From Center for Democracy & Technology <[email protected]>
Subject August Newsletter: The Landscape for Age Verification
Date August 29, 2025 5:00 PM
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U.S. NEWSLETTER 

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The Landscape for Age Verification

In response to new laws in the EU, the UK and some US states, online services are rolling out new systems designed to block access to certain content — or entire platforms — based on age. These efforts to protect kids online are well-meaning, but as we’ve seen in recent weeks, they can have significant unintended consequences.

As companies, users, and regulators alike have grappled with age verification systems, CDT has been a unique resource for trustworthy, technically-sophisticated expertise on how these systems work — or don’t. While these laws promise easy solutions, CDT has pushed policymakers to reckon with the real threat they can pose to privacy, safety, and free expression for all technology users. 

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Graphic for CDT Research's brief, entitled "Teen and Parent Perspectives on Approaches to Age Verification." Black text on a grey background.

This week, CDT released new research aimed at understanding parents’ and teenagers’ perspectives on different approaches to age verification ([link removed]). We found that, when parents and teachers were presented with common approaches using storyboards, they had serious concerns about efficacy, and privacy concerns related to sharing sensitive data. Participants also emphasized the need for transparent and context-driven approaches that support users’ agency and choice, alongside parental discretion when determining young people’s access to online services.

When considering user experiences, we’ve also drawn attention to the ways that age verification technologies are often also inaccurate, particularly for people with disabilities ([link removed]).

In the courts, CDT is focused on how the legal landscape for age verification has been shaped by the Supreme Court’s June decision in Free Speech Coalition v. Paxton ([link removed]) (FSC v. Paxton), a case examining whether Texas could require age verification to access certain lawful speech. 

In a blog, we argue that the Court’s decision to uphold the Texas statute — a significant shift for the First Amendment and laws restricting access to sexual content online — is limited in important ways ([link removed]), and legislatures should not view it as carte blanche to impose age restrictions on access to speech online. We also filed an amicus brief in the Supreme Court’s next age verification case, NetChoice v. Fitch ([link removed]), arguing that a Mississippi law impermissibly discriminates against speech on the basis of content and violates the First Amendment rights of adults and minors alike — and that the Court’s decision in FSC v. Paxton does not apply.

In Case You Missed It

— CDT joined a coalition of civil society organizations and cybersecurity experts urging Congress to adopt an amendment ([link removed]) to the FY26 National Defense Authorization Act that would require the Department of Defense to use secure, end-to-end encrypted communications tools when possible.

— CDT’s Maddy Dwyer wrote about what states can learn from the federal DOGE fallout ([link removed]). 

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Catch the latest episode of CDT's podcast, "Tech Talks," for a conversation on why “anti-woke AI” may be more political mirage than technical reality.

— CDT joined an amicus brief with the Electronic Frontier Foundation in ([link removed]) amicus brief with the Electronic Frontier Foundation in ([link removed]), arguing that the 9th Circuit should uphold a lower court’s injunction against enforcement of the California Age-Appropriate Design Code, solely on the basis that the law’s overbroad, unconstitutional age-verification requirement is unseverable from other provisions and should doom the entire statute. We also argue that the Supreme Court’s recent decision upholding an age verification requirement is inapplicable to this case.

— A new CDT brief discusses some of the common ways schools are using AI ([link removed]), how these AI systems can fail, and the impacts of those failures. It also provides best practices for reducing the chance of an AI failure, preparing for the possibility of failure, and responding if a failure does occur.

— We took a look at the state of reproductive privacy ([link removed]) three years after the Supreme Court’s unprecedented overturning of Roe v. Wade, and analyzed the fight between the states ([link removed]) over disclosure of reproductive health information. 

— We discussed why "anti-woke AI" is a technical mirage ([link removed]), the significant technical hurdles that make realizing "ideologically neutral” AI systems extraordinarily challenging in practice, and in the most recent episode of our podcast, what it could mean for the future of technology, policy, and free expression ([link removed]). We also wrote about what to watch for in the “Woke AI” EO's implementation ([link removed]), including what it means practically for procurement; what the First Amendment does and doesn't allow the government to do through contracting; and how AI developers might respond.

CDT In the Press

— CDT’s George Slover wrote for TIME Magazine about the issues with AI-powered pricing ([link removed]).

— Discussing the UK’s reported dropping of a secret demand on Apple for a backdoor, CDT’s Greg Nojeim told the Washington Post ([link removed]), “The Administration should be more transparent about any deal it cut with the U.K., and Congress should amend the CLOUD Act to prevent other countries from issuing similar orders to U.S. service providers. No foreign government should be able to force providers to disable end-to-end encryption, and threaten the privacy and security of Americans and users around the world.”

— CDT CEO Alexandra Reeve Givens answered Five Questions for Politico’s Digital Future Daily ([link removed]).

— In an op-ed for Tech Policy Press ([link removed]), CDT’s Becca Branum argued that now that the TAKE IT DOWN Act is US law, platforms must invest the time and effort necessary to protect users and meaningfully respond to image-based sexual abuse.

— “Replacing people tasked with ensuring that platforms are safe and rights-respecting for all users, including minors, is going to lead to more mistakes and more harmful experiences,” CDT’s Aliya Bhatia told The Guardian ([link removed]) about TikTok’s plans to replace its German Trust & Safety team with AI.

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Event graphic for CDT's 2025 Annual Benefit, Tech Prom. Abstract gradients of dark blue, and dark blue and gold text.

CDT "In-Person"

— CDT is pleased to announce our annual Tech Prom ([link removed]) on Thursday, October 23, 2025, at The LINE DC. Join us for a fun night of networking and conversation — you won’t want to miss it! Sponsorships and individual tickets are available now.

— On September 18, CDT’s Ariana Aboulafia and CDT fellow Henry Claypool will be panelists at the Disability Innovation Forum ([link removed]) discussing AI and the Future of Accessible Education and Workplaces.

— On September 10, CDT, Protect Democracy ([link removed]), and The Leadership Conference’s Center for Civil Rights and Democracy ([link removed]) will host a webinar ([link removed]) on federal government efforts to access state administrative data. 

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Photograph of Karen Kornbluh, smiling outdoors wearing a burgundy velvet top and gold necklace.

Staff Spotlight

Ambassador Karen Kornbluh ([link removed]), Visiting Fellow

How long have you been working in digital rights? 

I’ve been working on digital issues since the 1990s when the internet was first being commercialized. I served in the Senate, then the Federal Communications Commission designing the E-rate program and heading the Office of Legislative and Intergovernmental Affairs, and then Treasury where I served as a member of President Clinton’s Internet task force.

What is the best book you've read recently? 

I’m a fan of memoirs and am currently loving Billie Jean King’s terrific book about her fight for women’s rights, All In.

What is the most recent cultural event you've attended? 

I recently attended a Pink Martini concert at Wolf Trap on a beautiful night with my family.

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