SB 25-201 — Require Age Checks for Online Sexual Materials

First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCEDPREAMENDED This Unofficial Version Includes Committee Amendments Not Yet Adopted on Second Reading LLS NO.

By requiring robust and effective age verification systems for access to online pornography, and requiring anonidentity-document-basedoption,thislegislationseekstoupholdthe well-being of minors while respecting the rights of adults to lawful -2- SB25-201201 access.

and (b) Thegeneralassemblyremainscommittedtoensuringthatany regulatorymeasures respect user privacywhile achieving the paramount goal of promoting public health and protecting minors from harmful -3- SB25-201201 exposure to explicit content.

-4- SB25-201201 (A) AN INTERNET WEBSITE THAT PROHIBITS MATERIAL HARMFUL TO CHILDREN IN ITS TERMS AND CONDITIONS ,MAKES REASONABLE EFFORTS TO SCAN USER GENERATED CONTENT TO REMOVE MATERIAL HARMFUL TO CHILDREN , AND OPERATES A REPORTING PROCESS TO AFFIRMATIVELY REMOVE MATERIAL HARMFUL TO CHILDREN THAT IS NOT REMOVED SYSTEMATICALLY ;

151ET SE.;OR (F) ACOMMERCIAL ENTITY WHOSE INTERNET WEBSITE CONTAINS MATERIAL HARMFUL TO CHILDREN BUT WHOSE REGULAR COURSE OF TRADE OR BUSINESS IS NOT CREATI,HOSTING ,OR MAKING AVAILABLE MATERIAL HARMFUL TO CHILDREN ON THE INTERNET,AS EVIDENCED BY THE AMOUNT OF DATA THAT CONSTITUTES MATERIAL HARMFUL TO CHILDREN ON THE COMMERCIAL ENTITY 'S INTERNET WEBSITE, THE AMOUNT OF DATA THAT CONSTITUTES MATERIALHARMFULTO CHILDREN ONTHECOMMERCIALENTITY SINTERNETWEBSITEINPROPORTIONTOTHE TOTAL AMOUNT OF DATA ON THE COMMERCIAL ENTITY S INTERNET WEBSITE, THE AMOUNT OF USER TRAFFIC TO MATERIAL HARMFUL TO CHILDREN ON THE COMMERCIAL ENTITY 'S INTERNET WEBSITE, THE AMOUNT OF USER TRAFFIC TO MATERIAL HARMFUL TO CHILDREN ON THE COMMERCIAL ENTITY S INTERNET WEBSITE IN PROPORTION TO ALL USER -5- SB25-201201 TRAFFICONTHECOMMERCIALENTITY 'SINTERNETWEBSITE,THEAMOUNT OF REVENUE THE COMMERCIAL ENTITY OBTAINS FROM MATERIAL HARMFULTOCHILDRENONTHECOMMERCIALENTITY SINTERNETWEBSITE , ORTHEAMOUNTOFREVENUETHECOMMERCIALENTITYGENERATESFROM MATERIAL HARMFUL TO CHILDREN ON THE COMMERCIAL ENTITY S INTERNET WEBSITE IN PROPORTION TO ALL REVENUES THE COMMERCIAL ENTITY GENERATES.

(D) T HE AMOUNT OF USER TRAFFIC TO MATERIAL HARMFUL TO CHILDREN ON THE COMMERCIAL ENTITY 'S INTERNET WEBSITE IN -6- SB25-201201 PROPORTION TO ALL USER TRAFFIC ON THE COMMERCIAL ENTITY S INTERNET WEBSITE;

(c) "HARMFUL"H ARMFUL TO CHILDREN " HASMEANS THETHAT MEANINGQUALITY SETOF FORTHANY INDESCRIPTION SECTIONOR 18-7-501REPRESENTATION (2).,IN WHATEVER FORM ,OF SEXUALLY EXPLICIT NUDITY , SEXUAL CONDUCT , SEXUAL EXCITEMENT , OR SADOMASOCHISTIC ABUSE ,WHEN IT:

(d)(I) "NDEPENDENTT AUDITORAKEN "MEANSAS A PROFESSIONALWHOLE AUDITOR,PREDOMINANTLY THATAPPEALS :TO THE PRURIENT INTEREST IN SEX OF CHILDR;N (II) I PATENTLY OFFENSIVE TO PREVAILING STANDARDS IN THE ADULT COMMUNITY AS A WHOLE WITH RESPECT TO WHAT IS SUITABLE MATERIAL FOR CHILDREN;

AND (III)S,WHENTAKENASAWHOLE ,LACKINGINSERIOUSLITERARY , ARTISTIC,POLITICA,AND SCIENTIFIC VALUE FOR CHILDRE.

(d) "IDEPENDENT AUDITOR "MEANS A PROFESSIONAL AUDITOR THAT :

AND -7- 201 (III) AS NO INCENTIVE TO PROVIDE RESULTS THAT DO NOT MEET REGULATORY REQUIREMENTS AND APPLICABLE STANDARDS .

-7- SB25-201 (B) PREVENTS ACCESS BY CHILDREN TO CONTENT ON A COVERED PLATFORM ;AND (C) VVERIFIES ERIFIES EACH USER AND POTENTIAL USER S'S AGE BY EMPLOYING COMMERCIALLY AVAILABLE TECHNOLOGIES THAT ARE INDEPENDENTLY CERTIFIED TO BE HIGHLY EFFECTIVE IN ESTABLISHING THAT AN INDIVIDUAL IS NOT A CHI.D (II) A"REASONABLE AGE VERIFICATION MEASURE "MAY ,BUT IS NOT REQUIRED TO , REQUIRE A POTENTIAL USER TO SUBMIT A GOVERNMENT -ISSUED FORM OF IDENTIFICATI.N (2) (a) ON AND AFTERJULY 1,2026,A COVERED PLATFORM THAT KNOWINGLY AND INTENTIONALLY PUBLISHES OR DISTRIBUTES MATERIAL THAT IS HARMFUL TO CHILDREN ON THE INTERNET SHA:LSHAL: (I) PERFORM ONE OR MORE REASONABLE AGE VERIFICATION MEASURES TO VERIFY THE AGE OF EACH INDIVIDUAL WHO ATTEMPTS TO ACCESS SUCH MATERIAL;

(II)(I) PEVENTPERFORM CHILDRENONE FROMOR ACCESSINGMORE SUCHREASONABLE MATERIAL;ANDAGE (III)VERIFICATION ARRANGEMEASURES FORTO AUDITSVERIFY OF THE RESULTSAGE OF THEEACH COVEREDINDIVIDUAL PLATFORMWHO SATTEMPTS REASONABLETO AGEACCESS VERIFICATIONSUCH MEASURES,WHICHMATERIAL AUDITS; ARE PERFORMED :

(II) PERFORM ONE OR MORE REASONABLE AGE VERIFICATION MEASURES TO VERIFY THE AGE OF EACH INDIVIDUAL WHO ATTEMPTS TO UPLOAD MATERIAL TO THE COVERED PLATFORM ;

-8- 201 (III) REVENT CHILDREN FROM ACCESSING SUCH MATERIAL;AND (IV) A RRANGE FOR AUDITS OF THE RESULTS OF THE COVERED PLATFORM S REASONABLE AGE VERIFICATION MEASURES,WHICH AUDITS ARE PERFORMED :

(b) ON AND AFTER JULY 1, 2026A COVERED PLATFORM SHALL -8- SB25-201 OFFER EACH USER OR POTENTIAL USER OF THE COVERED PLATFORM AT LEAST ONE OPTION BY WHICH THE COVERED PLATFORM MAY VERIFY THE USER'SORPOTENTIALUSER 'SAGEWITHOUTTHEUSERORPOTENTIALUSER HAVING TO DISCLOSE THE USES OR POTENTIAL USE'S IDENTITY TO THE COVERED PLATFORM .

(4) ON AND AFTER ULY 1, 2026, IN SATISFYING THE -9- 201 REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION, A COVERED PLATFORM SHALL ENSURE THAT EACH REASONABLE AGE VERIFICATION MEASURE THATTHATTHECOVEREDPLATFORMEMPLOYSFORTHE THE COVEREDPLATFORMEMPLOYSFORTHE PURPOSESOF THISARTICLE 29INCLUDESAMEANSBYWHICHA POTENTIALUSEROFTHE COVERED PLATFORM MAY APPEAL A DETERMINATION CONCERNING THE POTENTIAL USERS AGE.

(5) ACOVERED PLATFORM THAT ACQUIRES PERSONAL DATA FOR THEPURPOSESOFAGEVERIFICATIONPURSUANTTOTHISARTICLE 29SHALL29 DESTROYTHEPERSONALDATAASSOONASREASONABLYPOSSIBLEAFTERSHALL DESTROY THE PERSONAL DATA , IF COLLECTE, IMMEDIATELY AFTER A POTENTIALPOTENTIALUSER USERSAGEISCHECKEDFORAGEVERIFICATION 'S.NACQUIRING AGEAND ISRETAINING CHECKEDPERSONAL FORDATA AGEAS VERIFICATIONDESCRIBED .IN THIS SECTION , A COVEREDPLATFORMSHALLOTHERWISECOMPLYWITHTHEREQUIREMENTS OF THE"C OLORADO PRIVACY A CT"PART 13 OF ARTICL1 OF THIS TITLE 6.

N ACQUIRING AND RETAINING PERSONAL DATA AS DESCRIBED IN THIS SECTION,A COVERED PLATFORM SHALL OTHERWISE COMPLY WITH THE -9- SB25-201 REQUIREMENTS OF THE "COLORADO PRIVACY A CT",PART13 OF ARTICLE 1 OF THIS TIT6.

on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly;except that, if a referendumpetition isfiledpursuantis filed pursuant to section 1 (3)(3)of of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved bytheby the people at the general election to be held in -10- 201 November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

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