Over 18? Prove it.
Adult entertainment companies are gearing up to comply with new age verification laws by April of 2019, though how that may impact the adult entertainment industry is yet to be seen. As mandated under part three of the UK Digital Economy Act 2017, providers of “online commercial pornographic material accessible from the UK” will be in violation of the law if they fail to carry age verification controls for UK consumers regardless of where the site may originate from.
Patrolling the vast landscape of content providers, the British Board of Film Classification (BBFC) has been authorized to assess site compliance and dole out punishments as they see fit. Adult content providers are responsible for both the cost and implementation of the required age verification system, though which system companies opt to use is their choice.
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Following the United States, the UK is the second largest Pornhub consumer, and with millions of daily users, Pornhub is primed to facilitate the widespread adoption of whichever AV (age verification) system they utilize. As one of the world’s leading purveyors of tube sites, MindGeek has built a very profitable business by providing convenient access and XXX content to consumers free of charge. However, given the value placed on data collection, the concept of “free” is debatable. As the parent company of Pornhub they’re also uniquely positioned to become the gatekeeper behemoth of accessible porn, and all the data that comes with it.
Last year, Pornhub revealed their plan to use AgeID, an age verification system backed by MindGeek, however the rollout has yet to be seen. AgeID will reportedly be free for consumers and theoretically make the one-time age verification process as convenient as possible. In a show of recognition for the burden the new law places on fellow porn companies, AgeID representative James Clark implies solidarity, stating, “For UK sites whose main market is the UK, that they are not forced to close due to the cost of age verification. As a result, we have made AgeID free of charge for all independent UK studios, producers and bloggers.” For all other non-UK based companies there will be a fixed fee per month based on estimated levels of traffic.
What few companies exist outside of the MindGeek sphere will be encouraged to use the same software, as the website states, “Since AgeID will be used on some of the largest adult content sites in the world, your users are likely already age verified before visiting your site, allowing instant access as soon as you integrate it.” For those concerned about privacy and having their kinks linked to user profiles, James Clark has issued assurances about the safety of using AgeID.
According to Clark, AgeID ensures users’ emails and passwords are encrypted, then stored anonymously to prevent the usual manner of tracking, therefore implying that personal data is not stored or shared. However there’s a vague clause within the AgeID privacy policy that could be interpreted to mean they can share your information for any reason not already listed in section 7.1 regarding the “disclosure of your personal information.” The company states: “We do not share your personal information with third parties except as… to the extent necessary to fulfill any other purpose not mentioned above for which you provided personal information.”
AgeID also claims it won’t have the ability to monitor browsing activity if access has been authorized, and yet in section 9.2 of their privacy policy, it states: “By using the Platform you consent to the transfer of information that we collect about you, including personal information, to any country in which we, our affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this privacy policy.”
The potential for increased data exposure is at odds with the recently enacted European GDPR (General Data Protection Regulation), which is legislation designed to protect data at a national level. There are some who believe the UK government left age verification controls up to internet service providers (ISPs) and adult entertainment companies to avoid shouldering that responsibility.
Alex Hawkins, vice president of xHamster, says they’re watching the UK roll-out very closely. “So far it doesn’t restrict VPNs or criminalize consumption but there are major penalties for websites that don’t comply. Visa and Mastercard have said violators will lose the ability to use their services anywhere in the world. That would essentially put a site out of business no matter where they are,” says Hawkins. “Some sites suggested they might geoblock the UK entirely so as not to risk an unintended violation that could destroy their business.”
According to trend reports, overall porn consumption in the UK is on the rise, and the new regulations might keep it headed in that direction. “When porn is threatened users value it more and embrace it with more enthusiasm. Porn bans can thus paradoxically increase consumption,” states Hawkins. “For instance, when India and Nepal banned porn this year, we saw traffic dip briefly before returning to normal in the course of a few days as users signed into VPNs. In the UK where the DEA has been a major political conversation our traffic has risen 5.83% in the past year.”
As one of the top sites in the UK, xHamster plans to fully comply with the regulations, however they’re still working on the implementation details and the accompanying concerns. “No adult website wants under-18s visiting. We are interested in working with the UK and figuring out how to best keep them away without creating risks for our adult users,” says Hawkins. “In the UK the question is always going to be whether or not these regulations lead to privacy violations and exposure of the type we saw with the Ashley Madison hack.”
