On May 3, 2023, Utah’s Online Pornography Viewing Age Requirements Act (the “Act”) went into effect. The Act states that website operators must require internet users to prove they are eighteen years of age or older through a “digitized identification card” or third-party age-verification service when accessing websites containing “pornography or other materials harmful to minors.” In other words, to access adult websites in Utah, users must either upload their driver’s license (or other state-issued identification) or subject themselves to third-party age verification through tools such as biometric scanning. Simply clicking “I am 18 or older” is no longer sufficient with this legislation; an individual must now give personally identifiable information, including in some cases, a biometric face scan.
This week Meta, formerly known as Facebook, announced that it has disabled augmented reality effects, including filters and avatars, for its users in Texas and Illinois, citing state facial recognition laws. Meta says that users in those states will see a “temporarily unavailable” message when accessing such features across Facebook, Messenger, Instagram, and Portal. This decision comes at a time when the Illinois Biometric Information Privacy Act (BIPA) continues to wreak havoc on Illinois businesses, and just months after Texas Attorney General Ken Patton filed a lawsuit against Meta claiming the company misused facial recognition technology. Denying any wrongdoing, Meta released a statement justifying the decision as a measure to avoid “meritless and distracting litigation”: