South Dakota Attorney General Marty Jackley told state lawmakers last week (Aug. 14, 2024) that they should considering implementing an Age Verification statute for minors accessing harmful Internet.
Jackley told the Legislative Study Committee on Artificial Intelligence and Regulation of Internet Access by Minors that such protections should include an enforcement provision, not against minors, but against those supplying the content without adequate protections for children. In order to withstand Constitutional scrutiny by the courts, he said legislation should be limited so it not only protects the well-being of minors but also does not burden adults.
Jackley also testified that children must be protected from harm caused by Artificial Intelligence. He said that would include “deepfake” images or videos of an actual child that have been manipulated to make it look like the subject is a child engaged in prohibited sexual acts.
During the 2024 Legislative Session, Jackley presented legislation that revised certain definitions to the current child pornography laws and criminalize the possession, manufacturing or distribution of child pornography to include Artificial Intelligence generated image and videos. The legislation was part of Senate Bill 79 which was passed by the Legislature and signed by the Governor.
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