore, the effective date of the law has been delayed until January 1, 2027.

Alison Boden reiterated FSC’s revised stance, saying, “While we still have concerns about some of the law’s provisions, we’ve formally withdrawn our opposition in response to the inclusion of the amendment. We thank the bill’s author, Asm. Juan Alanis, his staff, and the members of the Senate Committee on the Judiciary for working with us to address our concerns and providing a solution that respects the rights of legal adult businesses and the privacy of consumers.”

The legislative journey of AB 3080 has been closely watched due to its implications for privacy, digital rights, and the operational practices of adult content platforms. The original bill’s stringent verification measures sparked debate over the balance between protecting minors and preserving adult privacy. The FSC’s persistent advocacy and negotiation efforts have resulted in a more balanced approach that considers the complexities of digital age verification.

The FSC’s collaboration with legislators highlights the importance of dialogue and compromise in shaping policies that impact both industry practices and consumer rights. As the amended bill progresses, it sets a precedent for how digital content regulation can evolve to address both protection and privacy concerns.

Follow the Free Speech Coalition on X at @fscarmy.