Idaho House Bill 498

• March 2024 – Passed by the Idaho Legislature.
• July 1, 2024 – Effective date.

• Commercial entities operating websites where more than one-third of the content is harmful to minors.
• Third-party age verification providers who support these businesses.
• Interactive computer services that knowingly benefit from or partner with those distributing harmful content.

• News organizations primarily focused on public interest reporting.
• ISPs, search engines, browsers, smart device manufacturers, and cloud services, provided they do not create or host harmful content.

• Implement reasonable age verification methods, such as:
  • A digitized ID.
  • Government-issued ID.
  • Public or private transactional data (e.g., mortgage, education, or employment records).
• Do not retain identifying information after verifying the user's age.
• Restrict access to harmful content unless age is verified.

• Enforce age checks if more than one-third of the website’s content is harmful.
• Ensure age verification happens before access.
• Confirm that identifying data is not stored or reused.

In addition to the responsibilities outlined for businesses and website owners, Idaho HB 498 includes several broader requirements that shape how the law applies and is enforced:

• Clear definition of harmful content: The law uses a three-part legal test based on community standards to define what is considered harmful to minors. This definition sets the threshold for when age verification must be implemented.
• No loopholes through links: Businesses cannot lower their percentage of harmful content by including links to unrelated or neutral third-party websites. The one-third content threshold is based solely on the content published or distributed on the business’s own platform.
• Liability for supporting services: Interactive computer services — including hosting platforms, advertising networks, or other technical providers — may also be held liable if they knowingly benefit from, or are involved in a venture with, websites that distribute harmful content without proper age verification.

These additional requirements support and expand the core responsibilities placed on businesses and website owners, ensuring the law cannot be circumvented through technicalities or partnerships.

• Minors and their parents may:
  • File civil lawsuits up to four years after the violation.
  • Receive at least $10,000 in statutory damages, plus compensatory damages, court costs, and attorney’s fees.
  • Obtain injunctive relief to block future violations.
• No waiver of these rights is allowed; contracts attempting to do so are void.

• Private right of action only – no public enforcement by the state or local agencies.
• Courts may not award attorney’s fees to defendants.
• Class actions are prohibited.
• State courts retain broad personal jurisdiction over defendants.
• The law includes strict limits on government interference and protects against challenges to its enforcement through sovereign immunity provisions.