Expert Evidence Register

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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, subject to protective orders or subject to attorney-client professional privilege. However, where they are a matter of public record, they are summarised below:

Tony Allen, retained as an expert by the Office of the Attorney General Utah, to review the materials provided by the Plaintiffs and offer an opinion on the availability, feasibility and cost of implementation of VPN detection technology, geolocation technology and age assurance technology.

U.S. District Court for the Central District of Utah

AYLO FREESITES LTD and AYLO GROUP LTD v. UTAH DIVISION OF CONSUMER PROTECTION; KATIE HASS, in her official capacity as Director of the Utah Division of Consumer Protection, UTAH DEPARTMENT OF COMMERCE; and MARGARET BUSSE, in her official capacity as Executive Director of the Utah Department of Commerce,  Case 2:26-cv-00340  (MD. UTA. 2026) 

NetChoice, LLC v. Hilgers case, Tony Allen, retained as an expert by the Defendant Attorney General, to provide testimony on the systems, processes and procedures that may be available to social media companies to discharge their responsibilities under Nebraska's Parental Rights in Social Media Act that was enacted in 2025 pursuant to Legislative Bill 383. I have also been asked to provide definitions and context in use for some of the terminology used in Nebraska's law.  

U.S. District Court for the District of Nebraska

NetChoice, LLC v. Michael Hilgers, No. 4:26-cv-03149 (D. Neb. 2026) 

Tony Allen, retained as an expert by the Defendant Company, to review materials relating to age assurance, age-gating and youth access prevention measures associated with the sale of ZYN nicotine pouch products in the United States during the period in which ZYN products were available in the United States up to December 2025 and to provide independent expert opinion evidence within your area of expertise concerning the adequacy and reasonableness of the Defendants’ measures, including in response to opinions expressed by other experts in this matter.

U.S. District Court for the Middle District of Florida

Daryll Maultsby v  Philip Morris International, Inc., Swedish Match North America, LLC., Swedish Match USA, Inc., Philip Morris Global Brands, Inc. and PMI Global Services, Inc. , No.  
8:2025cv02081  (M.D. Fla. 2025).

NetChoice, LLC v. Murrill & Dupree case, Tony Allen, retained as an expert by the Defendant Attorney General, provided a declaration and deposition over two sessions with Plaintiff's Counsel. The case relates to Louisiana's social media restrictions SB 162.  He explained methods such as digital ID verification, document authentication, and AI-based age estimation. The case also drew on the outcomes of the Australian Age Assurance Technology Trial (www.ageassurance.com.au) which Mr Allen led as Project Director. 

U.S. District Court for the Middle District of Lousiana

NetChoice, LLC v. Liz Murrill & Mike Dupree, No. 25-cv-231-JWD-RLB (M.D. LA. 2025).

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).