SAFE for Kids Act

The SAFE for Kids Act is a federal bill that would require websites with more than 1/3 “sexual material harmful to minors” (as determined by the FTC) to verify the age of users.

Age verification mechanisms allowed:

• commercial age verification systems
• “digital identification” – the definition seems to include any data that serves as a “reasonable indication” of age, such as a mobile driver’s license, existing age credential, device-level age signal, etc.

Enforcement:

• FTC enforcement: violations are treated as unfair or deceptive practices under the FTC Act, which can pursue civil penalties.
• DOJ criminal enforcement: “knowing” violations are punishable by exorbitant fines and up to 5 years in prison.
• Private right of action: any person (not just parents or guardians of minors) can sue for compensatory damages, punitive damages, and attorney's fees.

Important differences from most AV bills:

• The 1/3 determination is made by the FTC, not courts or self-assessment by websites. It's unclear how or when the agency would make these determinations
• "Covered commercial entity" expressly includes officers, directors, and employees personally while performing their duties – this means that individual company executives face fines and prison for lack of compliance.