In March, a research paper from NYU and other institutions suggested that laws requiring age verification are not effective. A recent analysis reinforces this conclusion and implies that such laws might violate adults’ First Amendment rights. The Phoenix Center, a nonprofit focused on public policy, performed a study showing that these laws are likely to fail a constitutional cost-benefit analysis. If they are ineffective, the impact on adults’ rights to access legal content probably outweighs the advantage of stopping minors from viewing it.

Laws mandating age verification in the U.S. and other countries generally require websites hosting explicit material to confirm the age of visitors beyond a simple checkbox, utilizing methods such as government-issued ID or facial recognition technology. With the introduction of the UK’s age-verification law, even platforms like YouTube, which do not share explicit content, are beginning to implement age checks.

Experts have consistently maintained that these regulations will not effectively prevent minors from accessing pornographic websites. Tools like VPNs can circumvent these measures, and users can visit sites that do not comply. There are also concerns regarding privacy and security, including the inability to remain anonymous while browsing and the potential for personal data breaches.

In spite of these challenges, lawmakers have put age-verification laws into effect in various regions. Since the release of the working paper in March, the Supreme Court has determined these laws to be constitutional, despite issues related to free speech and First Amendment infringement.

The Phoenix Center’s cost-benefit analysis gains significance following the recent Supreme Court decision. In June, the Court ruled that Texas’s age-verification law fulfilled the “intermediate scrutiny” requirement, serving a critical government interest. Dr. George S. Ford, chief economist at the Phoenix Center, asserted that these regulations should deter more minors than adults to satisfy this requirement.

By analyzing Google Trends data, Ford discovered increases in searches for “VPN” and “free porn” following the implementation of these laws or when Pornhub restricted access. This indicates that users, including minors, are circumventing the laws. Additional studies show that adolescents aged 13-18 can easily utilize VPNs.

“The data implies a regulatory environment where tech-savvy minors can evade restrictions while adults bear the main burdens,” Ford stated. He also pointed out the cybersecurity dangers associated with free VPNs, including risks of ransomware, IP leaks, and tracking.

Ford concluded that the efficacy of age-verification laws in safeguarding minors is “doubtful” due to knowledgeable teenagers evading them and the implications for adults’ First Amendment rights. “When the burdens a policy places on protected speech outweigh its effectiveness, it does not meet the constitutional standard of being ‘substantially related’ to its intended purpose,” he explained. “Considering the added cybersecurity threats and deterioration of internet infrastructure, the costs clearly surpass the benefits.”