New York A 216/S 6859

Requires advertisements to disclose the use of synthetic media; imposes a $1,000 civil penalty for a first violation and a $5,000 penalty for any subsequent violation.

Latest Action: Introduced on May 10, 2023
Deadline: January 2, 2025

Bill Status
Introduced
Passed First Committee
Passed First Chamber
Passed Both Committees
Passed Both Chambers
Signed
Enacted
More Info
Read the Bill: NY S 6859 NY A 216
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Massachusetts H 3818

Requires that content-sharing platforms verify the following before allowing users to upload explicit content:

  • all persons depicted were at least 18 at the time of production
  • all persons depicted provided written consent for each sex act portrayed
  • the uploader obtained written consent to distribute the content

Latest Action: Referred to Joint Committee on the Judiciary on April 30, 2023
Deadline: January 2, 2024

Bill Status
Introduced
Passed First Committee
Passed First Chamber
Passed Both Committees
Passed Both Chambers
Signed
Enacted
More Info
Read the Bill: MA H 3818
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Oklahoma HB 2054

Oklahoma HB 2054 modifies the crime of prostitution to include knowingly offering to pay a fee to another person for the purpose of engaging in sexual conduct. The measure makes it unlawful for any person who pays a fee for a sexual encounter to publish a review of that sexual encounter or to publish a review of the pubic area, buttocks, or breasts experienced in the sexual encounter on a website that facilitates, encourages, offers, solicits or promotes sexual conduct with another for a fee. The crime is a felony punishable by not more than 3 years to life imprisonment and or a fine of up to $1,000 for the first offense.

Latest Action: Approved by the Governor on May 22, 2023
Deadline:

Bill Status

Introduced

Passed First Committee

Passed First Chamber

Passed Both Committees

Passed Both Chambers

Signed

Enacted

More Info

Read the Bill: OK HB 2054
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Kids Online Safety Act 2023

The Kids Online Safety Act (KOSA) is a well-intentioned bill that attempts to address a serious issue – the exposure of children to harmful material online – in a way that dangerously violates the First Amendment right to free expression. The bill creates significant civil liability —up to $50K per violation — for platforms that fail to prevent minors from accessing “harmful” content.

While the law claims to make clear that it doesn't create an age verification requirement, it does require the National Institute of Standards and Technology to conduct a study evaluating the most technologically feasible options for developing systems to verify age at the device or operating system level, with an emphasis on the privacy of minors. 

Read our KOSA One-Pager

Latest Action: Amended version passed Commerce committee on July 26, 2023
Deadline: January 7, 2025

Bill Status

Introduced

Passed First Committee

Passed First Chamber

Passed Both Committees

Passed Both Chambers

Signed

Enacted

More Info

Read the Bill: US S 1409
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EARN IT Act (2023)

The EARN IT Act allows federal and state governments to prosecute, and victims to sue, a site or service if CSAM is uploaded onto the platform. While the prevention of CSAM is a worthy goal, under the EARN IT Act, a platform may become legally liable for any uploads of illegal content, no matter how aggressively they work to block it.

Latest Action: Senate Judiciary committee ordered to be reported with an amendment in the nature of a substitute favorably. on May 3, 2023
Deadline: January 7, 2025

Bill Status

Introduced

Passed First Committee

Passed First Chamber

Passed Both Committees

Passed Both Chambers

Signed

Enacted

More Info

Read the Bill: US S 1207 US HR 2732
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Florida SB 1620

This bill is kind of an anti-porn omnibus. It:

  • includes Louisiana AVS copycat language
  • redefines "harmful to minors" as anything depicting nudity, sexual conduct, or sexual excitement, including, but not limited to, pubic hair, the anus, the vulva, genitals, or the nipple of the female breast; touching, caressing, or fondling of nipples, breasts, buttocks, anuses, or genitals; or sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, or any other sexual act or exhibition.
  • requires state to fund technology and pornography addiction assessments for children
  • requires Commission on Mental Health and Substance Abuse to make recommendations on how service providers and school districts can best identify, treat, and serve children suffering from technology addiction or pornography addiction
  • requires psychiatrists, psychiatric nurses, and physician assistants to complete training on the treatment of technology addiction and pornography addiction
  • requires warning label on "digital devices" claiming that they are addictive

If passed, would take effect July 1, 2023

Latest Action: Died in commitee on May 5, 2023
Deadline: May 5, 2023

Bill Status

Introduced

Passed First Committee

Passed First Chamber

Passed Both Committees

Passed Both Chambers

Signed

Enacted

More Info

Read the Bill: FL SB 1620
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SAFE TECH Act (2023)

This attempt at Section 230 reform removes a platform’s liability protection in any circumstance where “the provider or user has accepted payment to make the speech available or, in whole or in part, created or funded the creation of the speech.”

The likely outcome of this is increased censorship as platforms that accept payments will face liability for what’s published on them.

This bill failed last year, but may gain more traction in our current political environment.

Latest Action: Bill text added on March 21, 2023
Deadline: January 7, 2025

Bill Status

Introduced

Passed First Committee

Passed First Chamber

Passed Both Committees

Passed Both Chambers

Signed

Enacted

More Info

Read the Bill: US S 560 US HR 1231
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Kentucky SB 115

Defines "sexually oriented business" (SOB) to include adult book stores, theaters, nightclubs, and "sexual device shops." Bans SOBs from locating within 1,000 feet of most other businesses and community centers. Forces existing businesses that are not compliant to move by July 1, 2025.

Any business that knowingly allows or hosts an drag show at which any person under the age of eighteen (18) years is present shall constitute sufficient grounds for:

  • Suspension or revocation of their liquor license
  • Suspension or revocation of any business license or certificate of occupancy
  • Denial or refusal to renew a business license or certificate of occupancy
  • Any other action deemed appropriate for the redress of the violation

as determined by the issuing or governing authority.

Latest Action: Completely rewritten on March 10, 2023
Deadline: March 30, 2023

Bill Status

Introduced

Passed First Committee

Passed First Chamber

Passed Both Committees

Passed Both Chambers

Signed

Enacted

More Info

Read the Bill: KY SB 115
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CASE–IT Act (2023)

Creates an exception to Section 230 immunity for information "harmful to minors" unless they "implement a system designed to effectively screen users who are minors from accessing such content, to the extent feasible using technology available at the time of such distribution."

Latest Action: Referred to committee on January 25, 2023
Deadline: January 7, 2025

Bill Status

Introduced

Passed First Committee

Passed First Chamber

Passed Both Committees

Passed Both Chambers

Signed

Enacted

More Info

Read the Bill: US HR 573
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