Legislature(2023 - 2024)BARNES 124
01/31/2024 03:15 PM House LABOR & COMMERCE
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Audio | Topic |
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Start | |
HB159 | |
HB100 | |
HB254 | |
HB273 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | SB 89 | TELECONFERENCED | |
*+ | HB 254 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
*+ | HB 159 | TELECONFERENCED | |
+= | HB 100 | TELECONFERENCED | |
+ | SB 37 | TELECONFERENCED | |
*+ | HB 273 | TELECONFERENCED | |
HB 254-PROHIBIT PORNOGRAPHY TO MINORS 4:30:48 PM CHAIR SUMNER announced that the next order of business would be HOUSE BILL NO. 254, "An Act relating to liability for publishing or distributing pornography to minors on the Internet." 4:31:05 PM REPRESENTATIVE SARAH VANCE, Alaska State Legislature, as prime sponsor, read the sponsor statement for HB 254 [included in committee packet], which read as follows [original punctuation provided]: House Bill 254 stands out as a crucial legislative initiative, addressing the growing public health crisis related to the influence of pornography on minors. It serves as a proactive measure to disrupt a tool employed by traffickers, preventing easy access to young would-be victims through explicit content. Recent years have witnessed an alarming exposure of minors to pornography, facilitated by advances in technology and the widespread availability of explicit content on the internet. This early exposure contributes to the hyper-sexualization of young minds, promoting bullying in schools and setting unreasonable self-expectations, necessitating urgent legislative action. House Bill 254 recognizes the disturbing connection between pornography and exploitation. It acknowledges that individuals involved in pornography may be victims of exploitation, blurring the line between consensual adult participation and sex trafficking. Some are forced into participating against their will, revealing a sinister aspect of the adult industry. The bill also addresses the link between the demand for pornography and the demand for commercial sex, including trafficking victims. The normalization of explicit content in society is argued to contribute to an increased demand for sexual services, perpetuating sex trafficking. Organized crime networks profit from both pornography and exploitation, utilizing explicit content as a lure to manipulate and control vulnerable individuals. One alarming aspect necessitating urgent legislative intervention is the role of pornography in the tactics employed by human traffickers. By restricting minors' access to explicit material, House Bill 254 serves as a crucial tool in the fight against human trafficking, contributing to the overall well-being and safety of the next generation. In conclusion, passing House Bill 254 is an urgent and necessary step in safeguarding the mental, emotional, and physical health of our youth. It reflects a collective responsibility to create a secure and nurturing environment, allowing minors to develop into healthy, well-adjusted individuals free from the corrosive influence of explicit material. 4:35:36 PM BOB BALLINGER, Staff, Representative Sarah Vance, Alaska State Legislature, on behalf of Representative Vance, prime sponsor, read the sectional analysis for HB 254 [included in committee packet], which read as follows [original punctuation provided]: Section 1: Adds a new section that establishes civil liability if the person or entity intentionally publishes or distributes pornography and does not use a "commercially reasonable age verification method." The section also defines a "commercially reasonable age verification method" and regulates how identifying information is handled. Sections 1 (b), (c), and (d) exempt news, public interest sites, internet service providers, search engines, and cloud service providers. Finally, Section 1 (e) provides definitions for terms used in this bill. 4:38:02 PM REPRESENTATIVE RUFFRIDGE offered his understanding that online age verification programs are typically easy to bypass. He asked if HB 254 would require identification to be transmitted and the business would verify it, or if it would require a program that just asks for the user's birthday. REPRESENTATIVE VANCE answered that, on the first page of the bill, it would require the business to use a commercially available age verification method. 4:39:37 PM MR. BALLINGER cited Section 1 subsection (a), starting on line 11, which read as follows: In this subsection, "commercially reasonable age verification method" includes requiring the person attempting to access the pornography to provide a digitized identification card, requiring the person to comply with a commercial age verification system that verifies age using government-issued identification, or another method that relies on public or private transactional data. MR. BALLINGER advised that PornHub is a leading provider of pornography on the Internet, and that in some states, it has withdrawn. 4:40:50 PM REPRESENTATIVE CARRICK said there have been several state data breeches, and asked if there are concerns of data theft when uploading an identification card to access a site. REPRESENTATIVE VANCE responded that everyone puts their data into websites all the time. She stressed that privacy is important to her, so a provision was written in the bill that disallows a company verifying user ages to retain the data; they will be subject to civil liability if data is retained. REPRESENTATIVE CARRICK asked for a list of companies that do online age verification services, as well as how other states that approved similar laws go about contracting with the services. REPRESENTATIVE VANCE answered that she couldn't answer what companies do this services, but advised that the state would not be involved in the setting up of age verification, as that would be the website's responsibility. 4:44:12 PM REPRESENTATIVE PRAX asked how age verification would work in practice, and how fraud could be avoided. MR. BALLINGER answered that Louisiana, for example, contracted with an age verification service provider to create a portal. He offered to follow up with a list of such providers and noted that there are about 10 of them. He pointed out that PornHub pulled out of North Carolina and Arkansas. 4:46:06 PM REPRESENTATIVE FIELDS said there are many companies that collect data, and that the current language in HB 254 would not endanger Alaskans' private information any more than online companies already harvest themselves. 4:46:57 PM REPRESENTATIVE FIELDS stressed that exploitation of minors is bad. He asked whether the right to remove material for minors who are subjected to "revenge porn" should be added to the bill. He further asked about the possibility of broader action against Internet exploitation of minors, like facial recognition. REPRESENTATIVE VANCE commented that her staff is looking into artificial intelligence (AI) exploitation. She said she is open to ideas on what can be done. 4:48:17 PM REPRESENTATIVE SADDLER stated, "This is an area that's ripe for broad legislative action." He asked about page 1 and 2, regarding the violators who retain the personal data, and what liability they would be under. REPRESENTATIVE VANCE answered civil liability; this allows an individual, who was harmed by the publishers of the site, be able to prove to the courts how it harmed them. She said civil liability poses a higher threat to large companies than criminal liability. 4:50:27 PM REPRESENTATIVE CARRICK commented that the potential for identity theft is a concern of hers. She pointed to page 3, Section 5 and said the bill defines "pornography" as something that is of "prurient interest". She explained that, federally speaking, the term is broad. She pointed to Section 7 and said that it would be difficult determining what on a website is a "substantial portion", or one-third of the total material, containing pornography; there's room for interpretation. She said that the bill could be broadly defined to include websites other than just PornHub, like Netflix. She commented that requiring Alaskans to provide their ID when accessing sites, like Netflix, would be a major violation of privacy. She noted that Montana, a state which has passed a law like HB 254, is already being bypassed by people switching their virtual private network location to show they are in another state. She thanked the bill sponsor for bringing the bill forward but conveyed that it may not solve the issue. REPRESENTATIVE VANCE responded that the purpose of HB 254 is to protect children from harm from content on the Internet. 4:55:13 PM CHAIR SUMNER announced that HB 254 was held over.