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zippy2006

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BCP1928

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What do you claim the intended purpose of the law is?
To make internet porn inaccessible to minors.
How do we "do it right," in your opinion?
Treat the whole issue of a young' persons emerging sexuality in a comprehensive way. Just making only some porn inaccessible and leaving the child otherwise in ignorance about sex. is not going to solve the problem .
 
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public hermit

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If a company does not build the proper security protocols around sensitive data such as credit cards or government ID, they are already in violation of the law.

Isn't that part of the issue here, minors accessing pornography is already in violation of the law? The added verification, although intended to protect children, is more than just incidentally restrictive, as Thomas puts it. It's a direct regulation of speech for adults.
 
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BCP1928

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While, if you'll notice by my previous posts in this thread, you and I are probably on the same side for a change with regards to this court ruling...

I don't think what you're describing here is an honest assessment of the situation.

Pretending that it's just "curiosity about sex that would be satisfied by sex ed" is a non-starter.
I was thinking of younger kids. They hardly know what arousal is.
I went to a school district that had comprehensive sex ed, so I knew all about the birds & the bees by late elementary school.
Which many children do not.
When me and my buddies would find ways to get our hands on various magazines or VHS tapes back in the day, it certainly wasn't for scientific or intellectual curiosity lol.


We wanted to look at those for the same reason a 30 year old guy (who's fully educated on sex) wants to look at them. There's naked women in them and it's a visual aid for a "certain activity"



The reality is, there are certain impulses that don't neatly bisect at the age limit we've set for "adulthood". We've set certain age limits on certain things because society realized that while the impulses may be the same, it's better to control access to "easy satisfaction of those impulses" due to other age-dependent factors. And we tried our best to set the age at something that would apply to the largest segment of the population. (are there certain instances where you can find a certain 16 or 17 year old that is more psychologically or emotionally mature than a certain 19 year old? Sure... but that's the exception and not the norm)

For example: Did the 21 year old me like seeing naked women any less than the 14 year old me or devote any less effort to that goal? Nope.

However, did the 21 year old me have a better grasp on whether or not some of those expectations (based on the content) were realistic? Yes.
That's the point. do you want to have your kid learn about sex in a way that helps him develop reasonable expectations? Or do you want him to learn by watching a video about two girls and a donkey? At least if the first kid watches the donkey movie too he'll have some basis for realizing that it's silly.
 
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RocksInMyHead

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Why don't you try to give an argument against the claim? Try to write out a real reason why you think it is false. Until you do that I'm just going to ignore the empty posts you keep writing.
As you have declined to articulate your claim any further than simply stating it, there's nothing to argue against.

I'll remind you, the burden of proof in an argument falls on the person making the claim - namely you. That's why you were asked if you thought grocery stores were risky places - a question, I'll note, you have yet to answer.
 
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RocksInMyHead

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Look, your doomsday scenario where people send their sensitive data to irresponsible actors is completely implausible.
This would seem to be at odds with your prior claim about selling material prohibited to minors being correlated with untrustworthiness and risk.
If a company does not build the proper security protocols around sensitive data such as credit cards or government ID, they are already in violation of the law. Irresponsible actors are not going to take that risk. Your whole idea here is crazy. There is no significant risk of a company simply mishandling sensitive information. We have already solved that problem, and there are already established legal consequences for companies that do such a thing.
Given the data breach notices I receive on what feels like a weekly basis from reputable, responsible companies who follow all of the required security protocols, I see no reason to trust that anyone is capable of actually keeping my data secure.
 
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zippy2006

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Isn't that part of the issue here, minors accessing pornography is already in violation of the law? The added verification, although intended to protect children, is more than just incidentally restrictive, as Thomas puts it. It's a direct regulation of speech for adults.
An unenforced law is really not a law at all.

Here is a central argument from Thomas that no one has addressed:
  • If online age verification is unconstitutional, then in-person age verification is unconstitutional
  • In-person age verification is not unconstitutional
  • Therefore, online age verification is not unconstitutional
Someone like @ThatRobGuy is going to say, "Ah but in-person age verification is much easier." But that's not an answer. The constitutionality of a practice does not turn on how easy it is. If adults have a constitutional right to access adult content without verifying their age, then they have that right at in-person stores.
 
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zippy2006

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To make internet porn inaccessible to minors.
Okay, I agree. Or at least to contribute to that problem.

Treat the whole issue of a young' persons emerging sexuality in a comprehensive way. Just making only some porn inaccessible and leaving the child otherwise in ignorance about sex. is not going to solve the problem .
The law does not say that we must "leave the child otherwise in ignorance about sex." Why would you attach that idea to the law?
 
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zippy2006

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Given the data breach notices I receive on what feels like a weekly basis from reputable, responsible companies who follow all of the required security protocols, I see no reason to trust that anyone is capable of actually keeping my data secure.
...Therefore we must let companies serve hardcore pornography without any age verification? How does that follow?

I'm still waiting for you to produce an argument. You've posted a number of times in this thread. You haven't managed a single argument. Your whole game has been vague (and fallacious) insinuation.
 
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zippy2006

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It's a lovely day, isn't it?
What's interesting about those who oppose the ruling is that they seem unable or unwilling to consider the bigger picture. The logical conclusion of their view is that we should never require online age verification, for any reason. For many it is even the idea that we should not direct legislation at internet companies, full stop. You can take the arguments they are using and support these ideas quite easily. The first one actually seems inevitable if we accept the arguments in play.
 
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2PhiloVoid

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What's interesting about those who oppose the ruling is that they seem unable or unwilling to consider the bigger picture. The logical conclusion of their view is that we should never require online age verification, for any reason. For many it is even the idea that we should not direct legislation at internet companies, full stop. You can take the arguments they are using and support these ideas quite easily. The first one actually seems inevitable if we accept the arguments in play.

I agree.
 
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durangodawood

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.....The constitutionality of a practice does not turn on how easy it is......
Often it does. When the broad language of the constitution is tested in court, we often find its implementation hinges on tests like "reasonableness".
 
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zippy2006

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Often it does. When the broad language of the constitution is tested in court, we often find its implementation hinges on tests like "reasonableness".
I think @ThatRobGuy is recycling many of his own arguments from the thread, "Australia Bans Under 16's from Social Media." That case was different insofar as there were no reliable age-verification methods in place, and the court didn't care.

But my point is that it is not logically valid to say, for example in the Australian case, "There are currently no acceptable methods of age-verification for 16 year-olds, therefore the law is unconstitutional." A law could be feasible in 2028 which was not feasible in 2018, and the contingent state of technology does not bear on free speech rights directly. It could bear on free speech rights indirectly, via something like invasion of privacy. But in that case you are not striking down the law on free speech grounds. Instead you would be striking it down on privacy grounds, given the current state of technology. The argument in that case is bound up with both free speech and privacy, where the privacy concern is contingent on current technology.

But again, when it comes to the Texas law we already have reliable ways to verify an online user's age. It is different from the Australian law in that way. (I.e. figuring out whether someone is 18 is much easier than figuring out whether they are 16.)
 
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RocksInMyHead

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...Therefore we must let companies serve hardcore pornography without any age verification? How does that follow?
If you don't have a way to verify a person's age securely, then yes - the potential harm caused by exposing identification data to hackers is greater than the harm prevented by possibly preventing minors from accessing a small subset of pornographic websites.
I'm still waiting for you to produce an argument. You've posted a number of times in this thread. You haven't managed a single argument. Your whole game has been vague (and fallacious) insinuation.
My "game" has mostly been trying to get you to answer the question posed to you on the first page, about whether you think grocery stores and department stores are risky and untrustworthy. I feel like I've been pretty clear about that.
 
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zippy2006

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If you don't have a way to verify a person's age securely, then yes - the potential harm caused by exposing identification data to hackers is greater than the harm prevented by possibly preventing minors from accessing a small subset of pornographic websites.
So if I want to host things that are illegal for minors to view on my website, all I have to do is make the website shady and I'm good? As long as the website is seen to be technologically "insecure," then apparently on your reasoning we can never enforce age-restrictions on that website. Hmm.

My "game" has mostly been trying to get you to answer the question posed to you on the first page, about whether you think grocery stores and department stores are risky and untrustworthy.
I think grocery stores that sell guns (to use the objector's example) are more untrustworthy and risky than grocery stores that do not sell guns, yep. That's what it means to say that there is a correlation.

What this all means is that, on your reasoning, the shadiest and most problematic websites are precisely the ones that can never be addressed by legislation. So we could promulgate a law which requires banking websites which distribute pornography to verify the age of the user, since they are secure. But we just can't require shady websites to verify the age of the user, since they are insecure. So if the pornography site is shady then it gets a pass (and nevermind the giant correlation between shadiness and pornography!). Brilliant stuff here.
 
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durangodawood

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....These are questions that should've been asked in the 1990's, not in 2025.....
Humans are generally reactive about problems. And who can blame them? Its sometimes hard to predict what the problem will be. And people are wary of expending effort without certainty of a return in value.

Perhaps this is one of those times when we simply need to accept the pain and hassle of applying the solution late in the game and see what emerges?
 
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RocksInMyHead

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So if I want to host things that are illegal for minors to view on my website, all I have to do is make the website shady and I'm good? As long as the website is seen to be technologically "insecure," then apparently on your reasoning we can never enforce age-restrictions on that website. Hmm.
Clearly you didn't read my previous post. A site does not need to be "shady" to suffer security breaches. Rather than focusing on whether a site is perfectly secure, the consideration should be to figure out ways of age verification that do not require the user to have any personally-identifying information stored on a web server.
I think grocery stores that sell guns (to use the objector's example) are more untrustworthy and risky than grocery stores that do not sell guns, yep.
Why? (Also, the original question included beer, wine, and tobacco)
That's what it means to say that there is a correlation.
No, it isn't. Correlation requires data, not just a feeling. If you claim there is a correlation between "untrustworthiness and risk" and selling products prohibited to minors, you must first define "untrustworthiness and risk," then provide statistics showing that the metrics by which you determine them are higher at stores that sell them compared to stores that do not. I point you to my signature :handpointdown:
 
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RileyG

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Seems like a reasonable decision. The question is how would age be reliably verified? If the site can just provide a check box for people to click to verify that they're old enough, it's no big deal.
My thoughts exactly.
 
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RileyG

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In Free Speech Coalition, Inc. v. Paxton the Supreme Court ruled in favor of a Texas law that requires pornography sites to use age-verification in order to prohibit distribution to children (and all minors). The porn companies claimed that this violates the free speech rights of adults by forcing them to verify their age before accessing online pornography. The 6-3 opinion written by Justice Clarence Thomas rules that the law does not violate the free speech rights of adults. His reasoning, in short, is that we require adults to verify their age when they buy alcohol, cigarettes, and pornography at brick and mortar stores, so why can't we require adults to verify their age when they access online pornography? As long as there is a compelling interest to prohibit minors, there is a legitimate reason to require age verification.

This is a wonderful and very important ruling from SCOTUS. It not only protects children from pornography, but it also provides legislators with the ability to protect minors from other forms of dangerous online content. Kudos to Thomas and the five justices with good sense.
Thanks be to God!
 
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