Law / United States / 
Alabama
HB164, age verification for material harmful to minors
In force since .
An adult content age verification (AV) rule binding private bodies.
- Audit expectation
- none
What it requires
- Applies to a commercial entity whose website is more than one third sexual material harmful to minors.
- Use a reasonable age verification method to ensure visitors are 18 or older.no control in the NIST Privacy Framework
- Do not retain identifying information after access is granted.NIST Privacy FrameworkCT.DM-P5
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.DM-P5Data are destroyed according to policy.
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Private right of actionYes
Penalties
Violations of Sections 3, 8 and 9 are violations of the Deceptive Trade Practices Act, Chapter 19 of Title 8; an injured individual may sue for actual and punitive damages, court costs and attorney's fees; on a finding of violation the Attorney General may recover a civil penalty of up to $10,000 per violation; a 10 percent excise tax also applies to gross receipts of qualifying adult websites.
Who enforces it
Enforcement body
Alabama Attorney General
Settledness
- As of
- Open questions
- Which commercially available methods give 'reasonable assurances' that a visitor is 18 years of age or older under Section 2(9), and does a method that relies on the visitor's own declaration qualify?
- Is the 'substantial portion' of more than 33 1/3 percent in Section 2(10) measured by number of items, running time or traffic on an adult website that mixes sexual material harmful to minors with other content?
What it reaches
Age threshold
18
Covered services
Commercial websites where more than one third of content is sexual material harmful to minors.
Verification methods
Gov ID, Transactional data, Third party service
What it makes you log
Log retention
- As of
- Basis
- Fixed
- Prohibits retaining
- Any personally identifying information of the individual, once access to the sexual material has been granted; the bar binds the commercial entity and any third party that performs the age verification
Logging duty
Sections 3 and 4 require a reasonable age-verification method and bar keeping the individual's identifying information once access is granted; they name no record of the check. Section 8(b) separately makes a commercial entity keep written consents to publish a private image for five calendar years, which concerns consent to a private image and is not part of this row's age-assurance duty.
- Kind
- None
- As of
What this law does
Requires commercial entities whose websites are more than one-third sexual material harmful to minors to use a reasonable age verification method to ensure visitors are 18 or older, without retaining identifying information after access is granted.
When LexLint raises it
When your app profile says your app publishes adult content.
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