All these ID check laws are out of hand. Parents are expecting the government, and random websites, to raise their kids. Why would anyone trust some random blog with their ID?
If these laws move forward (and I don’t think they should), there needs to be a way to authenticate as over 18 without sending picture of your ID off to random 3rd parties, or giving actual personal details. I don’t want to give this data, and websites shouldn’t want to shoulder the responsibility for it.
It seems like this could work much like Apple Pay, just without the payment. A prompt comes up, I use some biometric authentication on my phone, and it sends a signal to the browser that I’m 18+. Apple has been adding state IDs into the Wallet, this seems like it could fall right in line. The same thing could be used for buying alcohol at U-Scan checkout.
People should also be able to set their browser/computer to auto-send this for single-user devices, where it is all transparent to the user. I don’t have kids and no one else’s uses my devices. Why should I need to jump through hoops?
But I bet that signal would still be a unique identifier. It doesn't have to be, but it will be because that is the point. Not to see who is old enough, but to track every page visit and interaction of everybody all the time.
Hopefully someone kept a snapshot of the country's configs before this year began. I feel like we're going to need it. This is ludicrous - as so much is lately.
A bit off base. He's basically having a meltdown over what's actually a pretty narrow ruling about age verification.
First, he claims the Court "nullified the First Amendment" for sex writing, but that's just not what happened. The Court explicitly said adults still have the right to access this stuff—they just need to show ID first, like buying beer. That's not "nullification."
Second, Ellsberg acts like any sex scene anywhere triggers these laws, but H.B. 1181 only hits commercial websites where over a third of the content is sexually explicit material that's harmful to minors. His personal blog with some raunchy stories? Probably doesn't qualify.
Third, the whole "fifteen years in prison" hysteria ignores that these are civil penalties, not criminal prosecutions for most violations. And interstate prosecution for a California blogger? Extremely unlikely.
Age verification requirements do create real burdens and privacy concerns. But Ellsberg's "the sky is falling" rhetoric makes it impossible to have a serious conversation about the actual trade-offs between protecting kids and preserving adult access to legal content. The Court tried to balance these competing interests—it didn't burn down the First Amendment.
> The public library in rural Donnelly, Idaho, at only 1,024 square feet, had no practical way to create an enforceable “adults only” section and no budget to defend against lawsuits. Therefore, to comply with the law, they decided to make the entire library for adults only. The library has banned minors from entering the library (even to use the bathroom) unless they are accompanied by an adult, or holding a waiver from their parents.
This is absurd. It does look like they're suing, with help from a lot of publishers, at least.
> In fact, under the laws that the Supreme Court just upheld, prosecutors in Tennessee and South Dakota can even reach across state lines and prosecute writers on FELONY charges for a single paragraph of sexually-explicit writing on my site that they think "harmed" kids in their states, facing up to FIFTEEN years in prison, for failing to implement ID-checks on my dinky little free WordPress site.
> It's unlikely these interstate prosecutions would happen...
It might wind up being uncommon, but definitely not unlikely - it's basically assured that it will happen eventually, especially if the judge finds the text in question particularly or personally offensive.
I guess now is a great time to start a KYC company.
So, while I agree that this feels foreign and wrong to me as someone who has experienced "The Internet" for so long, I can't help but wonder if we can separate that from how the offline world works.
I'm asking this in good faith.
Given that:
1. The Internet is not an optional subscription service today the way it was in 1995. Every kid and adult has 1,000 opportunities to get online including on the multiple devices every one of their peers owns, which a single set of parents has no control over. So "Just keep them off the Internet/control their devices" seems like a silly "Just" instruction.
2. The Internet is nearly infinite. The author of this editorial says "then install a content blocker on your kids’ devices and add my site to it". This is a silly argument since the whole point is that no one has ever heard of him/her and it's obviously impossible for a filter (let's just assume filters can't be bypassed) can "just" enumerate every inappropriate site even if it employed a full-time staff who did nothing but add new sites to the list all day long.
So given all of that, how do we justify how the Internet must operate on different rules than the offline world does? One can't open a "Free adult library" downtown and allow any child to wander in and check out books showing super explicit porn. I'd have to check IDs and do my best to keep kids out. It also seems like it would be gross to do so. If you agree with that, why should the Internet operate on different rules?
I'd also like to separate the logistics from the morality here. If you believe it's hard to do it without satisfying privacy concerns, totally true! But then the focus should be on finding a good privacy-respecting solution, not just arguing for the status quo.
Also, censorship software is infamously bad at curation. Peacefire isn't around anymore these days, but the sites blocked by local censorship software around 2000 is pretty terrible, whether they used keyword filters or URL lists. See the list of sites in the left column at https://web.archive.org/web/2020/http://www.peacefire.org (peacefire circumventor is a tool I used to use to access blocked sites at school)
Others have said this, I'm sure, but this will move past porn _quickly_. Once there is agreed-up age verification for pornography, much of the professional internet will require identity verification to do _anything_. This is one of the bigger nails in the coffin for the free internet, and this true whether or not you're happy with all the pornography out there.
92 comments
[ 2.5 ms ] story [ 76.7 ms ] threadIf these laws move forward (and I don’t think they should), there needs to be a way to authenticate as over 18 without sending picture of your ID off to random 3rd parties, or giving actual personal details. I don’t want to give this data, and websites shouldn’t want to shoulder the responsibility for it.
It seems like this could work much like Apple Pay, just without the payment. A prompt comes up, I use some biometric authentication on my phone, and it sends a signal to the browser that I’m 18+. Apple has been adding state IDs into the Wallet, this seems like it could fall right in line. The same thing could be used for buying alcohol at U-Scan checkout.
People should also be able to set their browser/computer to auto-send this for single-user devices, where it is all transparent to the user. I don’t have kids and no one else’s uses my devices. Why should I need to jump through hoops?
First, he claims the Court "nullified the First Amendment" for sex writing, but that's just not what happened. The Court explicitly said adults still have the right to access this stuff—they just need to show ID first, like buying beer. That's not "nullification."
Second, Ellsberg acts like any sex scene anywhere triggers these laws, but H.B. 1181 only hits commercial websites where over a third of the content is sexually explicit material that's harmful to minors. His personal blog with some raunchy stories? Probably doesn't qualify.
Third, the whole "fifteen years in prison" hysteria ignores that these are civil penalties, not criminal prosecutions for most violations. And interstate prosecution for a California blogger? Extremely unlikely.
Age verification requirements do create real burdens and privacy concerns. But Ellsberg's "the sky is falling" rhetoric makes it impossible to have a serious conversation about the actual trade-offs between protecting kids and preserving adult access to legal content. The Court tried to balance these competing interests—it didn't burn down the First Amendment.
This is absurd. It does look like they're suing, with help from a lot of publishers, at least.
> It's unlikely these interstate prosecutions would happen...
It might wind up being uncommon, but definitely not unlikely - it's basically assured that it will happen eventually, especially if the judge finds the text in question particularly or personally offensive.
I guess now is a great time to start a KYC company.
https://www.nytimes.com/2025/06/28/world/asia/china-boys-lov... ("Chinese Police Detain Dozens of Writers Over Gay Erotic Online Novels") [note article contains large images of erotica novel covers]
But you'd *expect* that of the PRC; the US, wow, has it ever fallen fast and fallen hard.
I'm asking this in good faith.
Given that:
1. The Internet is not an optional subscription service today the way it was in 1995. Every kid and adult has 1,000 opportunities to get online including on the multiple devices every one of their peers owns, which a single set of parents has no control over. So "Just keep them off the Internet/control their devices" seems like a silly "Just" instruction.
2. The Internet is nearly infinite. The author of this editorial says "then install a content blocker on your kids’ devices and add my site to it". This is a silly argument since the whole point is that no one has ever heard of him/her and it's obviously impossible for a filter (let's just assume filters can't be bypassed) can "just" enumerate every inappropriate site even if it employed a full-time staff who did nothing but add new sites to the list all day long.
So given all of that, how do we justify how the Internet must operate on different rules than the offline world does? One can't open a "Free adult library" downtown and allow any child to wander in and check out books showing super explicit porn. I'd have to check IDs and do my best to keep kids out. It also seems like it would be gross to do so. If you agree with that, why should the Internet operate on different rules?
I'd also like to separate the logistics from the morality here. If you believe it's hard to do it without satisfying privacy concerns, totally true! But then the focus should be on finding a good privacy-respecting solution, not just arguing for the status quo.
This goes back a long ways.