The California Senate Judiciary Committee has proposed making ID checks on pornography websites optional in a new amendment to the state's age verification bill, according to a bill analysis released Tuesday.
The committee proposed amendments to the Parental Accountability and Child Protection Act (PACPA) to make age verification methods like government-issued ID or credit card only optional on porn sites, instead allowing companies to use other methods such as “metadata or response headers that indicate the product is sexually explicit.” according to The bill, introduced in February by Republican state Rep. Juan Alaniz, would require companies that offer products that are “unlawful to offer to minors” to take “reasonable steps” to verify that users are legal, according to the analysis.
“Our office had the choice to accept the amendment or risk having the bill defeated in committee,” Alaniz told the Daily Caller News Foundation. “I chose to move the amendment forward in the Senate Judiciary Committee because I strongly believe that something is better than nothing, and as a former crimes against children investigator, inaction on this issue is unacceptable to me.”
The Free Speech Coalition (FSC), a trade group for the pornography industry, has retracted its initial opposition in response to the new changes. according to According to a press release on Tuesday. (Related: “We see everything”: OnlyFans drowns in flood of child porn complaints)
“While we still have concerns about some of the legislation's provisions, we have formally withdrawn our opposition following the inclusion of the proposed amendments,” FSC Director Alison Borden said in a press release. “We thank the bill's authors for their support. [Assemblyman] We thank Juan Alaniz, his staff, and the members of the Senate Judiciary Committee for working with us to address our concerns and provide a solution that respects the rights of legitimate adult businesses and consumer privacy.”
Critics of the proposed changes point out that porn sites “already voluntarily comply with these provisions.” according to Press release from the California Family Council (CFC).
The Free Speech Coalition is pleased that the Supreme Court recognized the importance of the issues raised in the Texas case and decided to review our case. We appreciate the opportunity to present our arguments before the Supreme Court.https://t.co/ouhePHfNQb
— Free Speech Coalition (@FSCArmy) July 2, 2024
“The Senate Judiciary Committee's proposed amendments gutted and invalidated AB 3080,” said CFC Vice President Greg Burt. “By making age verification optional, the Committee has caved to the demands of the porn industry rather than protecting children.”
The FSC has fought age verification laws across the country, filing lawsuits in Indiana, Montana, Utah, Louisiana and Texas. WebsiteThe Supreme Court agreed Tuesday to review the Texas case.
“I disagree with those who say this bill does nothing to protect children from pornography. The California State Assembly is majority Democratic, and Republican bill writers would need a significant number of Democratic votes to pass the bill,” Alaniz said. “While this bill is not everything we had originally hoped for, it certainly is a comprehensive step forward on this issue. The fact is, everyone got something in this bill, but no one got everything they wanted. After receiving a unanimous vote in the Senate and a final unanimous vote in the House, this bill could make it to the Governor's desk.”
The FSC did not immediately respond to DCNF's request for comment.
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