FOR IMMEDIATE RELEASE: Wednesday, Aug. 14, 2024

Contact: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. – South Dakota Attorney General Marty Jackley testified Wednesday that an Age Verification statute for minors accessing harmful Internet content should be considered by the South Dakota Legislature.

Attorney General Jackley told the Legislative Study Committee on Artificial Intelligence and Regulation of Internet Access by Minors that an Age Verification statue would help protect minors from potentially harmful Internet websites. He said how a statute would be drafted and enforced are important questions.

“I am encouraging Legislative support for age verification protections for minors accessing harmful Internet content,” he said. “Such protections should include an enforcement provision, not against minors, but against those supplying the content without adequate protections for children. 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.”

Attorney General Jackley also testified that children must be protected from harm caused by Artificial Intelligence (AI). Attorney General Jackley in the 2024 Legislative Session 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. 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.

The legislation was part of Senate Bill 79 which was passed by the Legislature and signed by the Governor.

“Attorneys General throughout the nation are supporting federal proposals that would protect the public, especially children, from this type of Internet activity,” said Attorney General Jackley.

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