Free Speech Coalition Executive Director Alison Boden wrote to Hobbs, outlining the free speech and privacy concerns raised by HB 2596 and copycat bills being passed around the country. The text of the FSC letter follows:
The Free Speech Coalition, an advocate for the rights of the adult industry and others engaged in constitutionally-protected sexual expression, writes to express our deep concern regarding HB2586, and ask that you veto the
legislation.
The adult industry whole-heartedly supports efforts to keep young people from material that is age-inappropriate or harmful. Unfortunately, HB2586 has significant practical, technical and legal problems that render
its ability to protect children limited, while creating dangerous privacy risks for adults, and violating the First Amendment rights of both consumers and producers.
Age-Verification Bills Have a Substantial Chilling Effect
In the past fourteen months, several similar age-verification bills have gone into effect in other states. In that time, we've seen a substantial chilling effect on adult consumers seeking to access legal content. Some adult websites
initially attempted to comply with the laws, only to find that the vast majority of adult consumers -- as many as 97% -- refuse to submit their ID or otherwise engage age-verification protocols.
Despite the claims of the
proponents of HB2586, submitting an ID online for sensitive content is simply not the same as flashing an ID at a checkout counter.
The process is expensive and complicated, and most consumers fear the real risks of surveillance,
identity theft and exposure.
Proponents of these laws have promised that this information will never be shared, but anyone who knows the history of the internet and hacking, knows how unrealistic that is.
Even more worrisome, these bills allow this sensitive information to be stored and sold. While age-verification providers themselves are barred from retaining this information, state governments, credit bureaus, employers, banks or other databases against which age and identity is checked are not.
Unfortunately, this chilling effect goes far beyond explicit adult content. The law is written so broadly that the description or depiction of nudity, sexuality or sexual activity can create liability for a website, if it is
determined to be inappropriate for a single minor. In the past several years, we've seen that the designation material harmful to minors has been weaponized to censor art, sex education, LGBTQ+ literature and healthcare resources, chilling speech
throughout the public square. With HB2586, the same tactics could now be applied to the internet.