Protect Our Children Act

The Protect Our Children Act mandates that websites hosting adult content implement verifiable proof-of-age systems to prevent minors from accessing explicit material. By requiring age checks through secure and proven methods, the Act aims to create a safer digital environment while upholding user confidentiality and data protection.

Key Provisions

  • Mandatory Age Verification: Websites must implement systems verifying users are 18 or older, using government-issued IDs or approved third-party methods.

  • Confidentiality and Security: Websites are required to safeguard user data, encrypt personal information, and prohibit unnecessary retention of data.

  • Enforcement Mechanisms: Non-compliance results in fines up to $50,000 per day and potential website restrictions for repeat violations.

  • Oversight and Accountability: A state agency will monitor compliance, conduct audits, and respond to public complaints about violations.

  • Public Awareness Campaigns: Educational efforts will inform stakeholders about online safety and age-appropriate content guidelines

Model Language

Section 1: Short Title: This Act shall be known as the “Protect Our Children Act.”

Section 2: Findings and Declarations

  1. Protecting minors from accessing adult content is a critical public interest.

  2. Technology exists to effectively verify user ages without compromising confidentiality or data security.

  3. Requiring age verification systems aligns with broader efforts to create a safer online environment for children.

Section 3: Definitions

Adult Content: Material primarily intended for individuals 18 years or older, including pornography, explicit images, or videos with sexual content.

Proof of Age: A verifiable method of confirming a user’s age, including government-issued identification or third-party verification systems.

User Confidentiality: Safeguards ensuring that age verification processes do not expose personal or sensitive information to unauthorized parties.

Section 4: Age Verification Requirements

Mandatory Age Checks: Websites hosting adult content must implement systems to verify that users are at least 18 years old.

Acceptable Verification Methods:

  1. Government-issued ID verification (e.g., driver’s license or passport).

  2. Third-party age verification services that meet state security standards.

  3. Other proven methods approved by the State Oversight Authority.

Section 5: Confidentiality and Data Security: Websites must:

  1. Employ encryption and data protection measures to safeguard user information.

  2. Prohibit retention of personal data beyond the age verification process unless explicitly authorized by the user.

  3. Submit to annual audits to ensure compliance with data security requirements.

Section 6: Enforcement and Penalties

State Oversight Authority: A designated agency shall monitor compliance, conduct audits, and respond to complaints regarding violations.

Penalties for Non-Compliance:

  1. Websites failing to implement or enforce age verification systems shall be subject to fines of up to $50,000 per day of non-compliance.

  2. Repeat violations may result in restricted access to the website within the state.

Section 7: Public Awareness and Education: The State Oversight Authority shall develop public education campaigns to inform parents, educators, and minors about online safety and the importance of age-appropriate content.

Section 8: Severability: If any provision of this Act is deemed invalid, the remaining provisions shall remain in effect.

Download Model Bill Language