Texas has taken the lead in reshaping how the internet handles age restrictions, and the Supreme Court’s June 2025 ruling in Free Speech Coalition v. Paxton has cemented its path. The decision, a 6-3 vote upholding Texas’s HB 1181, requires websites with substantial adult content to verify user ages, aiming to shield minors from explicit material. It’s a move that’s got everyone in the privacy world buzzing—colleagues, clients, and even my inbox are flooded with questions about what this means for businesses navigating compliance and protecting user data. The ruling may be about keeping kids safe, but it’s opened a Pandora’s box of privacy concerns, especially when you consider the sensitive data adult websites handle and the ever-present threat of breaches.
The Texas law doesn’t mess around. Websites where a third or more of the content is deemed “harmful to minors” must use serious age verification methods—think uploading a driver’s license, partnering with third-party verification services, or even deploying facial recognition tech. The Supreme Court, led by Justice Clarence Thomas’s majority opinion, brushed off free speech concerns, comparing the process to showing ID at a club. But for those of us in privacy, the comparison falls flat. A bouncer doesn’t store your ID in a database that could be hacked, exposing your late-night browsing habits to the world. Adult websites, by their very nature, deal in deeply personal data—details about what people watch, search, or fantasize about. Linking that to real-world identities creates a data jackpot that’s practically begging for a breach.
If you’re in privacy like me, you’ve probably been fielding nonstop questions about this ruling. What does it mean for businesses? How do you comply without turning your platform into a liability? The stakes are high. A breach at an adult website isn’t just a PR nightmare; it could ruin lives, with exposed data leading to blackmail or public shaming. The Verge pointed out that age verification systems, even the best ones, are only as secure as their weakest link. Just look at last year’s hack of a major verification provider—thousands of IDs leaked, leaving users vulnerable. For businesses, compliance with HB 1181 means walking a tightrope: meet the law’s demands without amassing data that could become a ticking time bomb.
Three Key Compliance Challenges for Businesses
The ruling puts businesses in a tough spot, especially those operating adult websites or platforms with user-generated content that could fall under HB 1181’s scope. Here are three critical challenges they face:
- Balancing Compliance with Data Minimization: The law demands robust age checks, but collecting IDs or biometric data creates massive privacy risks. Businesses need to explore options like anonymous verification systems that confirm age without storing identifiable information. These technologies exist, but they’re not cheap or foolproof, and smaller companies may struggle to implement them.
- Navigating a Patchwork of State Laws: Texas isn’t alone—at least 18 other states have similar age verification laws, each with its own nuances. For businesses operating across state lines, compliance means juggling multiple requirements, which could lead to over-collection of data to cover all bases, amplifying privacy risks.
- Avoiding Liability While Maintaining User Trust: Fines for non-compliance are steep—up to $10,000 per day, plus $250,000 per minor who slips through. But overzealous data collection to avoid penalties could alienate users who value privacy, driving them to less-regulated platforms with even weaker security.
These challenges aren’t just theoretical. Major players like Pornhub have already pulled out of states with similar laws, citing compliance costs and privacy concerns. Smaller sites, with fewer resources, might not have that option, leaving them vulnerable to fines or breaches.
Privacy Risks to Watch
The ruling amplifies several privacy concerns that businesses and users need to keep on their radar:
- Data Breaches: The more personal data a website collects, the bigger the target it becomes. A breach exposing IDs linked to adult site usage could lead to devastating consequences, from identity theft to personal embarrassment.
- Third-Party Vulnerabilities: Many websites rely on third-party verification services, but these providers aren’t immune to hacks. A single weak link in the chain could compromise user data across multiple platforms.
- Data Misuse: Not every company plays by the rules. Some might be tempted to sell or share user data, especially if financial pressures mount. Even without malicious intent, lax data handling practices could lead to leaks.
- Chilling Effects: Requiring IDs could deter adults from accessing legal content, especially those without government-issued IDs or those wary of sharing personal information. This could limit free speech while doing little to stop determined minors using VPNs or other workarounds.
The Supreme Court’s decision didn’t just green-light Texas’s law; it set a precedent that could reshape the internet. Dissenting Justices Sotomayor, Kagan, and Jackson argued that the law’s impact on free speech and privacy deserved stricter scrutiny, but the majority’s intermediate standard prevailed. This deference to state legislatures could embolden more states to impose age-gating rules, potentially extending to social media, health websites, or even political forums. As law professor Danielle Citron noted in a recent interview, this ruling could “open the door to broader content restrictions under the guise of protecting kids.”
For privacy professionals, the path forward is about finding balance. Anonymous age verification systems, which use cryptographic methods to confirm age without storing personal data, are a promising start, but they’re not a silver bullet. They require expertise and investment, and not every company can afford them. Meanwhile, businesses must adopt data minimization as a core principle—collect only what’s needed, encrypt it tightly, and delete it as soon as possible. Regular security audits and transparent privacy policies are non-negotiable, especially when the data in question is as sensitive as it gets.
The ruling also raises bigger questions about the internet’s future. If Texas can mandate ID checks for adult content, what’s next? Could states require age verification for mental health resources or controversial political sites? The Electronic Frontier Foundation has warned that these laws could chill free speech by making users hesitant to access lawful content. And while the goal of protecting kids is hard to argue against, the tools we’re using might not even work. A 2024 study from Australia showed that age verification systems are often bypassed with simple tech tricks, leaving privacy risks in place without solving the core problem.
As privacy professionals, we’re on the front lines of this shift. We need to guide businesses toward compliance without compromising user trust, advocate for stronger data protection laws, and push for privacy-by-design solutions. Texas’s law carries hefty penalties, and the pressure to over-collect data to avoid fines is real. But cutting corners or hoarding data isn’t the answer—it’s a recipe for disaster. The Supreme Court’s ruling may have settled the legal question for now, but it’s sparked a broader conversation about how we protect both kids and privacy in a digital world. Texas is leading the charge, but it’s up to us to make sure privacy doesn’t get left behind.
