Expert Evidence Register

---

Tony provides expert evidence services for a multitude of clients, both for the plaintiff or prosecutor and defendants. He has advised on cases involving the deployment of ID and age assurance processes, data privacy, age appropriate design and the assessment or measurement of age assurance efficacy. Some recent cases that he has given either oral or written testimony in are described below. 

LinkedIn Curriculum Vitae

NOTE: Not all cases or evidence are a matter of public record. Some are sealed or subject to attorney-client professional privilege. However, where they are a matter of public record, they are summarised below:

In the NetChoice, LLC v. Tim Griffin case, Tony Allen, retained as an expert by the Defendant Attorney General, provided oral testimony and a declaration at the preliminary hearing stage on the technical processes and standards used in online age verification systems. He explained methods such as digital ID verification, document authentication, and AI-based age estimation. He also discussed the practical challenges of implementing Arkansas' Social Media Safety Act 689, highlighting its requirements for social media platforms to verify users' ages and obtain parental consent for minors. He emphasized the potential privacy risks and the technical difficulties of ensuring reliable parental consent verification. 

U.S. District Court for the Western District of Arkansas

NetChoice, LLC v. Griffin, No. 5:23-CV-05105 (W.D. Ark. 2023).

In FSC v. Paxton, Tony Allen serves as an expert witness appointed by the Attorney General, offering insights on the technological and privacy challenges related to age verification mechanisms in Texas's H.B. 1181. He discusses the complexities of implementing AI-based age estimation, biometric verification, and the associated privacy concerns. He highlights the significant advances that have been made in age assurance online since the 2004 Ashcroft case before SCOTUS (the last time age verification was properly considered). This case challenges Texas’s law for its alleged violations of First Amendment rights and is due to be heard in the 2024/25 session.

Supreme Court of the United States

Free Speech Coalition, Inc. v. Paxton, No. 23-1122 (2024)

In the case of Irish Data Protection Commission v. TikTok Technology Ltd, Tony Allen contributed as an expert witness appointed by the Defendant company, focusing on TikTok's age verification measures during the GDPR inquiry. His insights centered around assessing whether TikTok's age assurance mechanisms, particularly for users under 13, were compliant with GDPR requirements during the relevant period. He evaluated the technical measures and the potential risks associated with TikTok's default settings and family pairing feature. His analysis was vital in determining the applicable standards and state-of-the-art at the relevant time in safeguarding children's data.

 Irish Data Protection Commission v. TikTok Technology Ltd, Decision No. IN-20-6-12 (2023)  

Tony Allen, an expert in age assurance, provided crucial testimony in the case Rosie Yanas et al. v. Antonios Pagourtzis et al, regarding the sale of ammunition without age verification. His expertise helped illustrate the failure of online platforms to prevent underage buyers, like Dimitrios Pagourtzis, from purchasing ammunition, contributing to the tragic Santa Fe High School shooting. Allen emphasized the lack of appropriate age-verification measures that could have flagged such transactions.

Galveston County Court, Texas

Rosie Yanas et al. v. Antonios Pagourtzis et al., No. 3:19-cv-00129

In the case Free Speech Coalition, Inc. v. Todd Rokita, Tony Allen served as an expert witness for the defense, focusing on the technical and privacy requirements of Indiana's Senate Bill 17, which mandates age verification for adult-oriented websites. His testimony addressed the practical implementation of age verification measures and addressed the inadequacy of parental controls and supervision, the limited impact of VPNs and the technological advancements that secure privacy preserving approaches to age verification. 

US District Court for the Southern District of Indiana, Indianapolis Division

Free Speech Coalition, Inc. v. Rokita, No. 1:24-cv-00980 (S.D. Ind. 2024).

In the case Free Speech Coalition, Inc. v. James M. LeBlanc, Tony Allen served as an expert witness for the defense, focusing on the technical advancements and privacy preserving nature of age verification. Louisiana’s Act 440, which went into effect on January 1, 2023, is an age verification law designed to prevent minors from accessing online content deemed harmful, specifically pornography. The law mandates that websites containing 33.3% or more adult content implement a "reasonable age verification method" such as requiring users to submit government-issued identification or utilize third-party age verification services. These measures ensure that only individuals aged 18 and above can access such content. ​

US District Court for the Eastern District of Louisiana

Free Speech Coalition, Inc. v. LeBlanc, No. 2:23-cv-02123 (E.D. La. 2023).

In the case of Free Speech Coalition, Inc. v. Angela Colmenero, Tony Allen provided expert oral testimony at the preliminary hearing for the Acting Attorney General. He focused on the technical aspects of age verification, analyzing the methods mandated by Texas's H.B. 1181 law. His testimony discussed the feasibility and ease of implementing the law's requirements in a cost-effective and privacy-preserving manner​. The 5th Circuit Court of Appeals assessed Tony Allen's expert testimony on the technical and privacy implications of age verification methods mandated by the law and in a 2:1 majority opinion supported his analysis.  

U.S. District Court for the Western District of Texas

Free Speech Coalition, Inc. v. Colmenero, No. 1:23-cv-00917  ​

US 5th Circuit Court of Appeals, New Orleans, Louisiana 

Free Speech Coalition, Inc. v. Colmenero, No. 23-50627 (5th Cir. 2024) 

This case has progressed as Free Speech Coalition, Inc. v. Paxton, No. 23-1122 (2024) to the Supreme Court of the United States (see above)

In the case Free Speech Coalition, Inc. v. Jess L. Anderson, Tony Allen served as an expert witness instructed by the Defendant Attorney General, providing critical testimony regarding the technical implementation of Utah's age verification law. In defense of Utah's age verification law, which mandates adult websites to verify users' ages before granting access to explicit content, the Utah Attorney General successfully motioned for a dismissal of the lawsuit brought by the Free Speech Coalition. The coalition argued that the law violated First and Fourteenth Amendment rights. However, the court ruled that state officials, including the Attorney General and the Commissioner of Public Safety, were not directly involved in enforcing the law, as enforcement relied on private lawsuits from Utah citizens. The case was dismissed in August 2023.  

US District Court for the District of Utah 

Free Speech Coalition, Inc. v. Jess L. Anderson, No. 2:23-cv-00389 (D. Utah 2023).

In the case Netchoice. v. Jonathan Skrimetti, Tony Allen was instructed as an expert witness by the Defendant Attorney General. The case related to Tennessee House Bill 1891 due in force January, 1 2025 and requiring Social Media Companies to verify the age of applicants for new accounts and, if they were under 18, to gain parental consent for the minor to have an account. Then, to provide certain parental controls for that user account. The Act actually says very little about age verification, so the expert declaration provided context and approaches to age assurance technologies, their relative merits, costs and a response to some of the specific aspects of Declarations served by the Plaintiff. 

US District Court for the Middle District of Tennessee 

Netchoice. v. Jonathan Skrmetti No. 3:24cv01191 (MD. TN 2024).