Biometrics Porn: a new standard for accessing PornHub

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The US Court of Appeals upheld the law on age verification for porn sites.

The U.S. Court of Appeals ruled that the introduction of mandatory proof of age for access to pornography does not violate the First Amendment to the Constitution.

The controversial HB 1181 law has been amended to require users to verify their age with a photo of their ID card. Critics of the law have expressed concerns about privacy and possible interference with free speech.

By its decision, the Fifth Circuit Court of Appeals (considering cases in the states of Louisiana, Mississippi and Texas)reversed the previous order of the district court, which temporarily stopped the law. The Court of Appeal concluded that requiring proof of age is a reasonable way to restrict minors access to pornography:
  • the use of biometric age verification by analyzing facial features in combination with verification of identity cards is permitted under Law HB 1181 ("on restricting access to sexual materials on an Internet site harmful to minors");
  • using at least one of these methods does not create an increased risk for privacy compared to age verification performed in person;
  • the court upheld a ban on the requirement to display health warnings on all pornographic sites and in advertising.

Age verification laws on porn sites have been passed in several states, including Alabama, Texas, Utah, Louisiana, Virginia, Arkansas, Mississippi, North Carolina, and Montana. Pornhub said the new rules violate the First Amendment and adult users privacy rights. The site stopped serving IP addresses from Montana and North Carolina.

Earlier, the European Union expanded the list of Internet services subject to particularly strict control. Among others, such well-known adult sites as Pornhub, Stripchat and XVideos were targeted. Under the Digital Services Act (DSA), companies are required to conduct rigorous risk assessments, undergo external independent audits, and report to the authorities.
 
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