Balancing Rights and Regulations

June 18, 2024

Indiana Attorney General Todd Rokita

Office of the Indiana Attorney General

Indiana Government Center South

302 W. Washington St., 5th Floor

Indianapolis, IN 46204

Phone: (317) 232-6201

Fax: (317) 232-7979

Dear Indiana Attorney General Todd Rokita,

I am writing to express my concerns regarding the recently implemented online age verification laws and their implications on privacy, personal freedom, and economic opportunities, particularly for small business owners like myself. As a semi-finalist for the 2024 National Pride Fund Grant, I have a vested interest in the equitable treatment and privacy of all individuals, especially those in the LGBTQIA+ community.

The primary privacy concerns arise from the type of data collected during the age verification process and its potential misuse. Key questions include, "What kind of data is collected for age verification?" and "How will this data be used?" The worst-case scenario involves the direct collection of individuals' names and the specific websites they are accessing. Such practices could lead to the creation of lists that identify users of certain content, which could then be used to target specific groups, such as LGBTQIA+ individuals.

Recently, I attended the Pride celebration at Military Park. Although it had been some time since my last visit, I was eager to join the festivities. I walked for 45 minutes to get there and learned that there was now an entrance fee, which someone else kindly offered to pay for me. Upon arrival, I was informed that only clear bags were allowed inside the park, a change from previous years when bag restrictions were not enforced. This new rule is a response to the increasing number of hate crimes, a reality that saddened me. However, I understand and respect the rationale behind this decision, as it aims to ensure the safety of all attendees.

This experience highlights the importance of thoughtful and protective measures in public spaces. Similarly, in the digital realm, privacy and security must be carefully balanced to protect individuals from potential harm while ensuring their freedoms and rights are preserved.

As a resident of Indiana and a professional with over thirty years of experience in various fields including administrative assistance, customer relations, and creative arts, I find these regulations both intrusive and detrimental. Below, I outline my primary concerns:

Infringement on Free Speech:

The First Amendment of the United States Constitution protects the freedom of speech. The implementation of mandatory digital age verification systems imposes undue restrictions on adults who wish to access lawful content. These measures equate to censorship and violate the principles of free expression.

Unnecessary Exposure of Personal Information:

Age verification often requires the disclosure of sensitive personal information, such as government-issued IDs or biometric data. This not only compromises individual privacy but also increases the risk of identity theft and data breaches.

Potential Impacts on Privacy and Security:

a) Exposure of Sensitive Information:

Collecting personal data, such as names and browsing habits, increases the risk of misuse and data breaches. If this information were to fall into the wrong hands, it could lead to targeting and discrimination against certain groups.

b) Risk of Profiling and Targeting:

The aggregation of data on individuals' browsing habits could result in profiling, making it easier for malicious entities to target vulnerable groups. This is particularly concerning for marginalized communities, including LGBTQIA+ individuals.

Impact on Businesses in the Adult Entertainment Industry:

As the owner of Delcia Secrets Contoured LLC, a bespoke lingerie line, these regulations pose significant challenges. My business caters to a mature audience, and the additional barriers imposed by age verification can deter potential customers, reducing revenue and stifling growth. The adult entertainment industry, like any other, contributes to the economy and provides numerous jobs, from models to production crews. Hindering its operations will lead to economic losses and job cuts.

Hypocrisy and Double Standards:

It is hypocritical to enforce stringent regulations on adult content when the same regulators engage in similar behaviors in their private lives. This double standard undermines the credibility of the regulations and their purported intentions.

Mental Health Implications:

Restricting access to adult content and imposing age verification can contribute to increased mental health issues. Human sexuality is a natural aspect of life, and its repression can lead to frustration and aggression. Moreover, the end of VPN services like Google One VPN on June 20, 2024, exacerbates the situation by further reducing privacy and security online.

Economic Impact:

Restricting access to adult content will not only impact businesses like mine but also broader sectors such as advertising and entertainment. For example, the potential for exclusive movies on platforms like Pornhub and mainstream channels can drive substantial revenue, create jobs, and promote artistic expression.

My Professional Background and Achievements

As the owner of Delcia Secrets Contoured LLC, a bespoke lingerie line, I have worked tirelessly to build a business that caters to a mature audience. I have recently completed the Founder's First Passport to Funding program and received my certificate of completion. This program has been instrumental in preparing me to secure funding and grow my business. I am proud to be a semi-finalist for the 2024 National Pride Fund Grant, an initiative that supports LGBTQIA+ small businesses with grants totaling $25,000. This opportunity is a testament to my dedication and the potential impact of my business on the community.

Recent Community Engagement:

On June 13, 2024, I was on my way to the Central Indianapolis Public Library for my first audition to sing the leading role in a Christian play, "The Den," directed by Eleeyes Y. Reeves, BA BGA LAT. During the bus ride, I had an unexpected but positive experience with the IndyGo Cares program, where I was interviewed by Channel 13 WTHR. This was a pleasant surprise, as I was not aware of a recent incident where an IndyGo bus caught fire, causing significant damage and raising safety concerns. Incidentally, this is the same bus route I frequently use, and my friend, a poet, recently reported similar concerns due to route changes.

I often take this bus to donate at the Grifols Plasma Center located at 3620 North Post Road, Indianapolis, Indiana 46226. Although the compensation for donations has recently decreased, I continue to visit twice a week. Recently, I auditioned and was approved by Mrs. Courtney to sing and perform poetry at their first community event. I am honored by this opportunity and hope to sell a significant amount of merchandise and books at the event. I pray to be alive, thriving, and prospering to see my successes come to life.

Economic Implications for Small Businesses:

Barriers to Business Growth:

The additional hurdles imposed by age verification laws can deter potential customers, reducing revenue and stifling business growth. This is especially true for businesses in the adult entertainment industry, which contribute significantly to the economy.

Creation of Jobs and Economic Opportunities:

My business not only provides high-quality products but also creates jobs for models, production crews, and other professionals. Restricting access to adult content hampers these economic opportunities and impacts job creation.

African American Business and Progression Statistics:

The growth and economic impact of African American-owned businesses highlight the importance of supporting diverse entrepreneurs. According to the U.S. Census Bureau's Annual Business Survey, the number of African American-owned businesses increased by 34.5% from 2007 to 2018, rising from approximately 1.9 million to over 2.6 million. These businesses contribute over $150 billion in annual revenue and employ nearly one million workers, according to the U.S. Department of Commerce's Minority Business Development Agency (MBDA).

Despite this growth, African American entrepreneurs face significant barriers. The Federal Reserve's 2021 Small Business Credit Survey indicated that only 13% of African American-owned businesses received the full amount of financing they applied for, compared to higher rates for their white counterparts. This underscores the need for initiatives like the National Pride Fund Grant and Founders First CDC, which provide crucial funding and resources to help diverse founder-led companies thrive.

Educational attainment also plays a significant role in business success. A report from the National Bureau of Economic Research (NBER) found that African American business owners with a bachelor's degree or higher are more likely to have successful and profitable businesses.

Supporting African American entrepreneurs not only fosters economic growth but also promotes diversity and inclusion in the business community. By addressing the challenges and providing necessary support, we can ensure that African American-owned businesses continue to thrive and contribute positively to the economy.

Personal and Family Background:

I also want to highlight my family’s commitment to public service and community involvement. My father, Irvin Walker, recently retired as a supervisor at the Finance Center at Fort Benjamin Harrison and served as a lieutenant in the army. He is actively affiliated with an organization called Blacks in Government, which underscores our family’s dedication to civic duty and equality.

Conclusion

In conclusion, I urge you to reconsider the online age verification laws and their broader implications. It is crucial to balance the protection of minors with the preservation of adult freedoms, privacy, and economic opportunities. Efforts should focus on educating parents and guardians on monitoring their children’s internet usage, rather than imposing restrictive measures on adults.

"I believe our primary objective with this report is to provide policymakers and the general public with a comprehensive technical understanding of age verification processes, as well as the trade-offs and challenges associated with implementing various AV solutions," stated Trivedi. "There is no one-size-fits-all AV solution. Our report's table aims to outline a diverse range of practices."

Source: Trivedi, as cited in "State Online Age Verification Requirements Report 2024," StateScoop. Retrieved from https://statescoop.com/state-online-age-verification-requirements-report-2024/

In my opinion, the time frame provided is insufficient time to adequately inform the public.

Thank you for your attention to this matter. I am available for further discussion and would appreciate the opportunity to provide additional insights from my professional perspective.

Sincerely,

Denelsia Walker

LinkedIn Profile: https://www.linkedin.com/in/denelsia-walker

APA Citation

1. ChatGPT by OpenAI. (2024). ChatGPT [Large language model]. Retrieved June 13, 2024, from https://www.openai.com/chatgpt

2. U.S. Census Bureau. (2018). Annual Business Survey. Retrieved June 13, 2024, from https://www.census.gov/programs-surveys/abs.html

3. U.S. Department of Commerce, Minority Business Development Agency (MBDA). (n.d.). Minority-Owned Businesses in the United States. Retrieved June 13, 2024, from https://www.mbda.gov

4. Kauffman Foundation. (2020). Rate of New Entrepreneurs. Retrieved June 13, 2024, from https://www.kauffman.org

5. Federal Reserve. (2021). Small Business Credit Survey: Report on Minority-Owned Firms. Retrieved June 13, 2024, from https://www.fedsmallbusiness.org

6. Muñiz, L. B. (2024, June 13). ‘You will lose access’: Pornhub warns Hoosier users of exit as age verification law takes effect. Indiana Capital Chronicle. Retrieved June 13, 2024, from https://indianacapitalchronicle.com/briefs/you-will-lose-access-pornhub-warns-hoosier-users-as-state-prepares-to-enact-age-verification-law/

7. National Bureau of Economic Research (NBER). (n.d.). The Impact of Educational Attainment on Business Success. Retrieved June 13, 2024, from https://www.nber.org

8. Founders First CDC. (2024). National Pride Fund Grant. Retrieved June 13, 2024, from https://www.prweb.com/releases/founders-first-cdc-announces-the-2nd-annual-national-25000-pride-grant-for-lgbtqia/release.htm

9. WTHR. (2024). IndyGo bus catches fire on Indy's near north side. Retrieved June 13, 2024, from https://www.wthr.com

10. United States Department of Justice. (2024). Indianapolis Man Federally Charged for Setting Fire to IndyGo Bus and Bus Station in April Causing Injury and $2.1 Million in Damages. Retrieved June 13, 2024, from https://www.justice.gov/usao-sdin