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FSC Clarifies: California’s Device-Based Age Verification Law Does Not Apply to Adult Websites

LEGAL NEWS STRAIGHT

The Free Speech Coalition (FSC) issued a statement clarifying that California’s newly signed age-verification law, AB 1043, will not apply to adult entertainment websites, despite widespread industry concern following the bill’s passage earlier this month.

The law, known as the Digital Age Assurance Act, was signed by Governor Gavin Newsom on October 13. It requires device manufacturers and app stores, including Apple, Google, and others, to collect users’ ages when new devices are set up. They must then share that information with apps through a standardized API, allowing apps to manage the delivery of age-appropriate content.

California

In its announcement, the FSC confirmed that websites are excluded from the bill’s requirements after lawmakers removed relevant language during final negotiations.

“California’s recently passed age-verification bill, AB 1043, does not apply to adult websites,” the FSC said. “The bill requires device manufacturers and app stores to collect a user’s birthdate or age and provide an API for apps (but not websites) to determine whether a user is under 18 years old.”

The FSC added that the measure’s earlier drafts had included a provision to extend the age signal API to websites, including adult content platforms. Still, that section was removed by amendment before passage.

“While the bill had originally included language that would require the age signal API be made available to adult websites, a last-minute amendment removed that provision,” the FSC noted.

The organization has long supported device-level age verification as a privacy-respecting alternative to the ID-based age-gating systems currently being introduced in other U.S. states, such as Utah, Texas, and Louisiana. Those state laws have triggered a series of court challenges from the adult industry on First Amendment and privacy grounds.

The FSC reiterated its view that device-based age verification, if implemented fairly, could ultimately help adult websites comply with child protection laws without forcing users to submit sensitive personal data directly to adult platforms.

California’s Digital Age Assurance Act will officially take effect on January 1, 2027.


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