Kentucky HB 278 (Age Verification)

BadLawKY HB 278United StatesKentucky, United States
In forceHigh threat
  1. Introduced
  2. Passed House
  3. Passed Senate
  4. Became Law

Kentucky's adult-site age check, with a $10,000 penalty for each failed verification and $1,000 a day for keeping a user's ID.

Latest update

Took effect

Current position

In force

What it does

Kentucky HB 278 makes any commercial site where more than a third of the content is harmful to minors verify a visitor's age before granting access, using a government ID or a commercially reasonable method reading transaction data. A private lawsuit can recover $10,000 for each failed check and $1,000 for every day the site knowingly holds onto identifying data.

Why it matters

The per-day penalty for retained data puts a price on the exact risk age checks create. Kentucky is telling operators to verify identity and then not keep it, which is hard to guarantee once the data exists.

Our take

Kentucky priced the privacy danger directly: $1,000 a day for hanging onto the ID it forced you to hand over. That the legislature had to write that penalty at all shows it knew the age check builds a data trail worth suing over.

Timeline

Took effect

Latest

Signed into law

Sponsor

Rep. Matt Lockett

Votes

  • House — Passed (92 to 0) · February 26, 2024
  • Senate — Passed (36 to 0) · March 27, 2024