Bill > SB498

This bill, known as the "Protect" Act or the "Protecting Kids from Porn" Act, mandates that commercial adult websites, defined as those where sexually explicit material constitutes over 25% of content, must implement strict age verification systems before granting access to material harmful to minors, which includes obscenity or pornography as defined by state law. These systems require users to provide biometric facial recognition, a government-issued ID, a registered credit card, and consent to a third-party verification process, with re-authentication needed every 24 hours, and all collected personal data must be encrypted and not stored after verification. The bill prohibits bypassing these measures through anonymizing technologies like VPNs and imposes severe penalties for non-compliance, including a $1 million fine per violation for failing to enforce requirements, permanent blocking from operating in the state, and civil liability of up to $10,000 per minor exposed for knowingly allowing minors access. The West Virginia Attorney General's Office will establish a special unit to enforce these provisions, with websites failing to comply for over 30 days facing a ban, daily civil penalties of up to $50,000, and potential felony charges for operators who knowingly violate the law. Parents or guardians can also file civil suits for up to $100,000 per incident if a minor accesses prohibited material, though commercial entities can be immune from liability if they prove full compliance and that minor access was due to unavoidable circumvention methods.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=498&year=2026&sessiontype=RS&btype=bill