Biometric Age Verification Act
The Biometric Age Verification Act mandates the use of biometric technology, such as facial recognition, to enforce age restrictions on high-risk websites while safeguarding user privacy. It establishes strict requirements for data security, compliance, and oversight to prevent minors from accessing restricted content. This Act ensures compliance with age restrictions, protecting minors while maintaining high standards of privacy and data security.
Key Provisions
Mandatory Biometric Verification: High-risk websites hosting content like adult material, gambling platforms, and violent games must implement biometric age verification systems to confirm users are at least 18 years old.
Privacy Safeguards: Biometric data must be anonymized immediately after verification, encrypted during transmission and storage, and cannot be retained or used for other purposes.
Certification Requirements: Age verification systems must meet standards set by a state authority and undergo regular audits to maintain certification.
Regulatory Oversight: A designated state agency will oversee compliance, investigate complaints, and enforce penalties, including fines up to $500,000 for repeat violations or potential state-level access restrictions.
Public Awareness: Educational campaigns will inform consumers about the benefits and privacy protections of biometric age verification, with additional resources for parents and guardians.
User Reporting: A public system will allow users to report non-compliant websites to the regulatory authority.
Model Language
Section 1. Short Title: This Act may be cited as the “Biometric Age Verification Act.”
Section 2. Findings and Purpose
(a) Findings:
Minors increasingly have access to high-risk online content, including adult material, gambling platforms, and violent games, despite legal age restrictions.
Traditional age verification methods, such as self-certification, are insufficient to prevent minors from bypassing age restrictions.
Biometric age verification technology offers a reliable solution by using facial recognition or similar technologies to confirm users’ ages without storing sensitive personal data.
(b) Purpose: To mandate biometric age verification for high-risk websites, ensuring compliance with age restrictions while upholding strict privacy safeguards that prevent data misuse or retention.
Section 3. Definitions
High-Risk Websites: Websites hosting content restricted to individuals aged 18 or older, including but not limited to adult content sites, gambling platforms, and violent games.
Biometric Age Verification: A system that uses biometric data, such as facial recognition, to confirm a user’s age.
Biometric Data: Unique personal identifiers derived from facial features, fingerprints, or other biological characteristics used for authentication purposes.
Anonymization: The process of removing or obscuring personal identifiers from data to ensure it cannot be traced back to an individual.
Encryption: The use of technology to secure data and prevent unauthorized access during transmission or storage.
Data Retention: The storage of data beyond the immediate purpose for which it was collected.
Section 4. Biometric Age Verification Requirements
(a) Mandatory Implementation:
High-risk websites must implement biometric age verification systems to confirm users are at least 18 years old before granting access to restricted content.
Acceptable biometric technologies must comply with standards set by the [State Certification Authority] to ensure reliability and privacy protection.
(b) Privacy Safeguards:
Biometric data collected for age verification must be anonymized immediately upon successful verification.
Websites and service providers are prohibited from storing, sharing, or using biometric data for any purpose other than age verification.
(c) Certification of Systems: Biometric age verification systems must be certified by the [State Certification Authority] to ensure compliance with privacy and security standards.
Section 5. Oversight and Enforcement
(a) Regulatory Authority: The [State Consumer Protection Agency or equivalent body] shall oversee compliance with this Act, certify age verification systems, and investigate complaints of non-compliance.
(b) Penalties for Non-Compliance: Websites failing to implement biometric age verification systems shall face fines of up to $50,000 per violation. Repeat violations may result in increased fines of up to $500,000 and potential suspension of state access to the website.
(c) User Reporting Mechanism: The regulatory authority shall establish a public reporting system for users to report non-compliant websites.
Section 6. Privacy and Security Standards
(a) Data Anonymization: Biometric data must be anonymized immediately upon completion of the verification process to ensure it cannot be linked to an individual.
(b) Data Encryption: All biometric data must be encrypted during transmission and storage to protect against unauthorized access or breaches.
(c) Prohibition on Data Retention: Websites and verification service providers are prohibited from retaining biometric data beyond the duration necessary to complete the age verification process.
Section 7. Public Awareness Campaigns
(a) Consumer Education: The state shall conduct public awareness campaigns to educate users about the implementation of biometric age verification systems, their benefits, and the privacy safeguards in place.
(b) Resources for Parents and Guardians: The state shall provide educational materials to parents and guardians on the importance of biometric age verification in protecting minors from accessing high-risk content.
Section 8. Certification of Biometric Age Verification Providers
(a) Certification Standards: The [State Certification Authority] shall establish rigorous standards for biometric age verification providers, including accuracy, privacy, and security measures. Providers must undergo regular audits to maintain certification and demonstrate continued compliance.
(b) Approved Provider List: The state shall maintain a publicly accessible list of certified biometric age verification providers.
Section 9. Severability: If any provision of this Act is held invalid, the remaining provisions shall remain in full force and effect.
Section 10. Effective Date: This Act shall take effect 180 days after passage, with full compliance required within one year.