HB 1181

TinMan's Avatar
I’ve been out of pocket the past month. Came back to find Gov Abbott has signed this into law:

https://capitol.texas.gov/tlodocs/88...l/HB01181H.htm

Haven’t had time to read it yet, but I know it’s primarily aimed at sites like PornHub. I’m concerned, though, that it could be written broadly enough that hobby sites might also be subject to ID requirements.

Anyone spend any time researching the matter?
The provider side is already taken care of. But, a quick read of the bill appears to be saying ANYONE with access to the material as outlined in the bill needs to be age verified. The visual material specified in the bill has alrady been scrubbed from the site.

The site most certainly meets the description in the bill

Below is the part I would thnk most closly matches ECCIE. Bold for emphasis. But, it mentions public access to the material. Not sure if the priviate sections would be enough as a minor could easly post fake reviews to access it. Plus if I read it correctly, some of the public comments could be of concern as well

principally consists of
descriptions of actual, simulated, or animated display or depiction
of:
(i) a person's pubic hair, anus, or genitals
or the nipple of the female breast;
(ii) touching, caressing, or fondling of
nipples, breasts, buttocks, anuses, or genitals; or
(iii) sexual intercourse,
masturbation,
sodomy, bestiality, oral copulation, flagellation, excretory
functions, exhibitions, or any other sexual act;


I would take this to mean all the members would need to be age verified. There are several options outlined in the bill as to how to do that. And no guest access
TinMan's Avatar
Well, we have just a little over a month before the law goes into effect. Hope we get some commentary from staff before then.
CG2014's Avatar
How will they enforce it in Texas? Go by the user IP address? Use a VPN, put you anywhere in USA and the world but Texas.

Also many porn and adult sites are registered outside of USA with the web host also not in USA.

How is the state of Texas government going to make every porn and adult site on the net add an ID verification screens for Texas users?
CG2014's Avatar
Found the complete bill

https://legiscan.com/TX/text/HB1181/id/2819916

They won't be able to enforce it.

How will they (State of Texas Government) make every adult site on the internet even the ones not hosted or owned in USA display all those BULLSHIT fear mongering speculative Texas Department of Health warnings regarding the harm of porn?

Or is the State of Texas going to just use a broad stroke and start IP blocking all internet access to any website they deem to be adult oriented?
TinMan's Avatar
I did a quick Google search over the weekend and found that several other states have some version of this law and PH responded by shutting off access to their site to IPs in that state. It would seem, though, that a VPN might solve that issue for your typical porn site, but I don’t know for sure.
CG2014's Avatar
VPN will. I access a lot of regular sites like Australia and European TV websites to watch their programs that are embedded on their website that gives you the your location is not allowed to view this.

Change my VPN to one in Australia or Europe and problem solved.

Same for YouTube . Some YouTube account holders restrict their videos by geolocation.

I used a VPN last week to watch a YouTube channel in Brazil with soccer videos. They restricted viewing for USA ip addresses. I changed it to a Canadian one and I was in.
CG2014's Avatar
Any adult site . Even Eccie, OH2, tryst, rudmd, yes even OnlyFans fall under it. Once again the govt think they can fix something with a broad stroke .
It's like those parental cyber nanny programs that are supposed to block children access to porn sites on computers and they would block everything even google search results for anything related to sex or human anatomy or a WIKI page on sex.
They have laws like this all over the world. Thailand, for example. All adult sites are blocked. I’m not sure how they do it, though.
Ironically the hobby is legal there.
Dont get distracted. The bill addresses the website and its responsibility to verify no miniors are accessing age inappropiate content. They are not going after indiviual users. If a site does not show they only allow adults access to said info, they could block access to the site, even go after the owners. The site may be hosted in another country, which ECCIE is, but the owners are in the US.

And, if access to ECCIE were blocked in Texas, I really doubt there are enough users that would take the extra steps to access the site. Any hit to the client base and the site would go from maybe making a small profit to not making one. Bye Bye website. Same with OH2 and other small sites. And even sites like OnlyFans would not want to loose access to the 2ed biggest state in the Union.

Note that a VPN does nothing to address the age verification issue. More states are adopting these kinds of measures so in time, enough of a sites user base will be affected to cause real profit issues

Not really sure what is enough to prove age checking. There are 3rd party sites that provide that service to sites. Does a user have to provide photo ID? A credit card? Or is a checking box afirming you are 18 or older enough?

Big issue for me is now real world info has been linked to a specific user. Even if the info is not retained after verification, no more anonymous users.

Note many P411 users had to provide such information with no known issues.
TinMan's Avatar
OBSG, I think you are right on with your analysis.

As far as P411, if they aren’t keeping records proving they verified someone’s age (they allegedly don’t), they may not meet the record-keeping requirements of the new law. Their site doesn’t include any explicit content, so they may be able to continue operating with minimal change.

The connection of RW information to a hobby identity is a huge concern. If the owners of this site determines they have to comply with this law, I agree with you it’s going to take a huge hit since Texas is such a big part of its membership.
OBSG, I think you are right on with your analysis.

As far as P411, if they aren’t keeping records proving they verified someone’s age (they allegedly don’t), they may not meet the record-keeping requirements of the new law. Their site doesn’t include any explicit content, so they may be able to continue operating with minimal change.

The connection of RW information to a hobby identity is a huge concern. If the owners of this site determines they have to comply with this law, I agree with you it’s going to take a huge hit since Texas is such a big part of its membership. Originally Posted by TinMan
Actualy, its against the new law to retain any records of the verification. They only have to show they are doing it. This new requirment is not like the one required for content performers
TinMan's Avatar
Oh, that’s good.

P411 should consider expanding their screening services to include offering to provide age verification to hobby sites. They may have to split their membership categories into two: guys who have provided age verification (or been members for x number of years), and those who were verified by other means. That could encourage guys reluctant to pay the membership fee to do so.
Dirkdiggler41's Avatar
Interesting. I think most of us would agree that restricting access to porn to underage is a good idea like we agree that trafficking women is bad. But yeah how do you achieve this exactly. Reality is like most laws you can’t achieve 100% but the point would be to make it harder for minors to access the sites. If they want to get on there then they will. Fake ID for example or just use daddy’s name and ID. I’m interested to how this all plays out and how effective it is to restricting access to minors. If within the state all sexually explicitly material is blocked as a default then it will go along way to limiting little eyes to the porn sites. Not that you can’t get a good peeking on instagram or snap these days anyway but that not porn. I wish I just had that growing up I’d been happy. Haha
The secondary issue and fallout of this is the age verification requirement that leads to potential squashing of anonymity. If they law does say specifically that keeping ID records in unlawful, then thats prob enough for most to feel comfortable giving pornhub your ID so you can watch Mia Khalifia and that amazing rack on that small frame get pounded.
But a site like this, if in fact it falls under this law, even with record keeping restrictions in place, it’s much less likely people are going to give IDs over due to the compromising legal nature of activities that one is admitting to openly here.
We all know system breaches and some learned the hard way from Ashley Madison breach. This would be next level breach with not only names but specific activities tied to those names. If Eccie falls under these laws then RIP eccie. That’s if and I have not done research just reading the above comments for now.
This specific law is not specifically targeting sites like Eccie though understandit’s pornhub they are after. But makes no mistakes sites like this it will be “in scope” in some way eventually as the continued crackdown begins. Note the other law in Oklahoma that has Eccie unlawful currently in that state. It’s coming here just wait and you won’t have to wait very long.
But does it really matter in the end game really. It’s Federal law now to pay for sex but hasn’t deterred many. Laws in place to fine people for driving up and down Harry Hines but still dozens of hookers and John’s still doing their thing. It’s the oldest profession for a reason.
The recent introduction in our life times of the internet is still in its infancy. Laws are and will be created to curb deviant and unlawful behavior over time with this new use of technology. We will look a back at what we use to could do and see on the internet freely and wonder how we we were able to do that at one point.
2 willing and uncoicersed adults engaging in sexual activity for exchange for money does not cause many people too much concern unless you are a bible thumper. Sex trafficking and exploitation of minors in any way is the real kicking point that sucks and gets people riled up and for good reason. This law targets #2 and if effective will frankly be worth any inconvenience it will cause to any of us.
Twitter is another huge provider of adult content. Other than clicking a box that I am over 18, they have no real age verification either. And that may be all that is actualy required. Accepting the terms of service for a site. I know Texas is not the first with this kind of law so I would think the big sites are already in compliance. So this may be nothing at all. I am sure ECCIE is already having legal review the new law to see what,if anything it has to do differently