A bill recently passed by the Tennessee Senate could significantly alter how residents access “adult-oriented” websites, sparking concerns over privacy and constitutional rights. The “Protect Tennessee Minors Act” (SB 1792), introduced by Sen. Becky Duncan Massey (R – Knoxville), mandates stringent age verification measures for users attempting to access adult content online.

The bill, which has now been approved, requires websites hosting sexually explicit content to implement age verification methods. Users will need to upload a photo ID, such as a driver’s license, and undergo a liveness test that matches their photo to the ID or provide transactional data like mortgage payments or paystubs to verify they are at least 18 years old. The legislation specifies that user IDs must be kept anonymous after verification.

The Senate passed the amended version of the bill on April 9, 2024. One significant amendment removed the Tennessee Department of Safety from overseeing the verification process to reduce costs, leaving enforcement to the Attorney General’s office. The bill’s fiscal note indicates that while exact business expenditure increases are uncertain, the state may incur around $29,900 more in incarceration fees.

Sen. Raumesh Akbari (D – Memphis) raised questions about user privacy protections during Senate discussions. Despite assurances that IDs would remain anonymous, concerns persist about the security and potential misuse of personal data.

Similar laws in states like Louisiana and Texas have faced legal challenges. In Texas, the law was temporarily blocked following a lawsuit by Pornhub and other organizations, which argued that the age verification requirements were ineffective and harmful to content creators. A statement from Pornhub, provided to NBC News, criticized the Texas law as “ineffective, haphazard, and dangerous,” asserting that it would fail to protect children while stifling legal adult content creation.

The American Civil Liberties Union (ACLU) has also sued Texas over its age verification law. In Tennessee, the bill requires that any website hosting content deemed “harmful to minors” must verify users’ ages. The definition of harmful content includes any material that is sexual or depicts sexual organs and lacks “serious literary, artistic, political, or scientific value for minors.”

The Tennessee legislation further stipulates that websites must retain at least seven years of anonymized age-verification data while strictly prohibiting the retention of personally identifying information. Non-compliance with these provisions would be classified as a Class-C felony, exposing offenders to both criminal charges and private lawsuits.

Sen. Massey, speaking during a committee meeting, clarified that users could utilize any acceptable state-issued ID, not necessarily a Tennessee ID. She emphasized the importance of protecting minors from exposure to pornography while maintaining constitutional safeguards.

“The precise increase in business expenditures cannot be quantified with reasonable certainty,” stated the bill’s fiscal note, reflecting ongoing concerns about the financial impact on businesses.

The bill will take effect on January 1, 2025.

The “Protect Tennessee Minors Act” represents a significant legislative effort to regulate access to adult content online, aiming to protect minors while raising substantial privacy and constitutional concerns. As Tennessee moves towards implementing this law, the debate over its effectiveness and impact on privacy rights continues to unfold.

Latest Action: The Governor approved the bill on May 28, 2024, with the law set to take effect on January 1, 2025.

Enforcement:

• Criminal penalties (Class C felony)
• Private lawsuits

Age Verification Mechanisms Allowed:

• Government ID with a liveness test
• Transactional data

Re-verification Requirement: After each 60-minute session.

Yes, you read that right; it means you’ll not only need to verify your age to access adult content, but you’ll also need to continue to reverify every time you want to reaccess adult content each time you want to log back into the website. If you’ve been viewing adult content for longer than an hour in a single sitting, then you’ll also need to verify your age at that time.