Woodhull Freedom Foundation Urges Florida Senators to Reject 'Unconstitutional' Age Verification Bill

Woodhull Freedom Foundation Urges Florida Senators to Reject 'Unconstitutional' Age Verification Bill

TALLAHASSEE, Fla. — Woodhull Freedom Foundation reached out to every member of the Florida Senate Judiciary Committee on Wednesday, urging them to reject the state’s proposed age verification bill HB 3 as “not only unconstitutional and a danger to consumer privacy, but ineffective at preventing minors from accessing adult content.”

HB 3 is scheduled to be considered by the committee on Thursday.

The communication was written by Woodhull’s General Counsel, First Amendment expert Lawrence Walters.

This is the text of the communication:

My name is Lawrence G. Walters, and I am writing on behalf of the Woodhull Freedom Foundation as its General Counsel to express serious concerns regarding HB3.

While we agree completely with the goal of keeping children from material that is age-inappropriate or harmful, similar bills introduced in Texas, Louisiana, Utah, and other states have raised significant privacy risks for consumers and are in violation of their First Amendment protections.

As you may be aware, a number of states have passed similar bills. Unfortunately, these bills are not only unconstitutional and a danger to consumer privacy, they are ineffective at preventing minors from accessing adult content. The restrictions are easily evaded through the use of VPNs (as more than 40% of minors already use the technology), have little impact on overseas and pirate sites, and fail to address adult content on search engines or social media where children are most likely to stumble upon it. In fact, these bills encourage the growth of explicit sexual content on non-adult sites.

Compliance with HB 3 also requires a user to transmit extremely sensitive data – such as digitized copies of their government-issued identification, biometric scans, or other forms of data used by commercial age verification software providers – over the internet. The mere collection of this information opens citizens to the risk of data breaches. Even good actors and governments struggle to secure this type of data, as we’ve seen countless times in recent years. Just months after Louisiana’s bill went into effect, the Office of Motor Vehicles suffered a cyberattack and data breach.

Finally, sexually explicit content is First Amendment-protected speech and the Supreme Court has ruled repeatedly that restrictions on its production and consumption face the highest legal bar: strict scrutiny.

In Reno v. ACLU (1997), the Court struck down the statutory provisions of the Communications Decency Act (CDA) requiring use of age verification software as an unconstitutional content-based blanket restriction on speech, saying, “[i]n order to deny minors access to potentially harmful speech, the CDA effectively suppresses a large amount of speech that adults have a constitutional right to receive and address to one another.” Numerous other courts have struck down similar age verification laws over the past 20 years.

The solution is simple. Parental controls and device-level filters are effective tools if parents and schools are willing to use them. This technology not only puts power where it should be – in the hands of parents and caregivers – it is widely available, fully supported by industry, and endorsed by the Supreme Court.

Bills that so severely impact our First Amendment rights deserve serious consideration and debate. We ask that you veto HB3, and direct the legislature to work with technology companies, privacy experts and affected communities to find an effective solution. Thanks for your consideration.

For more information, visit WoodhullFoundation.org.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Streamate Spotlights Savannah Sly as December 'Elevate' Community Partner

Streamate has selected New Moon Network founder and co-director Savannah Sly as its Elevate Community Partner for December.

LaBellaDX Launches New Site Through YourPaysitePartner

Content creator LaBellaDX has launched her new official website through YourPaysitePartner (YPP).

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

Flirt4Free Announces 'Tease the Season' Holiday Contest

Flirt4Free has announced its Tease the Season promo and model contest, which will run Dec. 21-25.The competition is led by the return of the Snowflake Contest, where models can be gifted digital snowflakes by their fans. The models who collect the most snowflakes by 11:59 a.m. on Christmas Day will win cash prizes.

SWR Data Publishes 2024 'Top Creator Platforms' Report

Adult industry market research firm SWR Data has published a report on the Top Creator Platforms of 2024.

MintStars Joins Pineapple Support as Supporter-Level Sponsor

Content platform MintStars has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Pornhub to Shut Down Access in Florida Over Age Verification

Aylo will geoblock Pornhub across Florida starting Jan. 1, when HB 3, the state's age verification law, goes into effect.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

Show More