S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3946
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by M. of A. WALSH -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to  requiring  age
   verification for internet pornography websites
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 390-f to read as follows:
   § 390-F. AGE VERIFICATION FOR INTERNET  PORNOGRAPHY.  1.  DEFINITIONS.
 FOR  THE  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "COMMERCIAL ENTITY" MEANS A CORPORATION, LIMITED LIABILITY  COMPA-
 NY,  PARTNERSHIP,  LIMITED  PARTNERSHIP,  SOLE  PROPRIETORSHIP, OR OTHER
 LEGALLY RECOGNIZED BUSINESS ENTITY.
   (B) "DIGITAL IDENTIFICATION" MEANS INFORMATION  STORED  ON  A  DIGITAL
 NETWORK  THAT  MAY BE ACCESSED BY A COMMERCIAL ENTITY AND THAT SERVES AS
 PROOF OF THE IDENTITY OF AN INDIVIDUAL AND LOCATION OF THE INDIVIDUAL.
   (C) "DISTRIBUTE" MEANS TO ISSUE, SELL, GIVE, PROVIDE, DELIVER,  TRANS-
 FER, TRANSMUTE, CIRCULATE, OR DISSEMINATE BY ANY MEANS.
   (D) "MINOR" MEANS AN INDIVIDUAL YOUNGER THAN EIGHTEEN YEARS OF AGE.
   (E) "NEWS ORGANIZATION" MEANS:
   (I)  AN  EMPLOYEE  OF  A  NEWSPAPER, NEWS PUBLICATION, OR NEWS SOURCE,
 PRINTED OR ON AN ONLINE OR MOBILE PLATFORM, OF CURRENT NEWS  AND  PUBLIC
 INTEREST,  WHO IS ACTING WITHIN THE COURSE AND SCOPE OF THEIR EMPLOYMENT
 AND CAN PROVIDE DOCUMENTATION OF SUCH EMPLOYMENT  WITH  SUCH  NEWSPAPER,
 NEWS PUBLICATION, OR NEWS SOURCE; AND
   (II)  AN  EMPLOYEE  OF A RADIO BROADCAST STATION, TELEVISION BROADCAST
 STATION, CABLE TELEVISION OPERATOR, OR WIRE SERVICE WHO IS ACTING WITHIN
 THE COURSE AND SCOPE OF THEIR EMPLOYMENT AND CAN  PROVIDE  DOCUMENTATION
 OF SUCH EMPLOYMENT.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07950-02-5
 A. 3946                             2
              

 
   (F)  "PUBLISH"  MEANS  TO COMMUNICATE OR MAKE INFORMATION AVAILABLE TO
 ANOTHER PERSON OR ENTITY ON A PUBLICLY AVAILABLE INTERNET WEBSITE.
   (G)  "REASONABLE  AGE  VERIFICATION  METHOD"  SHALL  MEAN  A METHOD AS
 DESCRIBED UNDER SUBDIVISION THREE OF THIS SECTION.
   (H) "SEXUAL MATERIAL HARMFUL TO MINORS" MEANS ANY MATERIAL THAT:
   (I) A REASONABLE PERSON, APPLYING  CONTEMPORARY  COMMUNITY  STANDARDS,
 WOULD  FIND, TAKING SUCH MATERIAL AS A WHOLE AND WITH RESPECT TO MINORS,
 IS DESIGNED TO APPEAL TO OR PANDER TO THE PRURIENT INTEREST;
   (II) IN A MANNER PATENTLY OFFENSIVE WITH RESPECT TO MINORS,  EXPLOITS,
 IS  DEVOTED TO, OR PRINCIPALLY CONSISTS OF DESCRIPTIONS OF ACTUAL, SIMU-
 LATED, OR ANIMATED DISPLAY OR DEPICTION OF:
   (A) A PERSON'S PUBIC HAIR, ANUS, OR GENITALS  OR  THE  NIPPLE  OF  THE
 FEMALE BREAST;
   (B)  TOUCHING,  CARESSING,  OR FONDLING OF NIPPLES, BREASTS, BUTTOCKS,
 ANUSES, OR GENITALS; OR
   (C) SEXUAL INTERCOURSE, MASTURBATION, SODOMY, BESTIALITY, ORAL COPULA-
 TION, FLAGELLATION, EXCRETORY FUNCTIONS, EXHIBITIONS, OR ANY OTHER SEXU-
 AL ACT; AND
   (III) TAKEN AS A WHOLE, LACKS SERIOUS LITERARY,  ARTISTIC,  POLITICAL,
 OR SCIENTIFIC VALUE FOR MINORS.
   (I)  "TRANSACTIONAL  DATA"  MEANS A SEQUENCE OF INFORMATION THAT DOCU-
 MENTS AN EXCHANGE, AGREEMENT, OR TRANSFER BETWEEN AN INDIVIDUAL, COMMER-
 CIAL ENTITY, OR THIRD PARTY USED FOR THE PURPOSE OF SATISFYING A REQUEST
 OR EVENT. THE  TERM  INCLUDES  RECORDS  FROM  MORTGAGE,  EDUCATION,  AND
 EMPLOYMENT ENTITIES.
   2.  PUBLICATION OF MATERIAL HARMFUL TO MINORS. (A) A COMMERCIAL ENTITY
 THAT KNOWINGLY OR INTENTIONALLY PUBLISHES OR DISTRIBUTES MATERIAL ON  AN
 INTERNET  WEBSITE, WHICH CONTAINS ANY SEXUAL MATERIAL HARMFUL TO MINORS,
 SHALL UTILIZE ANY INFORMATION LOCATED WITHIN AN  IP  ADDRESS  TO  VERIFY
 THAT  SUCH  ATTEMPTED  USER IS BASED WITHIN THE GEOGRAPHIC BOUNDARIES OF
 THE STATE OF NEW YORK, AND, WHERE SUCH USER IS VERIFIED AS BEING LOCATED
 WITHIN THE GEOGRAPHIC BOUNDARIES OF THE STATE OF  NEW  YORK,  SHALL  USE
 REASONABLE  AGE  VERIFICATION  METHODS  UNDER  SUBDIVISION THREE OF THIS
 SECTION TO VERIFY THAT AN INDIVIDUAL ATTEMPTING TO ACCESS  THE  MATERIAL
 IS EIGHTEEN YEARS OF AGE OR OLDER.
   (B)  EACH  COMMERCIAL ENTITY THAT KNOWINGLY OR INTENTIONALLY PUBLISHES
 OR DISTRIBUTES MATERIAL ON AN INTERNET WEBSITE, WHICH CONTAINS ANY SEXU-
 AL MATERIAL HARMFUL TO MINORS, SHALL PERFORM AGE VERIFICATION  FOR  EACH
 INTERNET  PROTOCOL  ADDRESS  ATTEMPTING  TO ACCESS SUCH WEBSITE AT LEAST
 ONCE PER DAY.  ATTEMPTED USERS THAT PROVE THEY ARE EIGHTEEN YEARS OF AGE
 OF OLDER MAY BE ALLOWED ACCESS TO SUCH WEBSITE.
   (C) A COMMERCIAL ENTITY THAT KNOWINGLY OR INTENTIONALLY  PUBLISHES  OR
 DISTRIBUTES  MATERIAL  ON  AN  INTERNET  WEBSITE  THAT  IS FOUND TO HAVE
 VIOLATED THIS SUBDIVISION SHALL BE LIABLE TO THE  ATTORNEY  GENERAL  WHO
 SHALL  NOTIFY  SUCH COMMERCIAL ENTITY OF ITS NONCOMPLIANCE. THE ATTORNEY
 GENERAL MAY IMPOSE A CIVIL PENALTY OF UP TO FIFTY THOUSAND  DOLLARS  PER
 DAY IN CONNECTION WITH ANY SUCH VIOLATION. THE ATTORNEY GENERAL SHALL BE
 AUTHORIZED  TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS
 AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL  PRACTICE  LAWS  AND
 RULES.
   3.  REASONABLE  AGE  VERIFICATION  METHODS. IT SHALL BE AN AFFIRMATIVE
 DEFENSE TO ANY ALLEGED VIOLATION OF SUBDIVISION TWO OF THIS SECTION THAT
 A COMMERCIAL ENTITY IMPOSED REASONABLE  AGE  VERIFICATION  METHODS  UPON
 USERS  ATTEMPTING  TO  ACCESS  ITS INTERNET WEBSITE. A COMMERCIAL ENTITY
 THAT KNOWINGLY OR INTENTIONALLY PUBLISHES OR DISTRIBUTES MATERIAL ON  AN
 INTERNET  WEBSITE  WHICH CONTAINS ANY SEXUAL MATERIAL HARMFUL TO MINORS,
 A. 3946                             3
 
 OR A THIRD PARTY THAT  PERFORMS  AGE  VERIFICATION  UNDER  THIS  CHAPTER
 SHALL:
   (A) REQUIRE AN INDIVIDUAL TO COMPLY WITH ONE OR MORE OF THE FOLLOWING:
   (I) PROVIDE DIGITAL IDENTIFICATION;
   (II) PAY FOR ACCESS VIA CREDIT CARD TRANSACTION; OR
   (III)  COMPLY  WITH A COMMERCIAL AGE VERIFICATION SYSTEM THAT VERIFIES
 AGE USING:
   (1) GOVERNMENT-ISSUED IDENTIFICATION; OR
   (2) A COMMERCIALLY REASONABLE METHOD THAT RELIES ON PUBLIC OR  PRIVATE
 TRANSACTIONAL DATA TO VERIFY THE AGE OF AN INDIVIDUAL; OR
   (B)  ALLOW  USERS  TO  ACCESS  SUCH  WEBSITE  VIA A PASSWORD PROTECTED
 ACCOUNT, WHERE SUCH PASSWORD IS REQUIRED  TO  BE  CHANGED  MONTHLY,  AND
 WHICH  HAS  BEEN  VERIFIED  BY ONE OF THE METHODS UNDER PARAGRAPH (A) OF
 THIS SUBDIVISION AT LEAST ONCE PER CALENDAR MONTH.
   4. APPLICABILITY. (A) THE REQUIREMENTS OF THIS SECTION SHALL NOT APPLY
 TO A BONA FIDE NEWS ORGANIZATION OR PUBLIC INTEREST  BROADCAST,  WEBSITE
 VIDEO,  REPORT, OR EVENT AND SHALL NOT BE CONSTRUED TO AFFECT THE RIGHTS
 OF NEWS ORGANIZATIONS.
   (B) AN INTERNET SERVICE PROVIDER, OR ITS AFFILIATES OR SUBSIDIARIES, A
 SEARCH ENGINE, OR A CLOUD SERVICE PROVIDER SHALL NOT  BE  DETERMINED  TO
 HAVE  VIOLATED THIS SECTION SOLELY FOR PROVIDING ACCESS OR CONNECTION TO
 OR FROM A WEBSITE OR OTHER INFORMATION OR CONTENT ON THE INTERNET OR  ON
 A  FACILITY,  SYSTEM,  OR  NETWORK  NOT  UNDER SUCH PROVIDER'S OR SEARCH
 ENGINE'S  CONTROL,  INCLUDING  TRANSMISSION,  DOWNLOADING,  INTERMEDIATE
 STORAGE,  ACCESS SOFTWARE, OR OTHER SERVICES TO THE EXTENT SUCH PROVIDER
 OR SEARCH ENGINE IS NOT RESPONSIBLE FOR THE  CREATION  OF  SUCH  CONTENT
 THAT CONSTITUTES SEXUAL MATERIAL HARMFUL TO MINORS.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.