HB 1063

Bill Subjects

Children And Minors; Generally Civil Law And Procedure; Liabilities, Damages, And Penalties Obscenity And Pornography State Elected Officials; Attorney General Technology; Communication (Including Internet, Phone Lines, Print Media, Radio, And Television) Technology; Cyber Security, Data Privacy, And Identity Theft

Abstract

Requires an adult oriented website operator that displays material harmful to minors to use a reasonable age verification method to prevent a minor from accessing an adult oriented website. Creates a cause of action to permit: (1) the parent or guardian of a child harmed by a violation of the age verification requirement to obtain monetary damages, injunctive relief, and reasonable attorney's fees; and (2) the attorney general to bring an action based on a violation of the age verification requirement or data retention requirements to obtain injunctive relief, and, after providing notice and an opportunity to cure, a civil penalty of not more than $5,000 per day of violation. Prohibits a person that conducts age verification from: (1) retaining the identifying information of an individual seeking to access an adult oriented website; (2) using identifying information for a purpose other than age verification; or (3) collecting identifying information that is not reasonably necessary for purposes of age verification. Permits an individual whose identifying information is misused to bring an action to obtain monetary damages, injunctive relief, and reasonable attorney's fees.