When Congress eventually reopens, the 2026 National Defense Authorization Act (NDAA) will be moving toward a vote. This gives us a chance to see the priorities of the Secretary of Defense and his Congressional allies when it comes to the military—and one of those priorities is buying technology, especially AI, with less of an obligation to prove it’s effective and worth the money the government will be paying for it. 

As reported by Lawfare, “This year’s defense policy bill—the National Defense Authorization Act (NDAA)—would roll back data disclosures that help the department understand the real costs of what they are buying, and testing requirements that establish whether what contractors promise is technically feasible or even suited to its needs.” This change comes amid a push from the Secretary of Defense to “Maximize Lethality” by acquiring modern software “at a speed and scale for our Warfighter.” The Senate Armed Services Committee has also expressed interest in making “significant reforms to modernize the Pentagon's budgeting and acquisition operations...to improve efficiency, unleash innovation, and modernize the budget process.”

The 2026 NDAA itself says that the “Secretary of Defense shall prioritize alternative acquisition mechanisms to accelerate development and production” of technology, including an expedited “software acquisition pathway”—a special part of the U.S. code that, if this version of the NDAA passes, will transfer powers to the Secretary of Defense to streamline the buying process and make new technology or updates to existing technology and get it operational “in a period of not more than one year from the time the process is initiated…” It also makes sure the new technology “shall not be subjected to” some of the traditional levers of oversight. 

All of this signals one thing: speed over due diligence. In a commercial technology landscape where companies are repeatedly found to be overselling or even deceiving people about their product’s technical capabilities—or where police departments are constantly grappling with the reality that expensive technology may not be effective at providing the solutions they’re after—it’s important that the government agency with the most expansive budget has time to test the efficacy and cost-efficiency of new technology. It’s easy for the military or police departments to listen to a tech company’s marketing department and believe their well-rehearsed sales pitch, but Congress should make sure that public money is being used wisely and in a way that is consistent with both civil liberties and human rights. 

The military and those who support its preferred budget should think twice about cutting corners before buying and deploying new technology. The Department of Defense’s posturing does not elicit confidence that the technologically-focused military of tomorrow will be equipped in a way that is effective, efficient, or transparent. 

If you've been following the wave of age-gating laws sweeping across the country and the globe, you've probably noticed that lawmakers, tech companies, and advocates all seem to be using different terms for what sounds like the same thing. Age verification, age assurance, age estimation, age gating—they get thrown around interchangeably, but they technically mean different things. And those differences matter a lot when we're talking about your rights, your privacy, your data, and who gets to access information online.

So let's clear up the confusion. Here's your guide to the terminology that's shaping these laws, and why you should care about the distinctions.

Age gating refers to age-based restrictions on access to online services. Age gating can be required by law or voluntarily imposed as a corporate decision. Age gating does not necessarily refer to any specific technology or manner of enforcement for estimating or verifying a user’s age. It simply refers to the fact that a restriction exists. Think of it as the concept of “you must be this old to enter” without getting into the details of how they’re checking. 

Think of age assurance as the catch-all category. It covers any method an online service uses to figure out how old you are with some level of confidence. That's intentionally vague, because age assurance includes everything from the most basic check-the-box systems to full-blown government ID scanning.

Age assurance is the big tent that contains all the other terms we're about to discuss below. When a company or lawmaker talks about "age assurance," they're not being specific about how they're determining your age—just that they're trying to. For decades, the internet operated on a “self-attestation” system where you checked a box saying you were 18, and that was it. These new age-verification laws are specifically designed to replace that system. When lawmakers say they want "robust age assurance," what they really mean is "we don't trust self-attestation anymore, so now you need to prove your age beyond just swearing to it."

Age estimation is where things start getting creepy. Instead of asking you directly, the system guesses your age based on data it collects about you.

This might include:

• Analyzing your face through a video selfie or photo
• Examining your voice
• Looking at your online behavior—what you watch, what you like, what you post
• Checking your existing profile data

Companies like Instagram have partnered with services like Yoti to offer facial age estimation. You submit a video selfie, an algorithm analyzes your face, and spits out an estimated age range. Sounds convenient, right?

Here's the problem, “estimation” is exactly that: it’s a guess. And it is inherently imprecise. Age estimation is notoriously unreliable, especially for teenagers—the exact group these laws claim to protect. An algorithm might tell a website you're somewhere between 15 and 19 years old. That's not helpful when the cutoff is 18, and what's at stake is a young person's constitutional rights.

And it gets worse. These systems consistently fail for certain groups:

• People of color are routinely misidentified (even Yoti's own research admits higher error rates for darker skin tones)
• Trans and nonbinary people are frequently misclassified
• People with disabilities that affect their appearance fall outside the algorithm's training parameters and anyone who doesn't fit the algorithmic "norm" gets flagged

When estimation fails (and it often does), users get kicked to the next level: actual verification. Which brings us to…

Age verification is the most invasive option. This is where you have to prove your age to a certain date, rather than, for example, prove that you have crossed some age threshold (like 18 or 21 or 65). EFF generally refers to most age gates and mandates on young people’s access to online information as “age verification,” as most of them typically require you to submit hard identifiers like:

• Government-issued ID (driver's license, passport, state ID)
• Credit card information
• Utility bills or other documents
• Biometric data

This is what a lot of new state laws are actually requiring, even when they use softer language like "age assurance." Age verification doesn't just confirm you're over 18, it reveals your full identity. Your name, address, date of birth, photo—everything.

Here's the critical thing to understand: age verification is really identity verification. You're not just proving you're old enough—you're proving exactly who you are. And that data has to be stored, transmitted, and protected by every website that collects it.

We already know how that story ends. Data breaches are inevitable. And when a database containing your government ID tied to your adult content browsing history gets hacked—and it will—the consequences can be devastating.

Politicians and tech companies love using these terms interchangeably because it obscures what they're actually proposing. A law that requires "age assurance" sounds reasonable and moderate. But if that law defines age assurance as requiring government ID verification, it's not moderate at all—it's mass surveillance. Similarly, when Instagram says it's using "age estimation" to protect teens, that sounds privacy-friendly. But when their estimation fails and forces you to upload your driver's license instead, the privacy promise evaporates.

Language matters because it shapes how we think about these systems. "Assurance" sounds gentle. "Verification" sounds official. "Estimation" sounds technical and impersonal, and also admits its inherent imprecision. 

Here's the uncomfortable truth: most lawmakers writing these bills have no idea how any of this technology actually works. They don't know that age estimation systems routinely fail for people of color, trans individuals, and people with disabilities. They don't know that verification systems have error rates. They don't even seem to understand that the terms they're using mean different things. The fact that their terminology is all over the place—using "age assurance," "age verification," and "age estimation" interchangeably—makes this ignorance painfully clear, and leaves the onus on platforms to choose whichever option best insulates them from liability.

Language matters because it shapes how we think about these systems. "Assurance" sounds gentle. "Verification" sounds official. "Estimation" sounds technical and impersonal, and also admits its inherent imprecision. But they all involve collecting your data and create a metaphysical age gate to the internet. The terminology is deliberately confusing, but the stakes are clear: it's your privacy, your data, and your ability to access the internet without constant identity checks. Don't let fuzzy language disguise what these systems really do.

There are no tricks in EFF's EFFector newsletter, just treats to keep you up-to-date on the latest in the fight for digital privacy and free expression. 

In our latest issue, we're explaining a new lawsuit to stop the U.S. government's viewpoint-based surveillance of online speech; sharing even more tips to protect your privacy; and celebrating a victory for transparency around AI police reports.

Prefer to listen in? Check out our audio companion, where EFF Staff Attorney Lisa Femia explains why EFF is suing to stop the Trump administration's ideological social media surveillance program. Catch the conversation on YouTube or the Internet Archive.

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Since 1990 EFF has published EFFector to help keep readers on the bleeding edge of their digital rights. We know that the intersection of technology, civil liberties, human rights, and the law can be complicated, so EFFector is a great way to stay on top of things. The newsletter is chock full of links to updates, announcements, blog posts, and other stories to help keep readers—and listeners—up to date on the movement to protect online privacy and free expression. 

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