Legislature(2023 - 2024)BARNES 124

01/31/2024 03:15 PM House LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 89 AGE FOR TOBACCO/NICOTINE/E-CIG; TAX E-CIG TELECONFERENCED
<Bill Hearing Canceled>
*+ HB 254 PROHIBIT PORNOGRAPHY TO MINORS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
*+ HB 159 REGISTER INTERIOR DESIGNERS TELECONFERENCED
Moved CSHB 159(L&C) Out of Committee
-- Public Testimony --
+= HB 100 PAID FAMILY LEAVE TELECONFERENCED
Moved CSHB 100(L&C) Out of Committee
+ SB 37 CRIME COUNTERFEIT/NONFUNCTIONING AIRBAG TELECONFERENCED
Scheduled but Not Heard
<Bill Hearing Rescheduled to 02/02/24>
*+ HB 273 AHFC MAKE/PURCHASE MORTGAGE LOANS TELECONFERENCED
Heard & Held
             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.                                                                               

Document Name Date/Time Subjects
HB 254 - Support Letter.pdf HL&C 1/31/2024 3:15:00 PM
HB 254
HB 254 - How Pornography Harms Children_ The Advocate's Role.pdf HL&C 1/31/2024 3:15:00 PM
HB 254
HB 254 - National Report For 2021.pdf HL&C 1/31/2024 3:15:00 PM
HB 254
HB 254 - The Impact of Pornography on Children.pdf HL&C 1/31/2024 3:15:00 PM
HB 254
HB 254 - Intersections between Pornography and Human Trafficking.pdf HL&C 1/31/2024 3:15:00 PM
HB 254
Sponsor Statement2 - Distribution of Pornography to Minors.pdf HL&C 1/31/2024 3:15:00 PM
HB 254
HB0254A.pdf HL&C 1/31/2024 3:15:00 PM
HB 254
HB 254 - Sectional Analysis.pdf HL&C 1/31/2024 3:15:00 PM
HB 254
HB159 Letter of Support - Cara Rude.pdf HL&C 1/31/2024 3:15:00 PM
HB 159
HB159 Letter of Support - Interorganizational Council on Regulation (ICOR).pdf HL&C 1/31/2024 3:15:00 PM
HB 159
HB159 Letter of Support - Matthew Barusch, CIDQ.pdf HL&C 1/31/2024 3:15:00 PM
HB 159
HB159 Letter of Support - Ashley Killian.pdf HL&C 1/31/2024 3:15:00 PM
HB 159
HB159 Letter of Support - Natasha Schmidt.pdf HL&C 1/31/2024 3:15:00 PM
HB 159
HB 254 Presentation2.pdf HL&C 1/31/2024 3:15:00 PM
HB 254
H.L&C AHFC HB 273 Handout - Legislative Impact.pdf HL&C 1/31/2024 3:15:00 PM
HB 273
Fiscal Note HB159.pdf HL&C 1/31/2024 3:15:00 PM
HB 159
HB159 V. S.pdf HL&C 1/31/2024 3:15:00 PM
HB 159
HB254 Top 13 Age Verification APIs in 2023.pdf HL&C 1/31/2024 3:15:00 PM
HB 254
HB159 Clarification on 1.31.24 Hearing.pdf HL&C 1/31/2024 3:15:00 PM
HB 159
24-02-02 ASID Memo - Clarification of Testimonies for HB159-FINAL.pdf HL&C 1/31/2024 3:15:00 PM
HB 159
AKBA_Letter of Support for SB191 & HB273_AHFC LTV_2.5.2024.pdf HL&C 1/31/2024 3:15:00 PM
HB 273
HB 254 - Age Verfication Petition.pdf HL&C 1/31/2024 3:15:00 PM
HB 254