Text of CO SB 201 (2025)

First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0808.01 Richard Sweetman x4333 SENATE BILL 25-201 Senate Committees House Committees Health & Human Services A BILL FOR AN ACT CONCERNING REQUIRING CERTAIN INTERNET WEBSITES THAT PROVIDE 101 MATERIAL THAT IS HARMFUL TO CHILDREN TO VERIFY THE AGE 102 OF INDIVIDUALS WHO ATTEMPT TO ACCESS SUCH MATERIAL. 103 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) On and after July 1, 2026, the bill requires certain internet websites that knowingly and intentionally publish or distribute material that is harmful to children (covered platforms) to: ! Perform one or more reasonable age verification measures to verify the age of each individual who attempts to access SENATE SPONSORSHIP Lundeen and Daugherty, Michaelson Jenet HOUSE SPONSORSHIP Lukens and Lindsay, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. such material; ! Prevent children from accessing such material; and ! Arrange for annual independent audits of the results of the covered platform's reasonable age verification measures. On and after July 1, 2026, a covered platform must offer each user at least one option by which the covered platform may verify the user's age without the user having to disclose the user's identity. For this purpose, a covered platform must employ commercially available technologies that are independently certified to be highly effective in establishing that an individual is not a child. A covered platform may not rely solely upon the geographical registration of an internet protocol address to determine a user's location and must apply extensive due diligence based on available technology before concluding that an individual is not located in Colorado. A covered platform must ensure that each reasonable age verification measure that the covered platform employs includes a means by which a potential user of the covered platform may appeal a determination concerning the potential user's age. A covered platform that acquires personal data for the purposes of age verification must destroy the personal data as soon as reasonably possible after a potential user's age is checked for age verification. In acquiring and retaining personal data, a covered platform must otherwise comply with the requirements of the "Colorado Privacy Act". Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. Legislative declaration. (1) Recognizing the 2 widespread availability of online pornographic content and its potential 3 harm to minors, the general assembly finds it necessary to require the 4 implementation of age verification measures to prevent youth from 5 accessing such material. This declaration affirms the state's commitment 6 to safeguarding children from exposure to explicit content that may 7 negatively impact their development, while protecting the rights of 8 individuals 18 years of age and older. By requiring robust and effective 9 age verification systems for access to online pornography, and requiring 10 a nonidentity-document-based option, this legislation seeks to uphold the 11 well-being of minors while respecting the rights of adults to lawful 12 SB25-201 -2- access. 1 (2) The general assembly also finds that: 2 (a) Extensive research has demonstrated that exposure to 3 pornography at a young age can contribute to adverse public health 4 outcomes, including increased rates of anxiety, depression, and distorted 5 perceptions of healthy relationships and consent; 6 (b) Studies indicate that early and repeated exposure to sexually 7 explicit material is linked to compulsive behaviors, desensitization to 8 violence, and unrealistic expectations about intimacy, which can have 9 long-term consequences on minor viewers' mental and emotional 10 well-being; 11 (c) Leading public health organizations emphasize the need for 12 protective measures to prevent premature exposure to pornography, citing 13 its potential to negatively influence adolescent brain development and 14 social behavior; and 15 (d) The expanding sophisticated adoption of technology has made 16 traditional age verification measures, such as simple self-attestation or 17 parental controls, ineffective in preventing underage access to explicit 18 online material, necessitating stronger safeguards for public health 19 protection. 20 (3) Therefore, the general assembly declares that: 21 (a) This act is a critical public health measure and is intended to 22 require effective and enforceable age verification measures for accessing 23 online pornography websites that are accessible within the state; and 24 (b) The general assembly remains committed to ensuring that any 25 regulatory measures respect user privacy while achieving the paramount 26 goal of promoting public health and protecting minors from harmful 27 SB25-201 -3- exposure to explicit content. 1 SECTION 2. In Colorado Revised Statutes, add article 29 to title 2 6 as follows: 3 ARTICLE 29 4 Age Verification for Providers of Online 5 Material that Is Harmful to Children 6 6-29-101. Providers of online material that is harmful to 7 children - user age verification measures required - appeals of age 8 determinations - definitions. (1) AS USED IN THIS SECTION, UNLESS THE 9 CONTEXT OTHERWISE REQUIRES: 10 (a) "CHILD" MEANS AN INDIVIDUAL UNDER EIGHTEEN YEARS OF 11 AGE WHO RESIDES IN COLORADO. 12 (b) (I) "COVERED PLATFORM" MEANS AN ENTITY: 13 (A) THAT IS A WEBSITE; AND 14 (B) THAT, IN THE REGULAR COURSE OF THE TRADE OR BUSINESS OF 15 THE ENTITY, CREATES, HOSTS, OR MAKES AVAILABLE MATERIAL THAT IS 16 HARMFUL TO CHILDREN, WHICH MATERIAL IS PROVIDED BY THE ENTITY, A 17 USER, OR OTHER INFORMATION CONTENT PROVIDER, WITH THE OBJECTIVE 18 OF EARNING A PROFIT. 19 (II) "COVERED PLATFORM" INCLUDES AN ENTITY DESCRIBED IN 20 SUBSECTION (1)(b)(I) OF THIS SECTION REGARDLESS OF WHETHER: 21 (A) THE ENTITY EARNS A PROFIT ON THE ACTIVITIES DESCRIBED IN 22 SUBSECTION (1)(b)(I)(B) OF THIS SECTION; OR 23 (B) CREATING, HOSTING, OR MAKING AVAILABLE CONTENT THAT 24 IS HARMFUL TO CHILDREN IS A SUBSTANTIAL SOURCE OF INCOME OR 25 PRINCIPAL BUSINESS OF THE ENTITY. 26 (III) "COVERED PLATFORM" DOES NOT INCLUDE: 27 SB25-201 -4- (A) AN INTERNET WEBSITE THAT PROHIBITS MATERIAL HARMFUL 1 TO CHILDREN IN ITS TERMS AND CONDITIONS, MAKES REASONABLE 2 EFFORTS TO SCAN USER-GENERATED CONTENT TO REMOVE MATERIAL 3 HARMFUL TO CHILDREN, AND OPERATES A REPORTING PROCESS TO 4 AFFIRMATIVELY REMOVE MATERIAL HARMFUL TO CHILDREN THAT IS NOT 5 REMOVED SYSTEMATICALLY; 6 (B) AN INTERNET SERVICE PROVIDER OR ITS AFFILIATES OR 7 SUBSIDIARIES; 8 (C) A GENERAL PURPOSE SEARCH ENGINE; 9 (D) A CLOUD SERVICE PROVIDER; 10 (E) A BROADCAST TELEVISION SERVICE, CABLE SERVICE, 11 SATELLITE SERVICE, STREAMING MEDIA SERVICE, OR OTHER SERVICE 12 OFFERING VIDEO PROGRAMMING, AS DEFINED IN SECTION 613 (h)(2) OF 13 THE "COMMUNICATIONS ACT OF 1934", 47 U.S.C. SEC. 151 ET SEQ.; OR 14 (F) A COMMERCIAL ENTITY WHOSE INTERNET WEBSITE CONTAINS 15 MATERIAL HARMFUL TO CHILDREN BUT WHOSE REGULAR COURSE OF 16 TRADE OR BUSINESS IS NOT CREATING, HOSTING, OR MAKING AVAILABLE 17 MATERIAL HARMFUL TO CHILDREN ON THE INTERNET, AS EVIDENCED BY 18 THE AMOUNT OF DATA THAT CONSTITUTES MATERIAL HARMFUL TO 19 CHILDREN ON THE COMMERCIAL ENTITY'S INTERNET WEBSITE, THE 20 AMOUNT OF DATA THAT CONSTITUTES MATERIAL HARMFUL TO CHILDREN 21 ON THE COMMERCIAL ENTITY'S INTERNET WEBSITE IN PROPORTION TO THE 22 TOTAL AMOUNT OF DATA ON THE COMMERCIAL ENTITY'S INTERNET 23 WEBSITE, THE AMOUNT OF USER TRAFFIC TO MATERIAL HARMFUL TO 24 CHILDREN ON THE COMMERCIAL ENTITY'S INTERNET WEBSITE, THE 25 AMOUNT OF USER TRAFFIC TO MATERIAL HARMFUL TO CHILDREN ON THE 26 COMMERCIAL ENTITY'S INTERNET WEBSITE IN PROPORTION TO ALL USER 27 SB25-201 -5- TRAFFIC ON THE COMMERCIAL ENTITY'S INTERNET WEBSITE, THE AMOUNT 1 OF REVENUE THE COMMERCIAL ENTITY OBTAINS FROM MATERIAL 2 HARMFUL TO CHILDREN ON THE COMMERCIAL ENTITY'S INTERNET WEBSITE, 3 OR THE AMOUNT OF REVENUE THE COMMERCIAL ENTITY GENERATES FROM 4 MATERIAL HARMFUL TO CHILDREN ON THE COMMERCIAL ENTITY'S 5 INTERNET WEBSITE IN PROPORTION TO ALL REVENUES THE COMMERCIAL 6 ENTITY GENERATES. 7 (IV) FOR THE PURPOSES OF SUBSECTION (1)(b)(I)(B) OF THIS 8 SECTION, THE MERE PRESENCE OF MATERIAL HARMFUL TO CHILDREN ON A 9 COMMERCIAL ENTITY'S INTERNET WEBSITE SHALL NOT BE CONSTRUED TO 10 MEAN THAT THE COMMERCIAL ENTITY CREATES, HOSTS, OR MAKES 11 AVAILABLE MATERIAL THAT IS HARMFUL TO CHILDREN IN THE REGULAR 12 COURSE OF THE ENTITY'S TRADE OR BUSINESS. IN DETERMINING WHETHER 13 A COMMERCIAL ENTITY'S REGULAR COURSE OF TRADE OR BUSINESS IS 14 CREATING, HOSTING, OR MAKING AVAILABLE MATERIAL HARMFUL TO 15 CHILDREN ON THE INTERNET, THE FOLLOWING SHALL BE CONSIDERED: 16 (A) THE AMOUNT OF DATA THAT CONSTITUTES MATERIAL 17 HARMFUL TO CHILDREN ON THE COMMERCIAL ENTITY'S INTERNET 18 WEBSITE; 19 (B) THE AMOUNT OF DATA THAT CONSTITUTES MATERIAL 20 HARMFUL TO CHILDREN ON THE COMMERCIAL ENTITY'S INTERNET WEBSITE 21 IN PROPORTION TO THE TOTAL AMOUNT OF DATA ON THE COMMERCIAL 22 ENTITY'S INTERNET WEBSITE; 23 (C) THE AMOUNT OF USER TRAFFIC TO MATERIAL HARMFUL TO 24 CHILDREN ON THE COMMERCIAL ENTITY'S INTERNET WEBSITE; 25 (D) THE AMOUNT OF USER TRAFFIC TO MATERIAL HARMFUL TO 26 CHILDREN ON THE COMMERCIAL ENTITY'S INTERNET WEBSITE IN 27 SB25-201 -6- PROPORTION TO ALL USER TRAFFIC ON THE COMMERCIAL ENTITY'S 1 INTERNET WEBSITE; 2 (E) THE AMOUNT OF REVENUE THE COMMERCIAL ENTITY OBTAINS 3 FROM MATERIAL HARMFUL TO CHILDREN ON THE COMMERCIAL ENTITY'S 4 INTERNET WEBSITE; AND 5 (F) THE AMOUNT OF REVENUE THE COMMERCIAL ENTITY 6 GENERATES FROM MATERIAL HARMFUL TO CHILDREN ON THE COMMERCIAL 7 ENTITY'S INTERNET WEBSITE IN PROPORTION TO ALL REVENUES THE 8 COMMERCIAL ENTITY GENERATES. 9 (c) "HARMFUL TO CHILDREN" HAS THE MEANING SET FORTH IN 10 SECTION 18-7-501 (2). 11 (d) "INDEPENDENT AUDITOR" MEANS A PROFESSIONAL AUDITOR 12 THAT: 13 (I) IS OPERATIONALLY AND FINANCIALLY INDEPENDENT OF ANY 14 COVERED PLATFORM; 15 (II) MAINTAINS OPERATIONAL AND FINANCIAL INDEPENDENCE 16 FROM SUPPLIERS OF AGE-RESTRICTED GOODS, SERVICES, AND CONTENT; 17 AND 18 (III) HAS NO INCENTIVE TO PROVIDE RESULTS THAT DO NOT MEET 19 REGULATORY REQUIREMENTS AND APPLICABLE STANDARDS. 20 (e) "PUBLISH" MEANS TO COMMUNICATE OR MAKE INFORMATION 21 AVAILABLE TO ANOTHER PERSON ON A PUBLICLY AVAILABLE INTERNET 22 WEBSITE. 23 (f) (I) "REASONABLE AGE VERIFICATION MEASURE" MEANS A 24 COMMERCIALLY REASONABLE MEASURE THAT: 25 (A) CAN RELIABLY AND ACCURATELY DETERMINE WHETHER A 26 USER OF A COVERED PLATFORM IS A CHILD; 27 SB25-201 -7- (B) PREVENTS ACCESS BY CHILDREN TO CONTENT ON A COVERED 1 PLATFORM; AND 2 (C) VERIFIES EACH USER AND POTENTIAL USER'S AGE BY 3 EMPLOYING COMMERCIALLY AVAILABLE TECHNOLOGIES THAT ARE 4 INDEPENDENTLY CERTIFIED TO BE HIGHLY EFFECTIVE IN ESTABLISHING 5 THAT AN INDIVIDUAL IS NOT A CHILD. 6 (II) A "REASONABLE AGE VERIFICATION MEASURE" MAY, BUT IS 7 NOT REQUIRED TO, REQUIRE A POTENTIAL USER TO SUBMIT A 8 GOVERNMENT-ISSUED FORM OF IDENTIFICATION. 9 (2) (a) ON AND AFTER JULY 1, 2026, A COVERED PLATFORM THAT 10 KNOWINGLY AND INTENTIONALLY PUBLISHES OR DISTRIBUTES MATERIAL 11 THAT IS HARMFUL TO CHILDREN ON THE INTERNET SHALL: 12 (I) PERFORM ONE OR MORE REASONABLE AGE VERIFICATION 13 MEASURES TO VERIFY THE AGE OF EACH INDIVIDUAL WHO ATTEMPTS TO 14 ACCESS SUCH MATERIAL; 15 (II) PREVENT CHILDREN FROM ACCESSING SUCH MATERIAL; AND 16 (III) ARRANGE FOR AUDITS OF THE RESULTS OF THE COVERED 17 PLATFORM'S REASONABLE AGE VERIFICATION MEASURES, WHICH AUDITS 18 ARE PERFORMED: 19 (A) AT LEAST ANNUALLY; 20 (B) AT THE EXPENSE OF THE COVERED PLATFORM; 21 (C) BY AN INDEPENDENT AUDITOR; AND 22 (D) FOR THE PURPOSE OF CERTIFYING THAT THE REASONABLE AGE 23 VERIFICATION MEASURES SATISFY A RELEVANT, RECOGNIZED 24 INTERNATIONAL STANDARD, SUCH AS ISO/IEC 27566-1, IEEE 2089.1, OR 25 THE EQUIVALENT. 26 (b) ON AND AFTER JULY 1, 2026, A COVERED PLATFORM SHALL 27 SB25-201 -8- OFFER EACH USER OR POTENTIAL USER OF THE COVERED PLATFORM AT 1 LEAST ONE OPTION BY WHICH THE COVERED PLATFORM MAY VERIFY THE 2 USER'S OR POTENTIAL USER'S AGE WITHOUT THE USER OR POTENTIAL USER 3 HAVING TO DISCLOSE THE USER'S OR POTENTIAL USER'S IDENTITY TO THE 4 COVERED PLATFORM. FOR THIS PURPOSE, A COVERED PLATFORM SHALL 5 EMPLOY COMMERCIALLY AVAILABLE TECHNOLOGIES THAT ARE 6 INDEPENDENTLY CERTIFIED TO BE HIGHLY EFFECTIVE IN ESTABLISHING 7 THAT AN INDIVIDUAL IS NOT A CHILD. 8 (3) FOR THE PURPOSES OF THIS SECTION, A COVERED PLATFORM 9 SHALL NOT RELY SOLELY UPON THE GEOGRAPHICAL REGISTRATION OF AN 10 INTERNET PROTOCOL ADDRESS TO DETERMINE A USER'S LOCATION AND 11 SHALL APPLY EXTENSIVE DUE DILIGENCE BASED ON AVAILABLE 12 TECHNOLOGY BEFORE CONCLUDING THAT AN INDIVIDUAL IS NOT LOCATED 13 IN COLORADO. 14 (4) ON AND AFTER JULY 1, 2026, IN SATISFYING THE 15 REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION, A COVERED 16 PLATFORM SHALL ENSURE THAT EACH REASONABLE AGE VERIFICATION 17 MEASURE THAT THE COVERED PLATFORM EMPLOYS FOR THE PURPOSES OF 18 THIS ARTICLE 29 INCLUDES A MEANS BY WHICH A POTENTIAL USER OF THE 19 COVERED PLATFORM MAY APPEAL A DETERMINATION CONCERNING THE 20 POTENTIAL USER'S AGE. 21 (5) A COVERED PLATFORM THAT ACQUIRES PERSONAL DATA FOR 22 THE PURPOSES OF AGE VERIFICATION PURSUANT TO THIS ARTICLE 29 SHALL 23 DESTROY THE PERSONAL DATA AS SOON AS REASONABLY POSSIBLE AFTER 24 A POTENTIAL USER'S AGE IS CHECKED FOR AGE VERIFICATION. IN 25 ACQUIRING AND RETAINING PERSONAL DATA AS DESCRIBED IN THIS 26 SECTION, A COVERED PLATFORM SHALL OTHERWISE COMPLY WITH THE 27 SB25-201 -9- REQUIREMENTS OF THE "COLORADO PRIVACY ACT", PART 13 OF ARTICLE 1 1 OF THIS TITLE 6. 2 (6) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE 3 CONTRARY, THIS SECTION: 4 (a) DOES NOT APPLY TO ANY BONA FIDE NEWS OR PUBLIC INTEREST 5 BROADCAST, WEBSITE VIDEO, REPORT, OR EVENT; AND 6 (b) SHALL NOT BE CONSTRUED TO AFFECT THE RIGHTS OF ANY 7 NEWS-GATHERING ORGANIZATIONS. 8 SECTION 3. Act subject to petition - effective date. This act 9 takes effect at 12:01 a.m. on the day following the expiration of the 10 ninety-day period after final adjournment of the general assembly; except 11 that, if a referendum petition is filed pursuant to section 1 (3) of article V 12 of the state constitution against this act or an item, section, or part of this 13 act within such period, then the act, item, section, or part will not take 14 effect unless approved by the people at the general election to be held in 15 November 2026 and, in such case, will take effect on the date of the 16 official declaration of the vote thereon by the governor. 17 SB25-201 -10-