A wave of age verification laws sweeping across the U.S. and the globe, ostensibly aimed at protecting children online, are raising serious concerns about privacy, equity, and freedom of expression, particularly for marginalized communities.

More than 25 states and numerous countries have enacted or are considering legislation that requires websites with mixed audiences to verify the age of their users. While proponents argue these laws are necessary to shield children from harmful content, critics contend that they represent a dangerous expansion of data collection and surveillance.

These laws disproportionately impact vulnerable populations. Individuals seeking information about abortion access in states with restrictive laws, LGBTQIA+ individuals seeking community, and other marginalized groups who rely on online anonymity for safety and support will be most affected.

The potential for data breaches and misuse is particularly alarming. Age verification providers, despite promises of secure data handling, have proven vulnerable to breaches, exposing sensitive personal information to malicious actors. The risks are amplified by the potential for governments to access age-related data, creating opportunities for targeting critics and dissenters.

"Platforms have been unreliable brokers of our personal data, especially minors' data," warns Aliya Bhatia, highlighting the inherent risks of entrusting sensitive information to private companies.

The demand for age verification stems from a complex interplay of factors, including legitimate concerns about child safety, moral panics about online content, and the broader trend of increased surveillance and data collection. However, the proposed solutions often fail to address the root causes of online harm and instead place the burden on individual users.

Rather than relying on intrusive age verification measures, policymakers should focus on addressing the systemic issues that contribute to online harm, such as algorithmic amplification of harmful content, lack of corporate accountability, and inadequate digital literacy education.

Furthermore, emphasis should be placed on strengthening data protection laws and ensuring transparency in data collection practices. Users have the right to know what data is being collected about them, how it is being used, and with whom it is being shared.