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 C ONCERNING REQUIRING CERTAIN INTERNET WEBSITES THAT PROVIDE101 MATERIAL THAT IS HARMFUL TO CHILDREN TO VERIFY THE AGE102 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 the2 widespread availability of online pornographic content and its potential3 harm to minors, the general assembly finds it necessary to require the4 implementation of age verification measures to prevent youth from5 accessing such material. This declaration affirms the state's commitment6 to safeguarding children from exposure to explicit content that may7 negatively impact their development, while protecting the rights of8 individuals 18 years of age and older. By requiring robust and effective9 age verification systems for access to online pornography, and requiring10 a nonidentity-document-based option, this legislation seeks to uphold the11 well-being of minors while respecting the rights of adults to lawful12 SB25-201-2- access.1 (2) The general assembly also finds that:2 (a) Extensive research has demonstrated that exposure to3 pornography at a young age can contribute to adverse public health4 outcomes, including increased rates of anxiety, depression, and distorted5 perceptions of healthy relationships and consent;6 (b) Studies indicate that early and repeated exposure to sexually7 explicit material is linked to compulsive behaviors, desensitization to8 violence, and unrealistic expectations about intimacy, which can have9 long-term consequences on minor viewers' mental and emotional10 well-being;11 (c) Leading public health organizations emphasize the need for12 protective measures to prevent premature exposure to pornography, citing13 its potential to negatively influence adolescent brain development and14 social behavior; and15 (d) The expanding sophisticated adoption of technology has made16 traditional age verification measures, such as simple self-attestation or17 parental controls, ineffective in preventing underage access to explicit18 online material, necessitating stronger safeguards for public health19 protection.20 (3) Therefore, the general assembly declares that:21 (a) This act is a critical public health measure and is intended to22 require effective and enforceable age verification measures for accessing23 online pornography websites that are accessible within the state; and24 (b) The general assembly remains committed to ensuring that any25 regulatory measures respect user privacy while achieving the paramount26 goal of promoting public health and protecting minors from harmful27 SB25-201 -3- exposure to explicit content.1 SECTION 2. In Colorado Revised Statutes, add article 29 to title2 6 as follows:3 ARTICLE 294 Age Verification for Providers of Online5 Material that Is Harmful to Children6 6-29-101. Providers of online material that is harmful to7 children - user age verification measures required - appeals of age8 determinations - definitions. (1) A S USED IN THIS SECTION, UNLESS THE9 CONTEXT OTHERWISE REQUIRES :10 (a) "C HILD" MEANS AN INDIVIDUAL UNDER EIGHTEEN YEARS OF11 AGE WHO RESIDES IN COLORADO.12 (b) (I) "C OVERED PLATFORM" MEANS AN ENTITY:13 (A) T HAT IS A WEBSITE; AND14 (B) T HAT, IN THE REGULAR COURSE OF THE TRADE OR BUSINESS OF15 THE ENTITY, CREATES, HOSTS, OR MAKES AVAILABLE MATERIAL THAT IS16 HARMFUL TO CHILDREN, WHICH MATERIAL IS PROVIDED BY THE ENTITY, A17 USER, OR OTHER INFORMATION CONTENT PROVIDER , WITH THE OBJECTIVE18 OF EARNING A PROFIT.19 (II) "C OVERED PLATFORM" INCLUDES AN ENTITY DESCRIBED IN20 SUBSECTION (1)(b)(I) OF THIS SECTION REGARDLESS OF WHETHER :21 (A) T HE ENTITY EARNS A PROFIT ON THE ACTIVITIES DESCRIBED IN22 SUBSECTION (1)(b)(I)(B) OF THIS SECTION; OR23 (B) C REATING, HOSTING, OR MAKING AVAILABLE CONTENT THAT24 IS HARMFUL TO CHILDREN IS A SUBSTANTIAL SOURCE OF INCOME OR25 PRINCIPAL BUSINESS OF THE ENTITY.26 (III) "C OVERED PLATFORM" DOES NOT INCLUDE:27 SB25-201 -4- (A) AN INTERNET WEBSITE THAT PROHIBITS MATERIAL HARMFUL1 TO CHILDREN IN ITS TERMS AND CONDITIONS , MAKES REASONABLE2 EFFORTS TO SCAN USER-GENERATED CONTENT TO REMOVE MATERIAL3 HARMFUL TO CHILDREN , AND OPERATES A REPORTING PROCESS TO4 AFFIRMATIVELY REMOVE MATERIAL HARMFUL TO CHILDREN THAT IS NOT5 REMOVED SYSTEMATICALLY ;6 (B) A N INTERNET SERVICE PROVIDER OR ITS AFFILIATES OR7 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 SERVICE12 OFFERING VIDEO PROGRAMMING , AS DEFINED IN SECTION 613 (h)(2) OF13 THE "COMMUNICATIONS ACT OF 1934", 47 U.S.C. SEC. 151 ET SEQ.; OR14 (F) A COMMERCIAL ENTITY WHOSE INTERNET WEBSITE CONTAINS15 MATERIAL HARMFUL TO CHILDREN BUT WHOSE REGULAR COURSE OF16 TRADE OR BUSINESS IS NOT CREATING, HOSTING, OR MAKING AVAILABLE17 MATERIAL HARMFUL TO CHILDREN ON THE INTERNET , AS EVIDENCED BY18 THE AMOUNT OF DATA THAT CONSTITUTES MATERIAL HARMFUL TO19 CHILDREN ON THE COMMERCIAL ENTITY 'S INTERNET WEBSITE, THE20 AMOUNT OF DATA THAT CONSTITUTES MATERIAL HARMFUL TO CHILDREN21 ON THE COMMERCIAL ENTITY'S INTERNET WEBSITE IN PROPORTION TO THE22 TOTAL AMOUNT OF DATA ON THE COMMERCIAL ENTITY 'S INTERNET23 WEBSITE, THE AMOUNT OF USER TRAFFIC TO MATERIAL HARMFUL TO24 CHILDREN ON THE COMMERCIAL ENTITY 'S INTERNET WEBSITE, THE25 AMOUNT OF USER TRAFFIC TO MATERIAL HARMFUL TO CHILDREN ON THE26 COMMERCIAL ENTITY'S INTERNET WEBSITE IN PROPORTION TO ALL USER27 SB25-201 -5- TRAFFIC ON THE COMMERCIAL ENTITY 'S INTERNET WEBSITE, THE AMOUNT1 OF REVENUE THE COMMERCIAL ENTITY OBTAINS FROM MATERIAL2 HARMFUL TO CHILDREN ON THE COMMERCIAL ENTITY 'S INTERNET WEBSITE,3 OR THE AMOUNT OF REVENUE THE COMMERCIAL ENTITY GENERATES FROM4 MATERIAL HARMFUL TO CHILDREN ON THE COMMERCIAL ENTITY 'S5 INTERNET WEBSITE IN PROPORTION TO ALL REVENUES THE COMMERCIAL6 ENTITY GENERATES.7 (IV) F OR THE PURPOSES OF SUBSECTION (1)(b)(I)(B) OF THIS8 SECTION, THE MERE PRESENCE OF MATERIAL HARMFUL TO CHILDREN ON A9 COMMERCIAL ENTITY'S INTERNET WEBSITE SHALL NOT BE CONSTRUED TO10 MEAN THAT THE COMMERCIAL ENTITY CREATES , HOSTS, OR MAKES11 AVAILABLE MATERIAL THAT IS HARMFUL TO CHILDREN IN THE REGULAR12 COURSE OF THE ENTITY'S TRADE OR BUSINESS. IN DETERMINING WHETHER13 A COMMERCIAL ENTITY'S REGULAR COURSE OF TRADE OR BUSINESS IS14 CREATING, HOSTING, OR MAKING AVAILABLE MATERIAL HARMFUL TO15 CHILDREN ON THE INTERNET, THE FOLLOWING SHALL BE CONSIDERED :16 (A) T HE AMOUNT OF DATA THAT CONSTITUTES MATERIAL17 HARMFUL TO CHILDREN ON THE COMMERCIAL ENTITY 'S INTERNET18 WEBSITE;19 (B) T HE AMOUNT OF DATA THAT CONSTITUTES MATERIAL20 HARMFUL TO CHILDREN ON THE COMMERCIAL ENTITY 'S INTERNET WEBSITE21 IN PROPORTION TO THE TOTAL AMOUNT OF DATA ON THE COMMERCIAL22 ENTITY'S INTERNET WEBSITE;23 (C) T HE AMOUNT OF USER TRAFFIC TO MATERIAL HARMFUL TO24 CHILDREN ON THE COMMERCIAL ENTITY 'S INTERNET WEBSITE;25 (D) T HE AMOUNT OF USER TRAFFIC TO MATERIAL HARMFUL TO26 CHILDREN ON THE COMMERCIAL ENTITY 'S INTERNET WEBSITE IN27 SB25-201 -6- PROPORTION TO ALL USER TRAFFIC ON THE COMMERCIAL ENTITY 'S1 INTERNET WEBSITE;2 (E) T HE AMOUNT OF REVENUE THE COMMERCIAL ENTITY OBTAINS3 FROM MATERIAL HARMFUL TO CHILDREN ON THE COMMERCIAL ENTITY 'S4 INTERNET WEBSITE; AND5 (F) T HE AMOUNT OF REVENUE THE COMMERCIAL ENTITY6 GENERATES FROM MATERIAL HARMFUL TO CHILDREN ON THE COMMERCIAL7 ENTITY'S INTERNET WEBSITE IN PROPORTION TO ALL REVENUES THE8 COMMERCIAL ENTITY GENERATES .9 (c) "H ARMFUL TO CHILDREN" HAS THE MEANING SET FORTH IN10 SECTION 18-7-501 (2).11 (d) "I NDEPENDENT AUDITOR" MEANS A PROFESSIONAL AUDITOR12 THAT:13 (I) I S OPERATIONALLY AND FINANCIALLY INDEPENDENT OF ANY14 COVERED PLATFORM;15 (II) M AINTAINS OPERATIONAL AND FINANCIAL INDEPENDENCE16 FROM SUPPLIERS OF AGE-RESTRICTED GOODS, SERVICES, AND CONTENT;17 AND18 (III) H AS NO INCENTIVE TO PROVIDE RESULTS THAT DO NOT MEET19 REGULATORY REQUIREMENTS AND APPLICABLE STANDARDS .20 (e) "P UBLISH" MEANS TO COMMUNICATE OR MAKE INFORMATION21 AVAILABLE TO ANOTHER PERSON ON A PUBLICLY AVAILABLE INTERNET22 WEBSITE.23 (f) (I) "R EASONABLE AGE VERIFICATION MEASURE " MEANS A24 COMMERCIALLY REASONABLE MEASURE THAT :25 (A) C AN RELIABLY AND ACCURATELY DETERMINE WHETHER A26 USER OF A COVERED PLATFORM IS A CHILD;27 SB25-201 -7- (B) PREVENTS ACCESS BY CHILDREN TO CONTENT ON A COVERED1 PLATFORM; AND2 (C) V ERIFIES EACH USER AND POTENTIAL USER 'S AGE BY3 EMPLOYING COMMERCIALLY AVAILABLE TECHNOLOGIES THAT ARE4 INDEPENDENTLY CERTIFIED TO BE HIGHLY EFFECTIVE IN ESTABLISHING5 THAT AN INDIVIDUAL IS NOT A CHILD.6 (II) A "REASONABLE AGE VERIFICATION MEASURE " MAY, BUT IS7 NOT REQUIRED TO , REQUIRE A POTENTIAL USER TO SUBMIT A8 GOVERNMENT-ISSUED FORM OF IDENTIFICATION.9 (2) (a) O N AND AFTER JULY 1, 2026, A COVERED PLATFORM THAT10 KNOWINGLY AND INTENTIONALLY PUBLISHES OR DISTRIBUTES MATERIAL11 THAT IS HARMFUL TO CHILDREN ON THE INTERNET SHALL :12 (I) P ERFORM ONE OR MORE REASONABLE AGE VERIFICATION13 MEASURES TO VERIFY THE AGE OF EACH INDIVIDUAL WHO ATTEMPTS TO14 ACCESS SUCH MATERIAL;15 (II) P REVENT CHILDREN FROM ACCESSING SUCH MATERIAL ; AND16 (III) A RRANGE FOR AUDITS OF THE RESULTS OF THE COVERED17 PLATFORM'S REASONABLE AGE VERIFICATION MEASURES , WHICH AUDITS18 ARE PERFORMED:19 (A) A T LEAST ANNUALLY;20 (B) A T THE EXPENSE OF THE COVERED PLATFORM ;21 (C) B Y AN INDEPENDENT AUDITOR; AND22 (D) F OR THE PURPOSE OF CERTIFYING THAT THE REASONABLE AGE23 VERIFICATION MEASURES SATISFY A RELEVANT , RECOGNIZED24 INTERNATIONAL STANDARD , SUCH AS ISO/IEC 27566-1, IEEE 2089.1, OR25 THE EQUIVALENT.26 (b) O N AND AFTER JULY 1, 2026, A COVERED PLATFORM SHALL27 SB25-201 -8- OFFER EACH USER OR POTENTIAL USER OF THE COVERED PLATFORM AT1 LEAST ONE OPTION BY WHICH THE COVERED PLATFORM MAY VERIFY THE2 USER'S OR POTENTIAL USER'S AGE WITHOUT THE USER OR POTENTIAL USER3 HAVING TO DISCLOSE THE USER'S OR POTENTIAL USER'S IDENTITY TO THE4 COVERED PLATFORM. FOR THIS PURPOSE, A COVERED PLATFORM SHALL5 EMPLOY COMMERCIALLY AVAILABLE TECHNOLOGIES THAT ARE6 INDEPENDENTLY CERTIFIED TO BE HIGHLY EFFECTIVE IN ESTABLISHING7 THAT AN INDIVIDUAL IS NOT A CHILD.8 (3) F OR THE PURPOSES OF THIS SECTION, A COVERED PLATFORM9 SHALL NOT RELY SOLELY UPON THE GEOGRAPHICAL REGISTRATION OF AN10 INTERNET PROTOCOL ADDRESS TO DETERMINE A USER 'S LOCATION AND11 SHALL APPLY EXTENSIVE DUE DILIGENCE BASED ON AVAILABLE12 TECHNOLOGY BEFORE CONCLUDING THAT AN INDIVIDUAL IS NOT LOCATED13 IN COLORADO.14 (4) O N AND AFTER JULY 1, 2026, IN SATISFYING THE15 REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION, A COVERED16 PLATFORM SHALL ENSURE THAT EACH REASONABLE AGE VERIFICATION17 MEASURE THAT THE COVERED PLATFORM EMPLOYS FOR THE PURPOSES OF18 THIS ARTICLE 29 INCLUDES A MEANS BY WHICH A POTENTIAL USER OF THE19 COVERED PLATFORM MAY APPEAL A DETERMINATION CONCERNING THE20 POTENTIAL USER'S AGE.21 (5) A COVERED PLATFORM THAT ACQUIRES PERSONAL DATA FOR22 THE PURPOSES OF AGE VERIFICATION PURSUANT TO THIS ARTICLE 29 SHALL23 DESTROY THE PERSONAL DATA AS SOON AS REASONABLY POSSIBLE AFTER24 A POTENTIAL USER'S AGE IS CHECKED FOR AGE VERIFICATION . IN25 ACQUIRING AND RETAINING PERSONAL DATA AS DESCRIBED IN THIS26 SECTION, A COVERED PLATFORM SHALL OTHERWISE COMPLY WITH THE27 SB25-201 -9- REQUIREMENTS OF THE "COLORADO PRIVACY ACT", PART 13 OF ARTICLE1 1 OF THIS TITLE 6.2 (6) N OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE3 CONTRARY, THIS SECTION:4 (a) D OES NOT APPLY TO ANY BONA FIDE NEWS OR PUBLIC INTEREST5 BROADCAST, WEBSITE VIDEO, REPORT, OR EVENT; AND6 (b) S HALL NOT BE CONSTRUED TO AFFECT THE RIGHTS OF ANY7 NEWS-GATHERING ORGANIZATIONS .8 SECTION 3. Act subject to petition - effective date. This act9 takes effect at 12:01 a.m. on the day following the expiration of the10 ninety-day period after final adjournment of the general assembly; except11 that, if a referendum petition is filed pursuant to section 1 (3) of article V12 of the state constitution against this act or an item, section, or part of this13 act within such period, then the act, item, section, or part will not take14 effect unless approved by the people at the general election to be held in15 November 2026 and, in such case, will take effect on the date of the16 official declaration of the vote thereon by the governor.17 SB25-201 -10-