Technology

HB 4682, the Fourth Amendment Restoration Act, prohibits West Virginia law enforcement officers and local government officials from using specific surveillance and artificial intelligence technologies without a warrant. It bans real-time security monitoring, facial recognition, license plate readers, surveillance drones, and other listed tools for law enforcement purposes unless a court issues a warrant based on probable cause. Violators face felony charges with penalties including up to one year in prison and $10,000 fines per violation. The bill also allows individuals to sue officials who violate these restrictions and requires immediate discontinuation of existing use of banned technologies by all local governments. The law takes effect immediately upon passage.

This bill amends West Virginia law to specifically prohibit transporting telecommunications devices (like cell phones) into correctional facilities, including federal prisons. It increases penalties for delivering such devices to inmates or unauthorizedly bringing them onto facility grounds, with felony charges carrying fines up to $5,000 or up to 10 years in prison, and misdemeanor charges for lesser violations. The law directly affects visitors, family members, staff, or others attempting to bring devices into jails or prisons without authorization. It expands existing restrictions by explicitly naming telecommunications devices and updating their definition within the legal framework.

SB 70 prohibits West Virginia state agencies and their employees or contractors (except law enforcement officers acting in their official capacity) from using or accessing social media platforms, applications, or artificial intelligence tools owned by entities located in "foreign countries of concern" (nations designated by U.S. regulations as adversaries). The bill bans downloading, using, or accessing such foreign-owned software on state-owned or leased internet-capable devices, including social media platforms owned by entities in designated adversary nations. It includes a waiver process allowing the Secretary of State to grant exceptions for specific job duties. The law aims to protect state government systems, citizen data, and access to government services from potential cyberattacks or surveillance by foreign entities.

SB 628 requires commercial websites distributing material harmful to minors (defined as pornographic content appealing to minors' prurient interests and lacking serious value) to verify users are 18+ using age-verification tools. It directly affects websites hosting such content by mandating age checks before access, with violations triggering civil liability for damages and legal fees. The bill excludes liability for internet service providers (e.g., hosting platforms) and focuses on content distributors. This policy change aims to prevent minors from accessing prohibited material online through mandatory age verification.

HB 4854 prohibits the State of West Virginia and any local government from providing financial subsidies to data centers operating within the state. It directly affects data center operators and state/local governments that might have considered offering tax breaks or other financial incentives. The bill's key provision, stated in Section (f), explicitly bans all state or political subdivision subsidies for data centers. This policy change removes the possibility of public funding support for data center development in West Virginia, regardless of the data centers' economic or national security arguments outlined in the bill's findings.