The easiest way for porn sites to comply with the new law is by using independent third-party privacy-preserving solutions, audited and certified to international standards. The principles of privacy-by-design and data minimisation underpin the age assurance industry.
Understandably no one wants to give a porn site their personal data - all members of the Age Verification Providers Association must comply with our code of conduct and are, in any case, tightly regulated by the UK Information Commissioner, and have safely completed over a billion online age checks under their supervision. We do not create any new central databases of personal information except for a record of the date of birth or estimated age of a user. Any personal data used in the age-proofing process is deleted so it is not vulnerable to abuse.
The best in class facial age estimation solutions reject over 99.5% of under 18s when testing if a user looks over 25. So the vast majority of adults will be able to use an immediately deleted selfie with an independent age assurance provider to access pornography. That’s true across skin tones, and audits of software against international standards check there is no significant bias. Adults just turning 18 will need to use conventional age verification methods until they appear to be over 25 - in effect a “Challenge 25” approach.
The US federal government is also currently testing facial age estimation and will be confirming within weeks providers’ claims about accuracy and bias through the National Institute for Standards and Technology
As the enforcement date approaches, Ofcom will be able to provide clearer guidance based on Part 2 of the new ISO 27566 standard for age assurance. Ofcom needs to be crystal clear with the porn publishers as to its interpretation of ”highly effective” or the adult sector will run rings around the regulator. Successful implementation is now in the hands of Ofcom which must make it clear there will be a level playing field with any non-compliant site, large or small, subject to business interruption measures and site blocking the day the rules come into force. Five million porn sites need to be given that message loud and clear.
Biting the hand that feeds IT
