Technology (Social Media)

HB 5143 prohibits West Virginia higher education institutions (like colleges and universities) from requiring students or employees to share social media login details, change privacy settings, or add staff to their social media contacts. It also bans schools from punishing current students or denying admission/hiring to prospective students for refusing these demands. The law specifically allows schools to view information already publicly available online and does not override federal or state legal requirements. This bill directly affects students and employees of higher education institutions in West Virginia by protecting their private social media content from institutional demands.

HB 4135 amends West Virginia's Sex Offender Registration Act to require registrants (individuals convicted of specified sex offenses) to provide all online identifiers, including social media usernames, email addresses, mobile app accounts, and phone numbers, upon registration. It also mandates that registrants permit police to inspect their mobile devices to verify these identifiers are fully disclosed. The bill directly affects anyone required to register under the Sex Offender Registry Act, adding specific digital footprint requirements beyond existing physical address and vehicle information. These provisions aim to enhance law enforcement's ability to track registrants' online activities by expanding the scope of required digital information.

SB 454, the "Stop Non-Consensual Distribution of Intimate Deep Fake Media Act," makes it illegal to intentionally distribute deep fake media falsely depicting a person engaging in sexual conduct without their consent, specifically when done to harass, coerce, or damage their reputation. The law applies to anyone distributing such content (e.g., through social media or sharing), while excluding constitutionally protected speech like political satire or works with clear disclaimers that the media is manipulated. Violations carry penalties of up to $10,000 fines or five years in prison for repeat offenses, with lesser penalties for other cases, and allow courts to issue restraining orders to stop ongoing distribution. This directly affects individuals whose images are misused without consent and those creating or sharing non-consensual deep fakes.

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 4866 creates the West Virginia Public Participation Protection Act, which establishes a legal process to quickly dismiss lawsuits targeting protected public speech. The bill allows defendants to file a "special motion to dismiss" within 60 days if a lawsuit claims to be based on free speech, petitioning government, association on public issues, digital expression (like social media), consumer reviews, or information gathering for expressive works. If the motion is filed, all court proceedings automatically pause until the court rules, and the plaintiff must prove they have a strong case to win. This applies to all pending and future cases involving public concern issues, but excludes state enforcement actions and pure contract disputes without public interest.