Analysis: The Deepening Political Divide of Adult & AV Industries

WASHINGTON—The Free Speech Coalition (FSC) confirmed to AVN that the London-headquartered Yoti Ltd., an age verification software provider for companies like Fenix International Limited (parent company of OnlyFans), suspended its membership in the adult industry trade group. Reportedly, a representative for Yoti informed the coalition that it saw no value in the membership. The removal of Yoti's corporate logo from the public-facing membership webpage confirmed Yoti's leaving the Free Speech Coalition membership ranks. Yoti's disavowal of FSC is not that surprising. It speaks to a rift between companies in the adult entertainment and age verification spaces. This apparent rift has been most evident between the trade organizations representing the two industries, the FSC and the Age Verification Providers Association (AVPA), and it still seems to be growing. Yoti is a member of the AVPA. The trade group has proven to be standoffish to stakeholders in the adult entertainment industry who need its services to comply with the laws in 19 states that target adult entertainment websites with age verification requirements. AVPA openly endorses these laws, as they create a boon for its member firms. These include companies like Incode, OneID, Fujitsu, HID, FaceTec, VerifyMyAge, Privo, Envoc and others. Note that Envoc is the controversial software company based in Baton Rouge, La., that developed the LA Wallet digital identification app for the state of Louisiana. In January 2023, the country's first age verification law targeting pornography websites went into force in Louisiana. LA Wallet was deployed as a means to verify the age of users navigating to Aylo-owned Pornhub. This required a government ID card. Headed by Iain Corby, a former Tory policy researcher for the U.K. Parliament, the AVPA serves as an advocacy group representing these firms in the same manner as the FSC. AVN has reported on the AVPA's activities before, including having Corby on record stating he hopes for collaboration between his group and FSC. But several recent events suggest otherwise.  AVPA has sided multiple times on the side of far-right religious organizations with outspoken agendas to restrict and outlaw legal porn severely. Groups like the Heritage Foundation, the Family Policy Alliance (FPA) and others linked to Project 2025 have sided with Corby's association. For example, AVPA's Corby testified in support of California's proposed age verification law, Assembly Bill (AB) 3080, alongside lobbyists for the Family Policy Alliance and Concerned Women for America. Both of these groups are involved with Project 2025. The initial variation of AB 3080 was model legislation, adopted by bill sponsor Asm. Juan Alanis, R-Modesto, as authored by former Trump administration officials now in the employ of the Center for Renewing America and the Ethics and Public Policy Center. These two groups are also proponents of the Project 2025 platform, including a proposed ban on porn. As a sidebar, the Christian nationalist Russell Vought, a former Trump White House staffer and director of the Office of Management and Budget, is president of the Center for Renewing America. AVN recently reported that Vought was caught on a hidden camera by undercover journalists featuring him touting the approach of age verification laws as a means to implement a potential ban on pornography. He told the journalists this would be accomplished by "doing it from the back door," i.e. placing liability on companies that own pornography websites. Many of these organizations are also considered hate groups by civil rights activists, centrist think tanks and media watchdogs. Corby also testified alongside the California Family Council (CFC) in support of AB 3080, for example. CFC was recently classified as a hate group by the Southern Poverty Law Center (SPLC), according to The Sacramento Bee. CFC was cited in the SPLC's recent report covering national anti-LGBTQ+ hate and extremism. CFC wears this classification as a badge of honor. It is also worth noting that Corby was quoted in a press release published by CFC criticizing AB 3080 being amended to include changes adopted to the bill pitched by the Free Speech Coalition. The amendments to AB 3080  allowed for the use of meta tags like the "Restricted to Adults" (RTA) label. AVPA pulled its support for AB 3080 after the coalition managed to attach the "RTA" provision to tag NSFW websites with parental controls. Since then, the Free Speech Coalition reported that AB 3080 was "killed" in the California Senate due to funding debates in the annual budget. While there is no indication that Corby and the AV firms politically support these groups, it is clear that aligning their industry with these far-right organizations openly labels the AVPA as having an affinity for groups that support efforts to openly limit, restrict and censor protected speech. "No, we are politically neutral," Corby told AVN in response to some of our questions on the matter. "[We aim] to ensure policymakers fully understand the capabilities of the latest age assurance technology. [...] The AVPA does not comment on political issues of this nature." Corby added that the Age Verification Providers Association remains "neutral." This is an extremely hard sell for some people. Defending Anti-Porn Laws The alignment with far-right groups doesn't suggest an olive branch for collaboration with adult industry firms and the Free Speech Coalition. In addition to testifying for bills the FSC opposes, AVPA has aided in defending punitive age verification laws challenged in federal courts. Examples like this include the filing of testimony and personal statements supporting state attorneys general. Tony Allen, a member of AVPA's executive committee, filed a personal declaration in the case of Free Speech Coalition et al v. Paxton. Texas Attorney General Ken Paxton is anti-porn. Allen urged the court in this case to keep Texas House Bill (HB) 1181 in effect in the lawsuit. AVN has reported extensively on this case and HB 1181, including the fact the U.S. Supreme Court recently took up the case for the next court term. The plaintiffs in this case are represented by the American Civil Liberties Union national affiliate and several private attorneys from Quinn Emanuel Urquhart & Sullivan LLP and Webb Daniel Friedlander LLP. "We are drafting a brief to help justices who may be unfamiliar with the simplicity of the latest available methods of age assurance to understand the user experience, the range of options open to consumers, and the latest cryptographic mechanisms that can be deployed to maintain anonymity," said Corby. Corby referred to the technical developments in cryptographic technology used to maintain anonymity in the adoption of age-gating laws. Despite this, Corby and the AVPA are doing their job to defend opportunities to generate revenue in an artificially created market. Civil society groups have all filed briefs in support of the Free Speech Coalition and its plaintiffs in challenging HB 1181. These groups include nonprofits like the Electronic Frontier Foundation, Woodhull Freedom Foundation, and the Foundation for Individual Rights and Expression. Adult Platforms Stuck Fighting Adult platforms are left fighting for their survival, and civil society organizations are fighting for the privacy rights of adult consumers and minors who could fall victim to the one-sidedness of these sorts of laws.  For example, the age verification statute that was recently implemented in the state of Kansas was precariously worded to cover all content that covers homosexuality and LGBTQ+ material. This drew outrage from LGBTQ+ rights organizations and the Kanas chapter of the ACLU. Corby testified on behalf of AVPA in support of the Kansas age verification measure, Senate Bill (SB) 394. SB 394 became law without Gov. Laura Kelly signing it, allowing it to enter into force automatically. The bill was supported by far-right groups, including the Heritage Foundation and the FPA. "Generally speaking, when lawmakers want to regulate an industry, they consult that industry beforehand to get an understanding of the impacts and potential efficacy of their proposals," Alison Boden, executive director of the Free Speech Coalition, told AVN.  She continued, "The companies and organizations pushing website-based age verification laws are simply on the wrong side of this debate. There's a growing consensus that device-based solutions are the best way to keep kids away from inappropriate material while protecting user privacy. "Rather than work with us to create a workable policy that would support their stated goal—keeping children from seeing age-inappropriate material—lawmakers have exposed their true motives by allying with religious extremists, age verification providers, and big tech."   Corby said in response, "We hope we are still on good terms with Alison Boden and her colleagues.   "Each organization is, of course, representing its members in democratic and sometimes judicial processes; which should lead to better outcomes thanks to improved understanding of all sides of the issues at hand," he said. "We are confident that technology can deliver a suitable solution that works well for the adult industry—it’s not rocket science to prove your age online conveniently without disclosing your identity."