Comprehensive Digital Age Gate Act

The Comprehensive Digital Age Gate Act enhances online safety for minors by mandating robust age verification systems on websites hosting sensitive content, including gambling platforms, violent games, and other age-restricted materials. The Act aims to safeguard minors, promote public awareness of safe browsing practices, and ensure compliance through oversight and enforcement mechanisms. 

Key Provisions

  • Mandatory Age Gate Implementation: Websites hosting sensitive content must implement digital age gates requiring users to verify their age. Age gates must comply with privacy safeguards, ensuring personal information is anonymized, encrypted, and used solely for verification purposes.Content providers with alternative effective methods may seek exemptions.

  • Public Education Campaigns: The state will conduct awareness campaigns to educate parents, educators, and minors about:

    • Risks associated with sensitive online content.

    • The role of age gates in ensuring safety.

    • Best practices for secure browsing, including parental controls. Age-appropriate resources will be distributed to schools, made publicly accessible online, and supplemented with annual training sessions for educators and parents.

  • Oversight and Compliance: A regulatory authority will ceritiy age verification providers and investigate non-compliance and impose penalties. Penalties include fines up to $50,000 per violation, with stricter measures for repeat offenders, including temporary suspension of state access to non-compliant websites.

  • Transparency and Accountability:  The regulatory authority will publish annual reports on website compliance rates and enforcement actions. The state education department will evaluate and report the reach and impact of online safety education efforts. Websites failing to comply face fines and potential suspension of their services within the state.

Model Language

Section 1. Short Title: This Act may be cited as the “Comprehensive Digital Age Gate Act.”

Section 2. Findings and Purpose

(a) Findings: Certain online content, including gambling, violent games, and other sensitive material, is legally or ethically inappropriate for minors. Existing age verification methods, such as self-certification, are insufficient to prevent underage access to sensitive content. Implementing digital age gates across websites featuring sensitive content, combined with public education on safe browsing practices, can enhance online safety for minors.

(b) Purpose: To mandate robust age verification systems for websites featuring sensitive content and to promote public awareness of online safety practices.

Section 3. Definitions

Sensitive Content: Any material legally restricted or generally deemed unsuitable for minors, including but not limited to:

  1. Gambling platforms.

  2. Websites or games featuring graphic violence.

  3. Other content deemed sensitive by regulatory authorities.

Age Gate: A system or mechanism requiring users to verify their age before accessing sensitive content.

Age Verification Provider: An entity offering services to confirm a user’s age through ID checks, third-party verification, or other reliable methods.

Digital Safe Browsing Practices: Guidelines and educational resources designed to help parents, educators, and minors navigate the internet safely.

Section 4. Age Gate Requirements

(a) Mandatory Implementation:

  1. Websites hosting sensitive content must implement a digital age gate to ensure users confirm they are of legal age before accessing the material.

  2. Acceptable methods of age verification include:

    1. Government-issued ID checks.

    2. Third-party age verification services.

    3. Other methods certified by the [State Certification Authority].

(b) Privacy Safeguards:

  1. Personal information collected must not be retained, shared, or used for purposes other than age verification purposes..

  2. Age gates must comply with state and federal privacy laws, including data anonymization and encryption requirements.

(c) Exemptions: Content providers that can demonstrate alternative, equally effective methods of restricting access to minors may apply for an exemption from age gate requirements.

Section 5. Public Education on Online Safety

(a) Statewide Education Campaign: The [State Education Department] shall develop and implement public education campaigns to inform parents, educators, and minors about:

  1. The risks associated with accessing sensitive online content.

  2. The importance of age gates for online safety.

  3. Best practices for safe browsing, including parental controls and secure internet use.

(b) Resources for Schools and Families:

  1. Age-appropriate online safety materials shall be distributed to schools and made publicly available on state websites.

  2. Annual training sessions for educators and parents on utilizing online safety tools, including age gates.

Section 6. Oversight and Enforcement

(a) Regulatory Authority: The [State Certification Authority] shall oversee compliance with this Act, certify age verification methods, and investigate non-compliance.

(b) Reporting Non-Compliance: Individuals or organizations may report non-compliant websites to the regulatory authority, which shall investigate and impose penalties as necessary.

(c) Penalties for Non-Compliance:

  1. Websites failing to implement age gates for sensitive content shall be subject to fines of up to $50,000 per violation.

  2. Repeat offenders may face increased fines and temporary suspension of state access to their services.

Section 7. Certification Program for Age Verification Providers

(a) Certification Standards: Age verification providers must meet rigorous standards for security, privacy, and accuracy to receive state certification.

(b) Website Compliance Support: Certified providers shall assist websites in implementing compliant age gates and maintaining user privacy.

Section 8. Annual Reporting

(a) Transparency Report: The regulatory authority shall publish an annual report detailing:

  • The number of websites implementing age gates.

  • Compliance rates and enforcement actions taken.

  • Public feedback on the effectiveness of age gates.

(b) Evaluation of Educational Campaigns: The [State Education Department] shall submit an annual report evaluating the reach and impact of public education efforts on online safety.

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.

Download Model Bill Language