A bill for an act
relating to consumer protection; requiring age verification for websites with material
harmful to minors; providing for enforcement by the attorney general; creating a
private right of action; proposing coding for new law in Minnesota Statutes, chapter
325F.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Host" means to provide the technology and resources necessary to store and maintain
the electronic files and applications associated with a website on a computer server, in order
for the website to be accessible via the Internet. For purposes of this section, an Internet
service provider does not host a website.
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(c) "Identifying information" means any information that is linked or reasonably linkable
to an identified or identifiable natural person.
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(d) "Interactive computer service" means any information service, system, or access
software provider that provides or enables computer access by multiple users to a computer
server, including (1) a service or system that provides access to the Internet, and (2) systems
operated or services offered by libraries or educational institutions.
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(e) "Intimate parts" means the genitals, pubic area, or anus of an individual. If the
individual is female, intimate parts includes a partially or fully exposed nipple.
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(f) "Material harmful to minors" means a text, sound recording, image, video, or similar
representation or depiction that:
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(1) the average person, applying contemporary community standards and evaluating the
material (i) as a whole, and (ii) with respect to minors, would determine is designed to
appeal to or pander to the prurient interest;
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(2) in a manner patently offensive with respect to minors, exploits, is devoted to, or
principally consists of representations or descriptions of actual, simulated, or animated
display or depiction of intimate parts, sexual contact, sexual penetration, bestiality,
sadomasochistic abuse, excretory functions, exhibitions, or other sexual acts; and
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(3) taken as a whole lacks serious literary, artistic, political, or scientific value for minors.
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(g) "Sexual contact" means the intentional touching of intimate parts or intentional
touching with seminal fluid or sperm onto another person's body.
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(h) "Sexual penetration" means any of the following acts:
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(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
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(2) any intrusion, however slight, into the genital or anal openings of an individual by
another's body part or an object used by another for this purpose.
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(i) "Shares or distributes" means to display or present material or make material available
for download, with or without consideration.
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(a) A person who knowingly (1) shares or distributes
material that is harmful to minors on a website where the material appears on 25 percent or
more of the webpages viewed on the website in any calendar month, or (2) hosts a website
that meets the criteria under clause (1) must verify that any individual who is a resident of
Minnesota or who is located in Minnesota at the time of the attempted access is 18 years
of age or older.
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(b) It is a violation of this section to allow an individual to access a website identified
under paragraph (a) without verifying that the individual is 18 years of age or older. Required
age verification must be conducted through the use of:
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(1) a commercially available database that is regularly used by businesses or governmental
entities to verify age and identity; or
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(2) any other commercially reasonable method to verify age and identity approved by
the commissioner of commerce.
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(c) The commissioner of commerce may review and approve reliable methods to verify
age and identity for purposes of this section. The commissioner's approval under this
paragraph is not subject to the rulemaking provisions of chapter 14 and section 14.386 does
not apply.
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(a) A person who performs the age verification required by
subdivision 2 must not retain any identifying information submitted by an individual to
verify age.
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(b) A person who knowingly retains identifying information of an individual in violation
of paragraph (a) is liable to the individual for damages resulting from the retention, including
reasonable attorney fees and costs as ordered by the court.
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(a) A person who accesses a website without
verifying the person's age in violation of this section may report the violation to the attorney
general. Upon receipt of a report made under this paragraph, the attorney general must
investigate and may bring a civil enforcement action and recover the relief provided in
section 8.31. Each instance that a website is accessed in violation of this section constitutes
a separate violation.
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(b) The parent or legal guardian of a minor who accesses a website without verifying
the minor's age in violation of this section may bring a civil action against the person who
violated this section to recover damages, together with costs and disbursements, including
reasonable attorney fees, and receive other equitable relief determined by the court. In
addition to any other damages and relief awarded, a person who violates this section may
be liable for a civil penalty of not more than $25,000 per violation.
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Nothing in this section imposes an obligation or liability on an
Internet service provider or the user of an interactive computer service.
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