If approved, Wisconsin businesses running websites mostly containing material harmful to minors would verify visitors’ ages and could face lawsuits or penalties for violations.
Websites with more than one-third sexual material covered by the bill would verify visitors’ ages before providing access, while protecting news and service providers in specified cases.
Businesses would not be allowed to knowingly and intentionally publish or distribute online material that the bill defines as an obscene depiction of a purported child.
People could sue over violations, and the state could investigate and seek court orders or $100 to $10,000 penalties when businesses improperly kept verification information.
A business entity would have to use a reasonable age-verification method before knowingly and intentionally publishing or distributing covered material online. This applies to websites where more than one-third of the material is harmful to minors, meaning people under 18. The verification system could use government identification or commercially reasonable public or private transaction data. A business could not knowingly keep identifying information after granting or denying access. The rule would not apply to bona fide news or public-interest broadcasts, videos, reports, or events. Internet service providers, virtual private networks, search engines, and cloud services would generally be protected when they did not create the content. The text states no start date or end date.
A business entity would be barred from knowingly and intentionally publishing or distributing an obscene depiction of a purported child online. The rule covers online material that meets the text’s definition of obscene material and depicts a purported child. Internet service providers, virtual private networks, search engines, and cloud services would generally not be responsible when they did not create the content. The bill does not state that a criminal conviction is required for this prohibition. The text states no start date or end date.
People alleging a violation could sue for actual and punitive damages, costs, and reasonable attorney fees; the state could seek injunctions and civil forfeitures for certain privacy violations. Private lawsuits could address the age-verification and obscene-material rules, while state enforcement described here targets businesses that knowingly retain identifying information after age verification. A person would not have to finish administrative remedies before filing suit. The state could seek a civil forfeiture of $100 to $10,000 for each covered privacy violation. The text allows restoration of financial losses before a final judgment in a state injunction case. The text states no start date or end date.
No hearings or votes scheduled.