Certain websites would check visitors' ages before showing harmful material

A covered commercial entity must use a reasonable method to check the age of each person trying to access the website. This applies when a commercial entity knowingly and intentionally publishes or distributes material harmful to minors on a publicly accessible website, and more than 33.3% of the website's material is harmful to minors. A minor is under 18. The entity must not retain identifying information about a person accessing the website. It may use an independent third-party service that compares personal information with age and identity databases, or another commercially reasonable method based on public or private transaction records. If enacted, the act would take effect 90 days later.

A court may order a covered commercial entity to pay damages, court costs, and reasonable attorney fees for specified violations. An individual may seek damages for harm caused by a covered entity's violation or its knowing retention of identifying information. For violating the age-check rule, damages must result from a minor accessing the material. For knowingly keeping identifying information after access is granted, damages must result from keeping that information. The section does not apply to bona fide news or public-interest broadcasts, website videos, reports, or events, and it does not affect news-gathering organizations' rights. Internet service providers, search engines, and cloud service providers are not liable solely for providing access to content they did not create, to the extent they are not responsible for creating it. If enacted, the act's liability rules would take effect 90 days later.