The growing movement among states to require age verification before accessing pornographic websites has reached groundbreaking heights as Missouri is set to become the first state in the nation to require dual age verification on both the site itself and the internet device accessing the site.
Last week, Missouri Attorney General Andrew Bailey (R) announced that a new rule would be issued under the state’s Consumer Protection statute stipulating that all commercial pornographic websites must verify that the age of a user of their site is, in fact, an adult over the age of 18 on both the website itself and on the user’s internet-capable device. The rule also requires that porn sites immediately delete all age-related data from their sites after a user’s age has been verified.
The new rule is the first of its kind in the U.S. Currently, 21 other states have passed laws requiring porn sites to verify the age of users before allowing access, but none require a dual age verification procedure.
“I want Missouri to be the safest state in the nation for children, and we’ll use every tool at my disposal to make that happen,” Bailey told Family Research Council President Tony Perkins during Wednesday’s edition of “Washington Watch.” “This rule is about protecting kids and reinforcing parental rights to determine what is appropriate for our children to be exposed to. There are smut peddlers across this country who have flooded the internet with explicit imagery and websites that are dangerous for children, quite frankly. And so, it’s important that we have age verification before youth are able to access these sites. This is the strongest age verification rule in the United States of America.”
Studies show that the rate at which minors are exposed to pornography is exceedingly high. One survey found that 73% of teens aged 13-17 had consumed pornography, with 15% saying they viewed porn at age 10 or younger and 54% saying they viewed it at 13 or younger. The same survey found that 52% of 13 to 17-year-olds “saw violent pornography including choking (36%), someone in pain (37%), or depictions of what appeared to be rape (19%).”
Organizations like the National Center on Sexual Exploitation (NCOSE) say they welcome laws like the new Missouri rule and encourage more states to follow suit. “We support any constitutional effort to prevent kids from accessing pornography online — whether at the website level or device level,” Tori Hirsch, legal counsel for NCOSE, told The Washington Stand. “States should take a ‘belt and suspenders approach’ to solving this problem, age verifying at the website level, device level, and app store level.”
Bailey further acknowledged that the new rule is likely to be challenged in court, but he believes it stands on firm legal ground.
“Look, there’s a lot of money to be made in this industry,” he pointed out. “And for too long, these people have made it way too easy for children to access these materials. … [A] lot of people say, ‘Look, freedom on the internet is important, and you shouldn’t be passing a rule in one state that interferes with other states’ ability or individuals passing through a state to be able to access these websites.’ But … if I go on to a website that sells firearms or ammunition, New York and California passed laws that I have to prove I’m 18 before I can access a gun website, and there’s a constitutional right to keep and bear arms. And so, all we’re saying is that there’s got to be some kind of safeguard in place.”
The rule is scheduled to be published on May 1 and will go into effect 90 days later after a comment period. “[W]e’re confident in our legal authority,” Bailey noted. “Our state statute provides broad authority for the Missouri Attorney General’s office to promulgate rules to protect consumers in the marketplace, and specifically from activities like these.” He also highlighted how the new rule “prevent[s] data harvesting or online tracking” and requires search engines “to block explicit images unless the user can provide that age verification.”
“[T]here are robust protections for the consumers and for children, and to enforce parental rights,” he added.
As to whether or not the new rule will be able to be enforced against porn companies operating offshore, Bailey expressed confidence that it would.
“We have broad authority to issue investigatory subpoenas to any entity that we have reason to believe may be violating our state consumer protection law,” he explained. “And we’ve used that in the past, and it’s been upheld by the courts. … And there are both civil and ultimately criminal penalties for violations. … [F]oreign actors who do business in the United States of America subject themselves to the laws of the United States of America to include state Consumer Protection code.”
Bailey concluded by underscoring how important protective measures against porn are for minors in light of how widespread and serious the issue has become.
“Everyone knows, based on the documentation in the public domain, the dangerous health outcomes — mental and physical, [the] inability to reach full maturity — from children being exposed to pornography, and that the age at which children have been exposed to pornography has gotten lower and lower in the past years,” he lamented. “With its increased availability online, we know that the average age of exposure is 11 to 12 years old. Now that’s too young. … We’ve got to do more.”
Dan Hart is senior editor at The Washington Stand.