WV HB2689

Commercial entities that publish or distribute sexual material harmful to minors as more than 33-1/3% of their website content must verify users are 18+ through digital identification or government-issued ID verification systems

Entities must not retain any identifying information after granting access, and must follow National Institute of Standards and Technology guidelines to limit personally identifiable information transferred during verification

Individuals can sue violating entities for $10,000 per violation plus actual damages, attorney fees, and court costs; the Attorney General can seek civil penalties of $10,000 per day of violation plus up to $250,000 if minors access the material

Internet service providers, search engines, and cloud service providers are exempt from liability if they are not the creators of the harmful content; news-gathering organizations are also exempt

The Office of Technology under the Department of Administration will establish rules for age verification processes, data retention, and secure disposal requirements, with verification agents required to have principal place of business in the United States