North Dakota lawmakers have backed off from a device-based age verification (AV) proposal in favor of a site-based approach, aligning the state with other conservative-led legislatures that have pursued similar laws targeting online adult content.

Sen. Keith Boehm (R), the lead sponsor of Senate Bill 2380 (SB 2380), announced his decision to amend the bill, shifting away from requiring internet-enabled devices and app stores to verify user age. Instead, the revised bill will now require adult websites to implement age verification measures—mirroring laws in Utah, Texas, and several other states that have led to legal challenges.

Initially, SB 2380 proposed a device-level AV model, where smartphones, tablets, and computers would be required to determine the age of their primary user and signal websites whether that user was a minor.

The Free Speech Coalition (FSC), a major industry trade group, had endorsed the original device-based model, calling it a “common-sense solution” that would protect privacy by preventing websites from collecting user data while still blocking minors from explicit content.

However, the bill faced strong opposition from tech industry groups, including:

• NetChoice (a free-market tech advocacy organization)
• The BroadBand Association of North Dakota
• The App Association
• The ACLU of North Dakota

During a recent Senate hearing, BroadBand Association representative Carissa Swenson argued that site-based age verification is a more effective approach, stating:

“It’s working in 19 other states. Put the onus on them. They’re the ones who need to make sure that you’re of age in order to view those sites.”

Boehm later told the committee that the technology for device-based AV “is not mature yet” and that the pushback from industry groups was overwhelming.

“The reason we went with the device-based is because that is not in litigation, and we actually had the infamous Free Speech Coalition say that it wasn’t going to get litigated,” Boehm explained. “But it’s a bridge too far at this point.”

SB 2380 will now shift responsibility to adult websites and require them to implement “reasonable” age verification measures before allowing users to access explicit content.

Acceptable verification methods may include:

• Government-issued ID checks
• Credit or debit card verification
• Biometric age confirmation (such as facial recognition)
• Websites that fail to comply could face legal action from the North Dakota Attorney General’s office.

The shift to site-based age verification aligns North Dakota with 19 other states that have passed similar laws in the past two years, many of which are based on model legislation written by religious conservative groups.

However, this approach has also led to major legal battles, including:

Texas: A federal judge blocked its AV law in 2023, ruling that it violated the First Amendment.

Utah, Louisiana, and Arkansas: Pornhub and other adult platforms blocked access entirely rather than comply with age verification requirements.

Free Speech Coalition v. Paxton: The ongoing Supreme Court case that will determine whether AV laws violate free speech protections.

ACLU of North Dakota remains strongly opposed to SB 2380, arguing that forcing websites to collect user data threatens online privacy and could lead to:

• Data breaches exposing users’ sensitive information.
• Government overreach into constitutionally protected speech.
• Restricting access to non-pornographic but adult-oriented content, including sexual health and LGBTQ+ resources.

If SB 2380 passes in its new form, it is highly likely to be challenged in court, as similar laws in Texas, Utah, and Louisiana have been.

The revised bill may win approval from North Dakota’s Republican-dominated legislature, but it sets the stage for another legal fight over free speech, privacy, and online access.