Five Age Verification Laws Slated to Take Effect in July
On July 1, age verification mandates in Idaho, Indiana, and Kansas are scheduled to take effect, followed by Kentucky on July 14 and Nebraska on July 18.
All five laws authorize private lawsuits against companies that do not force users to undergo identity verification to access adult websites. Indiana and Kansas also authorize their state attorneys general to impose civil penalties, including fines.
As we’ve seen in other states, the verification mechanisms authorized by these laws are not uniform:
Idaho
"Reasonable age verification methods" include verifying that the person seeking to access the material is eighteen (18) years of age or older by:
(a) Providing a digitized identification card as defined in this section; or
(b) Requiring that the person attempting to access the material complies with a commercial age verification system that verifies age in one (1) or more of the following ways:
(i) Government-issued identification; or
(ii) Public or private transactional data.
"Digitized identification card" means a data file available on any mobile device that has connectivity to the internet through a state-approved application that allows the mobile device to download a data file that contains all of the data elements visible on the face and back of a license or identification card and displays the current status of the license or identification card.
"Transactional data" means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event. Transactional data may include but is not limited to records from mortgage, education, and employment entities.
Indiana
"Reasonable age verification method" means a method of determining that an individual seeking to access a website containing material harmful to minors is not a minor by using one (1) or more of the following methods:
(1) A mobile credential.
(2) An independent third party age verification service that compares the identifying information entered by the individual who is seeking access with material that is available
from a commercially available data base, or an aggregate of data bases,that is regularly used by government agencies and businesses for the purpose of age and identity verification.
(3) Any commercially reasonable method that relies on public or private transactional data to verify the age of the individual attempting to access the material.
"Mobile credential" has the meaning set forth in IC 9-13-2-103.4.
"Transactional data" means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event. The term includes records that relate to a mortgage, education, or employment.
Kansas
Such age verification shall be conducted through the use of:
(1) A commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification; or
(2) any other commercially reasonable method of age and identity verification.
"Commercially reasonable method of age verification" means:
(A) Any method expressly approved by the attorney general; or
(B) any method that is certified in documented international standards for age verification as specified by the attorney general.
Kentucky
"Age verification" means verifying that the person seeking access to the matter is eighteen (18) years old or older, through any of the following methods:
(a) State-issued form of identification, including but not limited to an operator's license or personal identification card issued under KRS Chapter 186 that establishes age;
(b) Identification issued by any agency of the United States government that establishes age; or
(c) Any commercially reasonable method of identification that relies on public or private transactional data to verify that the person attempting to access the matter is at least eighteen (18) years of age or older;
"Transactional data" means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event, including but not limited to records from mortgage, utility, and education entities or other reliable document that establishes age.
Nebraska
Reasonable age verification method means a process to verify that the person attempting to access the material is at least eighteen years of age or older through the use of (i) a digitized identification card, including a digital copy of a driver's license, (ii) a government-issued identification, (iii) a financial document or other document that is a reliable proxy for age, or (iv) any commercially reasonable method that relies on public or private transactional data to verify the age of the person attempting to access the material;
Digitized identification card means a data file that contains all of the data elements visible on the face and back of a government-issued operator's license or identification card and displays the current status of the license or card;
Transactional data means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third-party used for the purpose of satisfying a request or event and includes records from mortgage, education, and employment entities.
Free Speech Coalition has filed a legal challenge to the law in Indiana, and is considering challenges in other states. While we do hope our motion for a preliminary injunction will keep the Indiana law from taking effect on July 1, businesses should proceed on the assumption that Indiana will begin enforcement as scheduled until a ruling is made.
