In a groundbreaking move, Tennessee lawmakers have advanced a stringent age verification measure that stands to redefine the battleground over access to adult content on the internet. The legislation, Senate Bill (SB) 1792, under the stewardship of Republican state Sen. Becky Massey, now entrusts the enforcement of age verification protocols to the office of Attorney General Jonathan Skrmetti, pivoting away from its initial assignment to the Department of Homeland Security.

The amendment, which sailed through the Senate Calendar Committee on April 2 and the Senate Finance, Ways, and Means Committee on March 27, carries with it the specter of class C felony charges for owners and operators of websites featuring adult content who fail to verify the age of their users. This pivotal shift in enforcement to the Attorney General’s office is perceived as a strategy to mitigate the financial impact on the state, slimming the bill’s estimated annual financial toll to just shy of $30,000, predominantly due to projected increases in incarceration costs.

Under the amended SB 1792, websites are mandated to retain and anonymize age verification data for a minimum of seven years. However, the exact impact of the legislation remains an enigma, with the fiscal note attached to the bill suggesting that the prevalence of adult content online makes it difficult to forecast the number of felony convictions that might result from its enactment. The note cautiously anticipates a single class C felony conviction annually, underlying an assumption that the majority of affected entities will either cease the publication of such content or adapt to comply with the new legal requirements.

The fiscal ramifications of an earlier iteration of the bill painted a more burdensome picture, with estimations exceeding $4 million in initial outlays for the Tennessee Department of Homeland Security, followed by annual expenses approximating $2 million. The bulk of these costs were earmarked for the establishment and operation of a cyber forensics lab, including staffing and licensing fees.

The pivot to enforce through the Attorney General’s office marks a strategic retreat from these hefty financial commitments, yet amplifies the legal risks for content providers by retaining the possibility of class C felony charges – a notably severe stance compared to similar legislation elsewhere. For instance, Indiana recently retracted a proposal to impose felony charges in its age verification law, opting for less draconian measures.

This development in Tennessee signals a significant escalation in the ongoing legislative efforts across the United States to regulate access to adult content, positioning the state at the vanguard with its unprecedented move to criminalize non-compliance. As the bill edges closer to becoming law, the nation watches closely, with the potential for ripple effects that could extend well beyond Tennessee’s borders, reshaping the digital landscape for adult content across America.