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 relates to certain commercial entities who publish or distribute certain material on the internet. The bill defines “covered platform”, “identifying information”, “information content provider”, “interactive computer service”, “obscene material”, “provider”, and “reasonable age verification”. The bill makes a covered platform liable if the covered platform fails to perform reasonable age verification of individuals attempting to access obscene material published or distributed by the covered platform. Reasonable age verification includes the use of government-issued identification, financial documents or other documents that are reliable proxies for age, or any other commercially reasonable and reliable method. Reasonable age verification may be performed by a third party subject to state jurisdiction (third party), and the bill permits the use of cryptographic techniques to preserve anonymity and protect privacy. A covered platform or third party is prohibited from retaining an individual’s identifying information after completing the individual’s reasonable age verification, and from distributing, selling, or disseminating an individual’s identifying information obtained through the performance of reasonable age verification. A covered platform or third party is subject to punitive damages for violations of the bill. Punitive damages cannot exceed triple the aggregate amount of a plaintiff’s reasonable attorney fees and costs. The bill’s provisions are not to be construed as to impose liability on a user of an interactive computer service on the internet. The bill’s provisions are not to be construed as to impose liability on a provider solely for providing access or connection to a covered platform, or to obscene material on an internet site or in a facility, system, or network not under the provider’s control. If the attorney general has reasonable belief that a covered platform, or third party, is in violation of the bill, the attorney general may bring a civil action to enjoin further violations, enforce compliance with the bill, assess a civil penalty in an amount not more than $10,000 for each violation, and provide other remedies permitted by law. If the attorney general has reasonable belief that a covered platform, or third party, is in violation of an injunction issued under the bill, the attorney general may bring a civil action to provide for civil penalties in an amount not more than $100,000. The bill allows individuals with knowledge of a violation to report the violation to the attorney general, and requires the attorney general to establish an electronic reporting system for the submission of reports of violations of the bill.