The Growing Wave of Age Verification Lawsuits in the U.S.

Published November 27, 2024

Words by Aiste Joksaite

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U.S. lawmakers have turned their attention to protecting minors online, leading to the implementation of strict age verification regulations. While these regulations aim to safeguard children from harmful content and online exploitation, they have also sparked a series of legal battles. Businesses, privacy advocates, and tech companies are increasingly filing lawsuits, arguing that these rules infringe upon privacy rights, free speech, and create undue regulatory burdens. This article explores the current lawsuits arising from these regulations, their potential implications, and what the future might hold for online age verification in the United States.

The Rise of Age Verification Laws

Online platforms have long been criticized for providing unfettered access to potentially harmful content, such as pornography, violence, and other mature themes. In response, several U.S. states have implemented new laws requiring strict age verification to protect children from these online dangers. Among the most prominent are laws enacted in states like Utah, Texas, Louisiana, and California, which mandate age checks before users can access adult or potentially harmful content online.

While these regulations reflect growing concerns over children’s digital safety, they have also created new complexities for businesses and users alike. For many platforms, implementing these age verification systems requires collecting and storing user data, raising serious privacy concerns. At the same time, opponents of the laws argue that requiring identification before accessing certain content can undermine the principles of anonymity and free speech online.

Major Lawsuits: Key Cases and Legal Arguments

The rapid implementation of these new laws that require reasonable age verification methods has not been without backlash, and several lawsuits have already emerged in both the Federal Court and the Supreme Court challenging their constitutionality. Below are some of the most notable cases currently making their way through the courts.

Free Speech Coalition v. Utah

In early 2024, Utah’s age verification law became a flashpoint for litigation when the adult entertainment industry challenged the state’s regulations. The lawsuit was filed by the Free Speech Coalition (FSC), an organization representing adult industry stakeholders. The FSC argued that the law violates the First Amendment by placing undue restrictions on access to lawful adult content. According to the FSC, requiring age verification could create a chilling effect, discouraging legal adult consumers from accessing such material and infringing on their free speech rights.

In addition to First Amendment concerns, the plaintiffs also argue that Utah’s law invades users’ privacy. Requiring personal identification—such as government-issued IDs or facial recognition—creates potential risks for users’ sensitive data to be exposed, hacked, or misused.

NetChoice v. Arkansas

Another pivotal case arose in Arkansas, where NetChoice, a tech trade association representing major platforms like Google and Meta, challenged the state’s age verification law. Arkansas implemented a requirement for social media platforms to verify users’ ages before allowing access, a move that NetChoice claims is overly burdensome and unconstitutional.

NetChoice’s primary argument is that the law violates the Commerce Clause of the U.S. Constitution, which gives Congress—not the states—the power to regulate interstate commerce. The lawsuit contends that forcing companies to comply with a patchwork of state regulations disrupts their ability to operate across the nation. The case also raises significant privacy concerns, echoing similar arguments made in Utah, and claims that the law unnecessarily infringes upon users’ online autonomy.

Free Speech Coalition v. Texas

The Texas age verification law has also found itself embroiled in legal battles. Like similar age verification laws, the Texas law requires age verification for access to adult content. Once again, the Free Speech Coalition has challenged this legislation, arguing that it imposes unconstitutional restrictions on both consumers and content creators. Texas’s law has faced similar criticisms regarding privacy risks, as it demands that companies collect and verify personal information before granting access.

In this lawsuit, a key legal argument revolves around the vagueness of the law. The plaintiffs claim that the legislation is unclear in its application, making it difficult for platforms to comply without violating users’ rights. Additionally, they argue that less restrictive means—such as parental controls—would be more effective without placing such onerous requirements on businesses and individuals.

Privacy Concerns and Data Security Risks

A central issue driving many of these lawsuits is the impact of age verification on privacy. Forcing users to submit personal data, such as government IDs, biometric information, or other sensitive identifiers, raises the question of whether these regulations put people’s privacy at risk.

Data Breaches and Hacking Threats

Age verification systems often require the storage of sensitive information, and this makes them attractive targets for hackers. In an era of rampant data breaches, opponents argue that requiring platforms to collect additional personal data will only exacerbate the risks. If breached, such data could be used for identity theft, financial fraud, or even extortion.

Anonymity and Free Speech

Anonymity has long been a pillar of the internet, allowing individuals to access information or express themselves without fear of reprisal. Age verification laws that require identification before accessing certain types of content challenge this anonymity, creating a chilling effect on speech. Critics worry that users will hesitate to seek out controversial or sensitive information if they know their personal data is being tracked.

The Future of Age Verification Laws: What’s Next?

As these lawsuits wind their way through the courts, they are poised to set important precedents that could shape the future of online age verification in the U.S. If the courts side with plaintiffs like the Free Speech Coalition or NetChoice, it could slow or halt the rollout of new age verification regulations, especially if they are deemed unconstitutional. However, if the courts uphold these laws, platforms may need to adopt sweeping new compliance measures across the nation, dramatically altering how content is accessed and consumed online.

Several other states are already considering similar laws, with California’s Age-Appropriate Design Code and Florida’s social media regulations setting the stage for more legal clashes. These emerging laws suggest that the age verification debate is far from over, and we are likely to see more litigation as different states experiment with various regulatory frameworks.

To help companies familiarise themselves with age verification laws, Ondato has prepared a report on the current age verification regulations worldwide.

Age Verification Regulations Worldwide

Last Thoughts

The current wave of lawsuits stemming from U.S. age verification regulations highlights the complex tension between protecting minors online and safeguarding constitutional rights like free speech and privacy. As courts begin to weigh in on these issues, the decisions they make will have far-reaching implications not only for businesses and tech companies but also for how users experience the internet. Whether these laws ultimately stand or fall, they represent a growing recognition that the digital landscape requires careful and thoughtful regulation to balance safety with freedom.

As the legal battles unfold, one thing is clear: the intersection of online safety, privacy, and constitutional rights will continue to fuel heated debate and ongoing litigation in the years to come.

Published November 27, 2024

Words by Aiste Joksaite

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