Technology (Online Safety)

SB 923, the "GRANITE Act," creates a legal cause of action for West Virginia residents and businesses in digital communication, blockchain, and internet services to sue foreign governments or international organizations that enforce censorship laws conflicting with U.S. or West Virginia constitutional protections. It allows lawsuits against foreign entities for imposing penalties (like fines or platform shutdowns) for speech protected under the First Amendment and West Virginia’s Constitution, shifting the burden of proof to the foreign entity to justify such laws. The bill prohibits West Virginia from recognizing or enforcing foreign judgments that compel censorship or criminalize protected U.S. speech, and it establishes civil penalties for violations. This directly affects West Virginia’s digital innovation sector by aiming to shield it from extraterritorial censorship efforts, such as those seen in the UK’s Online Safety Act enforcement against 4chan or Brazil’s court orders against X. The bill is currently in the Senate Judiciary Committee (introduced February 12, 2026).

HB 4843 prohibits businesses in West Virginia from using scanner technology to collect personal details like driver's license numbers, Social Security numbers, or medical history during consumer transactions - except for verifying age. The bill defines "scanner technology" as devices that capture license barcodes/magnetic strips, print age results, store transaction records, and transfer data, banning their use for collecting non-age PII. It directly affects retailers, bars, or any business using such scanners for age verification or data collection. Violations are classified as unfair or deceptive business practices under West Virginia law, creating enforceable penalties. The bill focuses solely on restricting specific scanner technology, not general data privacy rules.

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.