The Free Speech Coalition (FSC) has officially withdrawn its support for North Dakota Senate Bill (SB) 2380, citing concerns over lawmakers’ decision to replace a device-based age verification model with a site-based system.
The adult industry trade group had originally backed the bill, which would have required phones, tablets, and other internet-enabled devices to verify the user’s age—blocking children from accessing adult content at the device level. However, following legislative changes that shift the responsibility to adult websites, the FSC announced Thursday that it can no longer support the bill.
The initial version of SB 2380 proposed a device-based age verification (AV) model, where operating systems or manufacturers would determine a user’s age and automatically restrict access to age-inappropriate material.
FSC had endorsed this approach, arguing that:
Earlier this week, North Dakota lawmakers amended SB 2380, removing the device-based model and replacing it with a site-based AV system, which:
The Free Speech Coalition strongly opposes this shift, arguing that site-based AV laws:
In its withdrawal announcement, the FSC expressed frustration with North Dakota lawmakers:
“The adult industry recognizes that device-based age verification is the only solution that can effectively prevent children from encountering adult content while protecting the privacy and constitutional rights of adults.”
“We’re disappointed that legislators in North Dakota chose to prioritize the concerns of Big Tech over the needs of their constituents.”
The FSC’s decision to withdraw support comes just days after the North Dakota Legislature declared pornography a public health hazard, signaling a broader push for restrictive online content laws.
With FSC no longer backing SB 2380, the bill is now expected to face greater resistance from free speech and digital rights organizations.
Despite FSC’s withdrawal of support, North Dakota lawmakers are expected to move forward with the revised bill, which could pass in the coming weeks.