S.E.A. 17, P.L. 98
Effective: July 1, 2024
- Requires an adult oriented website operator that displays material harmful to minors to use a reasonable age verification method to prevent a minor from accessing an adult oriented website.
- Creates a cause of action to permit: (1) the parent or guardian of a child harmed by a violation of the age verification requirement to obtain monetary damages, injunctive relief, and reasonable attorney’s fees; and (2) any other person to bring an action to obtain injunctive relief and reasonable attorney’s fees.
- Prohibits a person that conducts age verification from retaining the identifying information of an individual seeking access to an adult oriented website that displays material harmful to minors and permits an individual whose identifying information is retained to bring an action to obtain monetary damages, injunctive relief, and reasonable attorney’s fees.
- Requires adult oriented website operators to use commercially reasonable methods to secure all information collected and transmitted.
- Provides that the Attorney General may bring an action to obtain an injunction, a civil penalty of not more than $250,000, or the Attorney General’s reasonable costs in investigating and maintaining the action.
- Provides that when the Attorney General has reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in a violation, the Attorney General is empowered to issue civil investigative demands under I.C. 4-6-3-3 to investigate the suspected violation.
- Requires verification information of minors to be kept confidential with certain exceptions. Adds verification information to the definition of “personal information”.
- Adds a violation of I.C. 24-4-23 as a deceptive act.
Read the bill at: https://iga.in.gov/legislative/2024/bills/senate/17