CAVEAT – As the cited cases in this article make it through the appeal process in the United States, the current legal status of each case can change as well.
Recent events in Indiana, Tennessee, Mississippi, Ohio, Utah, Arkansas, California, and Florida in the United States highlight the complexities and unintended consequences of implementing laws aimed at restricting minors, via age- verification, from accessing adult-oriented websites. In all these 8 States, these laws were heralded by government and special interest groups to be an effect tool in combating youth accessing adult oriented sites online. After reviewing court and press documents in the above noted States, today, courts in the US have blocked age-verification laws in 7 of these States primarily due to concerns about free speech and privacy violations under the U.S. Constitution – it is expected that similar court challenge will take place in other States that have, or are looking to, implement similar age-gating laws.
Of interest, in States where such laws are active and have not yet faced a court challenge, such age-verification laws have driven significant spikes in the use of Virtual Private Networks (VPNs), further complicating the issue. For instance, Florida enacted an age-gating law on January 1, 2025, requiring age verification for access to adult sites. According to GOOGLE Trends, within hours of its implementation, searches for VPNs in Florida increased by over 1150%. This surge in VPN usage illustrates how easily technology can circumvent well-intentioned but poorly designed laws and regulations.
As digital literacy and internet safety advocates, we’ve long argued (1) that:
#1/ Ill-conceived laws are unlikely to withstand legal challenges.
Courts have consistently blocked State-level age-verification laws in the United States, citing privacy and free speech concerns. These rulings emphasize the importance of creating solutions that respect constitutional rights while addressing the issue at hand. This is also important for those who live in Canada given our Charter of Rights and Freedoms when it comes to drafting federal legislation when it comes to youth and their use of technology and social media.
Note – there is no doubt that these court decision will be appealed in the USA all the way up to their Supreme Court, but this will take time.
Note – There is growing discussions that the new national ban on social media for those under the age of 16 in Australia is likely going to face constitutional challenges in their country as well (2)
Note – The UK has now announced that it will NOT be introducing social media bans similar to Australia for those under the age of 16 (3)
#2/ Laws alone won’t make kids safer online.
Even if and when these laws pass, they do little to prevent tech-savvy youth from finding ways around restrictions. VPNs and other technological tools enable users to bypass geographic limitations, rendering state-level efforts to prevent access by youth ineffective.
VPNs allow users to route their internet traffic through servers outside their home state, province, or country, masking their location and circumventing local restrictions. For teens, many of whom are adept at navigating technology, a VPN represents an easy solution to bypass age-verification laws. With the increasing availability of free and low-cost VPN services, such laws become almost impossible to enforce.
In Florida’s case, the immediate rise in VPN searches underscores a fundamental issue – laws that don’t account for technological workarounds fail to achieve their goals and may even inadvertently promote the use of tools that grant broader internet access to youth and teens. Although these laws may make some feel good, in actual fact, they do little if any good.
The surge in VPN use following Florida’s age-verification law is a stark reminder that restrictive laws alone cannot safeguard kids online – something that was also researched in this study called “State-Based Online Restrictions: Age-Verification and The VPN Obstacle in the Law” (4) Education, parent and caregiver involvement, and collaborative approaches are more sustainable and impactful ways to address the challenge of keeping minors away from inappropriate content.
The recent surge in VPN usage following Florida’s age-verification law, along with legislative failures in several US states, underscores the limitations of restrictive laws in protecting minors online. These laws, though heralded by policymakers and special interest groups as solutions, fail to account for the realities of modern technology and the constitutional rights at play.
Simply put, laws that neglect the technological landscape and overlook constitutional safeguards are unlikely to withstand legal scrutiny or achieve their intended outcomes. Instead, they risk promoting unintended consequences, such as driving youth to adopt tools like VPNs that provide even broader access to online content. This is why we need to do it right here in Canada.
To truly safeguard children online, we must focus on strategies that empower families rather than relying solely on legislation. Is legislation needed to hold technology and social media companies accountable for their products? – YES! But it needs to well thought out and not something passed out of emotions or a political agenda. (5)
We continues to believe that open communication, digital literacy education, and collaborative solutions between parents, caregivers, and educators offer a more effective and sustainable path forward. By addressing the root causes of youth interest in adult content and equipping families with the tools to navigate the online world responsibly, we can create a safer and more informed digital environment for all.
By focusing on proactive, thoughtful measures rather than reactionary legislation, we can create a safer onlife landscape that protects children without compromising constitutional rights or fostering technological end-runs.
Digital Food For Thought
The White Hatter
Facts Not Fear, Facts Not Emotions, Enlighten Not Frighten, Know Tech Not No Tech
References:
2/ https://verfassungsblog.de/why-australias-social-media-ban-for-kids-may-breach-its-constitution/
4/ https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4716493
