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AVPA comments in the US Congress

March 2, 2025

“Thank you very much. It’s an honour and a privilege to speak here. As I look out at the sunset over the capital, I can hardly believe I’m here—so thank you for this opportunity.

I often feel I’m wheeled out in state legislatures more for my accent than my knowledge, as it apparently lends a degree of gravitas. But please try to see past that and test me with your questions to see if what I’m saying rings true.

I represent around 30 companies worldwide, over a third of which are based here in the United States. These companies specialise in determining online users’ ages. You may be familiar with the old cartoon of two dogs at a computer, where one says, “On the Internet, nobody knows you’re a dog.” The problem today is that on the Internet, nobody knows you’re a child. That’s the challenge we’ve been working to address since 2017, when the UK government first legislated for age verification for pornography.

Unfortunately, Boris Johnson—whom I otherwise admire and who attended the same college as I did at Oxford—decided against implementing it at the time, as he was focused on delivering Brexit. However, the UK has now reintroduced the requirement, and since January this year, all dedicated pornography sites must conduct highly effective age assurance. It is now the law.

Last year, our members conducted over a billion age checks across various sectors, and you’ll note there were no major headlines about lost data. That’s because we don’t keep data. A core principle of age verification is proving your age, not your identity. Our mission is to make the Internet age-aware.

I’ve given testimony in numerous states—standing in line at 4 a.m. in 8°F temperatures to observe the Supreme Court hearing on the Texas Act was a particular highlight. Cheyenne, Wyoming, was another memorable stop—apparently, there are more cattle than people there! But ultimately, what we need is the right federal law, and I believe the SCREEN Act fits the bill.

Why the SCREEN Act?

Unlike earlier legislative attempts, this bill applies to pornography wherever it is found. Rather than exempting sites that contain only a certain percentage of explicit content, it ensures that any adult content—regardless of where it appears—is placed behind an age verification barrier.

For example, take Twitter (or X, as we now call it). We don’t want to prevent people from reading their President’s posts—or, for that matter, posts on Truth Social. But we do want to prevent children from accessing pornography on Twitter. The SCREEN Act achieves that.

The bill is also technologically neutral. Instead of specifying a limited number of verification methods, it allows for any effective approach that can determine, on the balance of probabilities, whether someone is an adult. This makes it far more future-proof than state laws that prescribe just two or three verification methods.

One key takeaway from the Supreme Court hearing was the need for a solution that is not unduly burdensome. As Justice Kavanaugh noted, when dealing with the First Amendment, we must use the least restrictive means to achieve the policy objective. Filtering—once seen as the solution—hasn’t worked. Now, we need an alternative that is both effective and minimally intrusive. Age verification meets that standard.

How Age Verification Works

There are several methods, and my colleague Jean-Michel will soon introduce one of the more entertaining ones. But let me outline some of the more traditional approaches:

  • Government-issued ID: A user takes a photo of their driving licence, passport, or military ID alongside a selfie. The system verifies the match and extracts only the age. This can even be done locally on the device, without sending data to a third party.
  • Facial age estimation: This technology is now highly accurate, with a margin of error within a year and a month. Instead of checking whether someone is exactly 18, we set a buffer—typically verifying if they appear over 21, which provides high confidence that they are at least 18.
  • Mobile number or email analysis: Young children don’t typically use email addresses to check mortgage rates! By assessing online activity linked to an email or phone number, we can estimate a user’s age.
  • Bank verification: Users can log into their online banking, and their bank confirms their age without sharing any further details.

All these methods are privacy-preserving. Users don’t prove their age to the website itself—because requiring a passport to porn would be absurd. Instead, they verify their age with a trusted third party, which then simply sends a yes or no response to the site. The adult site never sees any personal details.

In some cases, European regulators have gone further, requiring encryption and zero-knowledge proofs to ensure that even we cannot determine the user’s identity. Data protection is a priority, and, as mandated by the SCREEN Act and state laws, we do not retain personal data.

Making Age Verification Convenient

To prevent users from having to repeat the process constantly:

  • Checks can be reusable: A verified digital ID or wallet can store age verification for future use.
  • Interoperability: A single verification can be used across multiple sites, reducing friction for users.

Addressing Alternative Approaches

Some suggest relying on app stores or device-based controls for age verification. While these have their uses—such as helping parents manage app downloads or game access—they are not suitable for restricting access to pornography.

  • Device-based controls verify the device, not the person. Phones and tablets are often shared or passed down, meaning an age setting may not reflect the current user.
  • App store restrictions only apply to apps—and, last I checked, pornography is not primarily accessed via apps.

Ultimately, we must hold content providers responsible for age verification, rather than placing the burden on parents or device manufacturers.

The VPN Fallacy

Some adult websites claim they have blocked states that require age verification—Louisiana, for example. This is nonsense. What they have done is block IP addresses registered in that state.

Anyone can bypass this restriction by using a VPN to appear as if they are in a different state. However, none of the 20 US states that have passed age verification laws include an exemption that says, “Children in our state cannot access pornography… unless they are smart enough to use a VPN.”

Sites remain legally responsible for enforcing age verification, regardless of VPN use. They already check users’ locations for legal purposes—for instance, online gambling sites must verify whether a user is in Nevada. They must do the same for age verification.

Strengthening Enforcement

One area where the SCREEN Act could be improved is in overseas enforcement. In the UK, we have introduced business interruption measures, allowing regulators to request that Visa and Mastercard block payments to non-compliant sites. This approach quickly ensures compliance—if a site cannot make money, it has no incentive to operate.

Conclusion

I hope that covers the key points, but I’d be delighted to take your questions later. Thank you.

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