California Lawmakers Introduce a Device-Based AV Bill

SACRAMENTO, Calif.—Lawmakers in the California State Assembly introduced a device-based age verification measure, Assembly Bill (AB) 1043, on March 28.

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AB 1043 was proposed by Asm. Buffy Wicks, a Democrat from Oakland, and Sen. Tom Umberg, a Democrat from Santa Ana. 

If adopted by the state legislature and signed by Gov. Gavin Newsom, the bill would require device makers and app stores to confirm the ages of users and offer an API that allows mobile applications and websites to verify whether a user is under 18.

Adult entertainment platforms would also be required to use this information to ensure the delivery of age-appropriate content.

Violations could result in fines of up to $2,500 per child for negligence, and up to $7,500 per child for any degree of intentional noncompliance.

What this means is that AB 1043 could potentially realize an age verification method that is supported by several major companies in the online adult industry. For example, Pornhub's parent company, Aylo, has endorsed device-based age verification measures instead of website-level measures like age-estimation scans and ID checks.
 
The Free Speech Coalition has also floated support for device-based age verification as an alternative to website-level measures preferred by age verification providers.

"The companies and organizations pushing website-based age verification laws are simply on the wrong side of this debate," Alison Boden, executive director of the trade group, told AVN in a previous analysis on the deepening political divides between the adult and age verification industries.

"There's a growing consensus that device-based solutions are the best way to keep kids away from inappropriate material while protecting user privacy," Boden added. "Rather than work with us to create a workable policy that would support their stated goal—keeping children from seeing age-inappropriate material—lawmakers have exposed their true motives by allying with religious extremists, age verification providers, and big tech."