(LAS VEGAS) — To Cherie DeVille, one of the adult entertainment industry’s most popular stars, pornography — and its easy accessibility online — is a fundamental freedom protected by the First Amendment.
“This isn’t a whim or something that I’m going to do for a week. I love this job,” said the former physical therapist turned sex worker who has millions of followers on social media. “It’s very good business for me.”
To parents with young children, like Dawn Hawkins of Virginia, America’s multibillion-dollar porn juggernaut is a social poison infiltrating families via the internet.
“How are we going to teach our children healthy intimacy and boundaries and consent when what they’re viewing across multiple platforms is sharing really the opposite message,” said Hawkins, who wants stricter controls for sexually-explicit content.
The age-old debate over the widespread availability of pornography in America will enter a new phase this spring as the U.S. Supreme Court decides whether states can legally require websites hosting adult content to perform electronic age verification of all users.
A green light for online age checks could dramatically alter how millions of U.S. adults access sexually explicit content on their phones, tablets, and computers and potentially build a more stringent safety barrier for children than what currently exists.
The decision will come at a time when hardcore porn is booming business and easier to obtain than ever before, with the rapid proliferation of adult film studios, live camera websites, social media platforms, and online networks of amateur creators. Many sites have no paywall or age verification gateways.
“It’s not a matter of if my kids are going to be exposed to pornography. It’s a matter of when. It’s definitely going to happen,” said Hawkins, a mother of 5 who also heads the National Center on Sexual Exploitation, which has led an effort to crack down on the porn industry.
Hawkins and many national parent organizations have voiced growing concern in recent years that software filters and parental controls on personal electronics – installed by manufacturers and long considered the primary line of defense for families – have not been effective at keeping explicit content from kids.
More than 70% of men and 40% of women say they’ve consumed sexually explicit content in the past year, according to a recent study in the Journal of Sexual Medicine. American teens have reported similar levels of exposure in studies reviewed by ABC News.
Public health experts say young people who view sexually explicit content are more likely to start having sex earlier, engage in unsafe sex, and have multiple partners.
“As long as we’re prioritizing adults’ access to this content and not also prioritizing children’s safety, we are going to destroy the next generation,” said Hawkins. “We are just asking that the pornography companies put a fence around it and make sure that those accessing this content are of age.”
Nineteen states have recently passed laws mandating that sites containing sexually-explicit material harmful to children require all users to upload a copy of their digital or government ID, or perform a biometric scan, in order to verify that they are over 18. Legislators say the measures are common sense steps similar to age checks at brick-and-mortar stores.
“It’s possible to prove your age entirely on your own cell phone. So, no personal data need ever leave the palm of your hand,” said Iain Corby, executive director of the Age Verification Providers Association, an industry trade group that sells technology to adult websites.
Third-party apps — used widely by porn sites across Europe — can make the verification process fast, free, and secure for consumers, Corby said.
“The simple case might be using a driver’s license. So you would be redirected to an agency’s website, and then once you’ve done a photo of your I.D., you do a selfie. And then we check that the two match,” Corby said. “We just tell that website that you’re over 18 – not your name, not your face, and not even your actual date of birth. Just that you were over 18.
“Another option works in a very similar way to facial estimation, but in fact, it’s based on how you move your hands,” added Corby, demonstrating the biometric scan technology for ABC News.
The porn industry, backed by the American Civil Liberties Union, says online age-verification requirements are unconstitutional, infringing on adult rights by putting privacy at risk and impeding access to legal content.
Decades of Supreme Court precedent have upheld the constitutionality of pornographic material and adults’ right to access it. In two separate cases, the court previously ruled that the government can’t mandate age verification of users online before allowing them to see explicit material.
“Whenever the government is passing a law in the name of protecting kids, I think there are serious questions to be asked about whether what it’s really doing is saying this speech is bad for everyone,” said Vera Eidelman, an ACLU attorney. “And that’s exactly what the First Amendment exists to protect against.”
Industry advocates say the onus should remain on parents and technology companies, which they claim have the capacity to install smarter content filters and other safety monitoring controls on devices used by kids.
“Kids are going to do what they’re going to do. You know, you don’t ban alcohol because kids can get a fake ID or because they can drink from their parents’ liquor cabinet,” said Ken Fields, an adult film actor who opposes electronic age verification laws. “You do the best you can to try to keep that from happening within reason without infringing on the legal rights of legal adults and citizens.”
The Texas law at issue before the Supreme Court applies to websites with more than one-third of sexually-explicit content harmful to children. It does not apply to search engines or social media sites. Critics say it could also limit teenagers’ access to public health and sexual health resources unrelated to porn.
“I think their heart is in the right place. The execution is not there,” said Nick from Colorado, an attendee at the AVN Expo in Las Vegas last month, the nation’s annual adult entertainment convention. “There’s a way to do it, it’s just not the way it’s being done.”
Several participants, who all declined to share their last names, told ABC News they worried about a loss of anonymity when surfing to adult websites. “If you do absolutely upload your driver’s license, who gets it? So where does that information go?” said Meredith from Tennessee.
“There’s a lot of ways you can get shamed, whether it’s at work or other places,” said Brett from Florida. “It’s more of a privacy concern than anything else.”
During Supreme Court oral arguments last month in a major test case from Texas, a majority of justices appeared sympathetic to the states’ efforts to limit kids’ exposure to sexually explicit material, despite long standing precedent opposing overly burdensome requirements on adults, including electronic age checks.
A decision is expected by the end of June.
“It’s going to be a massive amount of monetary loss, and I think you’re going to see an explosion of illegal, unethical porn because they don’t care and they won’t comply,” said DeVille. “I do not care what you think about porn. This should terrify you because this is a massive government overstep in one of our most cherished things in the United States.”
To Hawkins, a favorable decision would be a sigh of relief.
“The burden can’t only be on parents,” she said of the need to keep children away from pornography. “Something like demanding age verification on these nefarious websites is such a simple, commonsense measure that that would drastically help protect kids from exposure.”
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