South Dakota Attorney General Marty Jackley testified before a legislative study committee on Wednesday, urging lawmakers to consider an age verification statute for minors accessing harmful Internet content. Jackley emphasized that such a statute should include an enforcement provision against those supplying the content without adequate protections for children, rather than targeting minors themselves. “Legislation should be limited and narrow to protect the well-being of minors and not burden adults in order to withstand Constitutional scrutiny by the courts,” Jackley stated.
During the 2024 Legislative Session, Jackley presented legislation as part of Senate Bill 79, which revised certain definitions to the current child pornography laws. The legislation, which was passed and signed into law, criminalizes the possession, manufacture, and distribution of child pornography generated by AI, including “deepfake” images or videos of a child manipulated into child pornography.
Internet content age verification statute
Jackley noted that attorneys general throughout the nation are supporting federal proposals to protect the public, especially children, from this type of Internet activity. The Legislative Study Committee on Artificial Intelligence and Regulation of Internet Access by Minors, which held its meeting in Pierre, also heard testimony from various experts and stakeholders. Jennifer Gray, a social worker with 30 years of experience in mental health, discussed the positive and negative impacts of Internet use on children, particularly in areas such as empathy and moral compass development.
U.S. Senator Mike Rounds, members of the Board of Regents, and representatives from the National Institutes of Health also provided input to the committee. The study group aims to finalize and review its legislative proposals by October 23, focusing on age verification measures and defining artificial intelligence for future regulations as the technology evolves.
