ALBANY, NY (WRGB) — New York lawmakers have taken steps to protect children from the harmful effects of social media and the internet.
Now two Capital Region lawmakers are going one step further to prevent kids and teens access to pornography sites.
“We have to be sure that we as a legislature and as parents and people who are in the state that we’re always keeping up with technology,” said Assemblywoman Mary Beth Walsh.
Walsh and Senator Jake Ashby have introduced a bill that would require pornographic sites to have a digital age verification authenticator like using a driver’s license.
“We talk a lot about young brains and their wiring of brains. There’s been studies that have shown that if you wire kids brains with pornography that that’s something that really can follow them throughout their entire lives,” Walsh added.
Across the country, 24 states have passed similar bills.
But in June, the Supreme Court sided with the state of Texas after the Free Speech Coalition (FSC), an adult industry trade organization, claimed the bill violated people’s rights.
“The reason why there was some resistance is that people are afraid that adults who want to access the pornography site, their identification will be disclosed, and it interferes with their rights,” said Eugene Welch, partner at Tully Rinckey PLLC.
In 2023, FSC said: “While the proposed bills laudably bar companies from retaining this information, that does not mitigate the dangers of transmitting it in the first place. The mere collection of this information opens users up to the risk of data breaches. Even good actors and governments struggle to secure this type of data, as we’ve seen countless times in recent years.”
Legal experts say the bill could see challenges in New York.
“The New York state legislature is predominantly democratic control, and so it’s not likely that such a law would pass in New York state,” added Welch.
However, Walsh is optimistic; “You have to be a member the majority if you want to carry a bill and get it across the finish line that has statewide importance so I need to try to get the word out and kind of shop the bill and hopefully find some people that will be willing to get on board.”
If passed, the Attorney General’s office would be able to fine companies who don’t comply.
