Av Bulletin Loopholes And Lawsuits

Missouri Bills Nix ‘Health Warnings’

As XBIZ has reported, state legislators in Missouri have introduced multiple age verification bills intended to codify AV regulations that the state’s attorney general unilaterally imposed last year, so that AV would remain state law even if the AG’s move were overruled in a legal challenge. Four of those bills originally would have required adult sites to post notices warning users of alleged physical, mental and social harms associated with pornography — despite a previous federal court ruling against such “compelled speech” requirements.

Since their introduction, however, at least one of the bills has been amended to remove the provisions mandating such “health notices.” HB 1839 no longer incorporates that requirement. Now, the same appears to be the case for SB 901. That bill’s author, Sen. Mike Henderson, told a senate committee on Feb. 25 that he had removed problematic language from the legislation, and his office later told XBIZ that the forthcoming substitute bill “will address the issue of notices.”

Two other bills retain the “health notices” language, but do not appear to be advancing as quickly.

Ohio Aims to Close AV Loopholes

In Ohio, legislators are looking to address some gaps in the state’s age verification law via HB 84, introduced by state Rep. Steve Demetriou.

Labeled the “Innocence Act” — this is the second time Demetriou has sponsored a bill by that name — the legislation includes language aimed at countering the widespread use of virtual private networks (VPNs) to avoid age verification requirements. Adult sites would be required to “Utilize a geofence system maintained and monitored by a licensed location-based technology provider” to dynamically monitor a user’s physical location and ascertain whether the user is located in the state, and thereby subject to age verification.

In addition, a House committee has amended the bill to address another gap. As XBIZ reported last year, Ohio Attorney General Dave Yost’s push to enforce the state’s age verification law hit a snag when Pornhub asserted that the law did not apply to it because Pornhub qualifies as an “interactive computer service” as defined under Section 230 of the Communications Decency Act — and Ohio’s AV law exempts such services.

On Wednesday, the House Technology and Innovation Committee inserted an exemption to that exemption. The new language would “un-exempt” any interactive computer service that is also an adult content provider as defined in the bill.

Other State, National and International AV News 

In Wisconsin, AB 105 will soon be on its way to the governor’s desk for his signature. As XBIZ reported last month, that bill originally would have required sites to block VPN traffic, but that language was removed during the amendment process.

In West Virginia, HB 4412 has passed the state House, was amended in the state Senate Judiciary Committee and is due for hearing in the full Senate.

On the federal and global front, see XBIZ’s coverage of: the KIDS Act’s proposed federal age verification mandate, Brazil’s new AV requirements and the latest on Australia’s AV law, which takes effect Monday.

Pending Court Cases

A number of lawsuits, related to age verification by adult sites, are in progress:

• In Indiana, a new judge has been assigned to the state’s lawsuit against Aylo, alleging that the company and its affiliates have violated the state’s AV law by failing to prevent access by users using virtual private networks to avoid geolocation.
• In Florida, a civil jury trial date of Oct. 12, 2027 has been set in the state’s lawsuit against Aylo over alleged noncompliance that state’s age verification law. As XBIZ reported last year, that suit originally also named payment processor Segpay, but the state later dismissed Segpay as a defendant, having apparently misunderstood the role of a payment processor.
• Also in Florida, the state’s lawsuit against five EU-based adult companies for allegedly failing to require age verification before allowing access to adult content has a civil jury trial date set for May 10, 2027.
• In Kansas, a state lawsuit against site operator SARJ LLC, alleging that the company’s adult websites have failed to implement age verification as mandated by state law, has taken a new turn in the wake of a recent ruling by a U.S. district court judge in that state, who dismissed two private lawsuits over alleged age verification noncompliance. In that ruling, the judge cited lack of jurisdiction, suggesting that private plaintiffs, at least, may not be able to sue out-of-state website operators. SARJ has claimed that this lack of jurisdiction applies to its case as well, but it remains to be seen whether the court will apply the same jurisprudence to a suit brought by the state.
• In Tennessee, the Free Speech Coalition is still waiting to learn whether its lawsuit challenging the Protect Tennessee Minors Act as unconstitutional can go forward. The Tennessee attorney general has motioned for dismissal of the case, and this week FSC responded to that motion, asking the judge not to dismiss the case.