North Dakota law requires some websites to check users' ages, bars businesses from keeping identifying information after access, and lets certain people sue.
A commercial entity must check users' ages before allowing access to covered sexual material on a website where more than one-third of the content is harmful to minors.
After granting access, a business or age-check service must not keep a person's identifying information. The person may sue if their information is kept.
A parent or guardian may sue if a minor child gets access to covered material in violation of the age-check rule. News and public-interest material is exempt.
A commercial entity must use a reasonable age-check method before allowing access to covered material, or it is liable for damages. A commercial entity includes a legally recognized business. A minor is anyone under 18. The entity must knowingly publish or distribute the material on a website where more than one-third of all material is harmful to minors. The material must meet the stated tests for sexual content, community standards, and lack of serious value for minors. The rule applies to websites accessed on or after the law's effective date.
A commercial entity or age-check service must not keep a person's identifying information after granting access. This rule applies to a commercial entity or a third party that checks ages for it. A person whose information is kept in violation of this rule may bring a civil case. A court may order the violation to stop and award damages, costs, and reasonable attorney fees. The rule applies after access to the material is granted.
A parent or guardian may bring a civil case when a minor child gets access to covered material in violation of the age-check rule. The parent or guardian must have a minor child who was allowed access in violation of the age-check rule. A court may order the violation to stop and award compensatory and exemplary damages, costs, and reasonable attorney fees. The rule does not apply to bona fide news or public-interest broadcasts, website videos, reports, or events, and does not affect news-gathering organizations' rights. Internet service providers, search engines, cloud service providers, and app stores are not liable solely for providing access or connections to content they did not create and do not control. The rule applies to websites accessed on or after the law's effective date.
No hearings or votes scheduled.