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Supreme Court's ruling practically wipes out free speech for sex writing online

698 points7 monthsellsberg.substack.com
al_borland7 months ago

All these ID check laws are out of hand. Parents are expecting the government, and random websites, to raise their kids. Why would anyone trust some random blog with their ID?

If these laws move forward (and I don’t think they should), there needs to be a way to authenticate as over 18 without sending picture of your ID off to random 3rd parties, or giving actual personal details. I don’t want to give this data, and websites shouldn’t want to shoulder the responsibility for it.

It seems like this could work much like Apple Pay, just without the payment. A prompt comes up, I use some biometric authentication on my phone, and it sends a signal to the browser that I’m 18+. Apple has been adding state IDs into the Wallet, this seems like it could fall right in line. The same thing could be used for buying alcohol at U-Scan checkout.

People should also be able to set their browser/computer to auto-send this for single-user devices, where it is all transparent to the user. I don’t have kids and no one else’s uses my devices. Why should I need to jump through hoops?

conradev7 months ago

You mean like this?

https://webkit.org/blog/16993/news-from-wwdc25-web-technolog...

It’s a W3C spec led by Okta, Apple and Google based on an ISO standard and it is being rolled out as we speak.

This part

  other iOS applications that have registered themselves as an Identity Document Provider.
Has some fun history: California went with an independent contractor for its mDL implementation, which ultimately pressured Apple into integrating open(-ish) standards to interoperate.
al_borland7 months ago

This is interesting, but I’d like to go a step further. I watched the first quarter of the video on where they go over how it works. The site requests data from your ID and they get that data. The site chooses which data it needs and if it will store it or it or not. Sites these days have a tendency to ask for more than what they need, and to store it for profiling purposes. The user can deny the request, but then can’t use the site. They are then left with a dilemma. Give up this personal information or not have access at all? Companies are betting on users giving up privacy in exchange for access.

What I’d like to see is for the site’s request to contain their access rules. Must be over 18, must be in country X, etc. Then on-device it checks my ID against that rule set, and simply returns a pass/fail result from those checks. This way the site would know if I’m allowed to be there, but they don’t get any specific or identifiable information about me. Maybe I’m 18, maybe I’m 56… they don’t know, they both simply send a pass. For a simple age check, a user’s exact birthday, name, address, etc are irrelevant, but I bet companies will get greedy and try to pull it anyway.

I see the monkey paw of the ID spec as leading to more companies seeking to get all our data, when they really don’t need it, and have shown they can’t be trusted with it.

I already see this with Apple Pay. When buying a digital item, some companies are awesome and simply take the payment with no other data. Others pull name, address, email, etc to make a payment when none of that is required.

rocqua7 months ago

Zero knowledge proofs are the solution.

The website sends the verification function to the user device. The user device then returns a proof that it knows an input that the verification function accepts.

The verification function should include a digital signature check.

This is generally possible already with SSI based credentials, including standards created by W3C.

+1
tanewishly7 months ago
conradev7 months ago

The spec is being implemented by Apple, who is sensitive to privacy issues.

The intent of the ISO spec is to allow you to request fine-grained data, like birth year only, but if you read the W3C standard, they explicitly call out privacy as a complex thing that maybe should be regulated.

The spec spells out the complexity: some ID verification processes actually need a lot of info! But some, like an alcohol age check, do not. The spec can do both, but it’s hard to differentiate these technically. The spec does lay out what user agents should do to make it clear which information is going where.

A bad scenario would be designing an API that is too hobbled to replace the invasive “photo of an ID” companies, which this spec seeks to do.

I’d prefer an open web standard that can be abused (with user consent) to a closed App Store-only API or the status quo

+4
AnthonyMouse7 months ago
chme7 months ago

> The spec is being implemented by Apple, who is sensitive to privacy issues.

I generally agree with your points, but I wouldn't trust Apple, or any publicly traded company, to have any kind of ethics. Just because their incentive to make as much profit as possible, leads to them trying to differentiate themselves from other companies, and thus they choose to temporarily align with privacy concerns doesn't mean they will not compromise on them, if they see better profits elsewhere.

I rather have privacy enforcing regulations like the GDPR or policies that go even further, than relying on publicly traded companies to protect their users.

OldfieldFund7 months ago

Those $99 fake driver's license sites are going to make a killing

vlovich1237 months ago

For what it’s worth these mDL providers are the people already contracted to provide the services for the government to manage the IDs and the IT system for the DMV. They were part of the ISO standardization body for mDL. Not sure California’s choice pressured Apple so much as it being an international standard that had support from the governing bodies in Europe, UK, North America and Japan (met all of them there).

Apple wasn’t there when I was and even broader Google joined about 6 months after I left Google in 2015 (I was just proactive about seeing the standard coming) but the big players hopped on board later in the process.

We were all also acutely aware of the privacy implications and making sure the bodies would sign records of >18, >21 to avoid having to share too much info (pre ZKproofs being more widely accepted recognized).

veeti7 months ago

> Marcos Caceres (Apple Inc.) > Tim Cappalli (Okta) > Mohamed Amir Yosef (Google Inc.)

Don't forget: these are the upstanding members of society who brought the dystopia to you.

bawolff7 months ago

Personally i'd be much more excited about something like https://zkpassport.id/

VBprogrammer7 months ago

The slippery slope from here to banning under 18s looking at websites discussing suicidal thoughts, transgender issues, homosexually and onto anything some group of middle age mothers decide isn't appropriate seems dangerously anti-fallacitical.

cmilton7 months ago

While I completely understand the slippery slope concept, we ban all kinds of things for under 18s based on morals. Why couldn't these be any different? How else does a society decide as a whole what they are for or against. Obviously, there should be limits.

afavour7 months ago

The question is always “whose morals”. I think society as a whole is in agreement that minors are better off without access to pornography, for example. But the arrangement OP is outlining is one where a minority are able to force their morality on a broader population that doesn’t agree with it.

+3
lelanthran7 months ago
bobbruno7 months ago

> society as a whole is in agreement that minors are better off without access to pornography

Once a significant part of said society can't (or won't) differentiate sexual education and intimacy from pornography, I don't think your statement holds true anymore.

yew7 months ago

[flagged]

rocqua7 months ago

Those bans are leaky, and physical. They aren't censorship, and (almost?) Exclusively ban services or sale of goods to underage people. They are also costly to implement, and require a lot of state effort to enforce.

These digital checks, if done "right". Are cheap to implement, and hard to get around. They don't easily let adults allow a kid to do it anyway. And a government can trivially check if a whole swath of businesses is implementating it.

That last point makes it very easy for governments to use this for widespread ideological interventions. With very little option for others to push back, because few people are involved in enforcement.

eqvinox7 months ago

> we ban all kinds of things for under 18s based on morals. […] a society decide […]

Which society though? It used to be that political decisionmaking understood and accepted the existence of people not like the voting majority, and work to a common consensus… that's rather eroded now, and not just in the USA.

> Obviously, there should be limits.

Obviously? The only thing I'd accept as "obvious" in terms of speech limits is that which is actively violating people, e.g. CSAM, revenge porn and doxxing.

Raunchy stories? Porn with consenting participants? Fictional horror & gore? Those are not "obvious" limits…

…and then consider nude selfies exchanged consensually between 15yo teens. Is that CSAM?

sophrosyne427 months ago

A society doesn't decide and can't decide, society is an abstraction. People have different morals, and they decide. The only thing that "putting it in the hands of society" is to put it in the hands of a small group of people who will force others to comply.

tayo427 months ago

What content are you thinking of that is banned for under 18? Idk if I can think of anything besides porn.

+2
cls597 months ago
+1
6274677 months ago
+1
DangitBobby7 months ago
JumpCrisscross7 months ago

The hilarious part is this only regulates American speakers. If you want to sell Americans porn and ignore the age gate, publish from abroad.

trehalose7 months ago

It's only hilarious until they criminalize even looking at such content.

kevingadd7 months ago

How will you sell them porn when VISA and Mastercard ban you?

galangalalgol7 months ago

Sepa, pix, ideal, swish? Bitcoin? A debit card from a bank on the us west coast that has state laws forbidding them to comply with laws like Texas'? If your hosting, banking, and residence are in CA, OR, or WA, and there was no discernable intent to target residents of the other state, it seems pretty unlikely anything could happen to you. Just don't take any plane that might get emergency diverted to some other state.

Spivak7 months ago

The slope isn't slippery, it's paved with a Starbucks on the way. This process is outlined in detail in Project 2025 to get around 1A being used as a defense because the aim is to define anything as lgbt related as pornography.

The current administration has collected nearly all the pieces of Exodia to be able to legally criminalize homosexuality and transgenderism without ever writing a law that says those exact words and have it be held up as constitutional. I'd say it was clever if it wasn't awful.

happycube7 months ago

Yup... this was the plan, they published the plan, certain candidates denied it, and enough of the nation fell for/into it.

We'll be about a quarter of the way to the Chinese Internet by 2029.

Aeolun7 months ago

Only for sites hosted in the US. They’ll still be able to access Russian content on the matter of course. The land of the free web.

throwaway484767 months ago

roskomnadzor

pfdietz7 months ago

For example, banning sites that criticize the religion of the mother.

windowshopping7 months ago

Anti-fallacitical?

aaplok7 months ago

> some group of middle age mothers

With all due respect this comes across as mysoginic and ageist. It is also quite unnecessary to your point. Especially because middle aged women aren't the most powerful lobby in the US by any stretch.

ironmagma7 months ago

That seems more like your interpretation of it; it’s merely an objective descriptor of the identity group in the same way that “straight white males” is.

aaplok7 months ago

I did not mean that the words "middle age mothers" are mysoginic or ageist in themselves. I was referring to the singling out of this particular identity group within the context of OP's message.

I should have quoted a longer part of that message for better clarity. I incorrectly assumed that my full comment was enough to contextualise what I meant.

heavyset_go7 months ago

Moms for Liberty makes this their identity

mystraline7 months ago

[flagged]

dragonwriter7 months ago

[flagged]

delusional7 months ago

This is a slippery slope towards democracy I tell you! Before you know it they'll be asking for representation.

Seriously, isn't this sort of par for the course? We've always regulated what minors can access on the internet. Facebook didnt even formally allow children on their site (I don't know if that's still the case). I think it's a much larger issue that we haven't been enforcing those rules, since we apparently think they are a good idea.

soulofmischief7 months ago

This goes against the very ethos of the early web. We should not be normalizing any form of this extreme moral overreach.

damontal7 months ago

The early web died when everything went behind the walled gardens.

MangoToupe7 months ago

I would call this a "legal overreach". Laws have nothing to do with morals or morality.

soulofmischief7 months ago

In an ideal world, but in this case we're dealing with moral overreach from zealous Christian nationalists.

+1
MangoToupe7 months ago
account427 months ago

Of course they do. Laws are how we codify the subset of morals we can all (well most of us) agree on.

soulofmischief7 months ago

No, morals are individual. Ethics are what we as a society agree upon.

stubish7 months ago

Ethos of the very early Internet. It was mid 90s when people started thinking the Internet was a great resource for kids, and various blacklists arrived for DNS and email and this cool Netscape web browser thing, and Internet providers were chosen on how much of the alt.* Usenet hierarchy they provided or which IRC servers were accessible. Way back when the Internet was academia, porn and piracy and the sysadmins could do little but roll their eyes when people talked about how great it would be when the schools would be able to give their students accounts and they could all hang out in #hottub and slap each other with trouts and other innocent things. ASR?

PicassoCTs7 months ago

Its also to little, to late- the smut is in the LLMs now and they can generate whatever the user wants - locally. So good luck censoring that.

Maken7 months ago

Easy, now every site hosting LLMs weights requires age verification.

BobaFloutist7 months ago

Painstakingly hand drawing 10,000 individual dongs and 10,000 things that look like but aren't dongs so I can train my own local-only model

sigwinch7 months ago

The how-to site describing llamafiles becomes an accomplice.

CPLX7 months ago

How did widespread adoption of the libertarian techno-utopianism of the early web work out for society as a whole?

raffael_de7 months ago

not at all? because it didn't even get to a point where it could have worked out for society as a whole?

dmix7 months ago

It existed only on the edges, usually in softer pragmatic forms, and stopped a lot of bad ideas as a pressure group.

Characterizing the entire development of software and the internet in 90s-2000s as based on libertarian techno-utopinanism is largely manufactured narrative though. One I keep seeing pop up more and more. Largely by people trying to push poorly though out authoritarian gov-controlled internet by spinning the present internet (and parenting) as a product of some ideological radicalism.

+2
CPLX7 months ago
+8
watwut7 months ago
palmfacehn7 months ago

The discussion will rehash the ideological issues around negative rights vs. positive rights.

alwa7 months ago

And we could call this way… zero-knowledge proof! :)

https://en.m.wikipedia.org/wiki/Zero-knowledge_proof

I bet we could even get a major phone OS vendor to support such a thing…

https://blog.google/products/google-pay/google-wallet-age-id...

Aerroon7 months ago

I bet that in practice, at scale, these zero knowledge proofs end up being a lot more than zero.

Not to mention that you're almost certainly going to have to tie this stuff to specific accounts that will then forever and ever keep your habits collected. One day somebody enterprising is going to add all that data together too.

Tadpole91817 months ago

VPNs and zero knowledge proof systems are vulnerable to traffic analysis (based on packet size and timestamps) and there's almost no cure.

Mullvad is the only VPN I know of that has a mode that normalizes all packets to the same size (going into the VPN) and sends fake packets that don't get sent as real traffic. But that's only obfuscation and, at low traffic or high bandwidth (videos) or with sufficient heuristics, it can be beaten.

The US has basically zero regulation on selling this data. I can imagine a world where within a couple decades the US has one of the largest blackmail crisis ever seen, as foreign governments target civil workers. Or, I guess, at this point, the US government against the "undesirable" party within this administration.

+1
bawolff7 months ago
cryptonector7 months ago

> VPNs and zero knowledge proof systems are vulnerable to traffic analysis (based on packet size and timestamps) and there's almost no cure.

All comms are subject to traffic analysis except surreptitious, covert channels (which can't be covert if the implementations are widely available).

bawolff7 months ago

> I bet that in practice, at scale, these zero knowledge proofs end up being a lot more than zero.

Zero knowledge proof is not a marketing term, its a math term. Maybe sometimes they are implemented wrong, but if they are implemented correctly its pretty rock solid. Certainly more rock solid than much cryptography which rests on sketchy foundations.

michaelt7 months ago

Do we expect Apple to implement a special, privacy-preserving age proof for porn viewers? Apple hates porn, when it's on websites like Tumblr.

alwa7 months ago

At the same time they seem pragmatic about putting their mark on standards. It seems to me like we’re at a confluence: a regulatory tipping point where there really is pressure to bring laws to bear on online harms affecting kids; and a socio-technological moment where “gotta distinguish kids from adults” can realistically happen separately from “…by handing over personal info directly to shady random counterparts.”

Individual smartphones with biometrics are these days a whole-of-society norm, technologists have developed a mature body of cryptographic work to assert ZKPs, the US population seem to have lost their aversion to centralized ID systems… and the periodic moral panic about the kids seems to be at a high tide.

In the same way that Apple don’t prevent, say, Safari from being used for prurient purposes, or Final Cut Pro from being used to edit naughty bits, I don’t see why they wouldn’t want an opinionated implementation as a concept develops of a generic “digital tool to assert your age, and only that.” Especially since Android is doing it and leaning into the privacy angle.

tzs7 months ago

I expect Apple will implement a general privacy-preserving arbitrary attribute proof, with age proof just one of the things it could be used for, probably using something similar to the library that Google recently released [1].

[1] https://news.ycombinator.com/item?id=44457390

meowkit7 months ago

Zero knowledge proof smart contract verification called by the site interested in your age. You provide your public key wallet with its government issued soul bound NFT of your identification.

This can be done, its not that crazy, it just requires a bunch of people to get their heads out of their sand in regards to tech and blockchain, which admittedly might be a harder problem.

——

Additonal thought- if you don’t understand what I’m saying or have a negative reaction just plug the comment + thread context into an LLM and see what it says / ask for a clearer explanation.

root_axis7 months ago

ZKP is all you need. The NFT or blockchain stuff is unnecessary can be discarded.

blurbleblurble7 months ago

Yet then again how hard is it to just grab your parents' ids while they're not looking and add it to your phone wallet?

cloverich7 months ago

They can require a selfie to compare against, multiple documents, a video, etc. IMHO best bet is to consolidate the validation to a small set of reputable companies, delegate validation to them, then improve regulations around access. Eg non-reputable site needs to know you are 18 (etc) but not see your actual id if they can have a third party do it in a blind-to-them fashion.

sigwinch7 months ago

Accessing my site after that would violate CFAA, right? Minors are not exempt from CFAA.

__turbobrew__7 months ago

Gate it in the touch id secure enclave. Then only the biometrics of the adult can provide the proof that they are over 18.

blurbleblurble7 months ago

I'm just saying that if age verification is done via a "smart card" then it shouldn't be hard to just add that to the phone.

Unless of course they're planning on making us go to some facility to ensure our phones get the digital components of the IDs get loaded into the secure enclave? Which sounds dystopian as heck given the scenes coming out of the US right now.

Springtime7 months ago

It would be preferable if the prover party that holds the credentials in this scenario weren't Google. If anything I'd prefer a government issued digital ID with some form of local-only cryptographic exchange where neither the government knows someone has verified at a particular site/service and the verifier doesn't get info about one's identity. Just some cryptographic proof that verifies an age ('just' is doing some heavy lifting).

In past HN comments this apparently exists IRL in Germany and/or Canada, where age can be proven via a smartphone without leaking one's identity to the verifier and without any communication back to the government.

andrepd7 months ago

Eh. So now I'm forced to have all my IDs stored at an advertising behemoth. Not really a great situation either.

You're practically forced to have a Google/Apple account and a google/apple smartphone to even exist in today's world.

gxs7 months ago

There was a thread on reddit asking the other day what about the modern world bothers you the most

I actually considered this question and after thinking about it, despite everything going on, I think it boils down to lack of privacy as my biggest gripe in the modern world

It’s such a tough concept to explain to the if you don’t have anything to hide crowd, but if someone wants to disappear, I don’t care if for good or bad reasons, they should be able to

If you don’t want the government on you, if you don’t want people you know to find you, if you just want to reinvent yourself, it doesn’t matter why - you should be able to do this. It just “feels” like an innate right. Normally I don’t like to argue using “vibes” as justification, but this to me is just part of my value system/morals which is inherently arbitrary to begin with

Encroaching on this privacy encroaches on a bunch of other rights, like free speech as you’ve mentioned

The fact that this is the case makes it even clearer to me that privacy is a basic fundamental primitive

Would love to hear alternative perspectives and other justifications for or against privacy

opello7 months ago

Either so few people appreciate the freedom that privacy confers or the perceived conveniences for trading it away are too compelling because of just how little society has done to protect privacy.

I only imagine it changing after a significant cultural change in which the economic value is not held as higher than the value of privacy, but would be delighted to be wrong in this regard.

pixl977 months ago

The cultural change will only come after society bears a significant cost.

olddustytrail7 months ago

That's literally what EU privacy laws are about and guess what...

Anti government folk from the USA hated them and decided they were government overreach.

rdm_blackhole7 months ago

Please, the EU is trying to ban encryption at this very moment, to say the that EU is pro privacy is a bit of a joke really.

Privacy from companies maybe, privacy from governments and cops, certainly not.

const_cast7 months ago

The EU is both pro-privacy and anti-privacy. In many ways, they're ahead of the US - you can opt out of more telemetry, more advertising, more tracking. Good. But then the encryption stuff - bad.

Informed consent laws - good. Laws about third-party tracking - good. So it's some good, some bad.

But, on the topic of encryption, it's not like the US is pure here either.

+1
kergonath7 months ago
+2
delusional7 months ago
+1
olddustytrail7 months ago
chgs7 months ago

Us techbros like it when Bezos and Zuck and Musk have all the information, because you can “vote with your dollar” and avoid them.

base6987 months ago

Ah yes, lock you up for Facebook posts UK is the bastion of privacy.

+1
olddustytrail7 months ago
gxs7 months ago

To be fair to OP I don’t think the UK is in the EU

stubish7 months ago

Privacy is required for the mental health of many people, perhaps everyone except the extroverted and naive. Anxiety and fear over people watched, caught, punished, especially innocently. Anxiety and fear over their lack of privacy being abused and harming them, such as currently popularized with identity theft and other crimes, or simple ridicule or bullying. And the resultant chilling effects, where people who wish to speak feel they cannot because they might suffer, especially in cases where this is an actual risk rather than normal existential dread. Without privacy, you can't be inclusive.

jay_kyburz7 months ago

I don't feel as strongly about privacy because "community" is what holds civilisation together.

Its nice to have a little space, and to have your own thoughts and opinions, but not at the expense of civilisation.

People should not be able to use privacy to evade responsibility or debts.

We always need to balance freedoms with responsibility.

Final thought is that this is precisely why government and politics is not a joke and needs to be taken seriously. We need small transparent governments we can trust and that are a held accountable.

If you don't trust your government, you've got bigger problems than your privacy.

bawolff7 months ago

> We always need to balance freedoms with responsibility.

Sure, but is this a measure that appropriately balances it?

I think the traditional view is that the balance should be: your rights end where they start stepping on another person's rights.

We aren't really talking about someone else being harmed, we are talking about (at worst) someone harming themselves. There is no other person being harmed.

On the other hand, porn habits are a great way to blackmail people. When the identity data gets leaked, it will very easily ruin lives.

From a balance perspective, i don't really think it follows that the benefits are worth the potential harms. I think civilization is best preserved by not doing this.

raincole7 months ago

> I don't feel as strongly about privacy because "community" is what holds civilisation together.

Dude I'm sure most people are okay with their neighbors knowing their names and addresses. We're talking about the governments and megacorps here. Theses are not "communities" in any traditional sense.

> small transparent governments

No developed country has that. Not EU and definitely not the US.

> If you don't trust your government

No one should 100% trust their government.

dzhiurgis7 months ago

I appreciate your emotions, but can you explain how it impacts you in practice?

Eavolution7 months ago

I am never providing my ID to anyone who can store it indefinitely. I am an adult and have no problem showing it in a shop if required as it isn't stored. Unless it can be proven it wont be stored (i.e. the bytes are never sent from my laptop) I will not provide it.

ivan_gammel7 months ago

Your ID is effectively stored by the issuer indefinitely. What’s the difference between one and two entities? What’s the difference between two and a hundred?

al_borland7 months ago

The more people you give your personal information to, the less personal it becomes.

The servers storing this information have been hacked in the past and it will happen again in the future. The fewer places your ID lives, the lower the risk of it leaking.

Even if you don’t view the data as sensitive, it still associates a person with a website. Depending on the site, that can have negative ramifications in a person’s life. This is especially true when certain websites get associated with various political leaning and when the data leaks, the people who happened to be registered (for whatever their reason) get attacked.

ivan_gammel7 months ago

ID verification does not increase risks for majority of people. Most people don’t use single use email aliases and thus harmful association can happen for them in any leak of their account data, with or without ID details. It is likely that higher compliance requirements will actually reduce the risk of a leak. And of course, chances that every website doing verification will store your ID are very low. It‘s costly, so it will likely be outsourced to a third party provider specializing in this job (which will be much more secure than doing it with some WordPress plugin or other shitty custom solution).

+1
delusional7 months ago
andrepd7 months ago

What's the difference between a state agency issuing a document, and sending that document to 100 random websites. This is your question, correct?

ivan_gammel7 months ago

That’s a strange assumption. ID verification is part of entering the contractual relationship in many parts of this world, it’s absolutely normal thing. You don’t show your ID to random sites, only to those where you want to become a customer. If you don’t want to sign the contract, you don’t show your ID. I don’t know how many places have a copy of my passport (many hotels, for sure) and I don’t care as long as they are compliant with the laws. Tracking via ID is economically much less effective, since most websites won’t require ID verification anyway, so the biggest concern should be identity theft - but there having a copy of your ID is rarely enough in countries with developed government ID infrastructure. E.g. in Germany you must present original ID to open a bank account or change your residence address. In countries with digital IDs and government services identity theft often goes via easier routes by hijacking digital ID accounts.

rocqua7 months ago

The difference between one and two is being able to link two things I did. If you know who I am, that barely affects me. But if you can then cross-check whether I also went ballroom dancing, or went to a golf course, or went to a sexclub, or went to a ball-game. Then it starts affecting me.

+1
ivan_gammel7 months ago
throw0101c7 months ago

> All these ID check laws are out of hand. Parents are expecting the government, and random websites, to raise their kids. Why would anyone trust some random blog with their ID?

Kind of unfortunate that PICS[1][2] and POWDER[3][4] never really took off: it allowed web sites to 'self-label' and then browsers (and proxies?) could use the metadata and built-in rules/filters to determine if the content should be displayed.

[1] https://en.wikipedia.org/wiki/Platform_for_Internet_Content_...

[2] https://www.w3.org/PICS/

[3] https://en.wikipedia.org/wiki/Protocol_for_Web_Description_R...

[4] https://www.w3.org/2007/powder/

Bender7 months ago

PICS and ICRA were not adopted by many due to complexity. RTA [1][2] is a more generic header that can be used on any adult site or site that allows user contributed content and is easier to implement. There needs to be a law that requires clients to look for this header if parental controls are enabled. Not perfect, nothing is. Teens will easily get around it but most small children will not which should be the spirit of the ID verification movement. It's better than what we have today. The centralized ID verification sites will push many small sites to Tor and bigger sites to island nations and tax evasion in my opinion. More browsers are natively supporting .onion domains.

Congress critters should be opposed to the centralized ID verification systems as their browsing habbits will be exposed to the world when those sites ooopsie dooopsie "leak" the data or just openly sell it or an employee turns that data into a summarized online spreadsheet of who is into what. The kickbacks and lobbying they may be potentially receiving will not be worth it.

[1] - https://www.rtalabel.org/index.php?content=howtofaq#single

[2] - https://www.shodan.io/search?query=RTA-5042-1996-1400-1577-R... [dont follow the links, NSFW]

sigwinch7 months ago

> There needs to be a law that requires clients to look for this header if parental controls are enabled

Would that require MiTM at the network level? Or, is there a custom X.509 RTA that would tell clients not to accept the certificate?

+1
rocqua7 months ago
danaris7 months ago

> If these laws move forward (and I don’t think they should), there needs to be a way to authenticate as over 18 without sending picture of your ID off to random 3rd parties, or giving actual personal details.

But there won't be.

Because the ultimate purpose of laws like this isn't really to prevent minors from accessing porn. Ultimately, it's to

1) outlaw porn for everyone, because it's "sinful", and

2) outlaw discussions and depictions of queer—and more specifically, nowadays, especially trans—issues, because according to them, anything queer is automatically pornographic, no matter how tame the actual content is.

blurbleblurble7 months ago

Don't forget about sex education and literature in general

toomuchtodo7 months ago

Knowledge is power.

IAmGraydon7 months ago

You’re getting downvoted, likely because the people downvoting you dont realize that Project 2025 explicitly calls for the complete outlawing of pornography and the imprisonment of anyone who produces it. They also frame transgender ideology and LGBTQ+ educational materials as falling under “pornography”, essentially calling for these to be banned.

TheOtherHobbes7 months ago

And when they've banned all of those, they'll be banning r/pastorarrested for pointing out what everyone already knows about these fine upstanding moralists.

ModernMech7 months ago

> They also frame transgender ideology and LGBTQ+ educational materials as falling under “pornography”, essentially calling for these to be banned.

Close, but it's worse than that -- they don't want LGBTQ+ material merely banned; they want LGBTQ+ people dead, or at the very least banned from all public life. The next step is where they call for the death penalty for child abuse (also in Project 2025). So according to them LGBTQ+ is pornographic -> pornography is child abuse -> child abuse is punishable by death -> therefore existing as a queer person is punishable by death.

LexiMax7 months ago

Here's the quote about their plans for transfolk:

> Transgender people will see their existence denied and their rights stripped away under Project 2025. The authors equate "transgender ideology" to pornography, calling for it to be outlawed. While the far-right policy agenda cannot directly ban transgenderism, it aims to do so indirectly by labeling it as pornography, and then outlawing pornography itself - effectively erasing transgender identity from the U.S.

Source: https://doctorsoftheworld.org/blog/project-2025-lgbtq-rights...

+1
harvey97 months ago
Tadpole91817 months ago

No, they very much realize that. The people down voting them want these things. HN isn't some bastion of progressive thinkers or the libertarian hacker-minded anymore. It's chock full of wealthy tech-bro neocons who dote on figures like Elon Musk.

Just see how any criticism of dear leader gets flagged in mere minutes now.

ndiddy7 months ago

The actual point of these laws isn't to stop minors from viewing the material, it's to stop sites from hosting the material entirely. They're using "protect the kids from obscene content" as a wedge to get popular support. Acting like some technical solution to make authenticating as an adult more user-friendly would make the politicians who want this implemented happy is disingenuous. Let's take a look at how Tennessee has legislated their ID check should be implemented:

- ID must be verified either by matching a photo of the user to their photo ID, or by processing private transactional data (i.e. a credit card transaction).

- The user must verify their ID at the start of the session, and every hour the session is active.

- Historical anonymized ID verification data must be retained for at least 7 years.

- Anyone running a site that's viewable in Tennessee without the above ID verification rules is committing a class C felony, regardless of what state they reside in or host their site in.

This is clearly an attempt to stop any content they label as "obscene" (using a very broad definition of "obscenity") from being viewable at all in Tennessee. It's a completely unreasonable set of hoops to jump through that solely exists as a fig leaf because they know that making a law banning the content entirely would be ruled unconstitutional.

BobaFloutist7 months ago

7 years is crazy. I can't think of a single plausible justification for that that isn't dramaticallly expanding the purported scope of the law

ai-christianson7 months ago

The pre-red-tape internet was glorious. Only way to get that back is to decentralize everything.

trod12347 months ago

No entity willingly gives up control, and that is what this issue is about.

This is going to impact every book out there, creating an environment where the authors simply can't tell their stories anymore because of someone's moral shock.

Bad things happen in stories to characters, and authors need that flexibility. Its the journey in overcoming these things that makes the story good. The moment you or an author can't express reality without it being a felony, is the moment you no longer have real writers.

Some people don't write for money, and these things impose untenable cost on everyone.

tw047 months ago

The irony here being that the same people who want this are the ones screaming from the rooftops about the government indoctrinating their kids.

*Also, I can’t wait for the first lawsuit over a breastfeeding page, because you know it’s coming.

drak0n1c7 months ago

Thinking about client vs server, wouldn't it be even less wide-ranging, less costly to enforce, and more appropriately targeted if such mandates are one-time and on the client side - only on device manufacturers and OEM-shipped OS? Suppose new mass market devices are defaulted to parental controls on, until unlocked by an adult at point-of-sale or afterwards through a form of validation? The KYC of who unlocked it could be anonymized or the PII-proving side of the log if it needs keeping could be on-device only (high bar for criminal investigations). There should be a clear exemption threshold for low volume indie products, build your own PC, and open source self-install like Linux - since the purpose is to protect ignorant/apathetic consumers.

anondude247 months ago

Are you ok with all devices considering the user hostile and coming with heavy encryption and locked bootloaders?

> There should be a clear exemption threshold for low volume indie products, build your own PC, and open source self-install like Linux - since the purpose is to protect ignorant/apathetic consumers.

Then everyone will just follow a YouTube tutorial to reinstall their operating system and bypass restrictions. There were TikTok videos teaching kids how to steal cars, would there not be easy to follow instructions to bypass whatever client side filtering is implemented?

I get where you're coming from, but mandated client side filtering has been tried and has been ridiculed as a complete failure every time. Attempts have been made to market and provide filtering products to parents with little effect, with them either being easy to bypass or difficult to use.

It's actually kind of interesting to see the people who were fighting against client side filtering are now advocating for it, because server side restrictions are the next logical step.

al_borland7 months ago

This would actually be an effective way to teach kids about technology. If they learn enough to install their own OS, let them have their smut.

I’m hearing more and more how younger generations don’t have what people used to call basic computer skills, because everything just kind of works now. Putting up some road blocks that require research and hands on tinkering to solve, is an invaluable part of the learning process.

drak0n1c7 months ago

While I wouldn't put it that way, I definitely agree that local device technical obstacles are the best conduit for learning as a youth. As a kid and young teen during the 1995-2005 era there were a lot of hoops to figure out and jump through as a gamer with Mac and then Windows ME. There were no video guides or wikis - just print manuals and text forums. Needing to upgrade the family computer RAM from 128 mb to 512 mb to get WoW above 2-3 FPS was a formative experience.

One could say the same of server/cloud obstacles, but because those systems are afar and opaque, it's easy to be content copy-pasting scripts. And there is less sense of progression and ownership since it doesn't involve building up your own environment.

anondude247 months ago

I'm not sure bribing kids with smut to learn computer skills is good branding.

rocqua7 months ago

> Are you ok with all devices considering the user hostile and coming with heavy encryption and locked bootloaders?

This might be the least bad option. If it prevents server side enforcement, then settling on government enforcement of the commercial status quo might be less bad.

And what you describe is already the case for almost all devices anyway. The commercial incentives are there. And sadly, from a security PoV it is also quite valuable.

phendrenad27 months ago

> Why would anyone trust some random blog with their ID?

They won't have to, most websites will use 3rd party age verification. This is basically what Doordash and Uber Eats use to verify your age before delivering alcohol or THC to your apartment.

Rife for abuse? Absolutely. Will these databases get leaked and increase the chances of your identity getting stolen? Yes. But isn't a small increase to an already-existing problem.

sethammons7 months ago

Those drivers check my ID at the door.

phendrenad27 months ago

You didn't have to provide your ID when you enabled alcohol delivery? That's how it works in California, at least.

+1
sethammons7 months ago
csomar7 months ago

> If these laws move forward (and I don’t think they should), there needs to be a way to authenticate as over 18 without sending picture of your ID off to random 3rd parties, or giving actual personal details. I don’t want to give this data, and websites shouldn’t want to shoulder the responsibility for it.

Sure. A government issued certificate that is required to get an IP and be able to navigate the internet. How does that f-+-ing sound?

cowboylowrez7 months ago

>Sure. A government issued certificate that is required to get an IP and be able to navigate the internet. How does that f-+-ing sound?

sounds like the solution to me. disallow under 18s from internet access. any parent who allows an underage to browse the internet unsupervised should be penalized to the same degree that they would if they directly provided hardcore pornography to the child, because thats exactly what it is.

I personally would choose this route, handing kids fully internet enabled pornography consumption devices is beyond ridiculous, and the size factor of smartphones (take them everywhere, camera connected directly to encrypted chats with strangers) well the fact that the government even allows this is simply a matter of confusion to my small mind.

What am I missing here? Why do we allow children internet access?

leptons7 months ago

These are Authoritarian Christo-fascists. They do not care. They will demonize everyone involved in anything related to online sex. They are coming for the sex workers, and all of porn too - they stated they would do this in "Project 2025". "Think of the children" is how they justify it.

bastawhiz7 months ago

> there needs to be a way to authenticate as over 18

No there doesn't. Why is the burden on ME (as a site owner) to do literally anything at all? The burden should be on parents to control their childrens' Internet use. Install a robust content blocker or don't give them Internet access.

Am I, a site owner, supposed to work with every asinine state and national system for making this attestation system work? How do I know the person behind the keyboard is actually the person whose age is being verified (and not one of their parents')? And as a citizen and consumer, why do I have to go out of my way to get some kind of digital identification that proves my age?

Why does this have to stop at porn? The logical next step is that legislators and parents will demand that sites will block folks from accessing blasphemous content. Or that you need to prove that you're not a resident of a particular state in order to access medical facts about abortion (because if you're looking it up, you obviously intend to get one or help someone get one)?

I don't want people to know how old I am or am not. Or where I live or don't live, or my sexual orientation, or anything else about me. I don't want to have to know any of these things about people who visit my website. And frankly, the idea that I am the one who is responsible for this and not the extreme minority of folks who want to keep certain content away from their kids or whatever is wild.

raincole7 months ago

> Parents are expecting the government, and random websites, to raise their kids.

I mean, they are. But I've never seen a similar reaction on HN or any forum when social media require age verification. Actually, I think most HN users would cheer if the government required Facebook to only allow users over 18.

I feel the general opinion about something on the internet basically comes down to this simple rule: !(do American Christians want that thing?), no matter what that thing is.

sigwinch7 months ago

This would apply to Facebook just as any other site, and that’s obvious to the HN crowd.

It’s the ambulance chaser section of the article that explains the problem.

American Christians can and should rely on content blockers rather than lawsuits.

SauciestGNU7 months ago

I think American Christians should do neither. Restricting a child's access to information in order to indoctrinate them into a set of beliefs unquestioningly is a form of child abuse. Various forms of psychological and physical abuse are extremely prevalent in American Christian parenting practices, and it's something as a society we should not tolerate.

olddustytrail7 months ago

Exposing children to propaganda that they are ill equipped to deal with is also child abuse.

Just because someone can argue better than you can does not mean they are right. Climate change deniers can be very convincing if you don't understand physics.

Eddy_Viscosity27 months ago

But I bet that signal would still be a unique identifier. It doesn't have to be, but it will be because that is the point. Not to see who is old enough, but to track every page visit and interaction of everybody all the time.

amelius7 months ago

I think the majority of people on HN are well aware of this. The big question is how to transfer this simple idea to the people in charge at governments.

skybrian7 months ago

By a similar argument, why should stores check id's when selling alcohol or cigarettes? Raising kids is not their job either.

The answer is because we live in a society. Society is about families, not just adults. Sure, raising kids is primarily the job of the parents, but everyone helps. Sometimes that results in a bit of inconvenience for businesses.

Excluding kids from businesses that are adult-only isn't very kid-friendly, but it's the bare minimum when there are children around.

rocqua7 months ago

The issue is that currently, adding restrictions to what minors can do is expensive, both economically, and politically. It requires the cooperation of a lot of non-government appointed people, and many of them could (locally) sabotage the restrictions.

This limits the restrictions to those with incredibly broad support. Keeping a lot of agency with families on how to raise their children.

Digital age verification, if implemented well, is easy to enact, and hard to sabotage without being noticed. That enables restrictions that 49% of people disagree with. Heck, it enables restrictions that 49% of Congress disagrees with. That could be 60% of people disagreeing.

skybrian7 months ago

I don't think it's all that different, because nothing is foolproof. People will still circumvent age restrictions by sharing devices. (For example, borrowing a phone.)

raincole7 months ago

And educating the kids should be, and always has been a collective effort. Even in pre-industrial societies it was true. In the modern world it should be doubly true. I think most people would agree that we need public schools, even though some of them disagree with how sex ed and evolution were taught there.

sigwinch7 months ago

It’s not the material cigarettes or alcohol that are the problem, it’s lying to get them. Same is true for sins like gambling and explicit romance novels.

The enforcement here is quite twisted: it attracts greedy litigants. Lying is bad, but greed is a mortal sin.

yieldcrv7 months ago

yeah my thoughts are that this is largely a User Experience problem than an onerous liability problem

The blog owner doesn't need to implement an ID check, the browser or OS just needs to tap into a service that has checked ID

kvgr7 months ago

Everybody will get a chip implant for 18th birthday. Solved ;)

freejazz7 months ago

You can't show porn to kids in regular stores, I'm not sure why it's okay to do it on the internet, such that it becomes "raising" the kids when it's not in the first instance.

486sx337 months ago

[dead]

387 months ago

VPN.

Tadpole91817 months ago

Oh, don't you worry, they'll come after VPNs next. After all, this makes them accomplices to felony acts.

387 months ago

laughs in residential proxy

Sharlin7 months ago

[flagged]

kelnos7 months ago

At this point I think accusing conservatives of hypocrisy is blase and yesterday's news.

Of course conservatives are hypocrites. All they care about are their end goals, and they will say and do whatever they need to say and do in order to achieve them.

One of those goals involves enshrining Christian values into law. Christian values themselves are often hypocritical and contradictory. And inconsistent: ask 10 Christians to weigh in on a thorny moral issue and you'll get 15 different answers.

And on top of that, the conservatives in power have a fetish for using those power structures to enrich themselves and their cronies, under the guise of "small government" and "free markets".

I don't think exposing conservative hypocrisy is a winning or useful strategy anymore. Conservatives are masters at cognitive dissonance, and at hand-waving away inconsistencies in their views, or the very real, very negative consequences of their policy plans. I'm not sure what the right strategy is, though. And perhaps this is why liberals fail to win hearts and minds when it matters.

majormajor7 months ago

[flagged]

intended7 months ago

Sadly hammering it home means nothing - this is an idea which belongs to a news media environment where something like the fairness doctrine and bi-partisanship existed.

On The Right of the media economy, you surface the best narratives, and there are no penalties for being inaccurate. Because everything is opinion and rhetorical tricks, saying “It’s terrible what happened in this Dem state. Here’s how the dems caused it” and then being able to say “we never said that dems were monsters”, while platforming fringe theories like pizza gate.

If you go against the narrative you just dont get airtime and attention - meaning you get no revenue or political power. Worse, you might get primaried.

Hammering the truth means nothing, because you would only be selling it back to the center and the left.

The right is interested in facts, only to the point that they support their goals. It’s a protected market.

You can’t really outcompete rackets, but you can’t really restrict speech without getting hit by free speech arguments.

It’s a problem worth solving though, and its a problem worth learning about.

One thing that seems to work isn’t counter speech, its angry speech. It’s not the pro-vax group that gets credence vs the anti-vaxxers, it’s the anti-anti-vaxxers who do it.

I wish people had better ideas, but its hard to even realize the specifics of the market failure.

antonymoose7 months ago

I expect a liquor store to check ID, why not a porn store?

Ylpertnodi7 months ago

Do booze shops in the US store peoples id's after they've flashed them (pun intended)?

+2
ndriscoll7 months ago
__turbobrew__7 months ago

Many bars and casinos store your ID forever.

+1
reliabilityguy7 months ago
rustcleaner7 months ago

Birthday attack: most places punch the eight digits MMDDYYYY into the keypad. You think you're safe, but that's 1 in over 20,000 uniqueness practically. Each store has how many local regulars? Sure sometimes there's overlap in birthdays, but it's unique enough.

JumpCrisscross7 months ago

Booze shops are state licensed and regulated. If they mess around with my PII, I have direct recourse options.

__loam7 months ago

[flagged]

trhway7 months ago

Interesting, why did you give up your right to buy liquor anonymously? And you also seem to be willing to give up your right to anonymous porn. Why?

jkaplowitz7 months ago

Most of us alive in the US today never had a right to buy liquor anonymously, unless you’re making a natural rights argument independent of contrary constitutional or statutory law. The 21st Amendment gives lots of authority to states to regulate or prohibit alcohol sales, including the right to require ID.

With that said, even now, it’s normal that liquor stores only look at IDs without transmitting or recording the information anywhere (in the absence of fraud concerns), so if the purchase itself is made with cash, it has most (not quite all) of the same data privacy and security consequences as a true anonymous purchase.

This is very different from the online porn age verification proposals.

probably_wrong7 months ago

> why did you give up your right to buy liquor anonymously?

That's not entirely true - once you look old enough most places will stop asking for ID.

As for why: because there is (or at least, was) no other system to identify whether someone is underage and, by extension, more likely to underestimate the consequences of their actions, make worse choices under the effect of alcohol, and suffer its effects more strongly. Same reason why the legal system makes a difference between minors and adults.

noosphr7 months ago

If you need an id to buy porn irl why wouldn't you need one to buy it online?

breadwinner7 months ago

Because 'online' is the entire planet, including sellers in foreign countries. Would you like to have "digital borders" between countries, where data has to show some sort of passport to cross the border?

noosphr7 months ago

Again, if I want to import pron from Japan I need to not only prove I'm 18 to the border censors but make sure the pron is legal locally.

Plenty of people have been arrested for importing things legal in Japan that are illegal in the West.

Plenty of countries have laws on the books that make it a felony to even look at what's on the average Japanese store bookshelf while you're in Japan.

Why should the laws be different just because you're moving electrons instead of atoms?

int_19h7 months ago

They shouldn't, of course. Those existing regulations that you're referencing are equally bad for all the same reasons, and we should get rid of them.

delusional7 months ago

I mean if the alternative is complete lawlessness, then I suppose I do want digital borders. AMA.

+1
derbOac7 months ago
+1
dangraper27 months ago
dangraper27 months ago

Challenge accepted

sigwinch7 months ago

The Federal harmful-to-minors laws don’t mandate you check IDs. Only some state laws do. You’re better off asking, “why would buying a magazine here in Michigan have anything to do with Rhode Island statutes?”

saturneria7 months ago

I don't even disagree with the spirit of what is being attempted here but it is ultimately pointless.

You aren't going to stop teenagers from watching porn if you have the internet.

All this would do is change the websites that teenagers are using.

It strikes me as just political grandstanding since the people putting forth this idea must know it is completely pointless.

Not to mention, a website is vastly different than a physical store.

loeg7 months ago

> Parents are expecting the government, and random websites, to raise their kids.

This is simplistic. I think you'll find parents are not a uniform bloc in favor of this kind of overreach.

john01dav7 months ago

I'm concerned that such validation would need to be proprietary and locked down with some sort of user hostile TPM-like-thing in order to be effective. If this wasn't the case, then anyone could fork the foss tool and create a bypass. The average child won't do this, but a few will and some adults probably will over anti DRM principles and then it's published and widely available.

sigwinch7 months ago

These are ideological litigious fanatics among a much bigger herd of worried parents. They’ll attack any bypass tool and risk degrading the features of normal stuff like browsers and url parser libraries; totally ineffective at solving the problem but doing something in the eyes of unsophisticated constituents.

dcow7 months ago

> Parents are expecting the government, and random websites, to raise their kids.

(1) Without addressing the general statement, specifically this isn't new. You’ve historically not been allowed to buy pornography or cigarettes or alcohol without age verification or watch obscene content between the nightly news runs. I don't see this specifically as parents wanting the government to raise their kids at all. It’s people without any other real options wanting to make it more difficult for inappropriate material to end up in the hands of minors. When I was 12 I remember getting online with AOL discs and having popups with porn appear in front of me as I’m playing neopets, because some unsavory ad got accidentally “clicked” many sessions ago. How can a parent “parent” that?

> If these laws move forward (and I don’t think they should)

(2) These laws already exist, the internet was a loophole. If it’s done right you verify your age when you make your account and the site doesn’t bug you again. Not sure how frequently you’re visiting new porn sites, but I can’t imagine getting over prompted would be a real problem.

(3) There is a concept of using ZKPs to do more things client side. However I think currently people are more excited about selective disclosure. You just give the site a signed claim that you’re over 18 and that’s all they know. It’s more private than handing over your DL at the grocery store checkout.

> People should also be able to set their browser/computer to auto-send this for single-user devices, where it is all transparent to the user.

They should, shouldn’t they. But some privacy nut out there will say we can’t have nice things because an advertiser might use it to profile you.

Really though one aspect of digital identity is presence and liveliness checking. The states that issue your ID to Apple Wallet are only willing to do so because Apple ensures that the user presence is verified at time of use.

The question isn’t why should you have to jump through hoops, it’s why should we enforce age restrictions in person but not in the internet—why haven't you had to jump through all the existing hoops to watch internet porn until now?

sigwinch7 months ago

1) it doesn’t go as far back as you think. Only within my lifetime did the drinking age settle on 21. The Feds couldn’t do it directly, so they hacked highway funds. So that’s a bad example when porno has changed so much. What we’re risking here is parents who haven’t tried any solutions being convinced that litigation is the only way.

2+3. A simple cookie with a birth year ought to work. Why should every site worry about South Dakota’s definitions when checking a cookie seems reasonable effort. Circumvention of that is already fraud.

dcow7 months ago

I said decades not centuries.

A cookie with a birth year is not a cryptographic verification of a digital identity document. Anybody can click “I’m over 18”.

api7 months ago

Devils advocate: parents that are too busy or not tech savvy are helpless to block content without essentially forbidding their kids from using any connected device.

I run a pi-hole that blocks ads and porn, but that’s way beyond the technical capability of probably 95% of people. There are some commercial products but they are expensive and also take time and at least a little tech ability to set up.

… and of course any phone with 5G/LTE gets around this. Cellular is impossible to police.

andsoitis7 months ago

> parents that are too busy or not tech savvy are helpless to block content without essentially forbidding their kids from using any connected device

Tough luck, I say. If you’re going to bring humans into this world, you better do a great job at it and not externalize responsibility or create a nuisance for others.

continuational7 months ago

Remember that everything you have is the result of other people bringing humans into this world.

evilsetg7 months ago

Every human being creates nuisance sometimes. The only winning move in your game is not to live.

tomrod7 months ago

With all due respect to parents that overscheduled themselves: Tough. Raise your kids. Don't try to raise mine.

heavyset_go7 months ago

> Devils advocate: parents that are too busy or not tech savvy are helpless to block content without essentially forbidding their kids from using any connected device.

I'm going to have to upload 3D models of my face and pictures of my ID just to use the internet because... some people don't like the idea of other people's kids using the internet?

Karrot_Kream7 months ago

This is a good point of course but that's always the issue, no? You may try to hide violence from your children, but if they see gang violence around them it doesn't matter. You can try to hide sexual content from your kids but if they have friends who share the content, hear people talking about it, or live in an area where prostitution occurs, you can't stop them from being exposed to it.

These were problems from before the age of devices. If anything car oriented development has made it easier to control your children's experience diet by controlling their physical proximity.

Fundamentally I think you just need to trust your kids beyond a certain point. Do your best to build constructive consumption habits with them (including restricting access to devices as needed), help build good moral frameworks, but always remember that the world is messy and it's your child's job to synthesize their upbringing with their experiences. We all did the same while growing up

arrosenberg7 months ago

It takes less than 5 minutes to set up NextDNS with the same functionality and it costs $2 a month for unlimited DNS calls. If you download the app it absolutely can police cellular.

If these legislators cared about keeping kids safe, they’d be focused on getting them off social media, not stopping adults from exercising free speech.

SoftTalker7 months ago

Comcast’s Xfinity service doesn’t let you change DNS in their router and blocks queries to other DNS providers if you are using their router.

arrosenberg7 months ago

That really should be illegal. It looks like there might be workarounds, but that defeats the point of being easy to use.

None of my non-technical relatives have Comcast, so I’m not sure how it would work out. It works fine on ATT, Verizon, Cox and Spectrum though.

chgs7 months ago

> but that’s way beyond the technical capability of probably 95% of people.

It really isn’t, and even if it were an ISP could offer it. Indeed I believe most ISPs do (I chose one which is unfiltered, I do my own filtering at a router and dns level, the biggest threat is DoH)

hansvm7 months ago

That still seems better than the proposed cure. Connected devices are overrated.

api7 months ago

What happens when their friends have them?

It is very hard for parents who aren’t tech savvy or are busy (single parents or both work) to police this stuff.

I’m playing devils advocate because if we pretend this isn’t a problem eventually governments will force onerous regulation. It is a problem. We need to come up with better solutions if we don’t want worse ones.

It’s devils advocate because I think while kids shouldn’t be looking at porn the brain rot shit is at least as bad and possibly worse. Kids YouTube is a lobotomy.

+1
salawat7 months ago
kelnos7 months ago

> parents that are too busy

If you are too busy to parent, then you shouldn't be one in the first place.

latentsea7 months ago

Just as well life is completely predictable over long time horizons making accurate judgement on this matter completely possible.

trhway7 months ago

>Devils advocate: parents that are too busy or not tech savvy are helpless to block content without essentially forbidding their kids from using any connected device.

May be such inept people who don't care that much about their kids as to setup parent control shouldn't have kids in the first place? Why we all should take a hit to our rights/business/etc. just because of such careless and irresponsible parents?

Your kids is your personal responsibility. It the same story again and again - why can't these conservative people own their personal responsibilities without hoisting its costs onto the others?

lowkey_7 months ago

Not the parent commenter, but they just said that most parents don't have the technical aptitude to do so.

Implying that they don't care about their kids, or shouldn't have kids as a result, is a pretty awful thing to say.

+1
rstat17 months ago
queenkjuul7 months ago

Then they shouldn't let their kids have connected devices. It's that simple.

sitzkrieg7 months ago

doesnt realize theyre the problem

lowkey_7 months ago

Sorry you're experiencing a bunch of downvotes over a counterpoint from your own experience.

Even though I could predict what side HN would stand on any sort of internet freedom post, reading through all the reasonable yet greyed-out comments in this thread feels like HN's last dying breath as a place for genuine debate.

api7 months ago

The replies here are disturbing for their lack of concern or even awareness of the fact that some parents have, you know, economic pressures? Like they have to work long hours or multiple jobs? Both parents have to work?

This site can be really gross sometimes. I want to think it's just that the site skews young and people just don't know. I might have said similar things when I was 20.

aspenmayer7 months ago

It’s not gross to want parents to only parent their kids, and to leave the kids of other parents out of it. It’s your responsibility what your kid does on devices that you permit them to have. If you can’t control your kid when they’re not in your presence, or can’t trust them when they’re left to their own devices (pun intended), that’s an issue, but it isn’t a technological problem, but rather a parenting problem.

sigwinch7 months ago

You’re not arguing it well. There are effective free tools; not expensive ones like you claim. You’re worried about regulation when the Supreme Court is supporting this burdensome patchwork that’ll outlive its usefulness because it’s politically difficult to repeal. And yes somewhere there is an unsupervised kid whose parents are overwhelmed by other pressures, but of all the risks to that kid, if porn is #1 then we’re talking upper middle class or higher.

aaaja7 months ago

This is a barrier put in place so that children are less likely to casually access these sites while they're browsing around.

As an adult, no-one is forcing you to view pornographic websites. If you don't want to provide your ID as per these laws, simply refrain from viewing. It really is that straightforward a choice.

const_cast7 months ago

Right, so you're admitting what we already know to be true: it's censorship.

Now, I can get behind some censorship if it's for very good reasons. As soon as it's for moralistic reasons, you've lost me. This is a morality law. Morality laws are bad, period. We need real, concrete reasons for blocking content and enforcing censorship - not morality.

Why not? Because morals change from person to person and throughout history. What an evangelical thinks is moral is different from what I think is moral.

If the internet existed during times of slavery, would they have censored websites addressing freedom because it is "immoral"? In my mind, yes. That's a problem with the entire thought process. So, we should throw the thought process out.

I don't know what the future holds in 10 years, 20 years, 30. I don't want to be bound to laws that rely solely on morality. That's just asking for trouble.

I mean, even just the word "pornography" is a moral footgun. Who defines that? Because a large portion of the US believes anything containing homosexuals is automatically pornographic, regardless of the material.

aaaja7 months ago

Proving one's age is required for many other activities that are considered unsuitable for children, such as purchasing alcohol and drugs, and watching age-restricted films in the cinema.

Of course this means that any adult, when challenged, who refuses to show ID as proof of age, will be denied service. But again that refusal is their choice. They voluntarily refrained from complying with the access requirements.

How is this substantially different to an adult refusing to show ID to access an age-restricted website?

+1
const_cast7 months ago
sigwinch7 months ago

You should read the article.

everdrive7 months ago

Others have said this, I'm sure, but this will move past porn _quickly_. Once there is agreed-up age verification for pornography, much of the professional internet will require identity verification to do _anything_. This is one of the bigger nails in the coffin for the free internet, and this true whether or not you're happy with all the pornography out there.

like_any_other7 months ago

Already in the works: Australia is quietly introducing 'unprecedented' age checks for search engines like Google - https://www.abc.net.au/news/2025-07-11/age-verification-sear...

sunaookami7 months ago

The difference between the comments there (https://news.ycombinator.com/item?id=44528204) and here is quite funny.

buyucu7 months ago

This is why they are doing it. Goverments wants ID-check before anyone uses the internet. So they pick a topic like pornography to get their foot through the door. It's salami tactics.

jalapeno_a7 months ago

[dead]

mathiaspoint7 months ago

Sharing/storing child porn is already illegal and punished far more harshly. So it's not like we've gone from zero to one. We've been censoring things people don't like for a little while now.

38362936487 months ago

Sure, but that is a step from banning because it's harmful to the producer to banning because it's harmful to the consumer

int_19h7 months ago

We're long past that point. Many (most?) Western governments ban simulated CP, including non-realistic stuff like cartoons or even purely textual descriptions.

Some go further still. E.g. in Australia, "laws also cover depictions of sexual acts involving people over the threshold age who are simulating or otherwise alluding to being underage, even if all those involved are of a legal age."

mathiaspoint7 months ago

Maybe if it were the creation of child porn that were illegal but that's not how the law is written.

hackyhacky7 months ago

This doesn't sound so bad. I would much prefer to have discussions about politics, technology, or religion safe in the knowledge that I am not inadvertently communicating with a minor.

HaZeust7 months ago

I had very passionate talks online about all 3 categories before I turned 18, and I got a lot of feedback, from older folk I didn't previously know, that I shaped opinions and formed new perspectives - and a lot of the talks sure as shit did the same for me. I cannot say I would have nearly the same current passion that I do for technology, aspects of politics, and philosophy (including that of religion) without such exposures during my adolescent years, and I'm sure you'd be hard-pressed to find others young enough that wouldn't say the same - provided they have an adequate baseline of introspection.

On that note, out of all the examples you could have given for discussion categories that are unbecoming to have with minors, you chose 3 relatively benign ones, lol.

tenacious_tuna7 months ago

> safe in the knowledge that I am not inadvertently communicating with a minor.

Why is that so bad? As a kid I really appreciated participating in mixed-age discussions on many topics. I view that as part of what it means to grow into a "young adult."

Too often I think we (North American society) assume that school, with all it's rigorous age separation, gives kids the space and instruction they need to do well in the world but inevitably we get 18 year olds with no awareness of how the world functions beyond themselves... because they've only ever dealt with people of the same age.

The world is a diverse place; ideologically, racially, and in age. We, adults, need to be comfortable communicating with both children and legal minors because they'll be future citizens of the world [added in edit:] and they need to learn those skills too.

Overall, we keep trying to model a world that filters it's own interactions towards children, which is flawed to begin with, but at some point people stop being children, and where does that leave them w.r.t. their expectations of others? If you've never had to consider that an adult might act in bad faith because your world has been so sanitized, are you prepared for a world with bad actors in it?

johnnyanmac7 months ago

I don't care if they are 16 or 68, I discuss about topics, not necesarily with the person themself. the former can be insightful and the latter still be extremely close minded.

I also don't understand why the government should control who I can talk to in a digital space. Maybe start investigating the president's flight records if you suddenly care about children interacting with adults.

layer87 months ago

Parent said identity verification, not age verification.

nikanj7 months ago

And honestly, with the advent of AI spam everywhere, I'd be quite happy to visit a version of the internet where everyone is a certified real person

squigz7 months ago

You won't though. Malicious actors will find a way around this - either purchasing or stealing whatever form of ID is used for this. The only people who will suffer are law-abiding citizens simply trying to browse the Internet.

Tadpole91817 months ago

"Workarounds?" Malicious actors will just operate out of different countries like they always have.

realusername7 months ago

You already have that with Cloudflare checking almost every single website on earth, as you can see, that doesn't work.

esperent7 months ago

Clicking on pictures of motorcycles, while annoying, is a very different thing than having to show your ID.

throwaway2907 months ago

That's why "AI" founders do stuff like Altman's Worldcoin. First they reap $$$ while creating a problem then more $$$ when "solving" it.

baq7 months ago

No idea why you’re getting downvoted when there’s a slow but unstoppable migration of everything into discord or other walled, somewhat LLM-proof gardens.

tines7 months ago

Walled gardens are only LLM-proof until some AI company makes an offer for the data.

+3
nikanj7 months ago
johnnyanmac7 months ago

It was a very tonedeaf take, that's why. Most of the internet is concentrated in the top 100 websites, and 80% of them would not be affected by this law. So you'll still see plenty of bots on Youtube, Discord, Reddit, news sites, and so on.

Blogs with a few comments would go from 5 real commenters to 0 or 1. This does not get the desired result.

----

secondly, I assure you there's plenty of classic spam on servers that don't have good moderation. pre-AI spam never disappeared.

positron267 months ago

GAN style training is only going to get cheaper and easier. Detection will collapse to noise. Any ID runes will be mishandled and the abuse will fly under the radar. Only the space of problems where AI fundamentally can't be used, such as being at a live event, will be meaningfully resistant to AI.

Another way for it all to unfold is maybe 98% of online discourse is useless in a few years. Maybe it's useless today, but we just didn't have the tools to make it obvious by both generating and detecting it. Instead of AI filtering to weed out AI, a more likely outcome is AI filtering to weed out bad humans and our own worst contributions. Filter out incessant retorting from keyboard warriors. Analyze for obviously inconsistent deduction. Treat logical and factual mistakes like typos. Maybe AI takes us to a world where humans give up on the 97% and only 1% that is useless today gets through. The internet's top 2% is a different internet. It is the only internet that will be valuable for training data to identify and replace the 1% and converge onto the spaces that AI can't touch.

People will have to search for interactions that can't be imitated and have enough value to make it through filters. We will have to literally touch grass. All the time. Interactions that don't affect the grass we touch will vanish from the space of social media and web 2.0 services that have any reason to operate whatsoever. Heat death of the internet has a blast radius, and much of what humans occupy themselves with will turn out to be within that blast radius.

A lot of people will by definition be disappointed that the middle standard deviation of thought on any topic no longer adds anything. At least at first. There used to be a time when the only person you heard on the radio had to be somewhat better than average to be heard. We will return to that kind of media because the value of not having any expertise or first-hand experience will drop to such an immeasurable low that those voices no longer participate or appear to those using filters. Entire swaths of completely replaceable, completely redundant online "community" will just wither to dust, giving us time to touch the grass, hone the 2%, and make sense of other's 2%.

Callers on radio shows used to be interesting because people could have a tiny window into how wildly incorrect and unintelligent some people are. Pre-internet media was dominated by people who were likely slightly above average. Radio callers were something like misery porn or regular-people porn. You could sometimes hear someone with such an awful take that it made you realize that you are not in the bottom 10%. The internet has given us radio callers, all the time, all of them. They flooded Twitter, Reddit, Facebook. They trend and upvote themselves. They make YouTube channels where they talk into a camera with higher quality than commercial rigs from 2005. There is a GDP for stupidity that never existed except as the novelty object of a more legitimate channel. When we "democratized" media, it wasn't exclusively allowing in thoughts and opinions that were higher quality than "mainstream".

The frightening conclusion is possibly that we are living in a kind of heat death now. It's not the AIs that are scary. Its the humans we have platformed. The bait posts on Instagram will be out-competed. Low quality hot takes will be out-competed. Repetitive and useless comments on text forums will be out-competed. Advertising revenue, which is dependent on the idea that you are engaging with someone who will actually care about your product, will be completely disrupted. The entire machine that creates, monetizes, and foments utterly useless information flows in order to harness some of the energy will be wrecked, redundant, shut down.

Right now, people are correct that today's AI is on an adoption curve that would see more AI spam if tomorrow's AI isn't poised to filter out not just spam but a great mass of low-value human-created content. However, when we move to suppress "low quality slop" we will increasingly be filtering out low-quality humans. When making the slop higher quality so that it flies under the radar, we will be increasingly replacing and out-competing the low-quality content of the low-quality human. What remains will be of a very high deductive consistency. Anything that can be polished to a point will be. Only new information outside the reach of the AI and images of distant stars will be beyond the grasp of this convergence.

All of this is to say that the version of the internet where AI is the primary nexus of interaction via inbound and outbound filtering and generation might be the good internet we think we can have if we enact some totalitarian ID scheme to fight against slop that is currently replacing what the bottom 10% of the internet readily consumes anyway.

387 months ago

be careful what you ask for.

baq7 months ago

I’d rather have this regulated properly before cloudflare becomes the defacto standard of id checks.

kgwxd7 months ago

Nothing is going to be "regulated properly" for at least the next 3.5 years, and we'll all be dealing with backwards decline for decades after. That's best case, but i'm guessing It'll be even worse than the "radicals" are shouting about.

squigz7 months ago

What issues do you have with Cloudflare becoming the defacto standard that wouldn't also apply to whatever would come of regulating it 'properly'?

fluidcruft7 months ago

Age verification seems like a subset of human verification so if it gets rid of both bots and captchas then why not?

Robotbeat7 months ago

Pretty sure you can guess a few.

fluidcruft7 months ago

Guess a few what?

+1
layer87 months ago
zeroonetwothree7 months ago

I don’t agree, at least as far as legal obligation goes. The average voter is far more worried about porn and other explicit content and not so much about anything else.

__loam7 months ago

This doesn't really track with widespread and normalized use of pornographic materials, including written descriptions, by most adults in this country. There's a pretty wide gulf between "I don't think kids should be able to access this stuff" and "I think we need to supercharge the surveillance state and destroy the first amendment"

827a7 months ago

This doesn't destroy the first amendment any more than requiring an ID & background check to purchase a firearm destroys the second amendment. Which is to say that it might, but for exactly the same reason, so The People ultimately need to decide on a consistent choice of interpretation.

+1
rocqua7 months ago
+1
ozgrakkurt7 months ago
johnnyanmac7 months ago

Did you miss the recent years of some states trying to ban gay/trans books from libraries? Or even just books written by gay/trans authors? It's been part of their playbook for years to try and assosiate transgenderism with pornographic.

You are right, the average voter is not worried about any single enforcement outside of CSAM. The people who will exploit this are not just "your average voter".

root_axis7 months ago

> In fact, under the laws that the Supreme Court just upheld, prosecutors in Tennessee and South Dakota can even reach across state lines and prosecute writers on FELONY charges for a single paragraph of sexually-explicit writing on my site that they think "harmed" kids in their states, facing up to FIFTEEN years in prison, for failing to implement ID-checks on my dinky little free WordPress site.

> It's unlikely these interstate prosecutions would happen...

It might wind up being uncommon, but definitely not unlikely - it's basically assured that it will happen eventually, especially if the judge finds the text in question particularly or personally offensive.

I guess now is a great time to start a KYC company.

kfajdsl7 months ago

If an state AG tries to prosecute an entity that has no ties to the state other than content being passively accessible, that's probably another supreme court case if it doesn't get immediately decided in favor of the defendant in the lower courts. You open a big can of worms if entities are required to proactively comply with regulations in states they have zero presence in.

If Texas wants to block content from entities that have nothing to do with Texas, they can build their own great firewall.

TimorousBestie7 months ago

> You open a big can of worms if entities are required to proactively comply with regulations in states they have zero presence in.

It’s true, it would cause a great deal of chaos if suddenly every person and business had to comply with fifty-plus different and sometimes contradictory state laws.

But it seems like that’s where we’re headed?

kfajdsl7 months ago

As far as I understand it (IANAL), this ruling decides that the speech restrictions imposed by the Texas ID verification law are compliant with the 1st amendment. It didn't touch on whether or not Texas can enforce its laws on entities that don't do business in Texas.

root_axis7 months ago

IANAL, but it seems like things are already moving in this direction. For example, FL has a similar state law regarding pornography, and the response from many porn sites has been to comply or block FL IPs rather than fight it up to the supreme court. I guess someone will do it eventually, but I suspect there is an assumption that they'd be wasting their time and money to do so.

kfajdsl7 months ago

Yeah I don't think a business is going to try to force the issue when a geoblock is simple to implement. If it happens, it's probably going to be some kind of advocacy group pushing it.

ojosilva7 months ago

Until someone files suit on the commonly known ineffectiveness of geolocating IPs to try to force ID checks instead.

ronsor7 months ago

Isn't this covered by the "full faith and credit" clause? [0]

[0] https://constitution.congress.gov/browse/essay/artIV-S1-1/AL...

arrosenberg7 months ago

Technically anything is possible with the Calvinball Supreme Court, but states can choose not to extradite their citizens. E.g. NY has a shield law for abortion doctors.

https://ag.ny.gov/resources/organizations/police-departments...

+1
kelnos7 months ago
comex7 months ago

There are constitutional limits on when state courts can exercise jurisdiction over people not physically located in the state.

https://en.wikipedia.org/wiki/Personal_jurisdiction_in_Inter...

> Personal jurisdiction in American civil procedure law is premised on the notion that a defendant should not be subject to the decisions of a foreign or out of state court, without having "purposely availed" himself of the benefits that the forum state has to offer.

> Courts have held that the greater the commercial nature and level of interactivity associated with the website, the more likely it is that the website operator has "purposefully avail[ed] itself" of the forum state's jurisdiction. [..] In contrast, a passive website that simply makes the information available to the user will be less likely to have a basis for personal jurisdiction.

(By the same principle, even an interactive website can probably avoid jurisdiction if they block IP addresses from the state, and don't encourage people to evade the block or anything like that.)

JohnTHaller7 months ago

[flagged]

giingyui7 months ago

[flagged]

HideousKojima7 months ago

[flagged]

tomhow7 months ago

We've banned this account.

HideousKojima7 months ago

[flagged]

heavyset_go7 months ago

> especially if the judge finds the text in question particularly or personally offensive.

Pro-censorship advocates will venue shop to find a sympathetic court

sixothree7 months ago

First they will find targets, then decide on the crime, then shop the venue.

kevingadd7 months ago

This is presently happening in China with homosexual literature: https://www.bbc.com/news/articles/c056nle2drno

Rural police departments decide that a piece of text 'harmed' one of their residents and prosecute the author.

bravoetch7 months ago

Or now is a good time to build privacy tools into everything.

root_axis7 months ago

Unfortunately, this is the law we're talking about. Privacy tools don't do much to mitigate the hardships of life as a fugitive.

pjc507 months ago

It's going to get used against trans and queer people. Someone will try to claim that a trans person in normal street clothes is "corrupting children", or that merely mentions of their existence is.

heavyset_go7 months ago

This is already happening to queer people who dress in drag.

zeroonetwothree7 months ago

Judges are not the people that prosecute crimes

root_axis7 months ago

True, but it's a given that prosecutors will do it since that's their job.

perihelions7 months ago

There was a NYT article a couple weeks ago about Chinese morality police doing mass arrests of erotica authors,

https://www.nytimes.com/2025/06/28/world/asia/china-boys-lov... ("Chinese Police Detain Dozens of Writers Over Gay Erotic Online Novels") [note article contains large images of erotica novel covers]

But you'd *expect* that of the PRC; the US, wow, has it ever fallen fast and fallen hard.

0xbadcafebee7 months ago

The Supreme Court is just doing their part as a part of Project 2025 (which is about 50% accomplished already btw)

jeremywho7 months ago

Is there a breakdown of this anywhere?

ie, something that shows what was proposed in p2025 and what policies/procedures/orders have pushed a particular part of the plan forward?

teamspirit7 months ago
useless_eater7 months ago

[flagged]

mimi899997 months ago

Who is responsible for preventing a child from running into a busy road and being hit by a car? And why, on the internet, does that responsibility seem to fall on everyone else?

olivermuty7 months ago

With random lawsuits as a sort of offhand censorship of <thing you dont personally like>..??

Its the parents job to curate access to the inernet. I say that as a father of three.

useless_eater7 months ago

[flagged]

tomhow7 months ago

Please don't post insinuations about astroturfing, shilling, brigading, foreign agents, and the like. It degrades discussion and is usually mistaken. If you're worried about abuse, email hn@ycombinator.com and we'll look at the data.

https://news.ycombinator.com/newsguidelines.html

TimorousBestie7 months ago

Yes, I believe that ten year olds should only have parent-supervised interactions with the internet.

EasyMark7 months ago

that is the responsibility of parents. and why is gay erotica any worse than straight? Kids have sought sex information out once they got curious about sex and since there have been things written down and humans learned to read.

_Algernon_7 months ago

Why is it everyone else's responsibility to keep it out of the hands of 10 year olds by being 24/7 surveilled by the government, instead of the parents' responsibility to regulate internet access for their 10-year old?

Not that gay erotica seems that harmful, even for a 10 year old. They probably don't seek it out as much as you thing they do. If they do, it is probably a beneficial step in their development given what they learn about themselves in a safer environment than the probable alternative.

dyauspitr7 months ago

Because just like the argument with social media in my opinion it’s better to have governmental regulation on these things so millions of households don’t have to have the same argument with their kids and kids not on social media platforms don’t get left out of a significant percentage of teenage life effectively socially stunting them.

+1
kelnos7 months ago
+1
Nasrudith7 months ago
heavyset_go7 months ago

We have to implement a stronger surveillance state because... you don't like the idea of other people's kids using the internet?

useless_eater7 months ago

[flagged]

tomhow7 months ago

> I pray that you will find God and recover from whatever trauma you have been through.

This is not an acceptable comment on HN, as it's a disguised personal attack. Please read the guidelines and make an effort to observe them in future.

https://news.ycombinator.com/newsguidelines.html

+1
_Algernon_7 months ago
TrnsltLife7 months ago

Because it takes a village. Because I am my brother's keeper. Because as a society we have a responsibility to help and protect one another.

LexiMax7 months ago

The thought of being complicit in a society that guards abused children of fundamentalist christians against apostasy and thoughtcrime fills me with despair and dread.

If that's the society we are heading towards, count me out. I shall sit on my hands to the best of my ability.

djrj477dhsnv7 months ago

That's a decision for the parents of that kid to make, not the government.

mattnewton7 months ago

If that were truly the goal we would either need a great firewall style internet filter or blocks on devices available to minors, since nothing about this approach works for websites outside of the US jurisdiction.

If you read the article there is a direct quote from Vought, one of the chief project 2025 architects, about how this is really a path to banning pornography. Which the project 2025 folks believe includes any discussion of lgbtq+ lifestyles.

ndsipa_pomu7 months ago

Far more damage happens by letting 10 year olds have access to firearms

zeroonetwothree7 months ago

[flagged]

perihelions7 months ago

But that is US law, as of literally just this week!

> "In fact, under the laws that the Supreme Court just upheld, prosecutors in Tennessee and South Dakota can even reach across state lines and prosecute writers on FELONY charges for a single paragraph of sexually-explicit writing on my site that they think "harmed" kids in their states, facing up to FIFTEEN years in prison, for failing to implement ID-checks on my dinky little free WordPress site."

gamblor9567 months ago

[flagged]

kurthr7 months ago

I think that's the point of the article. The Supreme Court has Ruled:

   "prosecutors in Tennessee and South Dakota can even reach across state lines
   and prosecute writers on FELONY charges for a single paragraph of sexually-
   explicit writing on my site that they think "harmed" kids in their states,
   facing up to FIFTEEN years in prison, for failing to implement ID-checks on 
   my dinky little free WordPress site."
xp847 months ago

So, while I agree that this feels foreign and wrong to me as someone who has experienced "The Internet" for so long, I can't help but wonder if we can separate that from how the offline world works.

I'm asking this in good faith.

Given that:

1. The Internet is not an optional subscription service today the way it was in 1995. Every kid and adult has 1,000 opportunities to get online including on the multiple devices every one of their peers owns, which a single set of parents has no control over. So "Just keep them off the Internet/control their devices" seems like a silly "Just" instruction.

2. The Internet is nearly infinite. The author of this editorial says "then install a content blocker on your kids’ devices and add my site to it". This is a silly argument since the whole point is that no one has ever heard of him/her and it's obviously impossible for a filter (let's just assume filters can't be bypassed) can "just" enumerate every inappropriate site even if it employed a full-time staff who did nothing but add new sites to the list all day long.

So given all of that, how do we justify how the Internet must operate on different rules than the offline world does? One can't open a "Free adult library" downtown and allow any child to wander in and check out books showing super explicit porn. I'd have to check IDs and do my best to keep kids out. It also seems like it would be gross to do so. If you agree with that, why should the Internet operate on different rules?

I'd also like to separate the logistics from the morality here. If you believe it's hard to do it without satisfying privacy concerns, totally true! But then the focus should be on finding a good privacy-respecting solution, not just arguing for the status quo.

kelnos7 months ago

Flip it on its head.

An age verification requirement might stop your 12-year-old from accessing a porn site headquartered or hosted in the US, but it will do nothing to keep your kid from finding porn on any of the thousands (tens of thousands? more?) of websites hosted in various other countries who don't care about this sort of thing.

These sites are (or will be, if US-based sites become inaccessible) just as easy to find, and just as hard to block with normal parental-controls style content blocking.

Requiring age verification in the US doesn't solve the problem. It just stifles free speech and turns us even more into a Christian nanny-state. The people pushing these laws don't care about children, in reality. They care about banning pornography in the US, and this is one step on that road.

> If you believe it's hard to do it without satisfying privacy concerns, totally true!

That's not the issue. The issue is that it's impossible to achieve the stated goal (making it impossible or even hard for children to access adult content), period. Whether or not the age-verification is done in a privacy-preserving manner is irrelevant.

There are two ways to "solve" this problem. One is better parental controls, but this will always be a cat-and-mouse game, and will never be perfect. The other is to accept that your kids will sometimes see things that you don't want them to see. That's how the world has always worked, and will continue to always work. Be there for them to provide context and support when they run across these things by accident and are confused or upset, and punish when they seek it out against the rules and boundaries you've set for them. You know... be a parent, and parent them.

xg157 months ago

> The other is to accept that your kids will sometimes see things that you don't want them to see. That's how the world has always worked, and will continue to always work. Be there for them to provide context and support when they run across these things by accident and are confused or upset, and punish when they seek it out against the rules and boundaries you've set for them. You know... be a parent, and parent them.

Would you say the same about drugs?

techjamie7 months ago

Well, yes. It's exactly like that for drugs too. You can take great time and care to vet every person your kid interacts with outside of school, or keep them monitored 24/7 all you want. But that doesn't stop someone from passing them a blunt in the restroom at school.

hattmall7 months ago

It's not about blocking it all. It's about blocking some, removing the monetary incentives to entice children from major players. It's about stopping some of the addiction and damaging effects. Just like we limit alcohol but kids still drink, or vape etc. They still do it, but it requires more effort and that barrier can be a very real barrier to addiction formation.

esperent7 months ago

> It's about stopping some of the addiction and damaging effects

I used to think this was a valid point, but I read something that changed my opinion completely. Pornhub, plus other large sites, have a lot of attention on them. They're a long way from perfect but they do self police, probably far more than anyone here knows, because they don't want to get banned. If you get rid of them, you're boosting smaller and far nastier sites that don't self regulate anywhere near the same amount.

To state it simply, if you block Pornhub, curious children will still find porn, but it'll be far worse.

It's not the same as banning sale of physical items like cigarettes. It's more like if you banned cigarettes but then all the children went and got black market cigarettes that are 50% asbestos.

+1
hattmall7 months ago
ndriscoll7 months ago

Are they actually just as hard to block though? e.g. I don't see much reason to allow traffic to any Russian or Chinese IPs for any reason from my network. To be honest a default blacklist to any non-American IP seems like it'd not cause much trouble for my family, and then if there were some educational or FOSS or whatever sites in Europe, those could be whitelisted on a case by case basis.

Similarly the only expected VPN traffic in my network would be inbound to my wire guard server/router. Everything else can be banned by default.

Retric7 months ago

Blocking every country outside the US is simply admitting failure here.

+1
xp847 months ago
+2
ndriscoll7 months ago
_Algernon_7 months ago

The fundamental problem—and it's a big one—is that in the physical world, age verification does not result in a centralized log of when and where I was, and what I did. If I buy cigarettes I show my paper id to some dude and then buy smokes. It's transient with no record (except the fallible memory of the bloke doing the ID check).

This is not true for the proposed age verification schemes for the internet and that is a big problem. Unless this is solved, these schemes deserve every level of resistance we can muster.

kelnos7 months ago

That's not even universally true, though. I've been to bars where they scan the barcode on my drivers' license. I assume that's more convenient than reading the data off it, so maybe they're just doing it for convenience and aren't storing the data anywhere, but who knows, maybe they are. Maybe there's a database somewhere with a list of name, date, time, location tuples for some of my bar visits from years ago. Creepy.

mixmastamyk7 months ago

Yeah, grocery stores swipe ids too. Thankfully I’m too old, they don’t ask. Have to teach kids to not allow it. Definitely stored.

+1
xp847 months ago
rustcleaner7 months ago

Pot shops in legal states are compiling databases with their compliance CRM systems.

Pot industry needs to anonymize their customer records or stop using SaaS packaged solutions.

Now if China hacks Meadows or something, they have customer and purchase lists which may include security cleared personnel who can now be blackmailed.

If you run a pot shop, or an SaaS solution for them like Meadows, you really have to figure out how to divorce customer PII from purchases.

I am back to the black market in Oregon for this reason!

2OEH8eoCRo07 months ago

[flagged]

chgs7 months ago

We can’t do it because our priority as an industry is to get data to monetise. Anonymity is a bug, not a feature.

_Algernon_7 months ago

Age verification is easy. Age verification that leaves no record, is anonymous, and not circumvent-able is difficult. In the physical world it relies on the fallibility of human memory. No such luck with replicated databases.

+1
baq7 months ago
+2
chgs7 months ago
2OEH8eoCRo07 months ago

That verification doesn't even exist in meatspace though. We are setting an impossibly high bar to try to weasel out of implementing anything.

danaris7 months ago

...Who is accurately and reliably doing age verification online?

How can you guarantee that the credential you're getting belongs to the actual person on the other side of the screen?

xp847 months ago

> ...Who is accurately and reliably doing age verification online?

ID.me for one is doing full identity verification by looking at your face and your ID card (and I assume having a human check up on it if the algorithm doesn't work). If Apple can do their fancy cloud-AI server thing with provable attestations that they aren't saving your information, someone could build a version of this which has those kind of safeguards and which passes back an emum (UNDER_18, 18_TO_20, ADULT) rather than a name or ID number to the caller.

Whether people would trust it is again, shrug. Most people barely understand how any kind of cryptography works so at the end of the day you do your best and people make their choices on whether to trust you. But the fact is that if the system actually IS designed properly, there isn't any risk of "oh no, 2029 fascism, now Supreme Commander Trump knows what porn sites I use" because that data was never saved.

derbOac7 months ago

Several things:

1. In the offline world, the child and media provider are in the same physical location, subject to the same laws. On the internet, they're in different places. This is central, as the argument by SCOTUS seems to be that the most restrictive law anywhere applies everywhere.

2. I don't think "just" is a silly instruction. Your child can do any number of things and we expect parents to have a certain amount of oversight and/or involvement to help children navigate it. I don't see how the internet is any different from anything else.

3. There's an important difference between a child entering a store or library and finding a page on the internet. Entering a store, library, or physical home, or whatever, presupposes a certain amount of effort involved in entering the premises, and that the owner of the store or whatever is present and can in fact monitor each visitor easily; on the internet it's a matter of linking from one text to another. Sometimes I don't think you can draw analogies easily, and this is one of those cases. To me it's less like requiring an ID for purchase of a media item within a store, and more like having ID requirements to view something in a public square, or having ID requirements to publish the media item in the first place. It's a bit like SCOTUS saying "if you publish a book in state X where it's legal, but state Y requires a publisher to be responsible for monitoring every purchaser of their book everywhere, then you have to comply with state Y."

For what it's worth, I think its absurd to have legal age requirements for speech, offline or online.

perth7 months ago

Nitpick: currently in the US, most public libraries do not regulate anyone, of any age, from reading “adult” books.

xp847 months ago

I didn't say public libraries, I was going to say bookstore but picked "library" because I wanted to drive home the point that even a kid whose parents didn't give them any money would be allowed to access the materials. My point: if someone opened a facility to knowingly give kids books about sex acts (and not the "sex ed" kind), we would all agree they are a creep.

watwut7 months ago

They wont allow minors to take out porn. Simply, they wont and it would be illegal for them.

sethammons7 months ago

Calvin and Hobbs, the comic strip, has been banned in Tennessee schools on the grounds that it had pornography in the form of Calvin's naked butt being in some cells.

What is adult content? A cartoon butt? A book on breastfeeding? "I can't define porn, but I know it when I see it" has led to Calvin and Hobbs being banned.

aaronmdjones7 months ago

I think the point they were making is that a child can walk into a library, pick up any book, and open it. All without any adults being in the loop. They can do that today.

+1
watwut7 months ago
croes7 months ago

You can read a book without taking it out.

sigwinch7 months ago

Meaning anyone taller than 4’ can reach tedious essays about porn.

3eb7988a16637 months ago

What public libraries have porn?

Or is it the pearl clutching where a novel with a same-sex kiss is smut? What about all of the graphic acts that happen in the Bible?

+1
lg7 months ago
watwut7 months ago

Pretty much none which is exactly why the comparison to libraries makes zero sense.

And yes, there was considerable pearl clutching over same sex kiss. To the point the supposed old school bastions of freedom would not print it, would not put it in the library and would do everything possible for kid not to read it.

The physical world of back then was considerably more restrictive in terms of what kids could access. Whether in the libraries or outside of them.

djeastm7 months ago

RE Point 1. All it takes is one of those other peers' parents to allow them to view pornography and then that kid just becomes the porn-distributor for the school, just like some kids in my day passed around porno mags. In essence, nothing changes for the kids, but every single adult is at best inconvenienced and at worst at risk of government invasion of their privacy. Not worth doing, imo.

RE Point 2. They could just use a whitelist instead of a blacklist/filter. They exist already, after all. Fill it up with sites showing the wholesome version of the world you want your child exposed to and they can only visit those places.

imtringued7 months ago

Yeah this is the thing everyone here seems to ignore. The moment someone does age verification and downloads a file the whole thing falls apart.

You would have to lock down any electronics device that can be used to bypass the restrictions. In reality the best way to do this is to build a screen based nudity filter into the device, which is not only more effective, it exposes this whole nonsense as an attempt to grow the police state.

makeitdouble7 months ago

> I can't help but wonder if we can separate that from how the offline world works.

From a different angle: many people went into the web in disagreement with how the physical world is managed.

Those who were good at politics also tried to improve the offline rules, but not everyone can.

From that POV, opposing the application of irl biggotery into the online world isn't some illogical or whimsical move. They tried to make a better world for the likes of them, and in a way you're using the success of the platform to explain why they're not welcome anymore.

I'd be sympathetic to your logic if it was for the betterment of the online world, but IMHO it surely isn't and we're looking at bullies expanding irl power to crush other platforms as well.

efreak7 months ago

Also, censorship software is infamously bad at curation. Peacefire isn't around anymore these days, but the sites blocked by local censorship software around 2000 is pretty terrible, whether they used keyword filters or URL lists. See the list of sites in the left column at https://web.archive.org/web/2020/http://www.peacefire.org (peacefire circumventor is a tool I used to use to access blocked sites at school)

anondude247 months ago

> I'd also like to separate the logistics from the morality here. If you believe it's hard to do it without satisfying privacy concerns, totally true! But then the focus should be on finding a good privacy-respecting solution, not just arguing for the status quo.

I like this point. I feel like the tech community just figured politicians would forget about the issue. Instead of working together to develop a solution.

int_19h7 months ago

By providing technical means to implement such censorship in "more acceptable" ways, you lower the political bar for its passing.

Not only that, but once you do so, you effectively concede that such censorship is valid to begin with, which can and will be used against you to pass further laws along those lines in the future. And if those laws cannot be implemented without ditching all that privacy you worked so carefully to respect in your compromise, well, too bad about that.

makeitdouble7 months ago

Are you assuming the "tech community" doesn't have the right to argue this on morality and thus refuse to provide technical means ?

anondude247 months ago

No. The tech community absolutely has the right to refuse to provide technical means and argue any views they want.

However we're seeing what happens next. Politicians write laws anyway forcing the tech community to do what they want.

I am just saying that in hindsight a bit of cooperation may have resulted in a less privacy invasive solution. I guess with the supreme court ruling it's too late now. The politicians have already won.

realusername7 months ago

> can "just" enumerate every inappropriate site even if it employed a full-time staff who did nothing but add new sites to the list all day long.

That's also an argument against an id verification mechanism then, the list of sites to block who don't implement one will be infinite.

mindslight7 months ago

> allow any child to wander in and check out books showing super explicit porn

As far as I'm aware, online sites generally don't let children wander in either. One of the reasons being they will make a mess of the cabling.

That's obviously in jest, but the point is that physical presence is the entire crux here. When entering a physical space, you do so with a physical body that society has demanded be able to be identified. And age can often be determined without even fully verifying identification, which is why our society has been so accepting of age checks.

The Internet has flourished precisely because of the foundation where one does not need to be identified. In fact one does not even need to be human, nor accessing a digital service the way the publisher intends. Separation of concerns. This has worked for what, 30 years at this point? An entire generation? If parents are still buying their kids hardcore pornography terminals these days, they've got no one to blame but themselves. And no, I do not care that "everybody else is doing it".

Ultimately, the "logistics" cannot be separated from the "morality" - it is a different type of space, and the moral thing to do is engage with it as it is, instead of demanding centralizing authoritarian changes.

These demands are from a narrow contingent of people that could straightforwardly build their own desired environment (the content blocking you've referenced as a straw man, or more accurately kid-friendly content curation), but yet have not done so. Because ultimately these types of calls are never actually about "the kids" but rather a general desire to insert themselves as morality police into everyone's business.

totallykvothe7 months ago

You're correct, and all the arguments against it simply boil down to "but we can't guarantee a perfect solution so therefore we shouldn't even try".

Asooka7 months ago

I would say the best option, if there absolutely must be age verification etc., would be to have a registry of sites that comply with all regulations and by default devices shouldn't access sites off that list. Basically a giant allolist for verified good sites. The internet is already effectively shrunk to less than a dozen sites for regular users, so this won't impact them, and the rest of us can have real free speech and unregulated internet back by switching DNS servers or some similar trivial change.

Or we move everything not meant for the sanitised internet to TOR hidden services.

int_19h7 months ago

But we don't need any government intervention for this kind of thing. You can already maintain such a whitelist yourself, and interest groups can collaborate with businesses interested in maintaining their public image to have a centralized registry of voluntary certification for websites (similar to those ratings for e.g. movies that we already have).

Separately from that, if switching DNS servers is an easy workaround to keep access to porn, kids interested in it will quickly learn how to do so, trading recipes and even downloaded content directly. Ditto with Tor etc.

The fundamental problem here is that it is an attempt to censor something for which there is huge demand among the very group that's being excluded. The only way you can do so that would actually work is full-fledged panopticon, where all communication channels are pervasively monitored.

xp847 months ago

I actually agree with this. One would just need Apple, Google, and Microsoft to buy into this and listing a legitimate site on the registry would be adopted as fast as universal HTTPS was. Keeping pubescent kids from mainly learning about sexuality through the lens of often-disturbing porn is a worthwhile goal.

Still need a solution to age-verify without tracking though, or else people would think of it as something to be turned off immediately since Reddit and X would obviously not be on the registry since they host tremendous amounts of porn.

I don't think that's an intractable problem at all, and I think as technologists we should be putting our efforts into building the most trustworthy system for that instead of just campaigning for nothing to change because it's "the parents' problem." Easy for us to say: We're all either not parents, or we're the type who are equipped to properly filter access to the Internet for our young kids. In reality, the single mom of 3 working 12 hours a day is not equipped to "just" set up a proxy server or figure out how to install internet filtering software on the Amazon Fire tablet she got her 8-year-old to watch Spider-Man.

poly2it7 months ago

A bit of a rant on the topic of digital supervision and age verification:

Speaking personally, parent supervision was detrimental to my development as a child. I recently reached the liberation of legal adulthood. While my parents are often sweet, their intents did not always have the desired consequences given how they were enforced. Until I was around 15, I didn't have any computer I was able to freely tinker with, which wasn't constantly supervised and constantly logged my every action. I wasn't allowed to touch a shell. This was troublesome for me, because I was a computer science enthusiast, and my parent did not want me to learn about programming. If I had developer tools open, or if it seemed like I was running a script, I would get questions. I was pretty much restricted to using Scratch (which has a fantastic underground community!). Yes, I spent quite a bit of time on my computer. In my defense, I didn't have any friends where I lived. Not that I didn't want any, I had tried, but at this point I was torted by bad experiences. My computer was my safe haven and where I had my friends. I did try to explain this, but my parent wasn't sympathetic. Expecting a joyous and present individual who should be out playing with friends, I was a failure. My parent never understood my need for digital freedom, even as it in hindsight was all I craved. This is the type of scenario I see playing out again every time I am reached by bills/news/opinions like these. If my parent had put half of the energy they use to keep me bound into supporting my personal development and our relation, things could have been very different. Instead, I became very good at avoiding filters, supervision and going unnoticed. It's quite a sore to me. I sympathise deeply with all the children who had a similar upbringing, who are going to suffer under the regulations in development, both in the US and in the EU.

mixmastamyk7 months ago

Obviously, there’s a difference between access to programming materials and the unethical majority of the internet.

I had access to the former at about 12 but no access to the internet until age ~23. Was about perfect.

poly2it7 months ago

When did you grow up?

mixmastamyk7 months ago

Why is the comment downvoted so much? Am GenX.

+1
BoiledCabbage7 months ago
spacechild17 months ago

That Tennessee law is particularly crazy:

> (a) Pubic hair, vulva, vagina, penis, testicles, anus, or nipple of a human body

Naked bodies do not harm anyone. This is US puritanism at its peek. Glad the author also pointed out the hypocrisy of treating nudity as more obscene than violence.

LocalH7 months ago

Interestingly (and I suppose fairly?) the law doesn't seem to make a distinction between male and female nipples. So an image of a shirtless man violates this just as much as an image of a shirtless woman.

Pikamander27 months ago

I'd imagine that male nipples are exempted due to the line that mentions "applying contemporary community standards".

Of course, that wording is deliberately vague for a reason. Judges, especially conservative ones, have often let states use wording like that to get away with female-toplessness bans, blue laws, religious imagery in government buildings, etc, since that kind of wording lets them avoid including discriminatory language in the law itself, therefore supposedly not violating the constitution.

spacechild17 months ago

I also noticed that! Certainly speaks of the intelligence of the people who write these laws :)

buyucu7 months ago

Does that also outlaw medical content?

stego-tech7 months ago

[flagged]

frogperson7 months ago

[flagged]

tialaramex7 months ago

Tenets.

A tenant is somebody who has a lease, for example to an apartment or one of those big metal sheds for a supermarket, and by analogy, customers of something like Microsoft's "Entra ID" (what was "Azure Active Directory" at least the new name is less confusing)

A tenet is a belief or principle that you believe in absolutely, I think we'd say that this "protects but does not bind / binds but does not protect" idea isn't a tenet of Fascism but instead an observable trait.

NikolaNovak7 months ago

Thank you for that, I've been looking for a decent pre-AI/Non-wikipedia summary like that. Unsurprisingly but depressingly, at least 13 out of 14 points are a perfect match.

yoyohello137 months ago

Well, jury is still out on #14…

mystraline7 months ago

Gerry and Mander told me to say hi.

(Seriously, gerrymandering, redistricting weaponization, bribery/campaign contributions, and the like are all forms of election corruption.)

AnthonyMouse7 months ago

[flagged]

makeitdouble7 months ago

In agreement, just to nitpick a single point:

> These people will never actually ban pornography, because they consume pornography.

Banning porn won't affect them: mainstream porn will find a way (dealing with rulings will just be a cost of business).

And more than anything, making it technically illegal allows for selective enforcement, which means a lot more power for them to decide who wins and who loses.

KumaBear7 months ago

[flagged]

khazhoux7 months ago

This is not the gotcha people think it is. Bible thumpers only pay attention to a few sections of the new testament anyways.

RajT887 months ago

[flagged]

+2
yndoendo7 months ago
viraptor7 months ago
anotherevan7 months ago

The Great Bible Battle

https://archive.md/60QZV

cryptoegorophy7 months ago

[flagged]

CamperBob27 months ago

These people will never actually ban pornography,

That's what I used to say about Roe v. Wade. "They'll never give up that wedge issue."

stego-tech7 months ago

They never banned abortions for themselves, just made it more difficult to get if you’re not getting an “acceptable” one (i.e. have the money to go where it’s legal or have a private family doctor who can make Bastard Fetus go bye-bye).

tialaramex7 months ago

You can see how this model worked in Ireland for example.

Historically Abortion was literally prohibited constitutionally in the Republic. That changed†, one of my friends lived there at the time and she's got a picture somebody made (painted? sketched?) on her wall of the group watching the results come in. But for most of my life, abortion was absolutely illegal in the Republic of Ireland.

So, if you were poor, too bad no abortions, they're illegal. But if you're wealthy you just decide to "go on holiday", maybe a long weekend somewhere nice - and miraculously while abroad you stop being pregnant. No problem

https://en.wikipedia.org/wiki/Thirty-sixth_Amendment_of_the_...

khazhoux7 months ago

You’re right that they consume porn, but plenty of them still want to ban it, and not just because of LGBTQ. It’s all about moralistic virtue signaling by immoral people.

heavyset_go7 months ago

The irony of course are stats like these.

From "Data Finds Republicans are Obsessed with Searching for Transgender Porn"[1]:

> So far in 2022, more than 300 anti-LGBT bills have been proposed across 36 states – at least one third of which are directed at trans youth. This surge, especially in anti-trans legislation from Republicans, stands in stark contrast to a startling fact.

> Republicans love transgender porn, a lot.

> With more than 4.7 Million transgender porn related Google searches each month (per Ahrefs.com), do Republicans represent those searching most? The answer seems to be a clear yes.

[1] https://lawsuit.org/general-law/republicans-have-an-obsessio...

raincole7 months ago

> These people will never actually ban pornography

Not sure how one can say that with a straight face when there are US states that literally block pornhub, but okay.

> If this was actually about porn on the internet, they'd be demanding Playboy get shut down, or PornHub. They're not

...

heavyset_go7 months ago

You have it backwards, Pornhub preemptively blocked access based on geolocation before the bills even passed.

raincole7 months ago

So Pornhub hates money and traffic?

Of course not. Pornhub blocked these IP because they knew it was going to be (and is now) illegal in those states, at least at its current form. I see it no different from said states banning Pornhub.

+1
heavyset_go7 months ago
raspasov7 months ago

Breaking news: VPN stocks skyrocket.

flatline7 months ago

Note that pornography is not banned here in Texas at least. You just have to provide age verification, and PH elected not to participate in that process. It doesn’t seem like that wild a thing at face value.

globnomulous7 months ago

> much to the chagrin of people whose power comes from harming LGBTQ+ persons/treating them as scapegoats.

To their "chagrin?" Huh? The meaning of the word is the opposite of whatever you're trying to communicate, I think.

anon848736287 months ago

[flagged]

aaron6957 months ago

[dead]

heavyset_go7 months ago

[flagged]

beejiu7 months ago

[flagged]

kennywinker7 months ago

[flagged]

giingyui7 months ago

I always wonder if these arguments are ever made in good faith. Comparing a treatment for diabetes to HRT. But there are people who really are off the deep end. So who knows.

kennywinker7 months ago

Made in good faith. And HRT is very rarely given to minors. The standard of care is puberty blockers until their 18.

Question about your good faith:

Do you have a problem with puberty blockers when given to non-trans kids? I.e. for precocious puberty

beejiu7 months ago

Yes, it should apply to all medical treatments targeted at children, since children don't have developed critical thinking skills.

Do you think it's appropriate for random people to tell a 10 year old how to take their insulin? I don't.

+1
Kinrany7 months ago
Hikikomori7 months ago

And if doctors develop treatment plans for trans children its ok?

jmb997 months ago

> since children don't have developed critical thinking skills.

So should everyone under the age of 25 (roughly when your brain becomes fully developed) be prohibited from talking about any kind of medical treatment?

Also, how do you expect people to develop critical thinking skills if they’re never presented with challenging concepts or, you know, required to think critically about things?

kennywinker7 months ago

I mean at least you’re consistent - even if you want to ban diabetics from chatting about their care online.

cryptoegorophy7 months ago

[flagged]

+1
kennywinker7 months ago
protocolture7 months ago

>One treatment saves lives, other “treatment” essentially shortens your lifespan, and most likely causing you to never have kids again.

The older I get, the more I understand people who prefer quality of life, over longevity.

cultofmetatron7 months ago

[flagged]

stego-tech7 months ago

I can guess which, and I implore you to do some reading from actual medical professionals and groups on this.

And if you’re still opposed to it, the solution is regulation - not criminalization.

margalabargala7 months ago

> I implore you to do some reading from actual medical professionals and groups on this.

Reading their comment charitably, one might want the trans youth to also get their information from actual medical professionals and groups rather than random internet strangers.

Analogously, sharing information about DIY at-home abortions with people on the internet is also dangerous as hell and will hurt people. In the world we currently live in it may be better than the alternative, but in a better world both of those are not pieces of information that anyone should need to find online.

afavour7 months ago

I think your comment would be well served by adding some reasons why.

lelanthran7 months ago

Because kids are impressionable and easily manipulated.

It's why there is an age of consent that no kid can waive.

It's why kids aren't allowed to do lots of things, like vote, drive, drink etc.

There needs to be a compelling reason to make an exception for one politically charged thing that comes with irreversible physical changes.

There also needs to be a compelling reason why that decision cannot be deferred until age of majority.

+1
felixgallo7 months ago
xienze7 months ago

Because kids are highly impressionable and have limited ability to make sound judgements?

ecshafer7 months ago

[flagged]

afavour7 months ago

It appears you and I have different definitions of “sharing HRT tips”.

beejiu7 months ago

Because youths don't have developed critical thinking skills and HRT is an invasive medical treatment!?

NPC827 months ago

Putting aside that MDs trained in medical ethics should be the ones to decide the end-all debate of HRT for those under 18y/o (or maybe 24 by your standard) -- I would imagine "tips" here is mostly about logistics of navigating the US health system and filling in health-effect anecdotes where science has yet to affirm/study (which encompasses more areas of health than you might think). Also, "Invasive" and "non-invasive" are usually reserved for surgical contexts so I'm not sure I would apply that here.

+1
dymk7 months ago
lelanthran7 months ago

[flagged]

jimbob457 months ago

[flagged]

landl0rd7 months ago

> conservative Christians are trying to eliminate ALL sexually-related speech online

I don’t really appreciate this framing. Despite being a very conservative Christian (at least in many ways, if not others) I don’t approve of or agree with the scope of SCOTUS’ current ruling, nor do I approve of all the age- verification laws as written. It seems futile to attempt to make everybody everywhere do this and create a locked-down “second internet” for minors.

But I do understand the impetus. As a zoomer, I’ve heard the problems particularly young men addicted to pornography have caused with some gal friends of mine they’ve dated. I’ve seen the normalization of what I view as degenerate sex acts as the treadmill of endlessly-escalating erotic-novelism spins without ceasing. I’ve watched people become more absorbed in their strange autosexual fixations than their spouses. It doesn’t seem good, or healthy, or sustainable, and I resent the contributions the proliferation of online pornography has made to these issues.

At some level I see this like sixties versus modern marijuana, where a more mild herb (or dad’s playboys beneath the mattress) has been supplanted by THC distilled and bottled into vapes (endlessly-available presence of any outlandish fetishistic stuff.) I wouldn’t like my child exposed to either but I can live with one.

Of course, I see it as primarily the parent’s responsibility to inculcate the virtue to disdain both. The state can’t nanny its way out of this one. But it’s always easier to pick a scapegoat that can’t vote (tax the corporations/rich, make the corporations implement age-filtering, etc.) than to tell people to take a hike and learn to parent.

const_cast7 months ago

You might not be pushing for it, but certainly your fellow conservative Christians are.

The problem with moralistic thinking is that it's stupid and it blows up, and we've known this for hundreds of years. What you view as moral means fuck-all. I don't particularly care if you think something is degenerate, and in fact by using a term like degenerate I respect you less as a person.

So when morals are used as the sole reason to justify law, we have a problem. Morals were used to justify slavery. To justify a lack of suffrage. To justify legal domestic abuse.

What's changed since then? Time. The passage of time. But time does not stop. Where will we be in 10 years, or 20? Progressing forward, ideally, but that's not a guarantee. We're laying the ground work for abuse.

For a large part of the American constituency, anything containing homosexuals is degenerate pornography. Right now. So if "it's pornography" is our justification, we have a problem.

I think we agree that said laws are bad, but why they're bad matters. The wider-scale implication is that moralistic law making is bad. Listening to Christians and having them come up with laws based on their personal beliefs is bad. Appealing to the American purity culture is bad. This is all ripe for abuse.

landl0rd7 months ago

No, some of them are. More evangelicals than my crowd.

Morality bears directly on what we consider to be a just society, so I don’t care if you don’t care. You’re broadening the scope beyond this particular issue, where I’m guessing I agree with you.

It’s not virtuous to act right because the state makes you, but the question of what we require and preclude is defined by our moral frameworks at some level.

I’m not sure with whom you’re arguing about the homosexuals point. I view a lot of things of degenerate I wouldn’t ban. Most adults I see are fat, thus gluttons, thus are committing a sin. It’s just not particularly my business to meddle in what’s between them and God and Satan. I didn’t suggest we “retvrn to Comstock” or something.

I don’t see how you can ignore the massively negative effects pornography has on mostly young men, particularly if you think about the marijuana analogy and how it’s increased in strength and availability. Novel hyperstimuli are a big issue. Just like supernormal stimuli tend to increase obesity and cause metabolic dysfunction.

A ton of lawmaking is moralistic. Eg the way I grew up I think it’s fine for two guys to settle something with a fight provided it’s clean and nobody’s kicking someone when he’s down. A bunch of people with different morals (“all violence is wrong”) told the cops to start arresting people for that sort of thing. I think stealing is wrong and vote to tell the cops to arrest people for that, while others (because of their morality) say that “it’s systemic factors” and turn people loose for sub-$1k or so, or sometimes don’t believe in property rights the same way I do. I don’t believe that income tax is just, nor federally-administered welfare, but a ton of people voted to tell the feds to take money and do just that.

I’m not sure how you can suddenly flip to “moralistic legislation is wrong actually” in such a selective sense just because it’s movitated by Christianity or right-wing ideology for once.

const_cast7 months ago

> I don’t see how you can ignore the massively negative effects pornography has on mostly young men

I ignore it because I've only ever gotten responses of morality. Which, as I've said, I think are stupid.

My point about morality is that it's the same morality that oppresses homosexuals, or previously black people and women. It's not a different morality - it's the same reasoning.

Some thing is immoral because of our beliefs, so we censor it or restrict actions. Throughout history, this has only gone poorly - no exceptions. I have no reason to believe it will work out this time.

You might say, "well it hasn't always gone poorly, what about murder?" Yes, murder has morality argument, but it doesn't only have morality arguments. It has real-world effects. It denies someone of their unalienable rights, mainly by ending their lives.

Pornography only has moral arguments, which is why I reject them.

+1
landl0rd7 months ago
Fraterkes7 months ago

Come one man, it would be trivial for me to credibly argue that your religion has given scores of young men an absolutely dysfunctional relation to sexuality, woman, their own body, etc. Anyone could make that case as easily as your case about pornography (arguably with more proof in my case). Should we legislate both the same way?

landl0rd7 months ago

I agree that some "purity gospel" teachings have made people uncomfortable with their own bodies. For example, I don't find myself bent out of shape by girls wearing shorter shorts and don't agree with the degree of taboo applied to nudity in America. I also think this only contributes to over-sexualization rather than reducing it.

I just don't see that as "my religion". That's not what I believe. In a certain sense an Eastern Orthodox Christian and a Missouri Synod Lutheran both have the "same religion", but for practical purposes they do not.

+3
Asooka7 months ago
boroboro47 months ago

> massively negative effects pornography has on mostly young men

Can you provide any source for this?

+2
landl0rd7 months ago
nunez7 months ago

> Most adults I see are fat, thus gluttons, thus are committing a sin.

This is not how fatness works.

Some people are genetically predisposed to gaining weight easily. Some people are literally just hungrier and have a higher satiety threshold. This is why "just eat less" is horribly ineffective.

Diet and exercise help but are more Band-Aids than a true long-term fix. Many people gain MORE weight after a period of intense dieting and exercise than before. There's a saying that summarizes this conundrum well: "Nobody knows more about diets than fat people."

I am sure that you mean well, but please understand that this is a very complex topic.

landl0rd7 months ago

This is, as a matter of fact. Both sides of my family are essentially universally obese. I grew up with it. I saw lots of it. I am probably genetically predisposed, but I'm not giving my DNA to one of those sketchy testing companies, so I can't say for sure.

It's not an issue of metabolism. I've walked in on people sneaking a junk food binge at 1:30AM too many times to believe this. I've seen all the sneak-eating, all the extra oily sauce when they think "well it's a salad", to believe that.

Diet and exercise are actually great long-term fixes, they're just not easy. We can see this pretty well by how reducing appetite via a GLP-1 agonist helps to decrease body fat, even with older-generation drugs that act almost entirely by just reducing appetite and increasing satiety rather than by additional mechanisms. There are also benefits like increased muscle mass increasing one's BMR so the same-size meal might no longer cause one to gain fat.

I understand that it's complex. It doesn't mean I want to blame or castigate people. I can empathize strongly with struggling against impulses to sin.

Both sides of my family also have extensive history of alcoholism. This has caused me to be very, very careful around alcohol, because despite a predisposition, drunkenness is still a sin. Somebody may have anger issues, but clocking somebody is still a sin. Many of us will have all these impulses or commit these sins. Most of the time, my reaction is to sit and empathize, particularly for "victimless crimes" (rather, sins where the only victim is one's own soul.)

ahtihn7 months ago

> Many people gain MORE weight after a period of intense dieting and exercise than before

That's because a period of intense dieting is unsustainable non-sense.

Diets as a temporary thing can only give temporary results. Permanent results require permanent changes.

DonHopkins7 months ago

[flagged]

ujkhsjkdhf2347 months ago

I come from a small town and know many conservative Christians. They are pushing for this. Like you said, it is easier to blame external sources than to accept you need to do better as parent.

landl0rd7 months ago

Many of them are. I just don’t see any reason to say “I disagree with the conservative Christians pushing this” rather than “I disagree with the people who support this.” There are secular folks who also support such legislation. It hints at a generalized animus towards religion and likely in particular towards Christianity, kind of like Fox News boomers complaining Obama wouldn’t say “radical Islamic terrorism”.

EasyMark7 months ago

The majority of people pushing this in the USA are evangelicals who are moving more and more to christofascism over the years. Now they are mixing in government more and more and dropping the traditional values of Christianity and replacing them with fascism and prosperity gospel

DangitBobby7 months ago

People need to understand that there is a radical Christian element trying to impose its beliefs on everyone. They should be called out continuously and especially when they successfully modify any laws, state or federal.

landl0rd7 months ago

There is a radical proportion of American Christians which believes this, yes. I'm fine with calling out those beliefs. That's not my issue here, more tarring Christianity broadly, or even specifically those of us who hold conservative social beliefs but don't believe in imposing those via state coercion.

I don't see any moral benefit to forcing people not to sin. There's no virtue when there's no choice.

ujkhsjkdhf2347 months ago

I understand what you're saying but when you have Trump and his cohorts fake praying in the oval office with the support of conservative Christians who abandon all of Jesus' teachings of love and compassion and embrace Trump's hate, you might understand why people take a specific issue with that.

landl0rd7 months ago

I'm fine with criticizing that, and actually agree with that criticism. "Take heed that ye do not your alms before men, to be seen of them: otherwise ye have no reward of your Father which is in heaven."

DonHopkins7 months ago

[flagged]

antonvs7 months ago

> I don’t really appreciate this framing.

The framing is objectively accurate. Perhaps you should reconsider the group you identify with.

landl0rd7 months ago

You're the one identifying me with them. That's my point. The group you dislike is "people who support this policy" or "Christians who want to enshrine their social policy via legislation." That's not what you said though.

rstat17 months ago

What people do in their private time is none of anyone's business. Period.

Especially the government.

landl0rd7 months ago

Did something I wrote read like I disagreed with this? What children do in their private time is their parents’ business. What children do can sometimes be the business of the state; there’s tons of precedent for it acting in loco parentis. I just don’t find this to be the best solution.

EasyMark7 months ago

If you look at the goals of christofascists this is really just the beginning of incrementally becoming a theocracy run by them rather than a democracy with a diversity of thoughts and freedoms. That is the antithesis of what they want.

gamblor9567 months ago

normalization of what I view as degenerate sex acts

Those "degenerate sex acts" were normal enough when the Bible was written that they were included in the Bible.

Most of our ancestors would regard modern Americans as hideously prudish.

landl0rd7 months ago

Something being normal doesn’t make it right. Obesity is normal. Shoplifting has become normal in many places. People getting drunk is normal. Normalcy doesn’t equal moral rectitude.

Why do the opinions of my ancestors bear on that, and which ones are you talking about? Most of the ones I can think of, unless you run back to the days of tribal europe, would see the culture today as hideously liberalized. Regardless a lot of my ancestors probably did a lot of things I don’t think are right. Heck, I’ve done plenty of things I don’t think are right. None of that effects what actually is and isn’t morally good.

If I’m not running around telling off couples who leave the bar together, what do you care?

peterlk7 months ago

Hijacking this comment because it seems to be the most recent. I’d love to start a private email thread with you if you’re willing to do so.

After the previous election, I felt wildly out of touch, and I’ve been trying to find people who I can talk to who might be able to help me improve understanding of my (metaphorical) neighbors. I suspect that our beliefs will be quite different, but I appreciate your willingness to provide long-form, respectful responses to so many comments here.

If you’re up for it, my email is in my profile

DonHopkins7 months ago

[flagged]

landl0rd7 months ago

What makes me a "homophobic bigot"? If I believe sleeping with a woman before y'all marry is wrong, am I a premarital-sex-phobic bigot? Maybe standing with signs and saying mean things to people who do so, or lobbying to ban doing so, would qualify, but I'm not doing those things with either belief.

EasyMark7 months ago

Most of the BS from modern christians is a byproduct of the church trying to control every aspect of a person's mind and body rather than being an expansion of their spiritualism. Traditional religion does not like free thinking amongst its worshippers. Puritans were amongst the worst and they have a huge influence on early Americans and their religions.

landl0rd7 months ago

I agree with this to an extent actually, which has led me to conflict strongly with the structure of most denominations. There are a few exceptions (the Roman Catholic Jesuits are a good example) but I'd actually say the Roman Catholic Church contributed far more to the Church-as-a-power model than Puritans overall. That aside, some days, I get as much from reading Eckhart or Kierkegaard as a Newman or Aquinas.

kjkjadksj7 months ago

The thing most people misunderstand with weed getting strong is that in the past people would smoke way more. They’d smoke joints like cigarettes. Unless you’ve built up a tolerance you are smoking far less today to get high. And once you’ve built a tolerance that hardly matters too you just smoke more.

intermerda7 months ago

Would you also understand impetus behind any proposed hypothetical ban on alcohol, tobacco, firearms, or anything else that causes harm to the society?

landl0rd7 months ago

Yes, I would. Just like with proposed bans on alcohol, tobacco, and firearms, I understand the motives (particularly when I look at the rash of wife-beating that encouraged the temperance movement, for instance) but oppose the proposed solution (banning those things).

stego-tech7 months ago

Alright, you seem receptive to arguments so I'll take a crack at this.

> I don’t approve of or agree with the scope of SCOTUS’ current ruling, nor do I approve of all the age- verification laws as written. It seems futile to attempt to make everybody everywhere do this and create a locked-down “second internet” for minors.

That's not the intent. The intent from the get-go has been to "Baptise" the internet as "God's creation", and to shove out anyone not worthy of God's salvation - as determined by religious leaders. When the initial argument of "the internet is a creation of Satan" didn't work out, the religious leaders in the USA pivoted towards calling it a gift from God and demonizing anyone who "sullied" that gift in their eyes.

> I’ve heard the problems particularly young men addicted to pornography have caused with some gal friends of mine they’ve dated. I’ve seen the normalization of what I view as degenerate sex acts as the treadmill of endlessly-escalating erotic-novelism spins without ceasing. I’ve watched people become more absorbed in their strange autosexual fixations than their spouses. It doesn’t seem good, or healthy, or sustainable, and I resent the contributions the proliferation of online pornography has made to these issues.

Your observations are completely valid. As someone who creates smut (let's just call it what it is), there's a very real problem with people in general getting caught up in fantasies and ignoring reality. However, my observations suggest that pornography is just the convenient scapegoat for a society that constantly markets escapism as entertainment and penalizes anything that doesn't involve spending money. All forms of entertainment have been perverted to maximize chemical responses in humans, in order to sell more stuff. Your beef isn't with pornography so much as it is with the present consumerist hellscape, and a society that demands both spouses work full-time to have a chance at survival rather than balance the needs of the family by allowing every couple to have a spouse stay at home and make the house, if they so choose. Which brings me to your next point...

> At some level I see this like sixties versus modern marijuana, where a more mild herb (or dad’s playboys beneath the mattress) has been supplanted by THC distilled and bottled into vapes (endlessly-available presence of any outlandish fetishistic stuff.) I wouldn’t like my child exposed to either but I can live with one.

That's...man, I want to argue this, but I got nothing. You're basically describing what I did up above, with the proper analogy. As a cannabis user myself, you're entirely correct about the potency and convenient availability being an issue, and I'd absolutely like to see more penalties for physical distribution of these things to minors while also de-glamorizing some of this stuff. Sell the product, not the experience, basically.

> Of course, I see it as primarily the parent’s responsibility to inculcate the virtue to disdain both.

That's where we align - the avowed democratic socialist and the conservative Christian agreeing that, at the end of the day, it's the parent's responsibility to parent, and it's the individual's responsibility to make better choices - including seeking help for problems they're having. Where we may disagree on approach, however (I dunno, this is kinda speculating here based on other CC's I know/lived with/attended Church with), is that I believe the steps towards minimizing or eliminating harms is destigmatizing these things in the first place. It means getting over our societal aversion to SEX, a natural biological thing we've been doing as a species for millennia. It means getting over our disdain for addicts, and offering help.

If these ghouls (passing the laws) actually cared about children, families, or humans in general, they'd be supporting rehabilitation instead of penalizing consenting adults. They'd be penalizing exploitative employers and creating a tax structure that rewards stay-at-home partners while enabling every couple to have one such partner.

That's not what's happening, though, and I resent being denigrated as some sort of sick degenerate by a government that won't even feed its fucking kids.

landl0rd7 months ago

I'm not sure if that's the intent of everyone backing this; I think part of it amounts to parents who are legitimately worried. I may not agree with their means but I can understand that. I haven't personally met anyone who talked about baptizing the internet but that doesn't mean it isn't happening, and I'd oppose that.

I strongly agree with you on escapism and consumerism. I see pornography as a nasty end-stage manifestation of this, but not as the root issue. I've also seen peers spend way too much time rotting in front of netflix or tiktok or videogames, or addicted to shopping, or spending their money traveling to highly-instagrammable destinations and posting it. I have a huge beef with what you're describing, very true, and consumerist hellscape is a great characterization. Sticking with the drug analogy, I think it's like cocaine vs. fentanyl. It seems like many fewer people can consume is "recreationally" without some level of harm if they do it repeatedly over time. I also tend to key on it more because it so explicitly pertains to what I see as some of the most beautiful and sacred elements of creation (love, sex, marriage). But it's absolutely one manifestation of a greater issue.

I tend to agree with you that "purity culture" is bad and that America has a weirdly-victorian air about it that almost seems to tempt people more. I see alcohol as another example of this; I'd prefer my kids didn't drink until they were older and in the right place/at the right time, but our current set-up just makes most kids get blackout the first half-dozen times they drink.

To be honest, it's still not something I'd be comfortable sitting and discussing personally, but I think there's a difference between "not polite dinner-table conversation" and "God forbid anyone mentions it ever."

I agree with you that lawmakers don't care one whit about children, families, or people. I wish some of my fellow Christians weren't so quick to assume that "their guy" is actually going to fix anything, and see it as a way to disclaim responsibility for working on their own families and communities in particular. I think I've noticed more of this amongst my peer group, a basic distrust of particularly the federal and state governments across the political and ideological spectra. I hope this drives us to focus on fixing what we can. Work on our families rather than calling state assemblymen, work more to feed our homeless rather than expecting the feds to implement a perfect nationwide solution. And I hope rather than politicization, Christianity in America focuses more on the Second Great Commandment, "Love your neighbor as yourself."

hooverd7 months ago

People need to touch grass instead of blaming everyone else for their failure to do so haha.

DonHopkins7 months ago

[flagged]

soulofmischief7 months ago

[flagged]

chgs7 months ago

If the Supreme Court agrees they are constitutional then they clearly are constitutional, unless you think the constitution doesn’t apply

tyre7 months ago

The Supreme Court considered internment camps and segregation constitutional, until it didn’t.

There are also people who disagree with the Supreme Court’s interpretations. Including members of the Supreme Court! Both current (dissents) and not (overturning past rulings.)

shadowfacts7 months ago

> The Constitution of the United States was a layman's document, not a lawyer's contract. https://www.presidency.ucsb.edu/documents/address-constituti...

The Supreme Court is not the ultimate decider of what the layman's document means. It was wrong when it decided, for instance, Plessy v. Ferguson. The law that the Court upheld patently violated the Fourteenth Amendment and was unconstitutional. The Supreme Court was simply wrong.

Hnrobert427 months ago

It can both be wrong and the ultimate decider.

+1
soulofmischief7 months ago
dewyatt7 months ago

We've drifted pretty far from the Constitution and what the Founders envisioned.

The reinterpretation of the Commerce Clause was the start of a downward spiral.

I'm hoping the Convention of States will succeed and fix this, even if it means rebuilding many institutions at the State level.

anondude247 months ago

> I'm hoping the Convention of States will succeed and fix this, even if it means rebuilding many institutions at the State level.

Amendments proposed by a convention would still need to be ratified by 38 states. That's a pretty high bar for what you're suggesting.

dewyatt7 months ago

I think it's more likely we'd see term limits and balanced budget amendments. Possibly even the power for states to override federal laws, with a supermajority.

I'd like to see other things, like the commerce clause returning to its original meaning, but like you said, it's already a high bar.

hollerith7 months ago

>the Convention of States

when will that happen?

dqv7 months ago

When at least 34 states call for a constitutional convention. Potentially as early as this year if at least 15 of the 21 states with proposed legislation enact the laws which call for a convention (currently 19 states have enacted laws which call for a convention). Thirty-eight states would need to ratify any proposed amendments.

https://en.wikipedia.org/wiki/Convention_to_propose_amendmen...

soulofmischief7 months ago

Let's not pretend that the current federal government isn't completely compromised.

cocacola17 months ago

Not really. The Supreme Court believes some rulings to be wrong the day they were decided:

> “The dissent’s reference to Korematsu, however, affords this Court the opportunity to make express what is already obvious: *Korematsu was gravely wrong the day it was decided*, has been overruled in the court of history, and to be clear ‘has no place in law under the Constitution,’” Roberts said, quoting Justice Jackson’s 1944 dissent.

DangitBobby7 months ago

If Mommy says I can't eat carrots because they are bad for me, I have to listen to her. But I don't have to listen to her because she's right, it's because she's mommy.

soulofmischief7 months ago

The fact that some people model the government as patriarchal or matriarchal is one of our biggest issues today, because under that model we accept that all sorts of moralist values must be legislated, and we patronize the hell out of our citizenry, and it really defeats the entire point of the Constitution.

dennis_jeeves27 months ago

>defeats the entire point of the Constitution

The point is not what most people think it is, the point is to give that illusion that there is the some rule of law. This illusion ensure that the potentially revolting masses are somewhat kept in check. Meaning the constitution is meant for the rulers, to serve their purpose, and not of the people.

AngryData7 months ago

Quiet frankly I don't give a shit what a judge says is constitutional when they are acting in direct opposition to the stated goals of the constitution and I don't think anybody else should either. I believe the Founding Fathers both expected and wanted people to stand up in defiance against legal rulings and laws that many find unjust, even to the point of violence after some time. The Constitution starts with "We the People", which means if the people don't agree then the judges are wrong and should be opposed in every aspect.

The US legal system has gone out of control and it is getting to the point where people need to defy the law as a matter of principle and fight for their rights. The preamble of the constitution is pretty clear in its general goals, and working against the people's will, restricting the peoples rights, committing what the people believe are injustices, and causing social turmoil among them, are all blatantly opposed.

soulofmischief7 months ago

And this is compounded by the efforts of multi-generational corporate brainwashing to the tune of trillions of dollars. A critical threshold of people are compromised and this is then used as proof that the "will of the people" is uncontested authoritarian fascism.

657 months ago

Tor might be wildly popular in a few years.

dewyatt7 months ago

Tor doesn't protect against traffic correlation last I checked.

Mixnets/Nym are better for actual privacy.

(I've not audited Nym, not an endorsement)

poly2it7 months ago

Tor over DAITA? Especially with multihop over multiple non-cooperating legislators.

tiahura7 months ago

Two hundred and fifty years of jurisprudence would suggest there has never been a right to obscenity.

Nasrudith7 months ago

Two-hundred and fifty years of piwertripping lawyers with their heads up their own asses, ignoring the plain text of the constitution.

ActorNightly7 months ago

Why would I dedicate time to improving lives of people who actively want to destroy themselves?

soulofmischief7 months ago

What on earth are you talking about? Surely you're not displaying prejudice against 340+ million people?

booleandilemma7 months ago

No thanks, I'm not going to work on technology to enable the publishing of "obscene filth".

soulofmischief7 months ago

We don't get to selectively decide when a Constitutionally recognized inalienable human right is applied or not.

If you don't protect the right for Americans to share obscene material, you open the door for the first amendment to be trampled over time by the authoritarian ratchet.

M95D7 months ago

A more effective solution would be to implement HTML tags for explicit sexual content (or any other kind of child-sensitive content) and allow the OS or browser to authenticate the user before showing that content, if parental controls are enabled.

Legal obligations and responibilities become very clear: the site has tags - it's ok. No tags - guilty.

It also allows for very fine-grained delimitation of sexual content. No need to forbid access to an entire site for one page, or one paragraf of sexual content. Just blur/censor the <adult> ... </adult> content.

recursivegirth7 months ago

I like this, already got face ID built into our devices including PCs these days... tap into that. That curbs the whole issue of sending your identifying information to third party websites.

kjkjadksj7 months ago

The rub is how you authenticate the user. Most such content is already behind an age verification check. If the risk is that people who shouldn’t be doing so are clicking “yes I am 18” then whatever you need to do to authenticate the user otherwise to counter that sort of circumvention are going to be really ugly from a privacy standpoint.

M95D7 months ago

It shoudn't be the website's responsibility to authenticate viewers of sexual content, not unless it's paid sexual content.

This proposed solution allows the parent to choose whatever authentication he/she wants for the device. Windows login, browser login, 3rd party filtering proxy in the router, etc.

I know what you're about to say: What if the child gains access to an unrestricted device? Well, if you put it that way, what if the child gains access to an old stash of porn magazines? What are you gonna do? Sue the publisher?

phendrenad27 months ago

Same as it ever was. The government has been congenitally unable to strike a rational balance between free speech vs indecency statutes. "I know it when I see it" has been a meme since 1964 when it was written by the Supreme Court. In handing control of that balance over to the states, the federal government is just giving up. But it won't work. The issue still needs to be resolved. We're going to see many, many, many more Supreme Court cases on indecency vs free speech.

Nasrudith7 months ago

That is because the false balance is complete bullshit. Free speech means free speech. Obscenity is just special pleading "but it is icky!". The same thing has been happening for centuries. They came across a good idea as a foundational principle and the dumb fuckers wearing dresses we call judges refuse to see it. They then prove that they are all lawyers by constructing elaborate rationalizations. They also did the same thing to the Fourteenth ammendment's equal protection under the law working as grounds barring corruption and injustice.

jalapeno_a7 months ago

[dead]

_bent7 months ago

We've had kids accessing an Internet without any working age barriers for over 30 years now.

There have been problems, be that grooming, Facebook parties and maybe addiction to TikTok.

But being able to access adult content be that sexual or violent in nature doesn't really seem to have had much negative consequences.

Sure I wouldn't want my 10 year old to see 2 girls 1 cup - but I reckon it wouldn't be the end of the world if he did.

It's good that we have content recommendations. But we shouldn't try to actually enforce them.

Again: with all the options kids have had for accessing porn online in the last couple of decades, if it was actually THAT bad, we'd be having an epidemic. Yet we don't. The kids are alright

jofla_net7 months ago

Its really sad to see this getting attacked, now, after all that's transpired, after so many years. You'd think if it was that dire, again maybe 10 years in there would have been more action. But again its not genuine, so its really about the ulterior motives. Not even to mention the 1st amendment issues, which again don't just magically dissapear when a bunch of people stick to party lines.

Alas, we are in an age of hyper over-regulation though and this is just another example. I could come up with countless others in wildly different fields which have one astonishing commonality. That business has been running fine for ages and all of a sudden, we need to regulate.

ProllyInfamous7 months ago

Content restrictions should just be an option with the ISP: to make the entire modem/phone disable adult content and/or require age verification. This, I would disable (presuming `on` by default).

>2 girls 1 cup

I still remember showing that to curious ladies in grad school (who'd heard about it); some of my favorite reaction footage.

>10 years old

My generation's equivalent was lemonparty.com

=>O<=

mdavid6267 months ago

So, you're saying that children/adults nowadays are not negatively affected by early sexual exposure?

These are some of the negative effects, what early sexual exposure can cause:

- unrealistic or harmful beliefs about sex, intimacy, and gender roles

- sex disconnected from intimacy, respect, consent

- anxiety, depression, low self-esteem, body image issues

- broken families (one parent missing), divorce

- problems with emotional regulation, impulse control

- attention control problems, aggression, withdrawal

I say, all of these are on the rise and are a big problem.

Aachen7 months ago

Wait until you hear what issues the ubiquitous dihydrogen monoxide can cause! https://web.archive.org/web/19961031232918/http://media.circ...

These points would greatly benefit from being put into perspective

You can't seriously think a significant percentage of people are emotionally unstable because they looked up porn of their own will at an age of their own choosing, even if I trust that it can be listed as a contributing factor for some infinitesimal fraction of those with that issue

mdavid6267 months ago

You can’t be serious thinking it has NO bad effect on people, especially children.

Would you let your own children watch porn?

Aachen7 months ago

I assume I would if I had them. Similar to keeping offline and online bullying in check (no matter if they're the victim or perpetrator), until a certain point I guess I'd keep an eye on what they're up to (less and less as they age, assuming it goes well). If I see sites super unsuitable to their development stage (e.g. afaik girls mature slightly earlier so I may stop monitoring their media consumption sooner, I'd do my research if I were a parent) then sure we can have an uncomfortable talk and see what action I need to take. But if they're a horny 13-year-old, heck no I'm not looking into their pornhub pageloads, they have their privacy too. I'd be super weirded out if my parents had done that until I was 14 or whatever the legal consent age is where you are! Would/do you do that to your kids?!

Anyway, I guess the more relevant question is whether I think it has no effect whatsoever. Nah, of course it does, potentially some good and also potentially some bad effects. I just thought many of the points on your list had a negligible risk level (where risk=chance*impact), since it's e.g. not like most people who've grown up with the internet freely now are aggressives without impulse control

I'm not an expert on the topic and I'm happy to look at studies that update my worldview. Yet it's evidently not the case that anyone born between ~1990 and ~2000 (widespread internet and thus porn but not yet social media) has the issues you've mentioned. Maybe elevated levels, and maybe some research can disentangle the various environmental effects to point to porn as a partial culprit, but clearly it's not a majority of the population and, among those who are affected, it seems unlikely that porn is a typical significant contributor

+1
kjkjadksj7 months ago
tolerance7 months ago

[flagged]

educasean7 months ago

Let's blind all kids. Anyone who is opposed must believe that a non-zero chance of a child seeing two women have sex and eat turds is normal and healthy.

tolerance7 months ago

If it wasn't for your fine taste in ketchup I wouldn't have any qualms about writing you off as an imbecile.

I want to believe that your lack of discernment in one area betrays what suggests sound judgment in another. Unless the latter holds true only on occasions that satisfy your gullet.

BriggyDwiggs427 months ago

I saw that when I was little and it was just gross; I’m fine lol. My generation was the one watching cartel executions at that same time and that’s probably worse.

tolerance7 months ago

Who is your generation and how do you think they turned out.

No, save it (don't save it, this is rhetorical), because apparently every generation is screwed up in their own way that begets the ills of the next.

And if we happen to be cohorts (which I suspect we may be), then I think we made out as worse as any.

And is it wrong to assume that there isn't any difference between either kinds of footage? That one goads the other in either direction?

+1
BriggyDwiggs427 months ago
const_cast7 months ago

It doesn't - rather, it attacks the preposition at it's source. Pornography is bad, supposedly, but is it actually? It seems to me we all moved on without actually answering that question.

We know it's bad for moral reasons, but moral reasons are stupid and I don't trust them. But is it actually bad - like in the real world, with tangible effects, not made-up ones? I don't know, and it looks like you don't know, and OP doesn't know, and the people who are pushing this age verification don't know either.

Sure, two girls one cup is disgusting. It's vile. It's immoral. But is it harmful? That's a different question.

That's a huge problem. You see, we're attempting to solve a problem which we haven't proved even exists.

TheOtherHobbes7 months ago

Getting shot at school is far worse than seeing a vagina, but according to the people doing the censoring a movie featuring a vagina is a bigger problem than a violent random death.

As moral positions go, it's actually quite eccentric.

mixmastamyk7 months ago

Many of these things can’t be “unseen,” and I wish I hadn’t.

tolerance7 months ago

I have a feeling that this is going to turn into one of those exchanges where we capoeira around theory and definitions and what "real" is and what "real" isn't in a way I have to think that either you've lived a sheltered life, or are in denial or have some kind of resentment toward the disgusting, vile and immoral things that you've witnessed that were "harmful" to you (I'm not a therapist).

Moral reasons are stupid and you don't trust them.

Go find a ten-year-old and show them the video yourself. Then see if they feel up to letting you stick around them long enough for you to figure out whether there were any real-world, tangible effects.

+1
const_cast7 months ago
DonHopkins7 months ago

I bet they would have found cakefarts.com hilarious! At least it delivered what the url promised, unlike expertsexchange.com, penisland.com, and therapistfinder.com.

ViktorRay7 months ago

This article is incorrect.

The Supreme Court’s ruling only applied to obscene sexual material. It doesn’t apply to sex scenes within artistic works or sexual content in general.

There’s a test used to determine whether sexual material is considered pornographic. It’s known as the “I know it when I see it” test.

More info on this test here:

https://en.m.wikipedia.org/wiki/I_know_it_when_I_see_it

More specifically here is what is considered obscene:

The criteria were:

1. whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest;

2. whether the work depicts or describes, in an offensive way, sexual conduct or excretory functions, as specifically defined by applicable state law;

3. whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

The third criterion pertains to judgment made by "reasonable persons" of the United States as a whole, while the first pertains to that of members of the local community. Due to the larger scope of the third test, it is a more ambiguous criterion than the first two.

stego-tech7 months ago

The article is, in fact, correct.

Community standards vary by community, both physically and digitally. The community standards of a rural town in Utah or ChristianDating.net are likely to be wildly different than the community standards of a major city on the coastlines or PornHub users. This wrinkle is exactly why there's renewed efforts to define what obscenity legally is [1], so that it's inclusive of as much "porn" as possible.

Additionally, you're conveniently ignoring what the author spends most of their piece decrying: the fact that these laws permit "ambulance chasing" attorneys to sue across state lines. That's the real issue, especially given the fact that some state laws can allow civil action to lead to prison time for conviction. Even ignoring the potential outcomes however, these lawsuits are instantly bankrupting for a majority of Americans, and the laws so (intentionally) broadly written that even genuinely innocent parties are likely to fork over money to make it go away given the cost of mounting a defense.

Put simply: obscenity lacks a firm legal definition, the definition of porn is nebulous and variable from person to person, and these laws are written to maximize harm to a maximal population size. The intent is to criminalize as many undesirables as possible, and the current administration and political parties have been transparent that anyone not rich, white, straight, Christian, and cisgendered male are emphatically undesirable.

[1] https://www.congress.gov/bill/119th-congress/senate-bill/167...

tiahura7 months ago

As an ambulance chaser, I can assure you that suing out of state defendants for out of state activity has become nearly impossible. See Daimler AG v. Bauman (2014), BNSF Railway Co. v. Tyrrell (2017), Bristol-Myers Squibb Co. v. Superior Court (2017), Ford Motor Co. v. Montana Eighth Judicial District (2021), Mallory v. Norfolk Southern Railway Co. (2023)

MichaelBosworth7 months ago

Sounds like the article isn’t incorrect? The first two criteria depend on which community is doing the judging. New Yorkers will have à different norm than people from say a quaint 5k-person town where there’s an 8:1 church:supermarket ratio. The third criteria is vague, but vagueness cuts both ways.

Eavolution7 months ago

Who defines an artistic work? If I produce a porn film, why isn't that my artistic commentary on sex? Laws cant be this subjective because subjectivity implies subjectivity in ruling which is objectively awful.

DoctorOW7 months ago

In the legal sense, a judge would.

BriggyDwiggs427 months ago

That’s an issue

+1
DoctorOW7 months ago
tiahura7 months ago

The jury

TechRemarker7 months ago

The article would seem correct since "obscene" could be twisted to mean whatever they want. As the people making the ruling can say the average person believes x.

dyauspitr7 months ago

The article sounds very correct.

Anything can be perceived as “obscene” especially when you leave that interpretation open to any particular group.

kayodelycaon7 months ago

A man in drag is considered obscene by some people.

comex7 months ago

Nope. A key aspect of this ruling is that it's about "sexual content that is obscene to minors but not to adults". "Adults have the right to access speech obscene only to minors [..] and submitting to age verification burdens the exercise of that right. But adults have no First Amendment right to avoid age verification."

The Texas law at issue takes the same three factors you quoted and lists them verbatim, but tacks on "for minors" to each factor, e.g.:

> (C) taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

There's no precedent yet on what it means for something to "lack [..] artistic [..] value for minors", but it's almost certain to be interpreted as a harder standard to satisfy than the normal one.

bdangubic7 months ago

kissing is obscene :)

whatsupdog7 months ago

In many cultures, it is. Especially kissing in the public.

rustcleaner7 months ago

Solution: build technologies which make government statute effectively irrelevant. It must be uncensorable even by a nation-state adversary, and must hide its users and their activities. The future is software technology designed to thwart the ability of prosecutors to introduce evidence into a court. We must fight against the state's War on Crime with everything we have; the state has abused that war for centuries to justify its expansion. Courts should only bless victims taking revenge or retribution, offer an optional institution of rehabitation and recompense that the convict can voluntarily ascend to, else if the convict chooses to be free then he's at the mercy of the victim and whatever the victim chooses to do to the convict. Court cases should not result in involuntary imprisonment but only voluntary, incentivized by not being assaulted/killed in public as an outlaw. (Elected oath taking office holders excepted, prison should be a real possibility.)

It matters more to restrain and limit the state than it does to punish bad behavior. Furthermore the state has committed countless crimes in its treatment of the customers they chose to condemn, and ought to be dissolved entirely down to the office clerk. Unfortunately, the only way that happens is law of the guillotine.

smallmancontrov7 months ago

"Party of free speech," my ass.

barbazoo7 months ago

Virtue signalling Christian values, obviously that overrides free speech.

gchamonlive7 months ago

Free speech for me, not for thee

istjohn7 months ago

I worry that young people across the political spectrum increasingly no longer see free speech as a foundational value. Both sides pay lip service and deploy it strategically but are quick to sacrifice it when it conflicts with other values and goals.

The ACLU won our expansive free speech protections defending the KKK in the 1950s. But today, the ACLU has become short-sighted. They are more concerned with social progressivism than the liberal foundations of our democracy which allow social progressives to continue fighting. Young progressives are happy to sacrifice free speech protections to prevent hate speech.

On the other hand, social conservatives have always been eager to curtail speech they consider obscene or liscentious, and now Trump is using executive powers to punish protesters, creating an authoritarian atmosphere unlike anything we've experienced since perhaps the McCarthy era.

There are organisations like FIRE and EFF that give me some hope, but it increasingly feels like all sides would rather cement themselves in power than continue the infinite game of liberal democracy.

waffleiron7 months ago

>They are more concerned with social progressivism than the liberal foundations of our democracy

That's absolutely not true

In 2017 they filed a lawsuit defending conservative / far-right Milo Yiannopoulos [1] and spoke up for suppression of Trump [2]. Defended someone wishing death to gay people [3]. Filed an amicus brief supporting the NRA's free speech in '18 [4]

And tons of other examples every single year after that: https://www.aclu.org/news/civil-liberties/defending-speech-w...

[1] https://www.aclu.org/press-releases/aclu-sues-dc-metro-over-...

[2] https://www.aclu.org/news/free-speech/donald-trump-has-free-...

[3] https://www.lgbtqnation.com/2017/06/aclu-defending-guy-calle...

[4] https://www.aclu.org/news/free-speech/new-york-state-cant-be...

hitekker7 months ago

You're citing ACLU's PR and one source from a progressive site, most of which is pre-2019. Meanwhile, recent articles say things like this:

https://www.theatlantic.com/ideas/archive/2022/05/aclu-johnn...

There's a lot more where that came from but I don't need to lie by citation. The reality, as the electorate saw it, was that most liberal organizations in the 2020's suffered from mission creep. Planned Parenthood went on record supporting defunding the police, the Sierra Club redefined environmentalism as antiracism(?) etc

myko7 months ago

> But today, the ACLU has become short-sighted. They are more concerned with social progressivism than the liberal foundations of our democracy which allow social progressives to continue fighting.

Quite the opposite. I stopped donating to the ACLU after a few years of the last trump administration because I could no longer stomach it given the clear direction trumpism is taking the country. I still support the mission ideologically but can't back it up with my money. Seeing trump this time around I'm glad I haven't wasted the money - the constitution is dead.

ttul7 months ago

The GOP under Trump has considerably changed from the GOP under Bush. There is no longer a political home for Reagan/Bush-style conservatives. Perhaps a shift might be coming with the next economic downturn, which seems inevitable given the risk-off investment climate across most industries stemming from Trump’s erratic, unpredictable trade and economic policy. Things don’t look bad just yet, but it takes a while for the full impact of such enormous changes in sentiment to ripple down through the entire economy.

yardie7 months ago

Reagan and Bush were constrained by much more liberal supreme court justices of the previous era. The current Supreme Court justices were clerks and lawyers during Reagan and Bush presidency. If Reagan and Bush had the current justices in their bench I can almost guarantee they’d be pulling the same stunts.

zeroonetwothree7 months ago

Bush wasn’t exactly a steward of free speech

TimorousBestie7 months ago

> There is no longer a political home for Reagan/Bush-style conservatives.

There is, they just don’t like it for aesthetic and/or historical reasons.

The faction that currently runs the Democratic party is the centrist, deficit-reducing, foreign-intervention-when-necessary party of Reagan/Bush.

If the centrists and moderate conservatives could make common cause, they would easily shut out both the far left and far right wings of American politics. The demographics are there.

I think the main wedge preventing this unification is still abortion, and to a lesser extent LGBTQ rights. But it’s so weird to see two political factions that agree on 90% of policy get shellacked and overruled by their respective extreme wings. Real tail wagging the dog stuff.

tyre7 months ago

> it’s so weird to see two political factions that agree on 90% of policy get shellacked and overruled by their respective extreme wings

These parties have primaries and Republicans are choosing—by a majority—the crazies over the “traditional” wing. They aren’t extremists. They are the party views.

TimorousBestie7 months ago

> These parties have primaries and Republicans are choosing—by a majority—the crazies over the “traditional” wing.

Elections are by and large not contests of policy, and I think it’s likely that most American voters (across the spectrum, not just the GOP) aren’t voting in their own self-interest anymore.

SoftTalker7 months ago

Most moderates don’t vote in the primaries. The hardcore extremists vote unfailingly.

donatj7 months ago

Primaries are primarily voted in by crazies. Regular people have lives and jobs.

opo7 months ago

>The faction that currently runs the Democratic party is the centrist, deficit-reducing, foreign-intervention-when-necessary party of Reagan/Bush.

How are you defining "deficit-reducing"?

>Over the four years of President Biden’s term – from January 2021 through January 2025 – we estimate that he approved $4.7 trillion in new ten-year debt through legislation and executive actions.

https://www.crfb.org/blogs/how-much-did-president-biden-add-...

That rate of debt increase is neither responsible or sustainable - though such irresponsible behavior has now been adopted by both parties. Both parties seem to have become radicalized and are catering to their worst instincts.

+1
TimorousBestie7 months ago
CalChris7 months ago

The Bushes and Reagan were a little more genteel but that's it. Reagan even gave the wink wink nod nod speech about States' Rights at the Neshoba County Fair. The difference between them and Trump is sortorial.

tomrod7 months ago

Libertarian and Democratic parties ought to feel right at home for any refugees from the GOP who have conservative principles. Democratic party is right of center.

toyg7 months ago

> There is no longer a political home for Reagan/Bush-style conservatives

That's funny, considering Bush II effectively established the coalition of business interests, religious zealots, and neofascist militias, which then expanded to be the backbone of Trump's support. Cautionary tale about consequences of one's political choices? I wish.

timeon7 months ago

[flagged]

zeroonetwothree7 months ago

Neither of the two parties is very much in favor of free speech. The left has cancel culture and policing pronouns while the right has blocking books with gay characters and age verification laws.

BHSPitMonkey7 months ago

There are two common definitions of the phrase "free speech" that I think you are conflating:

1. The Constitutional right to free speech under the first amendment (i.e. specifically that the government may not use its authority to limit or punish its peoples' expression of ideas)

2. The vague notion that others should not be able to criticize you for something you've said or written

In this thread we are more concerned with the former. No one on the left is trying to enact laws to punish anyone's impolite use of pronouns. At worst, maybe someone has asked you to be considerate in some non-official setting (which has little to do with the first amendment).

JoshTriplett7 months ago

There is a massive difference between other people reacting to your speech and choosing not to associate with you or propagate what you say, and the government banning your speech and prosecuting you for it. You can exercise your freedom of speech, and other people can exercise their freedom of association to want nothing to do with you.

hooverd7 months ago

The left was kinda annoying about it but nobody was going to throw you in jail for misgendering someone or whatever.

eesmith7 months ago

I've noticed that cancel culture and policing pronouns is far stronger on the right. What Democrat has been canceled as much as Liz Cheney by Republicans? Certainly not the sex pest Andrew Cuomo, heartily supported by the Democratic Party leadership.

What Democratic president has issued an executive order anywhere equivalent to Trump's order requiring pronouns match the gender "at conception", and the anti-scientific claim that gender is a male-female binary?

The right also wants to block books which have nothing to do with gay characters, including “The Absolutely True Diary of a Part-Time Indian”, “Maus”, “The Handmaid's Tale“, “Of Mice and Men“ and “Brave New World”.

archagon7 months ago

“Cancel culture” is not government policy (and never was).

const_cast7 months ago

Cancel Culture is actually just the free market, the invisible hand, at work.

What is a boycott but cancel culture? The idea of the free market is that good behaviors and products emerge because consumers "vote" with their wallet. If a company has bad values I don't support then I don't shop there. Enough people do that and the company collapses. So, what remains is an economy where every company acts virtuously.

Theoretically. Then enters propaganda and the GOP. They tell you this invisible hand is bad, and companies should be able to do anything. At a glance this appears to be free speech, but it's not - it's the exact opposite.

You see, they can say anything they want, but we can't. We may not criticize them. Our opinions are not valid, they're "Cancel Culture".

+1
istjohn7 months ago
+1
eesmith7 months ago
istjohn7 months ago

No, but it is endemic to American colleges and universities which are government or government-funded institutions.

Furthermore, spend a little time on BlueSky and you will find huge support for the hate speech laws found in other countries.

Finally, the distinction between government regulation of speech and private regulation of speech is key in the court of law, but it is almost irrelevant from the point of view of a philosophy that values open inquiry, debate, and dissent as indispensible to human dignity and progress.

YetAnotherNick7 months ago

Except it was. It was the government who ordered Twitter to ban or shadowban people like Prof. Jay Bhattacharya.

yakz7 months ago

The government didn't do that.

"The primary weakness in the record of past restrictions is the lack of specific causation findings with respect to any discrete instance of content moderation."

https://www.supremecourt.gov/opinions/23pdf/23-411_3dq3.pdf

+1
archagon7 months ago
trynumber97 months ago

I'm genuinely curious. The parent buys the phone/laptop. And when little Timmy logs in to his phone the account should be in a family/group as a child account.

What's with the obsession with actually verifying identity? Just make a web API available to determine if the current user is configured as a child account. Why isn't that enough to gate-keep access to adult content?

mdavid6267 months ago

Timmy's friend in school has parents who have no idea about family/child accounts. They just give him a phone and let him do whatever he wants.

Timmy's friend is really popular in school.

lpribis7 months ago

Timmy's friend has a big brother that lets him use his ID. There will always be ways to circumvent this. The only functional difference between a simple setting in the browser and requiring ID attestation is how much surveillance it allows the government to do.

mdavid6267 months ago

According to this logic, why ban anything? There is always someone who can help you overcome the ban. So, let children buy alcohol and cigarettes, why not also drugs?

trynumber97 months ago

Identification verification doesn't solve that either. His friend could still hand him his phone after logging in and verifying, right? Unless they're doing facial scans the entire time the user is reading adult content.

It seems more like verification theatre.

siliconc0w7 months ago

It's a matter of time before the US system crumbles if these assaults on the federal system and civil liberties continue.

I live in state with a population of 40 million who gives $83 billion more to the federal government than gets back. It's absolutely insane we have to be ruled by afar by what is effectively a small minority. This will come to a head not only in Censorship, Immigration, Tariffs, Abortion access (banning abortion medication federally), Industrial policy, etc.

At a certain point California is going to say, "No Thanks" and peace out.

int_19h7 months ago

Funnily enough, this was pointed out by the very people who established our federal government structure. Hamilton, Federalist Papers #22:

"Every idea of proportion and every rule of fair representation conspire to condemn a principle, which gives to Rhode Island an equal weight in the scale of power with Massachusetts, or Connecticut, or New York; and to Deleware an equal voice in the national deliberations with Pennsylvania, or Virginia, or North Carolina. Its operation contradicts the fundamental maxim of republican government, which requires that the sense of the majority should prevail. Sophistry may reply, that sovereigns are equal, and that a majority of the votes of the States will be a majority of confederated America. But this kind of logical legerdemain will never counteract the plain suggestions of justice and common-sense. It may happen that this majority of States is a small minority of the people of America; and two thirds of the people of America could not long be persuaded, upon the credit of artificial distinctions and syllogistic subtleties, to submit their interests to the management and disposal of one third. The larger States would after a while revolt from the idea of receiving the law from the smaller. To acquiesce in such a privation of their due importance in the political scale, would be not merely to be insensible to the love of power, but even to sacrifice the desire of equality. It is neither rational to expect the first, nor just to require the last."

(https://avalon.law.yale.edu/18th_century/fed22.asp)

mixmastamyk7 months ago

Since the civil war it’s been clear no one is getting out alive.

int_19h7 months ago

ACW was the minority revolting against the majority.

mixmastamyk7 months ago

Wtf is acw?

int_19h7 months ago

American Civil War

kjkjadksj7 months ago

Armed forces aren’t giving up their CA bases without an ugly fight

practice97 months ago

A variation of “no taxation without representation”?

conartist67 months ago

I feel so bad for the teenager whose mom is parading him around as a permanently defective ruined form of life. Could that be damaging to a kid do you think?

heavyset_go7 months ago

Munchausen's for sympathy and fame isn't new, but it is pretty tragic when you see it.

ChainnChompp7 months ago

Hopefully someone kept a snapshot of the country's configs before this year began. I feel like we're going to need it. This is ludicrous - as so much is lately.

Esophagus47 months ago

Unfortunately, the S3 bucket we use to host the backups is gone... the compliance department complained about it, but now they're gone, too...

MasanskY017 months ago

The land of the free. Where every moron can get and use a firearm and the rest of the world only knows the country even has educational institutes because of all the school shootings. But let's outlaw trans, drags and writings for the poor religious conservative inbreds in the South. Because that's the real danger in the world now. Yikes

VerdisQuo56787 months ago

Is there anything we can actually do to combat this? Im short of ideas, tho the 33% rule can be potentially worked around by generating loads of fake content similar to a previous poster who generates fake content for scrapers to eat Im in the UK and they recently passed a similar law banning any explicit _imagery_, which I already thought was bad but the land of freedom beats us out again, the literally surveillance state, at least that's that's enforced top down by ofcom instead of an army of injury lawyers so it works at ofcom's speed

rlonn7 months ago

It's interesting that we, as humans, are all so neurotic about sex, and especially about allowing our kids to understand that sex exists, that we rush to outlaw any depictions of it that our kids could potentially see. While at the same time making sure adults are still able to see it, of course. Because everyone knows that when you're 6569 days old, seeing someone have sex will cause life-long scarring, but when you're 6570 days old it doesn't matter anymore.

We also outlaw the depiction of any crimes related to sex, and here we find it easier to justify the ban, but in our haste we clump together actual crimes committed against a real victim, and imaginary crimes such as e.g. a cartoonist drawing a rape scene. In the latter case we close our eyes to the fact that we claim to support something called "freedom of speech" and, in our neurotic hunt to ban things sex-related we trample our principles.

Same goes for e.g. CSA, but in that case in particular, logic and consistency seems to go out the window and principles are sacrificed in the blink of an eye. It makes me a little depressed to see.

As for individual countries trying to enforce their local socio-cultural norms on the rest of the world, that is of course equally silly. The US is great in many ways, but introspection and ability to follow principles is sometimes lacking for sure.

I wouldn't be surprised if our sexual neurosis is what makes an AGI finally decide that we're not competent to captain the ship anymore.

rurban7 months ago

Not "we, as humans". Only for we, as third world country

rlonn7 months ago

I'm in Sweden, and we behave the same way. We just don't focus on exactly the same things. The attitude towards sex in general is more relaxed, but when it comes to CSA we would love to impose our views on defining and policing it on the rest of the world, see https://www.patrick-breyer.de/en/posts/chat-control/

emfax7 months ago

Why can’t we just have a meta tag that declares that content on a website is not suitable for minors?

Or is it because, as others have mentioned, it’s not really about protecting minors from adult content?

Aachen7 months ago

Because then: whose computer is it? If it's my computer, it does my bidding. If a child is currently on the computer, should the computer decide and refuse to work as in "I'm sorry Dave, I'm afraid I can't do that" where the operator (Dave) is deemed a threat to its objective? In this case, the computer's programmed goal would be preventing any minor from seeing content with this tag. It has to decide if you're a minor whenever content is marked as such. If you can't override its programming, it's your computer no longer

mixmastamyk7 months ago

You could configure the user account to show tagged content or not.

BrenBarn7 months ago

It's ironic that the faction that's usually talking about "personal responsibility" is now saying we can't put this horrible burden on parents to control their kids' device use --- or even just teach them how to make healthy decisions and interpret what they see in a healthy manner. I seriously doubt that reading smutty stories online is going to scar a kid for life.

mindslight7 months ago

It's not ironic, rather it's hypocritical. At this point it's painfully clear that they only invoke lofty ideals to trick reasonable people into supporting their backwards authoritarian agenda. The real aim is simply for power, and open hypocrisy is one aspect of demonstrating power - rules for thee, not for me.

browningstreet7 months ago

Remember personals and missed connections on Craigslist? Remember when they took those down, and why?

This goes back a long ways.

ReptileMan7 months ago

That has always been the problem with advocating free speech - that eventually you have to protect the rights of the writers of nazi furry slash fiction and similar fellows. And are really soft and fluffy target.

gs177 months ago

> The public library in rural Donnelly, Idaho, at only 1,024 square feet, had no practical way to create an enforceable “adults only” section and no budget to defend against lawsuits. Therefore, to comply with the law, they decided to make the entire library for adults only. The library has banned minors from entering the library (even to use the bathroom) unless they are accompanied by an adult, or holding a waiver from their parents.

This is absurd. It does look like they're suing, with help from a lot of publishers, at least.

soulofmischief7 months ago

I spent a lot of time after school in the library to avoid my abusive cult guardians at home. If this avenue hadn't been available to me in my small town, I'd likely have committed suicide. But, I'm an atheist, so me committing suicide would probably be seen as a win for these evangelical freaks.

TimorousBestie7 months ago

Yeah, me too. It’s very chilling to see the resurgence of a very broad conception of parental rights, which can in some cases permit the wholesale physical, emotional, and sexual abuse of children without recourse.

It’s hard to talk about it without being accused of hyperbole, but some of these proposed laws come very close to making children the property of their parents. As someone who grew up in an abusive household, that makes me exceedingly uncomfortable.

soulofmischief7 months ago

I shared this experience before on a recent thread about the role librarians play in counterculture and a user made a throwaway account in order to tell me to kill myself all sorts of creative ways and that he's glad I was abused, etc. etc.

wizzwizz47 months ago

I've talked to enough people who explicitly believe that children are chattel (sometimes in the same breath as complaining about abuse they suffered from their own parents) to know this isn't hyperbole.

JohnTHaller7 months ago

The Republican party has worked to kill public libraries and public education for years, so this fits right in line.

ndriscoll7 months ago

[flagged]

yardie7 months ago

An ADA compliant bathroom is almost 200sqft. And they will need at least 2 of them. So now that 1000sqft is now 600sqft. And they still need a place to store and process books, reading rooms, etc.

arp2427 months ago

Also there's a big difference between a general "children's room" and strictly enforced "adults only" and "for children" section, with risk of costly lawsuits if some extremist parent thinks the kid saw something "obscene". My library had a children's section and even some toys, but I could walk in and go anywhere.

Since I'm not American I don't have a good idea of what 1024 sq feet is: it's about 95m². I laughed out loud when I realised just how small it is. To suggest this is large enough for a strictly separated adult and children section is profoundly unserious.

ndriscoll7 months ago

I've lived in several houses that had 2 bedrooms, a bathroom (with tub/shower), a kitchen, and laundry closet that were 8-900 sq ft, so to me it seems profoundly unserious to suggest you can't fit a small adult only room (think more like a walk in closet) in that space.

Ignoring that, they don't even need a room. They just can't let kids access it. A locked armoire near the checkout ought to suffice.

ndriscoll7 months ago

> The ADA Standards, on the other hand, do not address the number of toilet rooms or fixtures required for a facility, but instead specify which ones must be accessible where provided.

https://www.access-board.gov/ada/guides/chapter-6-toilet-roo...

For what it's worth, chatgpt and random reddit comments claim you'd need closer to 50sqft for a compliant bathroom. Maybe that's nonsense.

In any case, their Facebook page is full of recent pictures of children in the library, so it seems that they were indeed unsurprisingly just posturing.

tomrod7 months ago

You design libraries? Fascinating!

gamblor9567 months ago

FTA: "In fact, under the laws that the Supreme Court just upheld, prosecutors in Tennessee and South Dakota can even reach across state lines and prosecute writers on FELONY charges for a single paragraph of sexually-explicit writing on my site that they think "harmed" kids in their states, facing up to FIFTEEN years in prison, for failing to implement ID-checks on my dinky little free WordPress site."

No, they can't. That's not how jurisdiction works in the U.S. If states could do stuff like that, GOP prosecutors would be charging out-of-state Democratic politicians with made-up-crimes all the time. They're not doing that. It's not because they don't want to; it's because they can't. (And also, the legal justification that would allow them to go after their political enemies like this would allow politically-opposed prosecutors to do the same to them.)

kayodelycaon7 months ago

States are already trying to police abortions outside of state lines. If you helped someone get an abortion in another state, they want to be able to arrest you for it.

ndsipa_pomu7 months ago

If there's going to be strict rules around sex, then I'd like to see similar laws around distributing violent content. What we need are age verification requirements before kids can see violence on News programmes or be subjected to the threat of gun violence (e.g. in schools).

dogcomplex7 months ago

The Supreme Court is eroding the credibility of the institution of law faster than they can make laws. They really want to see how the public reacts to overreach?

globalnode7 months ago

Someone missed the responsibility step: parents are responsible for their kids not rando strangers across the world, and when kids get old enough they're responsible for themselves. Unless they need carers, then the carers are responsible.

Sniffnoy7 months ago

This article doesn't really go into any detail about the Supreme Court decision it discusses, instead reserving its detailed discussion for the laws this decision permits. Anyone have a link to the opinion, or an article discussing it specifically?

nothrowaways7 months ago

Does it have to be written? Does it apply to video and audio contents of similar manners?

blurbleblurble7 months ago

I don't think it has to be written or even particularly raunchy, just has to be deemed "damaging to children".

Looking at banned children's books should fine you an idea of the offline precedent here.

nkrisc7 months ago

Next comes continually redefining “pornography”.

Nifty39297 months ago

Unfortunately, these laws are working exactly as intended. If they discourage all forms of sexually-explicit material, the laws are working as intended. They are not really about "protecting the children." They use that as an excuse to make it too legally risky to publish pornographic/sexual material under any circumstances.

If I was a publisher, would I trust an age-verification system to protect me from 15 years in prison or an "investigation" that results in nothing but destroying my life? Nope. So eventually the legitimate website operators just give up.

Or how about the ISP who now simply refuses to do business with any website that publishes sexual material just to avoid legal consequences for themselves?

Working as intended.

jekwoooooe7 months ago

This is insane. Literally goes against the first amendment. What recourse is there for this nonsensical decision? Mass disobedience? Leaking verified IDs until they stop this?

RS-2327 months ago

Loophole to the Tennessee law: a disclaimer at the top of the site that the following is for scientific and educational purposes only. Problem solved.

“When taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.”

TrackerFF7 months ago

One of the goals in Project 2025 is to make teachers, librarians, etc. that purvey "pornography" into felons, and jail them for a long time. That starts with labeling things as pornography.

Before you know it, anything that mentions LGBTQ+ topics will be labeled as porn.

mdavid6267 months ago

Question for all the people who say that the government should not do this -- how do you protect your children accessing these sites?

dev1ycan7 months ago

As an outsider seeing the US destroy everything people associate with America in a couple months is sort of morbidly funny...

Sharlin7 months ago

Most people's associations with the US were fanciful and unrealistic to begin with. It's just that now the reality has diverged so far from their mental images that they're forced to acknowledge the disparity.

kelnos7 months ago

While we do produce a lot of porn, remember that the pre-US colonies were founded by conservative religious people who were too conservative even for Europe at the time.

chgs7 months ago

When it comes to nudity and sex America has always been puritanical.

Blood and guns, sure. Freedumb

kdinn7 months ago

You may find this helpful, it is a non-partisan summary of the decision and its affects: https://sivic.life/free-speech-coalition-inc-v-paxton-no-23-...

rayiner7 months ago

> The First Amendment effectively no longer applies if your speech is online, contains sex scenes, and not behind an age verification wall

The First Amendment doesn’t apply to obscenity, so I’m not sure what the complaint is.

deadbabe7 months ago

How exactly do these laws work if the servers are hosted outside of the US?

kelnos7 months ago

They don't, of course. These laws aren't here to protect children. They're just a step on the road to one of their (conservative Christian) goals: banning pornography entirely in the US.

EasyMark7 months ago

Sounds like a great reason to set up a Great Porn Firewall and demand ID of anyone attempting to gain access to any IP outside of the USA

timeon7 months ago

They will try blackmail hosting country with tariffs.

derelicta7 months ago

That's a great moment to start a company whose only focus is blackmail erotica authors into giving them money

qnleigh7 months ago

I'm still wrapping my head around the consequences of this, which almost seem too big to believe. It sounds like there are hundreds of millions if not billions to be made on filing these kinds of lawsuits, which means change is coming hard and fast. What if anything prevents the following?

1. Lawsuits against content "normalizing LGBTQ+ identity," which many conservatives claim is harmful to minors. This creates opportunities for conservative groups to file frivolous but expensive-to-defend lawsuits targeting LGBTQ+ advocacy online. Will this sort of thing get sued out of existence?

2. Lawyers will first go after the largest targets. Does this mean that e.g. large health websites will have to take down articles on sex education? Might they even do do preemptively?

3. Relatedly, will all major US porn websites go behind age gates soon? Has this already happened?

frumplestlatz7 months ago

I’m a porn abolitionist, and I still hate these laws. Requiring digital identification online is an incredibly chilling step. It is a direct assault on anonymity.

EasyMark7 months ago

It's an attempt to get a list of people for a future Gilead like government to prosecute. It's not about protecting children, it's a way to get a list of nonbelievers and sinners in the hopes they can set up their theocracy and punish the non-believers.

Hnrobert427 months ago

Wow. Porn abolitionist. That's a fascinating position. One I can't begin to fathom, so it's very interesting.

frumplestlatz7 months ago

To be clear, my view is not one rooted in moral judgment, and certainly not directed at sex workers.

Rather, it’s grounded in trauma ethics. The statistical prevalence of CSA amongst sex workers is incredibly high — nearly universal.

Sex work itself is quite often a form of trauma reenactment, and the degree to which they engage in disassociation in order to perform is staggering.

I believe that in a very real and ethical sense, pornography and other forms of sex work entails the commodification of disassociation, and the consumption of maladaptive trauma responses rooted in CSA.

In effect, it amounts to taking pleasure in the psychological aftershocks of abuse.

I’m not convinced that porn abolition is even possible, but that it is important to be honest about the ethical fault almost universally implicit in sex work.

jimmydoe7 months ago

If the goal is protecting kids, why not jail the parents who allowed their child to have unlimited access to internet rather than the publisher?

alon_honig7 months ago

I think people are putting far too much of an ideological lens on this ruling. As a "matter of law" this seems like the right decision. The supreme court is not a board of dictators making societal decisions based on their flavor of the day. Their job is too see if the ruling is consistent with all other laws we have and the normal function of a modern society. Pushing the envelope one way or another is not their job even if they end up doing that. At the end of the day the (elected) state governments have decided to create a policy that reflects what their constituents want. The supreme court job is not to question the logic of that. They did not run for office or win elections. They just need to make sure that what being done is reasonable and not violating any existing laws. As a tech guy I think these laws are stupid but this case was not the right hill to die on. What needs to happen is that these laws get enacted, costs and unintended consequences happen and THOSE parties sue on the supreme court on that basis

boroboro47 months ago

This would be all correct if we didn’t have one particular set of laws above the others – the constitution. And it is unclear if rights guaranteed by constitution (freedom of speech in this case) aren’t infringed by this particular law. There is no such thing here as “if they passed a law let it be”. It can be true if they passed the constitution amendment but they obviously didn’t.

Now we can talk about real issue here - how correct the trade off the court is taking between freedom of speech infringement and this law. And as you can see in original post - author there thinks this trade off was taken wrongly by the court. I, personally, think the same.

justahuman747 months ago

So which state's ISPs do we need to IP-ban?

chamomeal7 months ago

IP banning Tennessee would be an interesting form of protest. Seems like these laws are usually super unpopular, but the general public doesn’t usually find out about them enough to get upset. If it doesn’t airtime on Fox News, my dad will literally never know it happened.

Putting up a big “Tennessee might try to put me in jail if you access this site” would get people’s attention.

Not that any business that gets a real amount of traffic would ever do such a thing. Nobody visits my shitty personal site lol

comex7 months ago

Pornhub has in fact been doing such a thing.

https://www.pornhub.com/blog/age-verification-in-the-news

briandear7 months ago

The EU is far ahead of Texas on this. Spain is launching a “porn passport” system (Cartera Digital Beta) using government-issued digital ID to verify age, and France has already attempted something similar. Under the EU’s Digital Services Act, platforms—including porn sites—must implement age checks for EU users regardless of where the site is based. And this isn’t being led by “conservative Christians”—Spain’s Socialist PM Pedro Sánchez is pushing it. I know we’re talking “America” here, but this isn’t some puritanical American concept.

This article overreads the Supreme Court’s decision. It upheld a narrow Texas law requiring age verification to access adult content, applying intermediate scrutiny and emphasizing in-state regulatory authority. It didn’t grant states power to prosecute across borders, nor did it change existing limits on state jurisdiction.

The argument relies on a stack of fallacies:

Post hoc — assumes the ruling causes harms that depend on future, hypothetical laws.

Slippery slope — claims this leads to extraterritorial prosecution, which the ruling doesn’t support.

Appeal to fear — frames state level regulation as existential threat without legal basis.

polski-g7 months ago

This should nudge browser makers to include user age information in the headers.

chriscrisby7 months ago

Who knew giving kids unlimited porn would have negative consequences.

EasyMark7 months ago

any kid that has unlimited porn is a kid with poor parents, and they were gonna get into things much worse than porn anyway since parents aren't around and being negligent.

Aachen7 months ago

That's an interesting line you're drawing. I'd not say my parents were negligent or that I'm any worse off for having a computer to myself

I heard later they talked about porn and decided that if I seek it out, I'm probably ready for it and otherwise, if I find it icky (I remember feeling that way as a child), I'll just not go back to it. Looking back, for me at least, I think it really was that simple: some things are icky to me still today and I don't seek them out, but I don't remember ever wishing I hadn't seen something that I had looked up

The second thing is that my mom was concerned about my computer use, but then at some point saw that I also created things (probably HTML pages). She later told me that this was when she decided it could be good for my development to continue down this path and learn more about computers. I now work in IT. I don't think she was wrong

Keeping my computer use supervised just isn't feasible when it's most of my free time (after maybe 13 years old, idk). I don't think these considerations mean my parents were "not around". They were 100% there for me when I needed them and then some. You can call this negligent but that's neither their nor my opinion, more than ten years after leaving their supervision and looking back at it and how others are raising children currently

What seems harmful to me is the helicopter parenting style that movies and online (news) media portray the USA as doing. Idk to what extent that's actually real though, a lot of it seems really far out there

chriscrisby7 months ago

If you can’t configure content filters and dns servers then what right do you have to be a parent.

You shouldn’t be a parent if you can’t enforce a mobile device policy better than an average Fortune 500 corporation.

Aachen7 months ago

Just to double check, this is a joke right? Because you suggested upthread (if I'm reading the sarcasm right) that consumption must be curtailed, but clearly this comment about not having a right to be a non-tech-savvy parent is a joke...or?!

chriscrisby7 months ago

It’s definitely sarcasm, expecting the average parent to administer their home network and outmaneuver adult website operators is unreasonable.

Plus comparing how to parent in the days when the only internet access point was a desktop computer in the living room vs now when everyone has multiple hand held devices is not helpful.

crmd7 months ago

The strategic objective here is to authenticate all web traffic.

mathgradthrow7 months ago

Tome to move to Tor

tyingq7 months ago

So no bounty because it's not a security problem. But the MV3 API they are deleting, they say...is being deleted for security reasons. Not at all to hobble ad blockers.

stickfigure7 months ago

I'm puzzled by this 33% thing. Can I just host two videos of wholesome AI slop for every porn shoot? Like, if Pornhub adds a Christian section they can continue as-is?

EasyMark7 months ago

It's a foot in the door law, newer laws will only become more draconian. Slow frog boil tactics are not uncommon with fascists. Look what Orban is doing, setting up fascism one step at a time, rather than an overwhelming military coup type of takeover.

rpmisms7 months ago

On a sociological level: good. I personally believe that easy-access porn has been detrimental to society.

jekwoooooe7 months ago

It really hasn’t and there’s absolutely no evidence to support this at all

mdavid6267 months ago

So you're saying that human relationships in our society are working really well, have no problems and should continue without changes?

Porn is one of the big contributors to many negative effects we see today. Seeing how many problems porn sites cause, I say should be banned immediately.

Of course, people watching porn/addicted to it, won't want it to go away. Similar to drug addicts don't want drugs to be banned.

rpmisms7 months ago

You really can't see any way in which it could contribute?

cFyrute7 months ago

[flagged]

MangoToupe7 months ago

I imagine they were referring to the behavior of cis men

Secondly, it's not clear which group you're bigoted over—trans folks or drag queens

+1
cFyrute7 months ago
eric-p77 months ago

I immediately scrolled to the bottom of the HN comments so I could find a comment like this to upvote.

SomeOne1231507 months ago

"Some people who mourn Alan Turing would continue to kill him if he came back, some Christians would continue to crucify Christ if he came back."

MangoToupe7 months ago

[flagged]

howaboutno23127 months ago

[dead]

geuis7 months ago

I can't take a post seriously when it uses AI images. How do I know the rest of the content isn't AI slop?

devwastaken7 months ago

exactly as predicted. you all didnt want online ids back when we could have done it right. now you get the bad version. consequences.

rustcleaner7 months ago

The government is just another religion, another church. Sometimes they are right, but usually they are just dangerous like any other group of religious bigots.

chillingeffect7 months ago

So now we can out up porn and harvest IDs? Love it.

caim7 months ago

I really didn't expect that from the land of freedom. /s

onetokeoverthe7 months ago

[dead]

ringeryless7 months ago

[dead]

scoofy7 months ago

[flagged]

Fraterkes7 months ago

Is "this was restricted for centuries" a moral rule of thumb you use consistently? What's your opinion about gay rights, woman's suffrage?

scoofy7 months ago

I’m a liberal. I generally agree with the principle, not the premise.

My point again is that these “rights” you’re talking about are built on our social contract. There is no premise that “porn is free speech,” in fact, quite the opposite, again, for centuries.

The existence of porn on the internet was the result of legislation, not right. That legislation is changing, we need to organize to make sure it remains legal.

Fraterkes7 months ago

I don’t think you’ve argued your point very clearly: the examples I listed have also only been part of our social contract for a very short time (and are routinely under fire by the same people trying to ban porn). Also: people have distributed some version of porn for centuries (millenia?).

+1
scoofy7 months ago
cFyrute7 months ago

[dead]

VMG7 months ago

[flagged]

ronbenton7 months ago

[flagged]

krapp7 months ago

[flagged]

CamperBob27 months ago

[flagged]

linuxhansl7 months ago

[flagged]

kayodelycaon7 months ago

You’re forgetting the entire history of Europe and the Catholic church.

We don’t even come close to the bullshit that happened in the past.

Not that it makes the present any better.

123yawaworht4567 months ago

[flagged]

hypeatei7 months ago

I'll acknowledge that you mentioned "leftists" here and they do quite a bit of purity testing in their circles, but what laws did they pass to limit speech?

tolerance7 months ago

[flagged]

Hnrobert427 months ago

What is this maimed in the streets business?

tolerance7 months ago

I imagine that it's a consequence, though not intended, worth resigning toward when it comes to one's beliefs.

bigyabai7 months ago

[flagged]

gchamonlive7 months ago

You must be hurting from patting yourself in the back. You should first remember that front page is a matter not only of interest to the community, but timing, luck and moment. It's meaningless that it took a week to be in the front page. It's there now and we are discussing it. And it also doesn't diminish the value of other discussions that is dear to HN readers.

If you feel like antagonizing an entire community, maybe you should consider just leaving it and finding your own group. It'll be hard for us but we'll make it here without you.

munchler7 months ago

I haven’t seen this aspect of the ruling discussed anywhere else either, so I don’t know why you’re picking on HN in particular.

recursivecaveat7 months ago

It received 200+ comments at the time it happened... https://news.ycombinator.com/item?id=44397799

Terr_7 months ago

Exposure != Accumulated comments, especially if you aren't counting distinct authors.

Dig a little deeper, and you'll see that particular submission ("US Supreme Court Upholds Texas Porn ID Law") was visible on the front page for barely five minutes [0] before something abruptly exiled it to to the end of the second page and a slide into obscurity.

In contrast, I randomly picked something from several pages down today that which looks bland with triple-digit comments, and got "A Typology of Candianisms." Turns out that has even more comments (327!) and was visible on the front page for about twenty hours [1].

Quite a difference, isn't it? I'm not against the idea that HN needs to guard its content-mix, but we should not live in denial about it happening.

[0] https://hnrankings.info/44397799/

[1] https://hnrankings.info/44515101/

everdrive7 months ago

It's right on the front page of HN and there's a lively discussion. I'm just not sure your criticism holds up.

bryancoxwell7 months ago

This is on the front page.

bigyabai7 months ago

[flagged]

alwa7 months ago

Where should we turn to be more promptly and fully informed about questions like these?

arp2427 months ago

A week old? That's practically ancient, and certainly no longer applies to the situation today!

viccis7 months ago

It's kind of funny to be whining about this in a frontpage post here, but that aside, this doesn't add anything to discussion. You should probably keep these things to yourself.

getoj7 months ago

What sites/communities keep up with things like this more actively? I’d love to read them too. Drop a link!

jacquesm7 months ago

That's because we're hackers and we're too cool to be bothered with pesky politics. /s

On a more serious note: HN tries hard to stay in its lane, but there are quite a few people on here that are engaging in political activism, but that every now and then make a (sometimes even useful) tech comment to avoid the activism ban hammer.

Personally I don't really see the difference between 'curious conversation' vs 'click bait' and 'rage bait'. Examples abound, but the balance as it is struck right now picks a reasonable median between 400 hour work weeks for the people involved and some kind of manageable work/life balance. It works, but barely and it is still worth reading but I find myself getting more and more cynical reading HN. Oh, and of course we really don't do humor.

And some people here really do care about both privacy and freedom, and some people are not absolutists but rather see that there are reasonable limits to both of these. Another thing to remember is that HN is global, you're going to find a predominantly English speaking audience here but so many people around the world manage to express themselves reasonably well in English that you will find all kinds of cultures represented here, including ones that have entirely different ideas on subjects such as freedom and privacy. And then there are the tech bros who want freedom and privacy for themselves and less of both of those for the rest of us.

useless_eater7 months ago

[flagged]

Fraterkes7 months ago

[flagged]

useless_eater7 months ago

[flagged]

lurk27 months ago

[flagged]

ujkhsjkdhf2347 months ago

Nothing you single out matters here. His background doesn't invalidate his arguments.

narrator7 months ago

Meh they can take the bottom 64bits of your IP address and then put your biometrics in there. Why do you think they made the address space so big in the first place. I've been saying that's what it was for for at least a decade.

2OEH8eoCRo07 months ago

[flagged]

tomhow7 months ago

> TeH iNtErNeT

Don't do this on HN. It's sneering and snark, and thus against the guidelines.

https://news.ycombinator.com/newsguidelines.html

2OEH8eoCRo07 months ago

Maybe but it was part of my point, that the internet gets a pass for a vague variety of reasons.

tomhow7 months ago

We’re just trying for something better here, and this is only a place where people want to participate because of the people who make the effort to make it better.

+1
zahlman7 months ago
blurbleblurble7 months ago

In practice this is going to be utilized to shut down sex education and other content deemed "harmful to children".

zeroonetwothree7 months ago

States have had these laws for a while now. Is there evidence that this has happened?

2OEH8eoCRo07 months ago

[flagged]

JoshTriplett7 months ago

We're there. We're long past there. Start solving.

+1
lurk27 months ago
tiahura7 months ago

A bit off base. He's basically having a meltdown over what's actually a pretty narrow ruling about age verification.

First, he claims the Court "nullified the First Amendment" for sex writing, but that's just not what happened. The Court explicitly said adults still have the right to access this stuff—they just need to show ID first, like buying beer. That's not "nullification."

Second, Ellsberg acts like any sex scene anywhere triggers these laws, but H.B. 1181 only hits commercial websites where over a third of the content is sexually explicit material that's harmful to minors. His personal blog with some raunchy stories? Probably doesn't qualify.

Third, the whole "fifteen years in prison" hysteria ignores that these are civil penalties, not criminal prosecutions for most violations. And interstate prosecution for a California blogger? Extremely unlikely.

Age verification requirements do create real burdens and privacy concerns. But Ellsberg's "the sky is falling" rhetoric makes it impossible to have a serious conversation about the actual trade-offs between protecting kids and preserving adult access to legal content. The Court tried to balance these competing interests—it didn't burn down the First Amendment.

op00to7 months ago

Dismissing this as a “meltdown” ignores the real First Amendment stakes. Requiring ID to access legal adult content isn’t like buying alcohol. It introduces surveillance and self-censorship, especially with vague thresholds like “one-third explicit” or “harmful to minors.” That legal ambiguity alone forces smaller publishers to self-censor to avoid risk. Unlike alcohol, speech is a constitutionally protected right, not a regulated commodity. Buying beer doesn’t create a permanent record of your interests or route through third-party identity brokers.

Whether or not speech is the explicit target, the chilling effect is the outcome and likely the intent. Lawmakers know these rules shrink the space for controversial content online. The burden and fear do the censoring for them. That’s not hysteria it’s how digital speech is throttled.

tiahura7 months ago

The "chilling effect" argument here is pretty weak. You're basically saying that because some small publishers might get confused about legal requirements, the whole system is unconstitutional. That's not how First Amendment analysis works. Courts don't strike down laws just because some people might overreact to them.

If this really created such massive chilling effects, we'd see data showing widespread site shutdowns or self-censorship. (Checks pornhub). Instead, we mostly see compliance.

op00to7 months ago

Chilling effects are settled doctrine, not hand-waving. SCOTUS struck the CDA (Reno v. ACLU, 1997) and COPA (Ashcroft v. ACLU, 2004) precisely because vague “indecent/harmful” standards plus stiff penalties make rational speakers self-censor. Courts don’t wait for carnage. The predictable chill itself is the constitutional flaw.

We already have hard evidence of chill. Pornhub, one of the few players with the budget to fight, has geoblocked Utah, Florida, Tennessee, South Carolina, Montana, and about ten other states. Sixteen in total as of mid-2025 rather than risk strict-liability fines. That’s exit, not “compliance.” Smaller publishers just disappear quietly. Their absence isn’t a data gap, it’s the effect you’re denying.

You flipped the First Amendment burden. For content-based rules, the state must prove narrow tailoring and minimal speech impact under strict scrutiny. Demanding that speakers first produce a body count of shuttered sites inverts that standard and dodges the real constitutional test.

That’s why your “show me shutdowns” line doesn’t work: the shutdowns are already happening, and the law not the speakers has the burden to justify them.

tiahura7 months ago

Intermediate not strict scrutiny

blurbleblurble7 months ago

This isn't only about H.B. 1181 specifically, it's about precedent for any law like it having teeth across state lines.

zeroonetwothree7 months ago

The ruling was not about anyone being prosecuted over state lines. So there was no precedent set.

EasyMark7 months ago

It's a foot in the door law. First they just "ask for ID", then they "save it permanently for warrants", then they "must upload all ID to Texas' ID servers and a list of all pornography viewed" to protect the children from known deviants. These sorts do not stop at "ID verification", they want to morally control every aspect of your life down to your bedroom activities.