North Dakota Legislature Backs Off on Device-Based AV

North Dakota Legislature Backs Off on Device-Based AV

BISMARCK, N.D. — A North Dakota state senator who sponsored a device-based age verification bill that Free Speech Coalition (FSC) endorsed is now seeking to amend the bill to require site-based age verification instead.

The change will make SB 2380 into yet another copycat version of the age verification bills being promoted around the country by religious conservative activists.

As originally introduced, the bill would have required manufacturers of internet-enabled devices and operating systems to determine the age of a device’s primary user and signal websites whether that user is a minor.

At the time, FSC Executive Director Alison Boden praised that version of the bill as a “common-sense solution to age-verification that protects adults and children alike.”

In a statement, FSC noted that device-based age-verification protects consumer privacy and cannot be circumvented using workarounds like VPNs.

Earlier this week, the North Dakota Senate Industry and Business Committee held a hearing during which it heard public testimony for and against the device-based AV bill. Testimony in favor came from a range of groups including the International Centre for Missing and Exploited Children and North Dakota Family Alliance Legislative Action, while those in opposition included NetChoice, the BroadBand Association of North Dakota and the App Association.

Carissa Swenson of the BroadBand Association of North Dakota told the committee that “the best thing” would be to require adult sites to implement age verification.

“Because it’s working,” she told the committee. “It’s working in 19 other states. Put the onus on them. They’re the ones who need to make sure that you’re of age in order to view those sites.”

On Wednesday, Republican state Senator Keith Boehm, who sponsored the bill, told the committee that he plans to amend the bill to require site-based age verification instead of device-based AV, citing Utah and Texas as models.

“We received a lot of pushback on the device-based because that technology is not mature yet,” he told the committee.

Noting that site-based AV laws in other states have led to lawsuits, Boehm explained, “The reason we went with the device-based is because that is not in litigation, and we actually had the infamous Free Speech Coalition say that it wasn’t going to get litigated. But it’s a bridge too far at this point.”

Boehm also joined other proponents of the current spate of state AV laws in asserting that the fact that adult sites have blocked access in states with such laws indicates that the laws are effective — a contention predicated on the assumption that the goal is to ban adult content for all, rather than prevent minors from accessing it.

“It’s been effective,” Boehm said. “Wherever ID-based has been introduced, that industry is backing out.”

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Sweden Bans Purchase of 'Remote' Sexual Services

The Riksdag, Sweden’s parliament, has approved a proposal to criminalize purchasing sexual services performed remotely by streamers and custom content creators.

Asa Akira to Deliver XBIZ Talk at Miami Conference

XBIZ is pleased to announce that decorated performer, Pornhub brand ambassador, and author Asa Akira is set to deliver an exclusive talk at XBIZ Miami.

JustFor.fans Launches 'Fentanyl Test Strip' Initiative

JustFor.fans (JFF) has launched a test strip initiative to combat the nationwide fentanyl crisis.

2025 XBIZ Miami Speaker Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Miami, the latest edition of the adult industry’s premier summer conference, set to take place May 19-22 at the Nautilus Sonesta Miami Beach hotel in South Beach.

AV Bulletin: Arizona's About-Face, What New Laws Mean for Adult

Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the United States. In the meantime, state legislatures continue to weigh and pass AV bills, the U.K. and the EU are moving ahead with their own AV mandates and strategies, and legal challenges continue to play out in U.S. courts — with some cases on hold pending the SCOTUS ruling in Paxton.

Million Billion Media Launches New Website

Management and PR agency Million Billion Media (MBM) has launched a new website.

'Neon Nightswim' Party Returns to XBIZ Miami

XBIZ is pleased to announce that the annual Neon Nightswim Pool Party will once again illuminate XBIZ Miami on Tuesday, May 20.

FSC Addresses UK Age Verification Guidelines

The Free Speech Coalition (FSC) has published an article offering guidance on the U.K.'s Online Safety Act and the various guidelines put forward by the country's telecommunications regulator Ofcom.The article follows:

European Commission Posts AV Guidelines, Seeks Feedback

The European Commission has made public its draft guidelines on protecting minors online under the Digital Services Act, including age verification requirements covering adult sites and platforms.

'White-Hot' Party Set to Kick Off XBIZ Miami

XBIZ is pleased to announce that the annual White-Hot Party, the official opening bash of XBIZ Miami, is set for Monday, May 19, at Mynt Lounge in South Beach.

Show More