A Florida law requiring age verification to visit porn platforms online took effect on New Year’s Day, but a number of websites are either just blocking access in the state or not complying at all.
Pornhub, the most popular adult entertainment website in the world, is one of those barring access to those within state lines.
“While safety and compliance are at the forefront of our mission, giving your ID card every time you want to visit an adult platform is not the most effective solution for protecting our users,” said adult video star Cherie DeVille in a video that pops up on the platform for Florida visitors.
Meanwhile, the second most popular porn website, XVideos, is one of a number that weren’t requiring any age verification methods to see sexual content as of Friday morning. Representatives for XVideos didn’t respond to a request for comment.
Chase Sizemore, spokesperson for Florida Attorney Ashley Moody, said in a Thursday afternoon email that Moody’s office had received three complaints so far “regarding pornographic websites failing to comply with age verification laws.”
“These complaints are currently under active review by our Enforcement Division,” Sizemore said. The office is responsible for enforcing the law.
Despite DeVille’s remarks, the law doesn’t technically require porn users to submit pictures of an ID. It says sites “must offer anonymous age verification and standard age verification,” though it does not provide specifics for either format.
xHamster, another high-traffic adult website, does offer the option for users to verify their age through an ID document — plus a face scan. But it also offers a face scan that doesn’t require documentation, instead estimating users’ ages through artificial intelligence, as well as verification by connecting with a third-party identification app.
The law states the “nongovernmental, independent third party” offering the verification service can’t retain personal identifying information and must protect it from unauthorized access. But some porn companies say this isn’t possible.
“As recent high-profile data leaks have revealed, no web users are safe, and hackers are often able to exploit the slightest cracks in a website’s security,” reads a recent federal lawsuit filed by the Free Speech Coalition, a trade association for the adult entertainment industry, and others.
Those companies also accuse the law of running afoul of the First Amendment. It creates “a substantial burden on adults who want to access legal sites without fear of surveillance,” said Alison Boden, executive director of Free Speech Coalition, in a statement. “It is invasive and carries significant risk to privacy.”
In a previous statement to the USA TODAY NETWORK-Florida, Moody emphasized she would defend the law: “As a mother, and Florida’s Attorney General, I will fight aggressively in court to ensure the ability to protect Florida children.”
Moody has requested that a federal judge pause the proceedings on the lawsuit to wait for a U.S. Supreme Court decision on a similar case from Texas.
(This story was updated to reflect that XVideos remained accessible without age verification into Friday morning.)
This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Douglas Soule is based in Tallahassee, Fla. He can be reached at DSoule@gannett.com. On X: @DouglasSoule.
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