The web is filled with dangers — this is a fact.
Among the vast amount of content available to us is a mix of legal, illegal, and ambiguous material—commonly described in general terms as “harmful.” This type of content may be suitable for individuals with a fully developed prefrontal cortex but is not necessarily something you would want children to come across.
Previously, obtaining this type of content was straightforward, irrespective of one’s age. You could simply check a box stating you are over 18 or 21, or enter a fake birth date without any difficulty. However, this is starting to shift.
Last month, the UK joined a select group of nations in requiring technology companies to confirm the age of users accessing online platforms where they could encounter harmful content, such as explicit material. As a British national, I found myself needing to validate my age on Bluesky and Reddit within the initial days the regulations took effect. This is only the beginning.
No matter where you reside, age verification is on the horizon. Many states throughout the United States are either examining or implementing age verification regulations. The current situation is a mix of established rules, some still in development, and many aspects yet to be determined.
One certainty is that age verification will affect your online activities at some point soon, or it may have already begun. Here’s what you should be aware of.
What are the advantages and disadvantages of age confirmation?
The clear and direct argument supporting age verification is that we must create a safer online environment for children.
The counterarguments are more intricate and diverse.
Concerns regarding privacy involve questions about the safety of your data storage and handling during the verification procedure (see theTea App data breach), and expand to whether the systems being implemented might be utilized to monitor individuals’ online activity.
Uncertainties persist regarding whether labeling something as “harmful content” might prevent individuals from accessing crucial information, including topics like sex education, health-related material, and political content. This could potentially constitute a violation of free speech.
Critics also claim that restricting access to legal adult material could lead individuals, including minors, to seek out illegal content instead — possibly directing them toward more hazardous areas of the web.
Organizations focused on online rights, such as the Electronic Frontier Foundation and the Open Rights Group, have expressed concerns regarding the risks associated with age verification laws and are monitoring their effects as these regulations take effect.
How is age confirmation carried out?
There are several ways you could be required to confirm your age online. This might include presenting a government-issued ID; conducting checks through banking, mobile service providers, or credit card companies; or utilizing a digital identity platform where your verified age is kept in a digital wallet.
You might also be required to use technology that estimates your age, such as email verification that can connect you to utility companies you are registered with. More frequently, you may need to provide a selfie, which will be examined to estimate your probable age. This technology is not entirely reliable — following its implementation in the UK, there were reports of individuals tricking the system by showing it characters from video games.
Some technology companies are developing their own unique solutions to confirm users’ ages, while the more widely used method involves using external services that focus on digital age verification.
In many instances, verification is implemented to age-check specific features—such as direct messaging—to restrict access for children, rather than completely preventing their access. In other cases, particularly for pornography and adult content websites, it may be utilized to entirely prevent access.
Is your state implementing age verification policies?
At least 41 bills related to age verification have been debated, proposed, rejected, or enacted at the state level in the United States. Several states have tried introducing legislation multiple times, meaning this number does not indicate the total number of states involved in the topic.
Pioneering the effort was Louisiana, which in 2022 mandated that websites categorizing over 33.33% of their content as adult must verify users’ ages. This set off a wave of additional legislation. If you’re interested in seeing whether your state is acting, you can check out theFree Speech Coalition’s Age Verification Legislation Monitor.
One particularly significant event during the surge of age verification laws took place in June of this year. After two years of legal disputes, the Supreme Court approved a 2023 Texas law that mandates adult content websites to confirm users’ ages. The decision stated that minors do not possess a First Amendment right to view sexual material, and it is expected to encourage other states to adopt similar measures.
There have also been two attempts to introduce federal legislation through bills proposed bySen. Mike Lee of Utah and Rep. Greg Steubeof Florida, both in 2023. Neither has moved beyond this initial phase yet.
It could be argued that federal laws would be simpler for individuals to grasp and for technology companies to follow compared to the multitude of regulations emerging from state levels.
How are technology companies reacting?
Tech firms face a difficult issue when it comes to confirming users’ ages. Following prolonged demands to safeguard younger individuals on their platforms, they are, in certain instances, required by law to implement such measures—and may face consequences if they don’t adhere.
In the United Kingdom, businesses have the freedom to select their own verification methods, with most services being offered by external companies like Yoti. The regulations go beyond adult content websites and apply to social media platforms as well—this is why I needed to confirm my age to access Bluesky and Reddit, allowing me to use direct messages on the former and enter specific subreddits on the latter.
In the United States, Bluesky is facing challenges in adhering to local regulations. Last week, the company announced it would restrict access to its platform for users with Mississippi-based IP addresses due to the state’s age verification law.
It stated that Mississippi’s method would significantly alter how users interact with Bluesky,blog postAlthough we understand this is frustrating for our users in Mississippi, we feel this step is essential as the courts examine the legal issues.
It’s not the only online service that’s been deterred from operating in specific jurisdictions because of age assurance rules. Pornhub is currently restricted in 21 US statesdue to different local regulations, it believes it is unable to adhere to them.
That’s not to say age assurance laws automatically preclude these services from operating. Bluesky is still able to operate in the UK, for example. Meanwhile Pornhub can still be accessed in Louisiana, the first state to introduce age verification rules, because of the state’s reliance on third-party system LA Wallet to verify people’s ages, rather than requiring Pornhub to introduce its own system.
Certain technology firms are staying ahead of regulatory requirements by voluntarily implementing age verification techniques throughout their platforms.
Last month, the gaming platform Roblox, which has faced criticism for not adequately ensuring children’s safety,introduced age verificationfor teenagers looking to communicate with each other. Also in July, YouTube launched itsAI-powered age-estimation technologyto assess if audiences are under 18, and limit specific content accordingly. On aFacebook support page, information on age verification methods indicates that Meta is also getting ready to implement more specific measures to ascertain the ages of users on its platforms.
Is it feasible to skip the age check?
Just like death and taxes, online age verification is rapidly becoming an unavoidable part of life. However, this doesn’t imply that everyone is following the rules.
The main approach individuals are taking to circumvent confirmation isvia VPNsDuring the week the UK’s Online Safety Act took effect, free VPNs climbed high on Apple’s App Store charts, indicating that many individuals were trying to bypass age verification processes.
We do not suggest using free virtual private networks, as they tend to provide slower speeds and gather your information, buta paid alternativemight be a suitable choice for you if you’re committed to placing your privacy above all else.
