Right: Age verification cards are used to make purchases, for entry into venues and for other purposes. Can they work in the digital world?
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Australia should not demand rigorous online age verification
1. Age verification is difficult to implement and has a significant failure rateCritics of online age verification argue that the principal verification methods being proposed all have major flaws. These methods are not able to guarantee that many under-age users will not continue to access potentially damaging material and they are likely to inconvenience legal users.
Australia has considered three types of data to allow Internet users to offer proof of age. The first is identification through government issued identity documents. The main identity documents proposed are drivers' licences and passports. This can be done in two ways. The most administratively easy is through supplying information contained on the identity document, such as the person's driver's licence number or the expiry date on the licence.
The major problem with this is that a minor (someone under 18) could obtain this information from a parent's licence or a fraudulent third party could sell on information from another person's stolen licence or passport. verification-privacy-laws-child-safety A second method suggested is that rather than print-data from the card being used as proof of age, facial recognition technology could be used to match the Internet user's real-world face with the image on the government-issued document.
However, critics maintain that the system is flawed and is likely to result in users being denied access because the facial recognition software has failed to match the stored image accurately with the face of the Internet user. The American Civil Liberties Union has noted that 'Face recognition is generally problematic; it is often inaccurate and has differential error rates by race and gender.' Changes in appearance as the subject ages can also result in failures to match. Studies have shown that recognition fails to be reliable if there is more than a five-year age difference between the subject in the image and the real-world person. People legally entitled to access pornography or other age-restricted online material could also be excluded because they do not have a driver's licence or a passport.
verification-privacy-laws-child-safety It has been suggested that less high-status forms of government issued ID (such as keypass cards) could be used; however, critics have argued that they would be even less secure.A third method that has been considered is 'age estimation'. This involves estimating or predicting a user's age without reference to government-issued identity documents or other databases. One example of this is Yoti's Age Scan product, which involves a user submitting a facial image from the camera on their phone. As Yoti notes, 'The user does not have to register to use the service and does not have to provide any information about themselves. Therefore, no identity document need be presented. The user simply presents their face in front of the camera.'
The age estimate generally takes under two seconds to produce. However, critics are concerned that the technology is not sophisticated enough to discriminate between a mid-teen and a late teen. This level of discrimination is necessary if the technology were being used for an age verification test. verification-privacy-laws-child-safety Another form of 'age estimation' involves monitoring the user's online behaviour. Australia's eSafety Commissioner has explained, 'How an individual interacts and engages online leaves traces that can be utilised to identify whether they are an adult or a child. For example, a handle or username, image tags, hashtag usage, gesture patterns, web history, content interaction, IP address, location data, device serial number, contacts - all can be used to measure what age-bracket that you might fall under.'
Independent studies indicate that these age estimates are 90 percent accurate . Critics note that a 10 percent failure rate is a problem to the extent that it would allow many under-age users to access suspect sites and would also block many users who should legally be able to access pornography. 2. Age verification can be avoided through VPNs
Many of those opposed to age verification online argue the move is a waste of government and administrative effort. They claim the requirement to verify the user's age can be easily sidestepped by adopting a VPN (virtual private network) which can make it appear that the user is based in a country or legal jurisdiction which does not require rigorous proof of user age.
Countries that seek to impose stricter proof of age requirements on Internet users accessing pornographic material demand website hosts remove any site that does not have the required method of age verification. A web host is also known as an Internet Service Provider or ISP. If any website host refuses to do this, the country can then prohibit the host from providing a service within its national borders. However, critics note, Internet users can easily avoid this process by using a VPN.
A VPN is a virtual private network. It adds anonymity to users when they connect to web-based services and sites. A VPN hides the user's actual public IP address. This makes it difficult for the web host to recognise the user's location.
This means that the web host cannot be held responsible for not applying the age verification requirements that apply in a particular country. Widespread use of VPNs would make it almost impossible for Australia to enforce its proof of user age regulations. Shoshana Weissmann, writing for RStreet in an article published on August 29, 2023, explained, 'Obviously, age verification laws would force Internet Service Providers to identify the age of their users in each specific area - Utah's laws apply to residents in Utah, Arkansas' laws apply to residents in Arkansas, U.S. law would apply to U.S. residents, and so on. But people can use VPNs to get around age verification by making their web traffic appear as though it originates in a jurisdiction outside the law's reach.'
verification-laws-dont-exempt-vpn-traffic-but-that-traffic-cant-always-be-detected/ Typically, Internet users will choose a VPN in a country which allows them to avoid some of the barriers to Internet use which apply within their own country. Iceland is a popular country to locate a VPN server if the user is in the northern hemisphere. AVG.com notes, 'Iceland ... has strong net neutrality laws, equal access to the internet, minimal restrictions to online content, limited self-censorship, and a culture that promotes digital freedom...Very little, if any, content is blocked in Iceland - and by extension, an Iceland VPN. Content restrictions are limited to copyright infringements.'
VPN use in Australia is already widespread. A recent article published online by The Canberra Times noted, 'VPN usage increased significantly in Australia between 2020 and 2024 where percentage usage increased from 25.1 percent to 27.1 percent This growth has been facilitated mainly by an increasing awareness of issues related to online privacy, data retention issues, and accessing geo-restricted content. Industry reports indicate that Australians are using VPNs at a rate of 20 percent more than before, indicating a greater need for data protection and digital privacy.'
Bernard Keane, in an article published by Crikey on May 2, 2024, claimed that online age verification could be easily avoided in Australia. Keane stated, 'People will just use a VPN to route around Australia's censorship requirements, which is what people currently do to access torrenting sites ostensibly blocked by the Australian Communications and Media Authority's mandatory "blacklist".' verification-labor-pornography-male-violence-against-women/ In an article published on August 31, 2023, Digital Rights Watch similarly noted, 'Many of the current approaches to AV (age verification) are relatively easily bypassed, for example, by use of a Virtual Private Network (VPN).' The article concluded that the proposed Australian measures were likely to do no more than inconvenience adult Internet users while not protecting those under 18 from restricted content. verification/ 3. Age verification can threaten the privacy and security of Internet users
Critics claim that implementing age verification for pornography raises significant privacy concerns. Requiring individuals to provide personal information, drawn from identification documents or credit card details, could lead to potential data breaches or unauthorised access to sensitive information.
All the proposed online age verification methods carry significant security and privacy risks. In an article published by Scientific American on April 16, 2024, Lauren Leffer stated, 'Currently the most widely adopted methods of digital age verification involve users sharing sensitive information such as facial scans, official ID cards or banking particulars with third-party companies-details which, in the process, inevitably get linked to individual data on pornography consumption. This poses obvious opportunities for hacking, theft, and extortion.'
The same point has been made by The Electronic Media Foundation in an article by Jason Kelley and Adam Schwartz published on March 10, 2023. Kelley and Schwartz argue, 'Age verification systems are surveillance systems. Mandatory age verification, and with it, mandatory identity verification, is the wrong approach to protecting young people online. It would force websites to require visitors to prove their age by submitting information such as government-issued identification. This scheme would lead us further towards an internet where our private data is collected and sold by default.' verification-mandates-would-undermine-anonymity-online The age verification methods being applied around the world threaten individual privacy. Kelley and Schwartz, writing for The Electronic Media Foundation have noted, 'Once information is shared to verify age, there's no way for a website visitor to be certain that the data they're handing over is not going to be retained and used by the website, or further shared or even sold. While some age verification mandates have limits on retention and disclosure of this data, significant risk remains. Users are forced to trust that the website they visit, or its third-party verification service, both of which could be fly-by-night companies with no published privacy standards, are following these rules.'
verification-mandates-would-undermine-anonymity-online Through age verification, users' identities are linked to the use of pornography sites. This leaves users exposed to potential threats of public embarrassment or even extortion. Such sensitive information could, for example, be sold on or hacked and used against commercial or political opponents. Giacomo Lev Mannheimer a Research Fellow at the Bruno Leoni Institute has warned about the dangers of Britain's Online Safety Act which is another government attempt to prevent those under 18 accessing pornography. Mannheimer sees these new regulations as endangering user privacy and their free access to the adult entertainment of their choice. He states, 'The age verification mandate within the Online Safety Act poses a significant threat to privacy and user freedom by creating a database linking individual identities with adult content consumption... Improper regulation of adult content undermines the internet as a hub of unparalleled freedom ... Policymakers must strike a balance by tackling illicit activities while safeguarding user privacy [and] free expression...' verification-threatens-user-privacy-says-new-report/ The age verification processes being proposed also threaten users' data security. Opponents argue that age verification methods involve users exposing their sensitivity identity data, such as facial images and passport and driver's licence details, and so leave them vulnerable to fraud. This is already a major problem worldwide. In 2021, nearly 42 million Americans became victims of personal data fraud, losing $52 billion.
verification-methods-and-the-rise-of-privacy-innovations-f63e81412ede The personal information obtained through the different online age verification methods can be used by cyber criminals to open credit accounts, make large purchases and cause havoc in the financial lives of the users whose online identities have been compromised. When users' online identity data has been compromised, this exposes them to other inconveniences. John Reynolds, the vice president of the online security consultants Aleo, has warned, 'The more information available online about you, the more likely you are to be subject to tracking services that follow your activity across the sites and services you use, as well as solicitation from unwanted contacts. The private information on your ID, such as your birth date, could even be used to help hackers guess your online passwords or the answers to your security questions, which could lead to other negative consequences.'
4. Age verification can lead Internet users to access more extreme material
Opponents of age verification to prevent young people from accessing harmful online material argue that many internet users will sidestep the requirement by accessing sites that do not comply with the law. This is concerning because these non-complying sites are likely to carry more explicit and violent material.
One international pornography provider told Australia's E-Safety Commission, 'Measures which create too much friction will deter customers or users from accessing compliant sites...this could create incentives for users to follow the path of least resistance and access alternative adult sites, which are non-compliant with any age assurance regulations. It may also be less secure for users, as well as less ethical in the production and distribution of adult content and is more likely to contain harmful content.'
Commenting on the possibility of young users being led to more dangerous sites, Bernard Keane, writing for Crikey on May 2, 2024, explained, 'Put simply, if you make it harder to access regular porn sites, users, including kids, will just go somewhere else much worse. The censors, the media and the regulators will be responsible for that perverse outcome.'
verification-labor-pornography-male-violence-against-women/ The same point was made in Submission 219 to the federal government's 'Inquiry into age verification for online wagering and online pornography'. The submission writer stated, 'The hassle may drive users to more unregulated and illegal environments.' Similarly, RMIT cyber expert, Matt Warren, has warned that a poorly thought-out response could see children drawn to the dark web (an unregulated section of the internet) exposing them to more harmful material like child pornography. Referring to the dark web, Warren noted, 'Society norms wouldn't apply there because they're not regulated or policed.' Warren further warned, 'If people go on the dark web to look for pornography, they may be drawn into other areas as well in terms of drugs.' verification-for-porn-sites-could-be-unworkable-push-kids-to-the-dark-web/news-story/70cd0f58b4b5288b7ea38da1b9e79c59 In August 2023, the Australian government rejected a previous proposal to place age restrictions on online access to gambling and pornography. The government stated, 'It is clear from the roadmap at present, each type of age verification or age assurance technology comes with its own privacy, security, effectiveness or implementation issues.'
verification-online-pornographic-material-adult-websites-australia-law Included among these issues is the possibility of internet users, including children, being diverted to more extreme pornography sites because these do not require age verification. These reservations have been expressed in other countries where age verification processes are being put in place for those accessing pornography. Michael Stabile, director of public affairs at the US Free Speech Coalition, has stated, 'My greatest fear when I looked at [these bills to implement age verification] was that this is...going to push kids to more and more dangerous sites.'
verification-bills-porn-louisiana-utah The same point was made in a recent backgrounding briefing paper prepared for the British government which is also considering online age verification. The paper states, 'There is also a risk that both adults and children may be pushed towards ToR [software used to access to the dark web] where they could be exposed to illegal activities and more extreme material.' The British Open Rights Group campaign also noted the government had 'shot itself in the foot; with the age verification policy because it would force more web users underground'. The campaign's legal director Myles Jackman said that avoiding age verification by using illegal, underground sites would increase the risk of people accessing the kind of 'extremist' and 'hate speech' material Home Secretary Amber Rudd was trying to restrict and make it more difficult for the security services to monitor users. 5. Educating children and adults about respectful sexual relationships and the danger of pornography is more effective than online age verification
Critics of age verification to access pornographic and other potentially dangerous or harmful sites claim education is likely to be more effective than age embargos in protecting people from harm. Many social commentators argue that education in respectful sexual relations and information about the limitations of pornography are vital because age verification is no protection once adults are legally able to view this material.
Most young Australian males regularly view pornography. A 2017 study found that 99 per cent of men aged between 18 and 30 reported accessing pornography in the last year. Many were habitual consumers, with 39 per cent reporting that they watched pornography daily. A further 46 per cent reported accessing pornography weekly. That means 85 per cent of men were accessing pornography at least once a week.
Research has suggested that the unrealistic scenarios presented in online pornography can have harmful effects on young men's sex lives. A report published on March 23, 2021, in Trends in Urology and Men's Health stated, 'Overall, men who use porn more often tend to report less satisfaction with their sex life. The use of porn may potentially reduce sexual satisfaction due to real-life partners not living up to the idealised images seen online, disappointment if a partner does not want to recreate pornographic scenes [and] disappointment stemming from the inability to obtain the range of sexual novelties seen in porn with a real partner.'
The same report also noted, 'The risk of ED (erectile dysfunction) appears to increase with the number of pornographic films viewed in the preceding year, and problematic use of online sexual activities...was associated with lower erectile function and lower overall sexual satisfaction.' It has further been claimed that online pornography not only reduces many men's satisfaction with their sex lives, but it also creates unrealistic expectations of how female partners should be treated and the sexual experiences they are likely to enjoy. This can lead to the abuse of women within relationships. In August 2022 the Beyond Silence project began. It is a study undertaken by the Australian Research Council which gives women a safe forum in which they can record their experiences of sexual abuse by a partner. Many respondents have reported an apparent link between sexual violence and other mistreatment and their partner's use of pornography.
Many women commented on being forced to watch pornography and claimed it acted as a model for their sexual interactions with their partner. One woman stated, 'I think porn is a massive issue ... that ... impacts the way that women are treated, especially young women going in and feeling like that's how you should be treated in relationships.' There are those who argue that rather than simply using age verification to try to physically block young people from accessing pornography, schools should include discussion of the limitations of pornography in their sex education programs. Of the 29 states in the United States which mandate sex education, only five include pornography literacy. One of the most comprehensive is 'The Truth About Pornography: A Pornography-Literacy Curriculum for High School Students Designed to Reduce Sexual and Dating Violence.' The course is an initiative of the Boston Public Health Commission and was offered online during COVID lockdowns. Students are never shown porn in the program, but instructors talk candidly about the history of pornography and obscenity laws, sexual norms, and gendered double standards, and the research on pornography and its compulsive use. The curriculum also includes sessions on healthy relationships, the unrealistic sexual scripts portrayed in pornography, and sexually explicit selfies. A pilot study found that after taking the class students were less likely to see pornography as realistic or a good way to learn about sex.
An Australian study on pornography education has stated, 'Pornography education usefully may be implemented in a variety of contexts, including in school curricula, parental socialization, community settings, mainstream and social media, and social marketing campaigns. Evidence from the related violence prevention and health promotion fields suggests that the use of multiple, reinforcing strategies across a range of settings will support the effectiveness of pornography education initiatives.'
In Australia, the Respectful Relationships program is at the centre of attempts to address the impact of pornography through education. Respectful Relationships is a set of evidence-based resources promoting the development and maintenance of healthy relationships of all kinds. The resources are for use in and beyond sexuality education classes. All Victorian government schools are mandated to deliver the Respectful Relationships curriculum as recommended by Australia's recent royal commission into family violence. Other schools in Australia may use this curriculum resource; however, they are not required to do so.Experts claim that we need a multifaceted approach to informing the population about the dangers and limitations of pornography, working within schools, parent groups, supplying information on mainstream and social media and through government-funded public information campaigns of the type used to address a variety of public health issues. Ideally, this education should be mandated in schools.