ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	House: JUD DPA 6-3-0-0

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HB 2112: internet pornography; minors; age verification

Sponsor: Representative Kupper, LD 25

House Engrossed

Overview

Adds a new chapter to Title 18 of the Arizona Revised Statutes mandating age verification for online access to sexual material that is harmful to minors (pornography).

History

A.R.S. Title 18 relates to information technology, including chapters on government information technology; governmental reporting of information; the property technology sandbox; and network access, services and security.

Provisions

1. Requires commercial entities that knowingly and intentionally distribute material on a website, of which more than one-third is pornography, to use reasonable methods to verify that users are 18 years or older. (Sec. 1)

2. Directs said entities to verify age by requiring users to either:

a) provide digital identification; or

b) utilize a commercial age verification system, that may use either government-issued identification or transactional data. (Sec. 1)

3. Prohibits those who perform the age verification from retaining any identifying information on individuals. (Sec. 1)

4. Stipulates that the age verification must not cause or allow a user's identifying information to be transmitted to any government entity. (Sec. 1)

5. Specifies that this Act does not apply to news organizations. (Sec. 1)

6. Specifies that this Act does not apply to internet service providers, search engines or cloud service providers — provided they are not creating the pornographic content. (Sec. 1)

7. Grants the parents and guardians of minors who accessed pornography in violation of this Act a right of action against an offending party. (Sec. 1)

8. Directs the court to award, to a successful plaintiff, penalties against an entity in violation of this Act in an amount of up to:

a) $10,000 per day for failure to comply with age verification;

b) $10,000 per instance of retaining identifying user data;

c) $250,000 if one or more minors accesses pornography due to the entity's violation of the age verification requirements of this Act. (Sec. 1)

9. Outlines factors that a court must consider when determining the amount of a civil penalty to be imposed. (Sec. 1)

10. Permits the attorney general or qui tam plaintiff to recover reasonable attorney fees and costs. (Sec. 1)

11. Specifies that any legal action brought pursuant to this Act must redact the names and personal identifying information of users prior to production. (Sec. 1)

12. Defines:

a) commercial entity;

b) digital identification;

c) distribute;

d) minor;

e) news-gathering organization;

f) publish;

g) sexual material that is harmful to minors; and

h) transactional data. (Sec. 1)

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                        HB 2112

Initials NM    Page 0 House Engrossed

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