Text of MD HB 394 (2025)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb0394* HOUSE BILL 394 D3 5lr0834 By: Delegates Grammer, Arikan, Chisholm, Fisher, M. Morgan, Nawrocki, and Szeliga Introduced and read first time: January 16, 2025 Assigned to: Judiciary A BILL ENTITLED AN ACT concerning 1 Civil Actions – Distribution of Obscene Material to Minors and Age Verification 2 Information 3 FOR the purpose of establishing that a commercial entity that distributes obscene material 4 to minors on the Internet from certain websites is liable for certain damages; 5 prohibiting a commercial entity or third party that performs a certain age 6 verification of an individual from retaining any identifying information of an 7 individual under certain circumstances; and generally relating to the distribution of 8 obscene material to minors. 9 BY adding to 10 Article – Courts and Judicial Proceedings 11 Section 3–2601 and 3–2602 to be under the new subtitle “Subtitle 26. Distribution of 12 Obscene Material to Minors” 13 Annotated Code of Maryland 14 (2020 Replacement Volume and 2024 Supplement) 15 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 That the Laws of Maryland read as follows: 17 Article – Courts and Judicial Proceedings 18 SUBTITLE 26. DISTRIBUTION OF OBSCENE MATERIAL TO MINORS. 19 3–2601. 20 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 21 INDICATED. 22 2 HOUSE BILL 394 (B) “COMMERCIAL ENTITY” MEANS A CORPORATION, LIMITED LIABILITY 1 COMPANY, PARTNERSHIP, LIMITED PARTNERSHIP, OR SOLE PROPRIETORSHIP, OR 2 ANY OTHER LEGALLY RECOGNIZED ENTITY. 3 (C) “DISTRIBUTE” MEANS TO ISSUE, SELL, GIVE, PUBLISH, PROVIDE, 4 DELIVER, TRANSFER, TRANSMIT, CIRCULATE, OR DISSEMINATE BY ANY MEANS. 5 (D) “NEWS–GATHERING ORGANIZATION EMPLOYEE” MEANS: 6 (1) AN EMPLOYEE OF A NEWSPAPER, NEWS PUBLICATION, OR NEWS 7 SOURCE, WHETHER IN PRINT OR ON AN ONLINE OR MOBILE PLATFORM, OF CURRENT 8 NEWS AND PUBLIC INTEREST, WHILE OPERATING AS AN EMPLOYEE, WHO CAN 9 PROVIDE DOCUMENTATION OF THE EMPLOYMENT; OR 10 (2) AN EMPLOYEE OF A RADIO BROADCAST STATION, TELEVISION 11 BROADCAST STATION, CABLE TELEVISION OPERATOR, OR WIRE SERVICE WHILE 12 OPERATING AS AN EMPLOYEE, WHO CAN PROVIDE DOCUMENTATION OF THE 13 EMPLOYMENT. 14 (E) “OBSCENE” HAS THE MEANING STATED IN § 11–203 OF THE CRIMINAL 15 LAW ARTICLE. 16 (F) “REASONABLE AGE VERIFICATION METHODS” INCLUDES VERIFYING 17 THAT A PERSON SEEKING TO ACCESS MATERIAL IS AT LEAST 18 YEARS OLD BY 18 REQUIRING THE PERSON ATTEMPTING TO ACCESS THE MATERIAL TO COMPLY WITH 19 A COMMERCIAL AGE VERIFICATION SYSTEM THAT VERIFIES IN AT LEAST ONE OF THE 20 FOLLOWING WAYS: 21 (1) GOVERNMENT–ISSUED IDENTIFICATION; OR 22 (2) ANY COMMERCIALLY REASONABLE METHOD THAT RELIES ON 23 PUBLIC OR PRIVATE TRANSACTIONAL DATA TO VERIFY THAT THE PERSON 24 ATTEMPTING TO ACCESS THE INFORMATION IS AT LEAST 18 YEARS OLD. 25 (G) “SUBSTANTIAL PORTION” MEANS MORE THAN ONE–THIRD OF THE 26 TOTAL MATERIAL ON A WEBSITE. 27 (H) (1) “TRANSACTIONAL DATA” MEANS A SEQUENCE OF INFORMATION 28 THAT DOCUMENTS AN EXCHANGE, AN AGREEMENT, OR A TRANSFER BETWEEN AN 29 INDIVIDUAL, A COMMERCIAL ENTITY, OR A THIRD PARTY USED FOR THE PURPOSE 30 OF SATISFYING A REQUEST OR AN EVENT. 31 HOUSE BILL 394 3 (2) “TRANSACTIONAL DATA” INCLUDES RECORDS FROM MORTGAGE, 1 EDUCATION, AND EMPLOYMENT ENTITIES. 2 3–2602. 3 (A) THIS SECTION MAY NOT BE CONSTRUED TO IMPOSE LIABILITY ON AN 4 INTERNET SERVICE PROVIDER, OR ITS AFFILIATES OR SUBSIDIARIES, A SEARCH 5 ENGINE, OR A CLOUD SERVICE PROVIDER, SOLELY FOR PROVIDING ACCESS OR 6 CONNECTION TO OR FROM A WEBSITE OR OTHER INFORMATION OR CONTENT ON 7 THE INTERNET OR A FACILITY, SYSTEM, OR NETWORK NOT UNDER THE SERVICE 8 PROVIDER’S CONTROL INCLUDING TRANSMISSION, DOWNLOADING, INTERMEDIATE 9 STORAGE, ACCESS SOFTWARE, OR OTHER SERVICE TO THE EXTENT THAT THE 10 SERVICE PROVIDER IS NOT RESPONSIBLE FOR THE CREATION OR COMMUNICATION 11 OF THE OBSCENE MATERIAL. 12 (B) THIS SECTION DOES NOT APPLY TO ANY BONA FIDE NEWS OR PUBLIC 13 INTEREST BROADCAST, WEBSITE VIDEO, REPORT, OR EVENT AND MAY NOT BE 14 CONSTRUED TO AFFECT THE RIGHTS OF ANY NEWS–GATHERING ORGANIZATION 15 EMPLOYEES. 16 (C) (1) A COMMERCIAL ENTITY THAT KNOWINGLY AND INTENTIONALLY 17 DISTRIBUTES OBSCENE MATERIAL ON THE INTERNET FROM A WEBSITE THAT 18 CONTAINS A SUBSTANTIAL PORTION OF OBSCENE MATERIAL SHALL PERFORM 19 REASONABLE AGE VERIFICATION METHODS TO VERIFY THE AGE OF INDIVIDUALS 20 ATTEMPTING TO ACCESS THE MATERIAL. 21 (2) A COMMERCIAL ENTITY OR THIRD PARTY THAT PERFORMS AN 22 AGE VERIFICATION REQUIRED UNDER THIS SUBSECTION MAY NOT RETAIN ANY 23 IDENTIFYING INFORMATION ABOUT INDIVIDUALS ATTEMPTING TO ACCESS 24 OBSCENE MATERIAL AFTER ACCESS TO THE MATERIAL HAS BEEN GRANTED OR 25 DENIED. 26 (D) (1) A PERSON MAY BRING AN ACTION AGAINST A COMMERCIAL 27 ENTITY THAT VIOLATES SUBSECTION (C) OF THIS SECTION FOR DAMAGES 28 RESULTING FROM: 29 (I) A MINOR’S ACCESSING OF OBSCENE MATERIAL; OR 30 (II) THE RETENTION OF IDENTIFYING INFORMATION OF AN 31 INDIVIDUAL. 32 (2) A COURT MAY AWARD COSTS AND REASONABLE ATTORNEY’S FEES 33 TO A PREVAILING PLAINTIFF UNDER THIS SECTION. 34 4 HOUSE BILL 394 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 October 1, 2025. 2