Publishes adult content, in Arkansas

Ark. Code Ann. section 4-110-104(b) · Read the law's page

• Implement and maintain reasonable security procedures and practices appropriate to the nature of the personal information you acquire, own, or license, to protect it from unauthorized access, destruction, use, modification, or disclosure.
• This binds a person or business, a term defined to include a state agency, that acquires, owns, or licenses personal information about an Arkansas resident.
• This duty is separate from the same section's duty to take all reasonable steps to destroy or arrange for destruction of a customer's records containing personal information no longer retained, and from the Act's own breach-notification duty, researched as this jurisdiction's privacy row.
• There is no dedicated regulator or stated penalty amount for a violation of this duty; only the Arkansas Attorney General may bring an enforcement action, under the Arkansas Deceptive Trade Practices Act. Whether that Act's private-suit provision also reaches a violation of this duty has not been confirmed either way; treat it as an open question rather than a cleared risk.

Act 612 of 2023 (SB66), codified at Ark. Code Ann. § 4-88-1101 et seq. · Read the law's page

• Applies to a commercial entity whose website content is more than one third material harmful to minors; commercial websites that are social media platforms are excluded.
• Perform reasonable age verification that visitors are 18 or older, using a government issued ID, digital identification, or a commercially reasonable method meeting identity assurance level 2; failing to do so makes the entity liable.

Ark. Code Ann. §§ 5-14-139, 16-118-119 · Read the law's page

• Do not knowingly create or distribute, without the depicted person's consent, an AI-generated or AI-modified visual depiction that an ordinary person would conclude shows an identifiable person nude or engaged in sexual conduct.
• If you provide or develop prompt-based image-generation technology, put reasonable safeguards in place against its use to generate this kind of deepfake visual material; without them, the Attorney General may sue you directly over material it was used to create.
• A person injured by a violation may sue you directly, whether you created the deepfake or provided or developed the image-generation technology used to create it, for actual, compensatory, or punitive damages, injunctive relief, attorney's fees, and costs.
• This offense does not reach a provider of, or an affiliate of a provider of, a telecommunication service, information service, or cable service as defined in 47 U.S.C. § 153, for content provided by another person.

Ark. Code Ann. §§ 5-27-302, 5-27-304, 5-27-601 to 5-27-603, 5-27-609 · Read the law's page

• Do not advertise, sell, distribute, possess, or view a computer-generated or otherwise AI-produced visual or print medium that an ordinary person would conclude depicts an actual child engaged in sexually explicit conduct.
• If you provide or develop an AI system and conduct adversarial testing in good faith to prevent, detect, or mitigate the risk of that system generating this material, that testing is exempt, but only if it is not for personal, exploitative, or unrelated purposes.
• This offense does not reach an interactive computer service for content supplied by another party.