SB 961 - Under the act, a commercial entity shall not publish or distribute material harmful to minors, as defined in the act, on the internet from a website that contains a substantial portion, defined in the act, of such material unless the commercial entity performs age verification to ensure that an individual attempting to access the material is at least 18 years of age. Violations of provisions of this act may be reported to the Attorney General. If the Attorney General finds that a commercial entity violated provisions of this act, the Attorney General shall bring a civil action against a commercial entity for such violations.
If the court finds that a commercial entity violated provisions of this act, the court may grant actual damages, injunctive relief, civil penalties not to exceed $5,000 for each day of the violation, and any other relief the court finds appropriate. The Attorney General may request an additional civil penalty not to exceed $10,000 for each day of the violation under the act against a commercial entity.
The State Treasury shall create the "Cyber Exploitation of Children Fund". Moneys in the Fund shall be expended for the investigation of cyber crimes involving the exploitation of children. The Attorney General shall administer the Fund. The Attorney General shall deposit all civil penalties granted by the court into the Fund.
The rights of any news-gathering organization, as defined in the act, shall not be affected by the act.
The act shall not apply to any internet service provider or subsidiary, search engine, cloud service that provides internet access to any content not under the provider's control.
JULIA SHEVELEVA