So, Pornhub pulled out of Texas. If the company didn’t and continued to run the site without age verification, it could face state fines of $10,000 a day. House Bill 1181, the law requiring age verification, also stipulates penalties of up to $250,000 if a minor accesses sexual material on these sites.
However, there are porn sites that have chosen to stay in the Lone Star State, giving us a glimpse of how Texas politicians want you to have to watch porn.
“What they’re trying to do is have a chilling effect on people that want to look at this particular type of material.” – Gary Krupkin, attorney
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To Gary Krupkin, a local First Amendment attorney, there are free speech and privacy concerns all around HB 1181. “Essentially, what the law is doing is making people provide information to the government so they can access that protected material,” Krupkin told the Observer. “What they’re trying to do is have a chilling effect on people that want to look at this particular type of material.”
The process is a bit chilling.
If you get on the porn website xhamster.com in Texas, you’ll be met with a page that says you must be 18 or older to access the site. “In order to comply with Texas law, we have implemented a procedure to verify the age of users accessing our website from Texas,” the site says. It then asks you to check a box that says you consent to the collection and processing of your biometric data, photo and ID (if applicable) for the sole purpose of confirming your age.
The site says the age verification process is carried out by a third party, is highly secure and takes about one minute. Hit start age verification and you’re on your way to giving up your personal information to watch some porn.
There are three ways the site allows you to verify your age. First, there’s age estimation where the site asks you to take a picture of yourself to use your biometric information to estimate and verify your age. You can also verify your age with a digital ID. If you choose this method, the site will instruct you to download the app Yoti, which will ask you to upload a picture of your photo ID (passport, drivers license, etc.) Now, if you’re asked to confirm your age, you can just scan a QR code in the app to do so.
Lastly, you can choose to upload a picture of your ID and scan your face right on the site.
HB 1181 prohibits these sites from retaining any of this identifying information. However, if this information is retained, it’s on the individual to bring damages against the websites. In March, the 5th U.S. Circuit Court of Appeals upheld the law in a divided decision saying it was constitutional.
Krupkin still has his concerns.
“It is invading your right to privately look at protected First Amendment material,” Krupkin said. To him, it's all political theater. "I think it's just performance art by Ken Paxton and his cronies," he said. "To me, it's just performance."
