Oklahoma Senate Debates 'Opt-out' Language in Proposed AV Bill

OKLAHOMA CITY—The Oklahoma Senate this week considered the adoption of opt-out language built into a proposed age verification bill that specifically targets adult entertainment websites. If adopted, Oklahoma will become the next state with an age-gating mandate. Adding the opt-out language is a noteworthy first among the trend of anti-porn lawmaking sweeping across right-wing U.S. states. The bill, Senate Bill (SB) 1959, was introduced by Republican state Sen. Jerry Alvord of the rural community of Wilson. If adopted, SB 1959 will require adult entertainment companies to provide internet service subscribers and cell service users with an "opt out" option to prevent access to age-restricted materials. After a company receives the request, it would be required by law to block access on any device linked to the internet and cell services belonging to the person and family. "Reasonable" age verification is also introduced in a format similar to other states, including Louisiana which was the first state to introduce such in 2022 and implement it at the beginning of 2023. In neighboring Missouri, there is a measure that would require internet service providers, like AT&T Fiber, to ask subscribers whether they want pornography and age-restricted content blocked. The Oklahoma measure attempts to establish this at the level of the consumer by making the request permanent. Parental filtering software that is available for free or at low cost is already widely available and accomplishes what SB 1959 intends to do. Restricted to Adults (RTA) labeling supported by the nonprofit Association of Sites Advocating Child Protection is already widely adopted by these parental filtering applications. Adding the push for age verification, Sen. Alvord is attempting to mandate a voluntary practice that can already be circumvented with the deployment of a virtual private network (VPN) or by disabling filters. "This is why you bring [the] adult industry into discussions," said Mike Stabile in a thread to his followers on X (formerly Twitter).  Stabile is the director of public affairs for the Free Speech Coalition, a trade group representing the adult entertainment industry. "The world is suddenly on fire about kids online, but we've been working on these issues for years," he explained, referring to the RTA label. "If you'd stop demonizing us...you'd find we know more about this, and how to stop it, than anyone."  Device verification relies on protocols at the device level, not necessarily filters broadly implemented at the level of an internet service provider. Alvord touts a bipartisan backing for his bill, according to a press release published by the Senate Republicans on February 20. “It was brought to my attention that Oklahoma lacks safeguards in online access to pornography, allowing loopholes for underage children to access materials not intended for their age group,” Alvord said in the statement. He also applauded his colleagues on the Senate Business and Commerce Committee with a vote of 12-1.  The Senate advanced the bill on a vote, 41-5, for consideration in the House of Representatives. One of the no-votes was from Republican Sen. Dusty Deevers of Elgin. Tulsa World staff writer Steve Metzer indicates that Sen. Deevers objected to SB 1959. AVN reported on Deevers and his push to outlaw pornography entirely across Oklahoma.  Deevers, a Southern Baptist preacher, proposed Senate Bill 1976 to prohibit the legal consumption, distribution, and production of adult entertainment content within state boundaries. Adult content is otherwise legally protected speech. Deevers intends to characterize adult content on a legal standard that is similar to child sexual abuse materials. Any violations of the bill would be punishable with a misdemeanor or felony charge. Deevers campaigned to end pornography. Others who voted against the SB 1959 cite concerns about being sued by private industry groups, like the Free Speech Coalition. “We know that this type of language has been challenged and disputed in court,” said Senate Minority Leader Kay Floyd, a Democrat from Oklahoma City. "My concern is that we are setting the state up for a lawsuit. It’s going to be expensive, … (and) we are going to lose.” Republican Rep. Randy Randleman introduced House Bill 3008 to prevent minors from accessing age-restricted content online. Randleman's bill gained traction after it was passed through the House Judiciary Committee on a vote of 8-1. The lone "nay" vote came from Democratic Rep. Jason Lowe, who expressed concerns that the age verification bill could violate the First Amendment. Tulsa World reports that Rep. Randleman admitted that an age verification measure could lead adults of legal age to decline to submit their government-issued identification or other personally verifiable information in order to access adult content online.