Why Pornhub And Others Are Suing Lone Star State Over New Law
I was casually browsing through news headlines today, when I stumbled across something that made me do a double take. Pornhub is suing Texas. Intrigued, I did some digging and things got really interesting.
Here's why.
What Is HB1181 In Texas?
Let's just start with what is actually set to go into effect on Sep 1. HB1181 basically forces anyone who publishes "sexual material that is harmful to minors" on the internet to adopt certain age verification processes to view the material, or have access to the website removed in the state of Texas.
Those age verification methods? A government issued i.d. would work. Transactional data (they mention mortgage, education, employer) could also be used to confirm whether or not an individual is 18 or older.
Also, they would be forced to put up Texas Health and Human Services Warnings. They're things like how porn can weaken brain function, is associated with emotional and mental illness, and includes a helpline number that people can call...among other things.
The "material" as defined by HB1181 includes material designed to appeal to "prurient (I learned a new word today) interest..." It gets even more descriptive, which you can read for yourself using the link to the legislation below.
On its face, it just seems like the state of Texas just wants better age verification and some very strongly worded disclaimers to be featured.
You can read it all for yourself here.
So Why Would Anyone Have A Problem With This?
Looking at the complaint, there are several people and parties who take issue with this. Those people range from the Free Speech Coalition to Pornhub. There's a range of reasons too.
According to the complaint, the age verification methods listed in HB1181 not only are the least effective, they're also the most restrictive. It's pointed out that all of this could be bypassed as easily as using a VPN.
It's also suggested that people may not be so willing to give up such personal information, which would lead to financial and reputational harm.
The health warnings are referred to as "a mix of false-hoods, discredited pseudo-science, and baseless accusations."
Honestly, that's just scratching the surface of what's in the complaint. They suggest that the new law violates multiple amendments.
You can read it for yourself here. It's a pretty quick read.
Will This Really Solve The Issues?
Is this really the best way for the state of Texas to handle this? Does the State have the right issue, but need a better answer?
Are you willing to upload your i.d. or other information to the web to prove how old you are?
Do you think this will actually stop anything in the long run? Do you think there's any chance that the parties suing win?