The court ruling on TOS formation and arbitration centers around the case involving Adult Friend Finder service and their age-authentication procedures. The plaintiffs argue that using biometric-based age authentication violates privacy laws, exposing the dilemma internet services face when complying with government regulations. This challenges the push for mandatory age authentication and questions how it can be achieved in a privacy-sensitive manner. The court addresses the relationship between Adult Friend Finder and Confirm ID, ultimately sending the case to arbitration. While the court finds the sign-up screens for TOS formation reasonably conspicuous, improvements could have been made. The case citation is Murphy v. Confirm ID, Inc., 2025 WL 603598 (E.D. Cal. Feb. 25, 2025).
https://blog.ericgoldman.org/archives/2025/02/another-conflict-between-privacy-laws-and-age-authentication-murphy-v-confirm-id.htm