Obscene objects definitely no longer have a place in certain American states. While Texas already regulates the possession of adult toys, local authorities now want to impose systematic age verification for the online purchase of erotic products. This initiative, led by Republican Senator Angela Paxton, raises numerous legal and practical questions, at a time when the country is facing a vast debate on access to Child pornography.
Protect minors, yes, but
The text, dubbed SB 3003, would require online retailers to implement a verification system to ensure that buyers of "obscene devices" are of legal age. Specifically, the sites concerned would have to require a official ID, use third-party verification services, or limit payments to methods reserved for adults. As you can see, this would require the same restrictions as for online pornographic sites. The proposal doesn't stop there, as it's part of a broader context of regulating commerce related to sexuality in Texas. Another bill, HB 1549, for example, aims to ban the sale of sex toys in supermarkets.
A privacy issue
For Angela Paxton, it's primarily about protecting minors. However, the bill is controversial. As with the regulation of X-rated platforms, critics point to the risks to adults' privacy and the practical difficulties of implementation. According to specialist lawyer Lawrence Walters, speaking to the specialist media outlet Xbiz, the First Amendment could not be invoked in the context of this regulation (which was the case for streaming sites). On the other hand, the 14th Amendment, which protects the right to privacy, could push the authorities to question the legality of such a restriction.
Another major issue with the bill concerns its application to sellers located outside of Texas. Some experts doubt the state's legal capacity to impose such constraints on companies located in other jurisdictions. This scenario is reminiscent of the consequences of age verification laws for pornographic sites, which have led platforms like Pornhub to withdraw from certain states.
On the professional side, the concern is palpable. Some retailers could simply stop shipping to Texas. If the bill passes, violators would face severe penalties with a Class A misdemeanor and a fine of up to $5,000 per violation.
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