A new bill introduced in the North Dakota Legislature aims to require age verification for accessing online pornography, adding the state to the growing list of jurisdictions seeking to regulate minors’ exposure to explicit content on the internet.

House Bill 1561, introduced by Representative Steve Swiontek (R-Fargo), mandates that commercial websites hosting material deemed “harmful to minors” implement robust age verification systems. These systems must verify the age of users through digitized identification cards or commercial systems utilizing government-issued IDs or transactional data. Under the proposed law:

• Entities hosting explicit material would face liability if they fail to verify user ages.
• Verification data cannot be retained after the process is complete, a provision raising questions about auditing and enforcement.
• Parents or guardians of minors who access such material or individuals whose data is improperly retained could seek legal action, including compensatory damages and attorney fees.

Notably, the bill exempts bona fide news outlets, public interest organizations, internet service providers, search engines, and cloud service providers from liability unless they are responsible for creating explicit content.

Governor Kelly Armstrong, who previously expressed support for age verification during his gubernatorial campaign, has highlighted the need for such measures. “We have tools at our disposal to limit minors’ exposure to harmful material online. This legislation is a step toward ensuring that those tools are used effectively,” Armstrong said during his campaign.

Swiontek echoed these sentiments, emphasizing the bill’s focus on balancing child protection with individual privacy. “This law is about safeguarding children without overstepping into censorship,” he said.

Despite its intentions, HB 1561 faces logistical and ethical challenges. Critics question its enforceability against foreign websites or operators beyond U.S. jurisdiction. Moreover, the bill’s reliance on subjective definitions of “harmful material” could create legal gray areas.

The bill defines harmful material as content that, under contemporary community standards, appeals to minors’ prurient interests. Critics note that interpretations of what constitutes explicit or prurient material can vary widely.

“I was a teenage boy once, and I can tell you, prurient interests aren’t limited to what one might traditionally define as pornography,” noted one commentator. Others caution against overreach, pointing out that certain groups might seek to include LGBTQ+ content or artistic depictions under the harmful material category.

North Dakota’s legislative push aligns with similar efforts in states such as Louisiana and Utah, which have passed laws requiring age verification on adult websites. However, these laws have often resulted in unintended consequences. For example, Louisiana saw an 80% drop in traffic to major adult websites, with users turning to less-regulated platforms.

Industry representatives, such as Aylo, the parent company of Pornhub, have criticized such measures as ineffective and potentially dangerous, arguing they push users toward less secure, unregulated parts of the internet.

The bill introduces a threefold challenge: addressing legal liability, ensuring technical feasibility, and preserving individual rights. While proponents view age verification as a necessary safeguard for minors, detractors warn of potential overreach and logistical hurdles.

The North Dakota Legislature is expected to hold hearings on HB 1561 in the coming weeks. If passed, the law would join a growing national conversation on the intersection of online safety, privacy, and free speech.