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HB1212
HOUSE OF REPRESENTATIVES
H.B. NO.
1212
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to pornographic websites
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The Hawaii Revised Statutes is
amended by adding a new chapter to be appropriately designated and to read as
follows:
"
Chapter
internet protections for minors
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Definitions.
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As used in this
chapter:
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"Commercial
entity" means a corporation, limited liability company, partnership,
limited liability company, partnership, limited partnership, sole
proprietorship, or other legally recognized business entity.
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"Digital
identification" means information stored on a digital network that may be
accessed by a commercial entity and that serves as proof of the identity of an
individual.
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"Material"
means any printed matter, visual representation, sound recording, or video
recording.
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"Pornographic"
has the same meaning as defined in section 712-1210.
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"Publish"
means to communicate or make information available to another person or entity
on a publicly available internet website.
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Pornographic websites; age verification required.
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(a)
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Any commercial entity that knowingly publishes pornographic material on
an internet website that is accessible to users in the State shall use a reasonable
age verification method to ensure that each person who accesses the pornographic
material is over the age of eighteen.
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(b)
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The age verification method used shall
require each person accessing the pornographic material to:
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(1)
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Provide digital identification; or
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(2)
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Comply with commercially available age
verification software that verifies age by using:
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(a)
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A form of government-issued identification; or
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(b)
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Public or private transactional data.
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(c)
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No commercial entity that verifies a person's
age pursuant to this section, or third party that verifies a person's age on behalf
of a commercial entity, shall retain any of the person's identifying information.
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Exemptions.
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(a)
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This chapter shall not be construed to affect the rights of the news
media or to apply to any news or public interest website.
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(b)
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No internet service provider or its
affiliates or subsidiaries, search engine, or cloud service provider shall be
held to have violated this section solely for providing access or connection to
or from an internet website or content on the Internet, or on a facility system
or network not under that entity's control, if that entity is not responsible
for the production of pornographic materials accessible therein.
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Penalties.
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Civil penalties
for a violation of this section shall include:
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(1)
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$10,000 per day that the entity operates an
internet website in violation of the age verification required by section
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-2;
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(2)
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$10,000 per instance for retaining
identification in violation of section
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-2(c); and
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(3)
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Up to $250,000 if, because of the entity's
violation of the age verification requirement in section
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-2, one or more persons under the age of
eighteen accessed pornographic material."
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SECTION
2.
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This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
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SECTION 3.
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This Act shall take effect upon its approval.
INTRODUCED BY:
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Report Title:
Internet;
Pornographic Materials; Minors; Age Verification
Description:
Requires
any commercial entity that knowingly publishes pornographic material on an
internet website that is accessible to persons in the State to use an age
verification system to ensure that the pornographic material is not accessed by
a minor.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.