A.B. 1043’s Internet Age Gates Hurt Everyone

6 hours 19 minutes ago

EFF has long warned against age-gating the internet. Such mandates strike at the foundation of the free and open internet. They create unnecessary and unconstitutional barriers for adults and young people to access information and express themselves online. They hurt small and open-source developers. And none of the available age verification options are perfect in terms of protecting private information, providing access to everyone, and safely handling sensitive data. 

Last year, EFF raised concerns about A.B. 1043 as one of several bills in the California legislature that took the wrong approach to protecting young people online—by focusing on censorship rather than privacy. Now that A.B. 1043 is set to go into effect in 2027, we've received a lot of questions about its possible effects. 

A.B. 1043’s Censorship Trap

Even proposals that may not explicitly mandate age verification, such as A.B. 1043, can still create many of the same censorship problems. A.B. 1043 requires all operating systems and app stores to create age bracketing systems that will segment their users based on their ages. Users are then required to provide operating systems and apps their birth date or age so that they can be placed in their respective age bracket. A.B. 1043 also requires application and software developers to collect this age bracket information when a user want to use that software or application.

A.B. 1043 treats the age-bracket signal sent by a user as giving the application or service actual knowledge of users’ ages. Knowledge that the user is a minor could provide the basis for liability under other laws, such as California Age-Appropriate Design Code.

The result is a recipe for censorship. Applications and software developers for operating systems may interpret A.B. 1043 and its potential enforcement by the California Attorney General as requiring them to exclude users who say they are minors or who don’t fit in a specific age bracket they believe is acceptable to use their application or software. But minors have a First Amendment right to access the vast majority of these apps and services. What California has done is essentially outsource censorship to developers, who are likely to lean into over-censorship.

Broad Language Undercuts Policy Goals

A.B. 1043’s one-size-fits-all approach is also problematic because it disregards the many ways in which we make and use digital tools. It assumes the internet and digital devices begin and end with the dominant technology companies and device makers, when we know that’s not the case. Additionally, many families share devices, especially in low-income households. These proposals do not account for situations where there is more than one user of a device.

Additionally, broad proposals that demand the implementation of such censorship tools under the guise of protecting young people's safety force developers to reach for imperfect solutions—or risk being found non-compliant and pushed out of markets. Many of these mandates imagine technology that does not currently exist. Such poorly thought-out mandates, in truth, cannot achieve the purported goal of age verification. Often, they are easy to circumvent and many also expose consumers to real data breach risk.

Squeezing Small and Open-Source Developers Hurts Everyone

A.B. 1043’s burdens fall particularly heavily on developers who aren’t at large, well-resourced companies, such as those developing open-source software. Not recognizing the diversity of software development when thinking about liability in these proposals effectively limits software choices—which is especially harmful at a time when computational power is being rapidly concentrated in the hands of the few. This harms users' and developers' right to free expression, their digital liberties, privacy, and ability to create and use open platforms. It also, perversely, entrenches the dominance of major operating system developers and device makers.

A.B. 1043 and similar proposals also raise considerable implementation issues because they cast a potentially wide net. A.B. 1043, for example, carves out “broadband internet access service," "telecommunications service,” and the “use of a physical product,” whereas “mobile devices” and “computers” are covered. However, so many devices could fall into these categories; people consider smart watches to be computers, for example. Virtually every digital device that runs software built in the past three decades could fall into that category. This means that consumers may have to submit age information to more companies than ever, again increasing the possibility of data misuse and data breach.

There Is Still A Better Way

Legislators do not need to sacrifice their constituents' First Amendment rights and privacy to make a safer internet, but they can address many of the harms these proposals seek to mitigate. Many lawmakers have recognized these approaches, such as data minimization, in their proposals. Rather than creating age gates, a well-crafted privacy law that empowers all of us—young people and adults alike—to control how our data is collected and used would be a crucial step in the right direction.

Hayley Tsukayama

Rep. Finke Was Right: Age-Gating Isn’t About Kids, It’s About Control

6 hours 45 minutes ago

When Rep. Leigh Finke spoke last month before the Minnesota House Commerce Finance and Policy Committee to testify against HF1434, a broad-sweeping proposal to age-gate the internet, she began with something disarming: agreement.

“I want to support the basic part of this,” she said, the shared goal of protecting young people online. Because that is not controversial: everyone wants kids to be safe. But HF1434, Minnesota’s proposed age-verification bill, simply won’t “protect children.” It mandates that websites hosting speech that is protected by the First Amendment for both adults and young people to verify users’ identities, often through government IDs or biometric data. As we’ve discussed before, the bill’s definition of speech that lawmakers deem “harmful to minors” is notoriously broad—broad enough to sweep in lawful, non-pornographic speech about sexual orientation, sexual health, and gender identity.

Rep. Finke, an openly transgender lawmaker, next raised a point that her critics have since tried to distort: age-verification laws like the Minnesota bill are already being used to block young LGBTQ+ people from exercising their First Amendment rights to access information that may be educational, affirming, or life-saving. Referencing the Supreme Court case Free Speech Coalition v. Paxton, she noted that state attorneys general have been “almost jubilant” about the ability to use these laws to restrict queer youth from accessing content. “We know that ‘prurient interest’ could be for many people, the very existence of transgender kids,” she added, referring to the malleable legal standard that would govern what content must be age-gated under the law. 

But despite years’ worth of evidence to back her up, Finke has faced a wave of attacks from countless media outlets and religious advocacy groups for her statements. Rep. Finke’s testimony was repeatedly mischaracterized as not having young people’s best interests in mind, when really she was accurately describing the lived reality of LGBTQ+ youth and advocating in support of their access to vital resources and community.

In fact, this backlash proves her point. Beyond attempting to silence queer voices and to scare other legislators from speaking up against these laws, it reveals how age-verification mandates are part of a larger effort to give the government much greater control of what young people are allowed to say, read, or see online. 

Rep. Finke was also right that these proposals are bad policy—they prevent all young people from finding community online—and that they violate young people’s First Amendment rights.

Why FSC v. Paxton Matters

Rep. Finke was similarly right to bring up the Paxton case, because beyond the troubling Supreme Court precedent it produced, Texas’s age-verification law also drew eager support from an extraordinary number of amicus briefs from anti-LGBTQ organizations (some even designated hate groups by the Southern Poverty Law Center). 

In FSC v. Paxton, the Supreme Court gave Texas the green light to require age verification for sites where at least one-third of the content is sexual material deemed “harmful to minors,” which generally means explicit sexual content. This ruling, based on how young people do not have a First Amendment right to access explicit sexual content, allows states to enact onerous age-verification rules that will block adults from accessing lawful speech, curtail their ability to be anonymous, and jeopardize their data security and privacy. These are real and immense burdens on adults, and the Court was wrong to ignore them in upholding Texas’ law. 

But laws enacted by other states and Minnesota HF 1434 go further than the Texas statute. Rather than restricting minors’ from accessing sexual content, these proposals expand what the state deems “harmful to minors” to include any speech that may reference sex, sexuality, gender, and reproductive health. But young people have a First Amendment right to both speak on those topics and to access information online about them.

We will continue to fight against all online age restrictions, but bills like Minnesota’s HF 1434, which seek to restrict minors from accessing speech about their bodies, sexuality, and other truthful information, are especially pernicious.

EFF and Rep. Finke are on the same page here: age verification mandates create immense harm to our First Amendment rights, our right to privacy, as well as our online safety and security. These proposals also fully ignore the reality that LGBTQ young people often rely on the internet for information they cannot get elsewhere. 

But the Paxton case, and the coalition behind it, illustrates exactly how these laws can be weaponized. They weren’t there just to stand up for young people’s privacy online—they were there to argue that the state has a compelling interest in shielding minors from material that, in practice, often includes LGBTQ content. Ultimately, these groups would like to age-gate not just porn sites, but also any content that might discuss sex, sexuality, gender, reproductive health, abortion, and more.

Using Children as Props to Enact Censorship 

The coalition of organizations that filed amicus briefs in support of Texas’s age verification law tells us everything we need to know about the true intentions behind legislating access to information online: censorship, surveillance, and control. After all, if the race to age-gate the internet was purely about child safety, we would expect its strongest supporters to be child-development experts or privacy advocates. Instead, the loudest advocates are organizations dedicated to policing sexuality, attacking LGBTQ+ folks and reproductive rights, and censoring anything that doesn’t fit within their worldview.

Below are some of the harmful platforms that the organizations supporting the age-gating movement are advancing, and how their arguments echo in the attacks on Rep. Finke today:

Policing sexuality, bodily autonomy, and reproductive rights

Many of the organizations backing age-verification laws have spent decades trying to restrict access to accurate sexual health information and reproductive care.

Groups like Exodus Cry, for example, who filed a brief in support of the Texas AG in the SCOTUS case, frame pornography as part of a broader moral crisis. Founded by a “Christian dominionist” activist, Exodus Cry advocates for the criminalization of porn and sex work, and promotes a worldview that defines “sexual immorality” as any sexual activity outside marriage between one man and one woman. Its leadership describes the internet as a battleground in a “pornified world” that has to be reclaimed. 

Another brief in support of the age-verification law was filed by a group of organizations including the Public Advocate of the United States (an SPLC-designated hate group) and America’s Future. America’s Future is an organization that was formed to “revitalize the role of faith in our society” and fiercely advocates in favor of trans sports bans

These groups see age-verification laws as attractive solutions because they create a legal mechanism to wall off large swaths of content that merely mentions sex from not only young people but millions of adults, too.

Attacking LGBTQ+ Rights

Several of the most prominent legal advocates behind age-verification laws have also led the crusade against LGBTQ+ equality. The internet that these groups envision is one that heavily censors critical and even life-saving LGBTQ+ resources, community, and information. 

The Alliance Defending Freedom (ADF), for instance (which is another SPLC-designated hate group), built its reputation on litigation aimed at rolling back LGBTQ+ protections—including  allowing businesses to refuse service to same-sex couples, criminalizing same-sex relationships abroad, and restricting transgender rights

The internet that these groups envision is one that heavily censors critical and even life-saving LGBTQ+ resources, community, and information. 

Then there’s other groups like Them Before Us and Women’s Liberation Front, both of which submitted amici in support of the Texas Attorney General and are devoted to upending LGBTQ+ rights in the United States. Them Before Us says it’s “committed to putting the rights and well-being of children ahead of the desires and agendas of adults.” But it’s also running a campaign to “End Obergefell,” the 2015 Supreme Court case that upheld the right to same-sex marriage, and has been on the cutting edge of transphobic campaigning and pseudoscientific fearmongering about IVF and surrogacy. The Women’s Liberation Front, on the other hand, is an organization that has a long track record of supporting transphobic policies such as bathroom bills, bans on gender-affirming healthcare, and efforts to define “sex” strictly as the biological sex assigned at birth. 

Through cases like FSC v. Paxton, groups like these three continue to advance a vision of society that creates government mandates to enforce their worldviews over personal freedom, while hiding behind a shroud of concern for children’s safety. But when they also describe LGBTQ+ people as “evil” threats to children and run countless campaigns against their human rights, they are being clear about their intentions. This is why we continue to say: the impact of age verification measures goes beyond porn sites.

Expanding censorship beyond the internet into real-life public spaces

As we’ve said for years now, the push to age-gate the internet is part of a broader campaign to control what information people can access in public life both on- and offline. Many of the same organizations advancing these proposals claim to be acting on behalf of young people, but their arguments consistently use children as props to justify giving the government more control over speech and information.

Many of the organizations advocating for online age verification have also supported book bans, attacks on DEI policies and education, and efforts to remove LGBTQ+ materials from schools and libraries. Two of the organizations who supported the Texas Attorney General, Citizens Defending Freedom and Manhattan Institute, have led campaigns around the country to “abolish DEI” and ban classical books like “The Bluest Eye” by Toni Morrison from school libraries. These efforts are not different from the efforts to restrict access to the internet—they reflect a broader strategy to restrict access to ideas or information that these groups find objectionable. And they discourage free thought, inquiry, and the ability for people to decide how to live their lives. 

These campaigns rely on the same core argument: that certain ideas are inherently dangerous to young people and must therefore be restricted. But that framing misrepresents an important reality: if lawmakers genuinely want to address harms that young people experience online, they should start by listening to young people themselves. When EFF spoke directly with young people about their online experiences, they overwhelmingly rejected restrictions on their access to the internet and came back with nuanced and diverse perspectives. Once that principle—that certain ideas are inherently dangerous—is accepted, the internet, once a symbol of free expression, connection, creativity, and innovation, becomes the next logical target. 

Once that principle—that certain ideas are inherently dangerous—is accepted, the internet, once a symbol of free expression, connection, creativity, and innovation, becomes the next logical target. 

This also wouldn’t be the first time a vulnerable group is used as a prop to advance internet censorship laws. We’ve seen this playbook during the debate over FOSTA/SESTA, where many of the same advocates claimed to speak for trafficking victims/survivors and sex workers, while pushing legislation that ultimately censored online speech and harmed the very communities it invoked. It’s a familiar pattern: invoke a vulnerable group, frame certain speech as a threat, and use that as a way to expand government control over the flow of information. And as we said in the fight against FOSTA: if lawmakers are serious about addressing harms to particular communities, they should start by talking to those communities. This means that lawmakers seeking to address online harms to young people should be talking to young people, not groups who claim their interests. 

Rep. Finke Was Not Radical. She Was Right.

The Paxton case, and the coalition backing age verification laws in the U.S., shows us exactly why the messaging around these laws draws superficial support from parents and lawmakers. But we’ve heard the quiet part said out loud before. Marsha Blackburn, a sponsor of the federal Kids Online Safety Act, has said that her goal with the legislation was to address what she called “the transgender” in society. When lawmakers and advocacy groups frame queer existence itself as a threat to young people, age-verification laws become ideological enforcement instead of regulatory policy.

When lawmakers and advocacy groups frame queer existence itself as a threat to young people, age-verification laws become ideological enforcement instead of regulatory policy.

In defending free speech, privacy, and the right of young people to access truthful information about themselves, Rep. Leigh Finke was not radical—she was right. She was warning that broad, ideologically driven laws will be used to erase, silence, and isolate young people under the banner of child protection. 

What’s at stake in the fight against age verification is not just a single bill in a single state, or even multiple states, for that matter. It’s about whether “protecting children” becomes a legal pretext for embedding government control over the internet to enforce specific moral and religious judgments—judgments that deny marginalized people access to speech, community, history, and truth—into law. 

And more people in public office need the courage of Rep. Finke to call this out.

Rindala Alajaji

【焦点】ベネズエラ政情は安定 反米を維持し経済復興へ PSUV集団指導体制ゆるがず 中南米研究家の新藤通弘氏オンライン講演=橋詰雅博

9 hours 18 minutes ago
  「ロドリゲス大統領代行は、ボリバル革命(1999年、チャベス大統領が実行した反米・反新自由主義路線)維持を確保しながら米国など民間投資を促進し石油産業中心に経済発展を目指している」「軍、警察、市民が協力強化し政権を支えており、内紛やクーデターは起こり得ない」――ラテンアメリカ研究者の新藤通弘氏=写真=は、1月25日JCJオンライン講演で米軍が攻撃し、マドゥロ大統領夫妻を米国に連れ去り体制を揺るがした南米ベネズエラの現状をこう見立てた。独裁国家ではない トランプ米政権は、ベ..
JCJ

Five essential reads on gender and tech this March

11 hours 49 minutes ago
From the new challenges and regulatory gaps posed by AI to the need to understand the realities in which technology-facilitated gender-based violence (TFGBV), gendered disinformation and other forms…
APCNews

Certbot and Let's Encrypt Now Support IP Address Certificates

1 day 3 hours ago

(Note: This post is also cross-posted on the Let's Encrypt blog)

As announced earlier this year, Let's Encrypt now issues IP address and six-day certificates to the general public. The Certbot team here at the Electronic Frontier Foundation has been working on two improvements to support these features: the --preferred-profile flag released last year in Certbot 4.0, and the --ip-address flag, new in Certbot 5.3. With these improvements together, you can now use Certbot to get those IP address certificates!

If you want to try getting an IP address certificate using Certbot, install version 5.4 or higher (for webroot support with IP addresses), and run this command:

sudo certbot certonly --staging \
--preferred-profile shortlived \
--webroot \
--webroot-path <filesystem path to webserver root> \
--ip-address <your ip address>

Two things of note:

  • This will request a non-trusted certificate from the Let's Encrypt staging server. Once you've got things working the way you want, run without the --staging flag to get a publicly trusted certificate.
  • This requests a certificate with Let's Encrypt's "shortlived" profile, which will be good for 6 days. This is a Let's Encrypt requirement for IP address certificates.

As of right now, Certbot only supports getting IP address certificates, not yet installing them in your web server. There's work to come on that front. In the meantime, edit your webserver configuration to load the newly issued certificate from /etc/letsencrypt/live/<ip address>/fullchain.pem and /etc/letsencrypt/live/<ip address>/privkey.pem.

The command line above uses Certbot's "webroot" mode, which places a challenge response file in a location where your already-running webserver can serve it. This is nice since you don't have to temporarily take down your server.

There are two other plugins that support IP address certificates today: --manual and --standalone. The manual plugin is like webroot, except Certbot pauses while you place the challenge response file manually (or runs a user-provided hook to place the file). The standalone plugin runs a simple web server that serves a challenge response. It has the advantage of being very easy to configure, but has the disadvantage that any running webserver on port 80 has to be temporarily taken down so Certbot can listen on that port. The nginx and apache plugins don't yet support IP addresses.

You should also be sure that Certbot is set up for automatic renewal. Most installation methods for Certbot set up automatic renewal for you. However, since the webserver-specific installers don't yet support IP address certificates, you'll have to set a --deploy-hook that tells your webserver to load the most up-to-date certificates from disk. You can provide this --deploy-hook through the certbot reconfigure command using the rest of the flags above.

We hope you enjoy using IP address certificates with Let's Encrypt and Certbot, and as always if you get stuck you can ask for help in the Let's Encrypt Community Forum.

Jacob Hoffman-Andrews

[B] クーデターから5年 ミャンマー民主派団体が集会を開催

1 day 6 hours ago
ミャンマーで軍事クーデターが発生してから5年が経過した。ミャンマー国軍は昨年末から年明けにかけ、民主派政党を排除したうえで総選挙を実施。その結果、軍系政党が圧勝した。ミャンマーでは今年4月にも新たな軍事政権が発足し、ミンアウンフライン国軍総司令官が大統領に就任する見込みだ。(藤ヶ谷魁)
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