Guarding Digital Privacy in the Age of Online Verification: A Looming Threat


The internet landscape may shift dramatically in the future years as a wave of kid safety legislation is reviewed in numerous states and nations in 2022 and 2023.

These rules concentrate around requiring age verification for internet users in order to safeguard children from inappropriate content. However, the goal of child safety through age verification may have serious ramifications for all users’ online privacy. Lawmakers in the United States and around the world are particularly concerned with limiting children’s access to social networks and explicit content websites. Some states in the United States, such as Louisiana, Arkansas, and Utah, have already established rules governing underage social media users, while federal measures and legislation from other nations, such as the United Kingdom’s Online Safety Bill, are also in the works. These regulations differ in their requirements for age verification technologies, with some requiring specific features and others taking a more indirect approach by penalizing websites that accept minor users. Age verification is not entirely new; in the United States, legislation such as the Children’s Online Privacy Protection Act (COPPA) have been in effect for people under the age of 13. Current methods, however, such as checking a box or entering a birth date, are easily falsifiable.

As a result, policymakers are pressing for more comprehensive verification measures to successfully protect youngsters online. There are several methods for verifying age, ranging from employing a third party to verify identity via credit cards or government-issued IDs to more experimental methods such as face recognition or inferring age from online behaviour. All of these solutions, however, have substantial downsides and privacy problems. Credit card and ID-based verification procedures may reject people who do not have access to such documents or who may readily obtain cards. While facial recognition appears to be less intrusive, it may not precisely establish users’ ages and presents privacy and reliability concerns, particularly for persons with various appearances. Another problematic option is inferring age from surfing history, which could involve significant surveillance and may be inaccurate. Although solutions such as France’s token-based system try to reduce the transfer of personal information, VPNs can still be used to avoid it. The EU’s proposed browser-based interoperable age verification system provides consumers with options, but it still entails verification, which may compromise privacy. All of these solutions are causing alarm among privacy and civil rights groups, who see them as surveillance systems that collect and potentially sell user data. They suggest that putting in place age verification mechanisms may unintentionally legitimize widespread surveillance. Even proponents of child protection legislation, such as Senator Richard Blumenthal, have expressed concerns about age verification due to the risk of data exploitation and misuse. According to the Electronic Frontier Foundation (EFF), all age verification solutions are monitoring tools, further eroding online privacy. Governments are nonetheless pushing ahead with age verification regulations, despite judicial challenges and concerns about constitutionality and privacy rights. A national age verification system is one of several ideas introduced in Congress to protect youngsters online. The Online Safety Bill, which includes age verification for porn sites, is expected to become law in the United Kingdom.

The dispute revolves around whether age verification is equivalent to displaying an ID to purchase alcohol or if it has a significant impact on free speech and privacy. Critics say that the lack of a safe, private infrastructure for online age verification puts constitutionally protected expression at risk. Furthermore, people utilize the internet for considerably more diverse purposes than they do actual adults-only locations, making online restrictions more draconian. There is concern that age verification regulations may have an unintended impact on non-explicit websites, such as those providing sexual health or LGBTQ resources. In essence, while age verification measures may face legal challenges, they have the ability to change the way people use the internet by restricting access to various platforms and, to some extent, sealing off the online world.

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