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Approaches to the Complex Issue of Age Verification

Mary Ann Miller
October 25, 2024

With a rash of new policies and laws that attempt to implement age restrictions for various websites and online services, and with debates raging over protection vs. free speech, we have to keep in mind the most important issue: protecting people online while preserving their access to vital digital spaces.

Much of the activity around this issue is driven by alarming findings about the mental health risks of unbridled social media usage for teens. Jonathan Haidt, an American social psychologist, recently published, The Anxious Generation, which documents the myriad negative consequences of digital life for young people. He shows a world that is hostile to young people and that is responsible for increased anxiety and depression rates, social isolation, addiction, and an environment that is primed for cyberbullying and online harassment. 

As of this writing, 18 states have enacted or passed laws that seek to remedy this situation through age verification measures as a way to limit access by young people to social media, gambling, and pornographic websites and services. At issue is a conundrum typically faced with complex issues like this: the question of what we CAN do, while balancing what we SHOULD do.

The Goals of Digital Age Verification

Ascertaining a user’s age used to involve simple self-declaration or rudimentary checks, but technologies like facial recognition and rigorous identity verification offer a more accurate form of determination. While technology can provide better analysis and convenient solutions, underneath these efforts lie concerns about privacy and accuracy, sparking debates about the responsible use of such powerful tools. 

The push for government-issued credentials adds another layer of security, yet the trade-off involves sharing sensitive information, leaving many hesitant. The current landscape resembles a patchwork quilt, with regulations varying across states and a federal framework yet to emerge, further fueling the controversy.

At the heart of this debate is a fundamental tension: how to strike the right balance between protecting minors and respecting individual privacy. The stakes are high. Effective age verification is essential to prevent minors from accessing harmful content and services, ensuring compliance with evolving regulations, and demonstrating a commitment to ethical business practices. But the way forward has plenty of messy issues and challenges. Privacy advocates worry about the potential misuse of personal data, while accuracy issues and user experience concerns add further complexities.

Digital age verification is intended to operate as a guardian. Most efforts to implement it originated with the goal of shielding children from harmful content and safeguarding their well-being. By implementing age checks, the idea has been that platforms could create a safer space, preventing minors from stumbling upon age-restricted material and harmful online behavior that could negatively impact their emotional and mental development.

Legal Implications of Age Verification

The law also plays a role in age verification. Consider that age verification doesn't just protect young people; it also protects businesses. If a company makes sure its users are old enough for what they're offering, they're less likely to get sued for inappropriate conduct. This is especially important in areas like online gambling or adult content, where age limits are essential in order to prevent harm.

There is a counter argument, and it’s one that is deeply rooted in the fabric of our society. While the importance of protecting minors from harmful online content is undeniable, the implementation of age verification systems raises valid concerns about its potential impact on free speech.

The First Amendment of the United States Constitution addresses citizen’s rights to freedom of speech, and some argue that strict age verification measures could inadvertently limit access to information and ideas, even for adults. By requiring users to verify their age, certain websites or platforms may inadvertently create barriers that hinder open dialogue and the free exchange of information. These issues also create legal ramifications, with advocates of free speech seeking to make access easy and friction-free for all individuals.

There are also concerns regarding the potential for age verification to be used as a tool for censorship or surveillance. If governments or private entities have access to user age data, there is concern that it could lead to targeted restrictions on content or even the tracking of individual online activities.

How Online Age Verification Works: Advantages and Challenges

Today's most common methods for verifying age online require users to hand over sensitive data like facial scans, ID cards, or banking information to third-party companies. This data then gets tied to their browsing history, creating a record of their pornography consumption. Digital rights groups, like the Electronic Frontier Foundation, warn that this practice creates a prime target for hackers and leaves individuals vulnerable to theft and extortion.

Let’s look at the various digital age verification methods – and their various challenges – in more detail:

HTML Table Generator
Verification Approach Methods Challenges
Self-Declaration Age Gate: The most basic method, this involves asking users to input their date of birth or confirm they are above a certain age. Relies on honesty and is prone to manipulation.

Checkbox Confirmation: Presents users with a simple checkbox to confirm they meet the age requirement. Again, relies on trust and is easily bypassed.
 
 Inaccuracy: Relies solely on user honesty, making it highly susceptible to manipulation, especially by minors seeking access to restricted content.

Lack of Verification: Provides no actual proof of age, rendering it ineffective in high-stakes situations where legal compliance is crucial.
Document Verification  ID Card/Passport Upload: Users upload a photo or scan of their government-issued ID, which is then manually or automatically checked for authenticity and age information.

Database Comparison: The extracted information from the ID is compared against official databases to verify its validity.

Liveness Detection: Additional checks like facial recognition or prompting users to perform specific actions on camera ensure the person presenting the ID is real and present.
Privacy Concerns: Requires users to share sensitive personal information and documents, raising concerns about data security and potential misuse.

Accessibility Issues: May exclude individuals without government-issued IDs or those with limited access to technology for uploading documents.

Forgery and Fraud: Risk of users submitting fake or altered documents, necessitating robust authentication mechanisms.
 
  Third-Party Verification Services  Age Verification Platforms: Specialized services use various methods like ID verification, knowledge-based authentication, or even credit card checks to confirm age.

Social Media Verification: Some platforms leverage social media profiles to estimate age based on user data and activity.

Biometric Verification: Uses facial recognition technology to estimate age based on facial features. Raises privacy concerns and accuracy issues, especially for younger individuals.
 Cost: Can be expensive for businesses, especially smaller platforms with limited resources.

Data Sharing: Relies on sharing user information with external entities, raising privacy concerns and potential liability in case of data breaches.

Accuracy: The effectiveness of third-party verification methods varies, with some still susceptible to manipulation or inaccuracy.
Payment-Based Verification  Credit Card Verification: Asks users to enter credit card details, assuming only adults possess them. Less reliable due to the availability of prepaid or parent-linked cards for minors.

Micro-Payments: Requires a small payment (often refunded) to verify the user has a valid payment method, again assuming adult ownership.
 Exclusion of Minors with Access to Payment Methods: Prepaid cards or parent-linked accounts can enable minors to bypass restrictions.

Financial Barriers: May exclude individuals without access to credit cards or online payment systems.

Security Risks: Requiring sensitive financial information on potentially unsecured platforms poses a security risk.
 Other Age Verification Approaches  Knowledge-Based Authentication (KBA): Asks users a series of questions based on personal information that only someone of a certain age would likely know.

Device-Based Verification: Attempts to estimate age based on device type, browsing history, or other digital footprints. Limited in accuracy and raises privacy concerns.

User Behavior Analysis: Analyzes user interactions and patterns on the platform to try and identify underage users. Still in development and faces ethical challenges.
 User Experience: Strict age verification measures can create friction and negatively impact the user experience, potentially driving users away.

Balancing Privacy and Protection: Finding the right balance between protecting minors and respecting user privacy remains a significant challenge.

Evolving Technologies and Regulations:
Keeping up with advancements in technology and constantly changing legal requirements necessitates ongoing adaptation and investment.

Creating a truly safe online space for young people will require a multifaceted digital identity approach. While approaches and methods continue to be debated, Prove is committed to working with the various stakeholders to ensure that the appropriate needs are met to ensure safe digital environments for everyone.

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