Unintended Consequences: Texas’ Age Verification Law Pushes Residents Towards VPNs
The surge in searches for Virtual Private Networking (VPN) software in Texas this week is an indicator of the potential unintended consequences arising from a new state law mandating adult websites to verify the ages or identities of their users. The legislation, known as HB 1181, was upheld by a federal appeals court last week despite previous concerns regarding its potential violation of the First Amendment and privacy rights.
Visitors with Texas IP addresses who attempt to access Pornhub now encounter a full-page message decrying the law as “ineffective, haphazard, and dangerous.” The Website has suspended access in compliance with the law but remains hopeful for a more comprehensive solution.
Google Trends data reveals a significant rise in Texas searches for VPN tools as a means to circumvent the state’s age verification requirements. The immediate and geographically concentrated search spike following Pornhub’s announcement demonstrates a potential correlation between the law and user behavior.
Evan Greer, director of Fight for the Future, a digital rights advocacy group, believes there is a “pretty likely” link between the legislation and the surge in VPN searches. Greer emphasizes that such laws are not only unconstitutional but also ineffective, as users can circumvent them using simple tools like VPNs.
Texas is not the first state to implement age verification legislation, and Pornhub has already withdrawn from Montana, Utah, Virginia, and other states as a result. The law’s passage has sparked ongoing debates in statehouses nationwide regarding the extent to which governments can regulate contact content and require websites to perform age verification.
HB 1181 mandates adult websites to implement “reasonable age verification” methods, which may involve requiring users to submit proof of identity or personal data to third-party contractors. Concerns regarding privacy and security risks associated with these requirements have been raised by critics, leading some websites to opt out of the state entirely.
The law initially faced opposition in court last summer when a US district judge temporarily blocked it due to its potential violation of the First Amendment and threats to marginalized communities. However, following an emergency appeal by Texas officials, the US 5th Circuit Court of Appeals overruled the injunction, allowing the law to take effect.
The latest decision by the 5th Circuit court formally lifts the injunction against HB 1181, leaving Texas residents and content providers to navigate the consequences. Texas Attorney General Ken Paxton celebrated Pornhub’s departure from the state, proclaiming that companies cannot distribute pornography to minors in Texas without complying with the law.
Pornhub has expressed support for age verification but emphasizes the unreasonable risks associated with requiring individual websites and third-party providers to handle users’ most sensitive personal information. The company has proposed that age verification checks be performed exclusively on a user’s device, without requiring them to send data over the internet to third parties.
