Arizona HB 2133

Note: the following summary reflects our best understanding of the requirements of this bill. However, due to its confusing phrasing, we cannot be completely confident in its accuracy.

Arizona HB 2133 applies to commercial entities that:

1. publish or distribute sexual content online, or
2. allow users to publish or distribute sexual content on a website that they control

It would require these entities to:

• Verify that the individuals depicted in the sexual content gave explicit informed consent to its creation and distribution using “reasonable consent verification methods” (details below)
• Verify that the individuals depicted in the sexual content were at least 18 at the time it was created

The entities would also need to:

• Create and maintain records (for at least 7 years) that the consent and age of depicted individuals was verified. This must be done without retaining “any identifying information of the depicted person after the verification is complete except as required for the recordkeeping requirements” of the law.
• Make the records of the verification of consent and age available for inspection by the attorney general upon request without “caus[ing] or allow[ing] any identifying information to be transmitted to any federal, state, or local government entity.”
• Implement “reasonable methods” to prevent the upload of content that lacks verified consent, including automated detection tools if possible.

“Reasonable consent verification methods” are defined in the bill as: “any commercially reasonable method that is regularly used by businesses to verify consent, without requiring or allowing the use of any government-issued digital identification system” (emphasis added). This includes:

"(i) an affidavit that attests to the consent and age of each depicted person.

(ii) a verification through an independent third party.

(iii) any other commercially reasonable method that does not retain identifying information after the verification is complete."

If an entity fails to adhere to the law, the state attorney general or a depicted person who did not give consent can sue for $10,000 per day the entity is in violation, actual damages incurred, as well as their costs and attorney fees. If a minor is depicted in the content, the attorney general may seek additional penalties up to $250,000.