On July 1, new age verification mandates will take effect in Idaho, Indiana, and Kansas, followed by Kentucky on July 14 and Nebraska on July 18. These laws require adult websites to implement stringent identity verification measures to ensure that users are over the age of 18.

Failure to comply can result in private lawsuits and, in some states, civil penalties imposed by state attorneys general.

The verification methods authorized by these laws are not uniform, reflecting a variety of approaches to ensure age compliance.

In Idaho, “reasonable age verification methods” include:

• Digitized identification cards: A data file available on a mobile device through a state-approved application.
• Commercial age verification systems: These can verify age using government-issued identification or public/private transactional data, which may include records from mortgage, education, and employment entities.

Indiana’s law defines a “reasonable age verification method” as:

• Mobile credentials
• Independent third-party age verification services: These services compare user information with databases used by government agencies and businesses.
• Commercially reasonable methods: These methods rely on transactional data to verify age.

Kansas requires age verification through:

• Commercially available databases: Regularly used by businesses or governmental entities.
• Commercially reasonable methods: Approved by the attorney general or certified by international standards for age verification.

Kentucky’s law stipulates age verification via:

• State-issued identification
• U.S. government-issued identification
• Commercially reasonable methods: These methods utilize transactional data to verify age, including records from mortgage, utility, and education entities.

Nebraska’s approach includes:

• Digitized identification cards
• Government-issued identification
• Financial documents or other reliable proxies for age
• Commercially reasonable methods: Using transactional data to verify age.

The Free Speech Coalition has already filed a legal challenge against the law in Indiana and is considering similar actions in other states. The coalition hopes to secure a preliminary injunction to prevent the Indiana law from taking effect on July 1. However, businesses should prepare for enforcement as scheduled until a ruling is made.

Industry critics argue that these laws pose significant privacy risks by requiring platforms to collect sensitive personal information, such as government IDs and face scans. This data could potentially be exploited by hackers and enemy governments, putting user privacy at risk.

Paul Taske, a litigator at NetChoice, emphasized the dangers: “Age-verification requirements for social media companies increase the risk that users will be targeted by hackers because their data is valuable. And where data is required to be stored by law, those places become prime targets for the next attack.”

As more states adopt age verification laws, the debate over digital privacy and parental responsibility intensifies. While the intent behind these laws is to protect minors from accessing inappropriate content, the potential for privacy breaches and the burden on users and businesses raise significant concerns.

Critics argue that alternative strategies, such as parental education and digital literacy programs, may offer better solutions without compromising privacy. As these laws take effect, industry stakeholders and privacy advocates will closely watch the ongoing legal battles and their outcomes.

For now, the implementation of these laws marks a new chapter in the regulation of online content, highlighting the complex balance between protecting minors and preserving digital privacy.

You can follow the Free Speech Coalition on X at @fscarmy.