North Dakota joins a growing nation alliance, requiring age verification porn

During the 2025 legislative season, moral panic law has occurred throughout the United States. Recently, North Dakota has joined the growing national alliance, requiring age verification of pornographic ranges. But critics warn that North Dakota regulations didn’t take effect until August 1, another shining example of a violation of the First Amendment.

Last month, North Dakota Gov. Kelly Armstrong (R) signed Senate Bill 2380 and the House Bill of 1561, both of which introduced age verification requirements for websites containing “mostly sexual material that is harmful to minors on the internet.” These sites must use a “reasonable” approach, such as a digital ID or having someone submit a government-issued ID. If the website does not comply with age verification or deletes data, it may be liable for damages.

Under the new rules, pornography is wide. Apparently, it covers actual descriptions of sexual intercourse, masturbation, etc. However, the bill also extends to simulated or animated behaviors, which include pubic hair, genitals and nipples of female breasts, especially depictions of female breasts. In addition to this, North Dakota legislation aims to “lack of serious literary, artistic, political or scientific value” and “average individuals adopting contemporary community standards” see it as material to attract “self-employed interests.”

According to the Association of Age Verification Providers, more than twenty states have passed the age verification law to access porn. Recently, a woman from Kansas used her state law to sue multiple porn sites after her teenage son watched porn on an old laptop. Rep. Steve Swiontek, chief sponsor of HB 1561, said in the North Dakota rule: “The idea should have some requirements and expect these adult entertainment sites to be paid for it… it should be authorized and required to verify age. I think we have a moral obligation to these kids.”

Swiontek noted that the state’s laws were established after legislation passed in 2023 by Utah, according to North Dakota’s monitors. In addition, lawmakers passed resolution 4017, which was resolved simultaneously by the Senate, which required the Legislative Council to “consider the study of the harmful effects on pornography.”

The SB 2380 and HB 1561 versions passed by North Dakota lawmakers have been lowered from their introduction. Initially, the bill would need to “cover manufacturers” (including device manufacturers and app stores) to “determine or estimate the age of the primary user after the device is activated.” At the time, Technet executive director Rose Feliciano said the bill’s requirements were “vague, cumbersome and invalid”.

However, downplayed regulations still raise major First Amendment issues. As NetChoice’s director of state and federal affairs Amy Bos wrote, “While the state may (and should) protect minors, as Justice Scalia remembers, the state lacks the ability to float freely, which can limit the idea that children may be exposed.” She added that the barriers to age verification in “constitutionally protected speech” make it “unable to survive.”

According to the BOS, California, Utah, Ohio, Arkansas and Mississippi laws “has recently failed to withstand legal scrutiny.” Additionally, Texas’s HB 1181 is similar to North Dakota’s new regulations and is now at the center of Supreme Court cases. “Implementing such measures in North Dakota could face the same fate and lead to expensive legal challenges without providing any real benefit to the residents of the state,” the BOS warned.

Age verification bills are also a privacy nightmare. Although North Dakota regulations require that all collected data be deleted to remove age verification, companies usually retain data they shouldn’t be and age verification companies are still hacked.

In addition, age verification usually does not effectively prevent access to content. But with the tracking of electronic boundary bases, these legal spirals go far beyond the scope of “protecting minors from pornography.” For example, states have introduced age verification requirements for skin care, dating apps, and weight loss pills. “While the intention to protect children makes sense, the unexpected consequences are a huge erosion of privacy, security and free expression for all,” Frod warned.