LAS VEGAS—Leading adult entertainment industry and sex workers' rights activists and stakeholders unpacked the ever-compounding issue of age verification during a noteworthy panel held for industry stakeholders during the first day of AVN's Adult Entertainment Expo (AEE) on Jan. 21. (photo galleries)
Moderated by this report's author, AVN contributing editor Michael McGrady Jr., the panel was aptly titled "The State of Age Verification: Compliance and Vigilance."
Those seated on the panel were a diverse array of legal and compliance experts, including Corey Silverstein of Silverstein Legal, Lawrence Walters of Walters Law Group; Mandy Salley of the human and sexual rights NGO, the Woodhull Freedom Foundation; Free Speech Coalition (FSC) executive director Alison Boden; and Association of Sites Advocating Child Protection (ASACP) executive director, Tim Henning.
Held in the business lounge adjacent to The Theater at The Virgin Las Vegas, McGrady and the six experts provided an engaging and educational session for dozens of audience members on the current status of one of the most pressing issues the collective adult entertainment industry faces, as well as mainstream tech spaces.
Panelists initiated the conversation in response to questions about the landmark U.S. Supreme Court decision in Free Speech Coalition et al. v. Paxton. As AVN reported, previously, FSC and a plaintiff class of the largest adult entertainment tube websites and their parent companies sued Texas Attorney General Ken Paxton, a Republican.
Paxton was tasked with defending a controversial age-verification law, House Bill (HB) 1181, adopted by the state's conservative supermajority.
"If you're a website operator, you have to look at what's going on, you have to look at more than just active laws," shared Silverstein during the panel.
"You have to adjust, look at your business, do traffic analysis, and see where your traffic is coming from, and focus on compliance from those places. But ultimately, you have to pay attention not just to the laws but where they're actively chased and what they're doing in those states," the leading First Amendment attorney noted.
What Silverstein alludes to is the so-called "post-Paxton" legal landscape regarding age verification and general child safety initiatives moving forward. This topic clearly dominated much of the panel's conversation. As AVN has extensively reported, 25 of the 50 U.S. states have age verification laws that explicitly target pornography or content "harmful to minors" in varying severity and scope. After the panel, many participants shared with AVN what they considered a key takeaway.
Salley, a newcomer to the Adult Entertainment Expo, was elated at the insights shared by the others.
"Age verification laws raise serious free speech and privacy concerns, and we were honored to share Woodhull's expertise and front experience opposing this harmful legislation alongside industry leaders at AVN," said Salley. "Woodhull will continue to challenge these laws in state houses across the country, bringing facts, not fear, to lawmakers."
She also plugged Woodhull's flagship information campaign for lawmakers and policymakers, "Fact Checked by Woodhull," a series of vetted and reviewed digests of existing research on human sexuality, human rights, sexual expression, and intersecting issues, such as upholding First Amendment protections.
Boden, a mainstay in the industry as the executive director of FSC, added to the same sentiment. She said, "The panel was a great opportunity to hear from industry members and answer their questions on age verification. The most important message, I think, is that compliance is not optional," for adult companies.
"The consequences are simply too severe to take chances," Boden urged.
Walters, another nation-leading First Amendment attorney who often teams up with Silverstein and the various stakeholders on the panel, said the legal fight isn't over.
"The AVN age verification panel covered a broad range of related topics, including how the industry got where we are, compliance recommendations, pending legislation, legal analysis, and the future trajectory," said Walters in an email he sent to AVN after the panel.
"In the coming year, we expect to see a race to the bottom as far as the cost of age-verified users, with some predicting the services may become free of charge and supported by advertising," he advised. Given the likely enforcement actions by state AGs and civil lawsuits, industry compliance is likely to become more widespread."
On the industry-funded child protection front and the world-leading RTA labeling program housed under ASACP, Henning provided a response that aligned with those sentiments. He said, "Age verification is quickly evolving and is a complex challenge for industry members to navigate. My best advice is to stay informed and seek expert advice from your attorney. In its current form, with multiple jurisdictions to comply with, it’s too complex to navigate on your own. I also recommend exploring several age verification solutions and choosing more than one to offer your end users, so they can choose the ones they prefer."
Henning further plugs the importance of these issues and how the ASACP can help.
"Age verification technologies are continually evolving, and there are new solutions that preserve end-user privacy while offering lower friction for the end user," he said. If you are not currently an ASACP member, join. Guardian membership is only $600 per year. ASACP keeps our members up to date on new and changing AV legislation and on evolving AV technologies. Our members also enjoy significant discounts on some of the best AV solutions being offered."
Note: AVN Media Network is a platinum sponsor of the Association of Sites Advocating Child Protection. The author previously volunteered for ASACP.
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