A bipartisan agreement in the U.S. House of Representatives Committee on Energy and Commerce may soon bring a proposed federal age verification law before the full House, but the measure continues to face an uphill battle.
Background and Context
The Kids Internet and Digital Safety (KIDS) Act is an omnibus bill combining a suite of online safety bills. One of those bills is an updated version of the Shielding Children’s Retinas from Egregious Exposure on the Net (SCREEN) Act, which would impose nationwide age verification requirements for adult websites.
At the time, the KIDS Act passed the committee on party lines, with Republicans supporting and Democrats opposing the bill. To improve its chances before the full House, Republican committee chair Brett Guthrie worked with Democratic ranking member Frank Pallone Jr. to reach compromise language.
Why it Matters to the Industry
The proposed federal age verification law has significant implications for adult-industry platforms and operators. Currently, about half of all U.S. states have AV laws on the books. If the KIDS Act becomes law, its AV provisions will supersede those state laws.
Under Title I of the KIDS Act, labeled “Shielding Minors From Obscenity,” adult sites must implement a “technology verification measure” defined as “technology that (A) employs a system or process to determine whether it is more likely than not that a user of a covered platform is a minor; and (B) prevents access by minors to any sexual material harmful to minors on a covered platform.”
Failure to comply with the proposed law would be treated as a violation of the Federal Trade Commission Act’s prohibition against unfair or deceptive acts or practices. Violators would therefore be subject to civil penalties of up to $10,000 for each violation.
What Comes Next
The bipartisan agreement in the House Committee on Energy and Commerce provides a boost for the KIDS Act, but it does not guarantee passage by the full House. If the bill does reach the Senate, the “duty of care” issue is likely to halt its progress, since the Senate is considering a version of KOSA that does include “duty of care” language.
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Key Facts
- The KIDS Act combines a suite of online safety bills, including an updated version of the SCREEN Act that would impose nationwide age verification requirements for adult websites.
- About half of all U.S. states currently have AV laws on the books.
- Under Title I of the KIDS Act, labeled “Shielding Minors From Obscenity,” adult sites must implement a “technology verification measure” defined as technology that prevents access by minors to any sexual material harmful to minors on a covered platform.
- Failure to comply with the proposed law would be treated as a violation of the Federal Trade Commission Act’s prohibition against unfair or deceptive acts or practices.
- The bipartisan agreement in the House Committee on Energy and Commerce provides a boost for the KIDS Act, but it does not guarantee passage by the full House.
