Duty LXD-6014
Publishes adult content, in Idaho
HB 498 (2024), age verification for material harmful to minorssince 3 lines
Idaho Code Secs. 6-3801 to 6-3809 · Read the law's page
- Applies to a publisher of a website where more than one third of the content is harmful to minors.
- Perform reasonable age verification, through a digitized identification card or a commercial age verification system using government issued identification or transactional data, and prevent minors from accessing the material.
- Expect private lawsuits with statutory damages of at least $10,000.
Disclosing explicit synthetic mediasince 4 lines
Idaho Code section 18-6606 · Read the law's page
- Do not knowingly disclose explicit synthetic media (an image or video created or altered using technical means such as artificial intelligence to realistically misrepresent an identifiable person as engaging in conduct they did not engage in) of a real, identifiable person without their consent where disclosure would cause substantial emotional distress, or with intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate, or degrade that person, or to extort money or other valuable consideration by threatening disclosure.
- The felony tier applies if the identifiable person is a minor, or if you were previously convicted of a violation of this section or a similar statute elsewhere within the past five years; otherwise a violation is a misdemeanor.
- Exceptions to the lack-of-consent-and-emotional-distress theory of liability (subsection (1)(a) only, not the harassment-intent or extortion theories) exist for a lawful criminal investigation or prosecution, reporting unlawful conduct, a matter of genuine public interest, legitimate scientific research or education, and disclosure in the normal course of civil legal proceedings or under a court's nondissemination order; a public figure's mere presence in the media does not by itself make it a matter of public interest.
- As an interactive computer service, information service, or telecommunication service, you are not liable for another person's content unless you intentionally aid or abet the disclosure.