JEFFERSON CITY/SPRINGFIELD, Mo.—Missouri Attorney General Andrew Bailey, a far-right Republican, today published his proposed age verification rule to the Missouri Register. His office originally announced the regulation would be published on May 1, but it was delayed with no notice.
As AVN reported earlier in April, Bailey promulgated a consumer protection regulation that requires so-called "dual-level" age verification for all websites that host material classified as harmful to minors. This classification covers pornography and adult sexual content. However, as additionally noted by this author for both AVN and The Kansas City Star, "dual-level" doesn't exist. Iain Corby, executive director of the Age Verification Providers Association, confirmed that dual-level age verification is not currently possible.
Upon initial review of the proposed regulation, there is no mention of "dual-level" age verification, suggesting that Bailey and his office fielded feedback and criticism. Rather, there is proposed guidance on various approaches to age verification, including "device-side" age verification and more traditional "reasonable" age verification strategies.
Additionally, the proposed rule highlights how private companies governed under the regulation note that the cost would be "$384,000 per month ($4,608,000 on an annual basis) for [pornography] distributors." While the rule is simply proposed at this point, the approach Bailey has taken is considerably extreme compared to other states with age verification laws in place. Bailey used his power as an elected attorney general to determine what is best for the "public interest," rather than try to enact it through the traditional legislative process.
And Bailey's definition of what best serves the public interest does not necessarily have to be in the name of what the public demands he do—state attorneys general have considerable power.
A spokesperson for adult industry trade group the Free Speech Coalition declined to comment on Bailey's proposed rule, citing that they need to review the proposal.
