GOP bill would require Arizonans to provide an ID to look at online porn

A Republican bill would require Arizonans to submit a government-issued ID to a website operator before accessing “sexually explicit material” online, but the bill is written so broadly that critics say it could require the same of major streaming platforms like Netflix and Hulu. 

The proposed law would require that websites with a “substantial portion” of sexually explicit material verify the age of Arizona users by collecting a government-issued ID or digital ID card. The measure, Senate Bill 1503, is similar to a new law that just went into effect in Louisiana at the start of this year.

The bill also prohibits websites from storing the identifying information used to confirm the identity of the users.

“The proposals that are being offered are a disaster. I think that it is going to cost the state a lot of money and it is going to make a lot of people vulnerable,” Mike Stabile, director of public affairs for the Free Speech Coalition, a non-profit that represents the pornographic industry, told the Arizona Mirror. “Ultimately, these are going to be ruled unconstitutional.”

Stabile said that, after the media attention from the Louisiana law, at least 17 other states have taken up similar measures, all with varying degrees of restrictions on how to access adult content and different definitions of what constitutes adult content. The definition in Arizona’s legislation is the most vague, he said. 

Arizona’s definition defines adult content as “explicit sexual material” that depicts human genitalia or that depicts nudity, sexual activity, sexual conduct, sexual excitement or sadomasochistic abuse. The bill takes its definition from a section of Arizona law that makes it a crime for Arizona teens and children to send sexually explicit messages on social media and through text message. 

That definition includes no exceptions for education or artistic use. But another section of state law criminalizing the public display of sexually explicit materials does, which is why movie theaters can show films with nudity without violating the law.

According to Stabile, this “stripped down” version of the Louisiana bill that state Sen. Wendy Rogers, R-Flagstaff, is running in Arizona creates issues. For instance, the Louisiana law includes thresholds for the amount of pornographic material on a site needed to trigger the identification requirement. In the Arizona bill, the threshold is “a substantial portion” — which is undefined, and Stabile said could be interpreted that any amount of nudity or sexual content means an ID is required. 

Netflix recently got attention for its NC-17 biopic of Marilyn Monroe, which has also won and been nominated for multiple awards. The film has sexually explicit scenes and would run afoul of the law, Stabile said.

There are other unintended consequences of the bill as well, not just on sites like Netflix. 

“Not everybody is Google or Facebook,” David Horowitz, executive director at the Media Coalition, said, adding that, “the idea that these are all big companies that are going to be able to enforce all these requirements, it is not that simple.”

Online book retailers may also find themselves running afoul of the new law, and Horowitz said the “requirements to meet the law may be difficult” for businesses like them. Rogers’ proposal does not make any adjustments for educational books, so books on sex education, medical books and such could likely find themselves as well in theory running into issues. 

Horowitz said that the bill creates a “substantial chilling effect” on free speech. He also said that the bill also applies to a “much broader amount of material” than what the state can make illegal for minors, according to U.S. Supreme Court rulings on the matter. 

Previous versions of similar laws have also already been struck down by the courts multiple times. In Louisiana, a similar law was barred from being enforced in 2015 after a lawsuit was brought by book sellers. Arizona also had a similar law in 2000 signed by then-Gov. Jane Hull which was deemed unconstitutional.  

The bill was passed out of the Senate Transportation and Technology Committee on Feb. 13 with no testimony from Rogers or any speakers, and virtually no discussion from committee members. 

“I was trying to think about how this would be enforced,” Sen. Theresa Hatathlie, D-Coal Mine Canyon, said in explaining her opposition. 

The bill cleared the committee on a 5-2 vote with Sen. Christine Marsh, D-Phoenix, voting yes with her Republican colleagues on the bill. The Louisiana bill had largely bipartisan support when it passed. 

“This is highly sensitive information, and I think the legislatures are not treating it as such,” Stabile said of how the bill would require government identification. “It is quite dangerous, anytime you have a database with sensitive information…it becomes a honeypot for hackers and anybody who wants to become an extortionist.” 

Stabile said that, despite Arizona’s bill having a clause saying that the website operator cannot retain information, he is concerned about how that would actually work. In Louisiana, industry professionals have begun to see an increase in phishing attacks. 

Hackers and scammers have been pretending to be websites and begin to ask for government identification, passport information or other forms of identification in order to steal people’s identities, Stabile said. 

“I think they have some magical thinking on how secure databases can be,” Stabile said. “These states are passing this legislation now very quickly and do not realize the targets they are making of the American people.” 

All modern personal computers, smartphones, tablets and web browsers also come pre-installed with parental controls that allow for blocking of websites for minors, and all legal adult websites are required to be labeled with RTA, or “registered for adults.” 

“It is a disaster of a bill,” Stabile said. 

Rogers did not respond to repeated requests for comment. 

The bill will head to the full Senate for a vote next.