AB294 - Revises provisions relating to the use of the Internet by minors. (BDR 52-567)

A.B. 294 - *AB294* ASSEMBLY BILL NO. 294–ASSEMBLYMEMBERS YUREK AND MARZOLA FEBRUARY 25, 2025 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to the use of the Internet by minors. (BDR 52-567) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to the protection of minors; requiring a person that operates an online platform, Internet website or other Internet-based service that, as its primary business, publishes or makes available material that is harmful to minors to establish an age verification system to verify the age of prospective users; prohibiting such persons from allowing a prospective user to access material that is harmful to minors under certain circumstances; establishing civil penalties; authorizing the Attorney General to bring a civil action to recover such penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law prohibits a person from engaging in certain conduct relating to the 1 exhibition and sale to minors of obscene material. (NRS 201.265) Section 1 of this 2 bill requires a person that operates an online platform, Internet website or other 3 Internet-based service that, as its primary business, publishes or makes available 4 material that is harmful to minors to establish an age verification system to 5 determine whether a prospective user is a minor before allowing the prospective 6 user to access material that is harmful to minors. Section 1 also: (1) prescribes 7 certain requirements relating to the security and privacy of any personal 8 information collected under section 1; (2) authorizes the Attorney General to 9 recover a civil penalty of not more than $10,000 for each violation of section 1; and 10 (3) authorizes the parent or guardian of a minor to bring a civil action for damages 11 against a person who violates section 1. Section 2 of this bill makes certain 12 definitions prescribed by existing law applicable to section 1. 13 – 2 – - *AB294* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 603 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. A person that operates an online platform, Internet website 3 or other Internet-based service that, as its primary business, 4 publishes or makes available material that is harmful to minors: 5 (a) Shall establish an age verification system to determine 6 whether a prospective user of the platform, website or service is a 7 minor before allowing the prospective user to access any material 8 that is harmful to minors published or made available on the 9 platform, website or service; and 10 (b) Shall not authorize a prospective user of the platform, 11 website or service to access any material that is harmful to minors 12 published or made available on the platform, website or service if 13 the person knows or reasonably believes the prospective user to be 14 a minor based on a determination made by the age verification 15 system established pursuant to paragraph (a). 16 2. A person shall be deemed to be in compliance with the 17 requirements of paragraph (a) of subsection 1 if the person 18 establishes an age verification system that verifies that a user is 18 19 years of age or older by: 20 (a) Requiring the user to upload a copy of a government- 21 issued identification card or submit an electronic version of a 22 government-issued identification card; 23 (b) Using any commercially reasonable method that relies on 24 public or private transactional data to verify the age of the user; or 25 (c) Using a third-party age verification service to verify the age 26 of the user. 27 3. A person that operates an online platform, Internet website 28 or other Internet-based service that publishes or makes available 29 material that is harmful to minors as its primary business: 30 (a) Is subject to the obligations and liabilities of chapter 603A 31 of NRS with regard to the security and privacy of any personal 32 information collected under this section; and 33 (b) Shall not use or retain any personal information collected 34 under this section for any purpose except to: 35 (1) Verify the age of a prospective user; or 36 (2) Prove that the person has complied with the 37 requirements of this section. 38 4. A person who willfully violates this section is subject to a 39 civil penalty of not more than $10,000 for each violation. The 40 Attorney General may recover the penalty in a civil action brought 41 in the name of the State of Nevada in any court of competent 42 – 3 – - *AB294* jurisdiction. Any civil penalty collected pursuant to this section 1 must be used for the purpose of enforcing the provisions of this 2 section. 3 5. The parent or guardian of a minor may bring a civil action 4 for damages against a person who violates this section. Upon 5 prevailing in a civil action brought pursuant to this section, the 6 parent or guardian may recover compensatory damages, 7 reasonable attorney’s fees and any punitive damages that the facts 8 may warrant. 9 6. The provisions of this section do not apply to an Internet 10 service provider, search engine or cloud service provider that 11 provides access or connection to or from an online platform, 12 Internet website or other Internet-based service that, as its primary 13 business, publishes or makes available material that is harmful to 14 minors. 15 7. As used in this section: 16 (a) “Government-issued identification card” includes, without 17 limitation, a passport, driver’s license, permanent resident card or 18 tribal identification card. 19 (b) “Harmful to minors” has the meaning ascribed to it in 20 NRS 201.257. 21 Sec. 2. NRS 603.010 is hereby amended to read as follows: 22 603.010 As used in NRS 603.010 to 603.090, inclusive, and 23 section 1 of this act, unless the context otherwise requires, the 24 words and terms defined in NRS 603.020 and 603.030 have the 25 meanings ascribed to them in those sections. 26 Sec. 3. This act becomes effective on January 1, 2026. 27 H