Requiring persons who operate certain internet sites, applications, or a segment of an internet site or application that contains material pornographic for minors to perform reasonable age verification

This bill requires persons who operate certain internet sites (sites), applications (apps), or a segment of a site or an app to perform reasonable age verification. The bill defines “application”, “commercial entity”, “digital identification”, “minor”, “mobile device”, “news-gathering organization”, “pornographic for minors”, “substantial portion”, and “transactional data”. The bill prohibits a person from operating a site, an app, or a segment of a site or an app, including on a social media platform, that contains a substantial portion of content pornographic for minors unless the person uses reasonable age verification to prevent minors from accessing the content pornographic for minors. Reasonable age verification includes requiring an individual to provide digital identification; a method that is commercially reasonable given the person’s scope of business and that relies on transactional data to verify an individual’s age; or a method approved by the attorney general by rule. The bill prohibits a person that performs reasonable age verification under the bill, including a third party that contracts with a person to perform reasonable age verification for the person, from retaining any identifying information of an individual subject to reasonable age verification unless retention of the identifying information is required by law or a court order. The bill requires a person that performs reasonable age verification under the bill, including a third party that contracts with a person to perform reasonable age verification for the person, to use reasonable methods given the person’s scope of business to secure all data collected and transmitted under the bill. The bill lists certain entities and situations to which the bill does not apply. The bill requires the attorney general to enforce the bill, seek injunctions for violations of the bill, and bring actions against a person thought to be in violation of the bill. Each time an individual accesses a site or application not in compliance with the bill constitutes a separate violation. A violation of the bill is punishable by a civil penalty of up to $1,000 per violation. A person in violation of the bill shall not accrue civil penalties of more than $10,000 in a single day. Civil penalties collected under the bill shall be deposited into the general fund of the state. The bill requires the attorney general to adopt rules to implement and administer the bill.