South Carolina H 3406

Anti-porn bill masquerading as a ban on non-consensual intimate image distribution. Requires:

• Sites that allow sexually explicit media uploads must verify the uploader’s identity and age by:
  • “requiring use of an adult access code or adult personal identification number”
  • “accepting a digital certificate that verifies age”, or
  • “using any other reasonable measure of age verification that the Attorney General has determined to be feasible with available technology”
• Sites that distribute sexually explicit media must obtain the following from each person depicted:
  • a consent form created by the Attorney General of South Carolina that includes:

    “(i) the name, date of birth, and signature of the individual;

    (ii) a statement that the individual is not less than eighteen years of age, unless no reasonable person could conclude that the individual is less than thirty years of age;

    (iii) a statement that the consent is for distribution of the specific pornographic image;

    (iv) the geographic area and medium, meaning online, print, or other distribution method, for which the individual provides consent to distribution of the pornographic image;

    (v) the duration of time for which the individual provides consent to distribution of the pornographic image;

    (vi) a list of the specific sex acts that the person agrees to engage in for the pornographic image; and

    (vii) a statement that explains coerced consent and that the individual has the right to withdraw the individual's consent at any time”

  • government photo identification that:

    • "contains the name, date of birth, signature, and photograph of the individual” and

    • “on which the name, date of birth, and signature of the individual match the name, date of birth, and signature of the individual on the consent form”

• Sites must implement a notice-and-takedown mechanism and respond to all requests within 72 hours.

• Civil penalties may be pursued by the state Attorney General, persons depicted in content in violation of the law, or both.