Bills We Tracked in 2018

H.J.R. 185 would create a commission to do a statewide review and assessment of current state laws and rules regarding child protection as it pertains to the use of the Internet and electronic communication devices, child pornography, solicitation for prostitution, human trafficking, and the reproduction and publication of obscene material.

The commission will then recommend improvements for the safety of children who use the Internet and electronic communication devices; and recommend legislation to implement methods to improve the safety of children using the Internet and electronic communication devices.

The commission is to report to legislature at the beginning of the 2019 legislative session.

It also will recommend legislation to implement methods to improve the safety of children using the Internet and electronic communication devices.

The appointees to the commission are mostly to be drawn from health and education backgrounds but there is a slot of a “member with an organization focused on civil liberties, including freedom of speech, appointed by the Speaker of the House of Representatives.” There is also a slot of someone representing ISPs and the phone companies.

An identical resolution was introduced in 2017.

“Political speech” means speech relating to: the state, the government, the body politic, public administration or governmental policy making. It includes speech by the government or candidates for office and any discussion of social issues. It does not include speech concerning the administration or the law relating to civil aspects of government.”

“Religious speech” is defined as a set of unproven answers, truth claims, faith-based assumptions, and naked assertions that attempt to explain the greater questions like how things were created, what humans should or should not be doing, and what happens after death.

“Social media website” means a website or application that enables users to communicate with each other by posting information, comments, messages, or images and: (A) Is open to the public; (B) Has more than 75,000,000 subscribers; and (C) Has not been specifically affiliated with any one religion or political party from its inception.

Algorithm” is defined as a set of instructions designed to perform a specific task. Damages:

The user can seek statutory or actual damages and punitive damages if “aggravating factors” are present. “Aggravating factors” is not defined.

The “social media website” is barred from claiming at trial that the deleted or suppressed speech is “hate speech” as a defense to removing or suppressing “Hate speech” means a phrase concerning content that an individual arbitrarily finds offensive based on his or her personal moral code.

Immunity from liability:

The social media website is immune from liability if it deletes or censors a user’s speech or uses an algorithm to “disfavor” or “censure” to hide the speech if it calls for immediate acts of violence, is “obscene” or “pornographic”.

“Obscene” is defined as, to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest.

“Pornographic” is not defined.

Obscene material is defined by reference to a non-existent section of Arkansas law.

“Revenge porn” is defined as the distribution of any nude image of an identifiable person without the consent of the person depicted. Nudity include buttocks, pubic region or female breast anywhere below the top of the aureola.

A violation is subject to less than one year in prison and a fine of up to $500 for each video or audio depiction or website that was not blocked.

In addition, the distrubutor must also set up a website or call center to recieve reports of overblocking or underblocking of obscene material. If the distirbutor fails to block material reported as obscene within five days. The attorney general can sue for injunctive relief. If the distirbutor fails to unblock non-obscene material within five days, a person may seek judicial relief. The prevailing party in either instance can seek attorney’s fees. No remedy is provided for images incorrectly blocked as revenge porn or facilitating prostitution.

The distributor must also make reasonable and ongoing efforts to ensure that the filtering software is operating correctly. Filters may be deactivated if:

1. The consumer specifically requests in writing that it be deactivated
2. The consumer presents proof of age that he or she is 18 years old or older.
3. The customer acknowledges receiving a written “warning” of the potential danger of deactivating the filter.

4 The consumer pays a $20 tax to the business (which must be remitted to the state).

The bill was amended to more clearly limit it to selling or offering for sale services that attempt to change a person’s sexual orientation.

No business or individual shall manufacture, produce or sell any device that provides internet access unless it contains an active and operating filter that blocks or restricts access to: obscene material, “revenge porn,” “websites known to facilitate prostitution and trafficking in persons for sexual servitude.”

Filters may be deactivated if:

1. The consumer specifically requests in writing that it be deactivated
2. The business verifies in a face to face meeting with the consumer in person or through electronic means that the consumer is 18 years old or older.
3. The customer acknowledges receiving a written “warning” of the potential danger of deactivating the filter.

4 The consumer pays a $20 tax to the business (which must be remitted to the state).

Other requirements in the legislation for covered businesses:

1. Send out regular updates to “ensure the quality and performance of the filter.”
2. Establish a reporting website or call center so consumers can report failuer to block harmful to minors material.
3. Allow consumers to report filtering of non-obscene material.
4. Set up a review process to determine if material that should have been blocked was not or was not blocked that should have been. The business must send out updates to the filtering software to correct any under filtering. It’s not clear that they have to do so if they over filter.

The Attorney General or any distrct attorney can to enforce the provisions of the legislation. A consumer can sue for damages due to a violation of the act..

Websites exempt from filtering: A covered business shall not filter a commercial social networking site if it has a call center or reporting website and is “proactive” in removing obscene material once it has been reported.

“Nude” is defined as “unclothed or in attire, including but not limited to sheer or see-through attire, so as to expose to view any portion of the pubic hair, anus, cleft of the buttocks, genitals or any portion of the female breast below the top of the areola.”

There is an enhanced penalty if the threat is made with the intent to seriously harm the person in the image.

The bill offers no definition of threat so it is unclear what distinguishes a statement that one is going to publish an image and what is a threat. Hawaii has a seperate crime of “violation of privacy” that includes a “revenge pornography” law with an intent element.

Companion to S.B. 2348

03/08/18:

H.B. 2134 was amended to make the act of threatening to disseminate a nude image part of the existing law barring dissemination of nude images without consent with the intent to harm substantially the depicted person with respect to that person’s health, safety, business, calling, career, financial condition, reputation, or personal relationships.

The bill would add to this list “education” and “or as an act of revenge or retribution.”

“Obscene material” is defined that meets the Miller three prong test and faciliates or promotes prostitution, assignation or cyberharassment..

“Cyberharassment is defined as dissemination of a nude of a person with their personally identifying information but without their consent, done with the intent to cause emotional distress and with no legitimate purpose.

Sale of a filter without a filter is a misdemeanor. Sale of a device ot a minor is a felony.

Filters may only be deactivated if:

1. The consumer that it be deactivated
2. The consumer presents identification to verify the consumer is an adult.
3. The consumer acknowledges receiving a written “warning” of the potential danger of deactivating the filter.
4. The consumer pays a $20 tax to the business (which must be remitted to the state).

The manufacturer or seller of the device may choose to charge their own “opt in” fee, but it is not apparent what the consumer is opting in to. . The manufacturer or distributor must also:

1. Make reasonable and ongoing efforts to insure that the filter is working properly, including sending monthly updates to the software.
2. Create a website, call center or other reporting mechanism to allow a person to report over blocking or under blocking. If material is reported as obscene, the seller must determine if the material is obscene. If it is, the seller must send an update to the software to block the content within a reasonable time. If the seller fails to respond to the person who reports the content as obscene, the attorney general or the consumer may bring a civil suit against the seller. They can seek $500 damages for each item that was reported and not subsequently blocked. The prevailing party is entitled to legal fees.

Non-obscene material that is reported to hte seller must be unblocked within a reasonable period of time. If the seller does not unblock it, the person may seek judicial relief for failure to unblock in a timely manner. The court can grant injunctive relief and award the person legal fees.

Hawaiian law defines “pornographic” as obscene using the Miller test. “Obscene” is not defined in the bill and the term is not used in Hawaiian law.

The manufacturer or distributor must also “make reasonable and ongoing efforts” to block access to “revenge pornography,” and websites that facilitate or promote prostitution or human trafficking.

Hawaii has a “revenge porn” law but it does not use that term. There is no definition in the bill for “website that facilitates prostitution” or “website that facilitates human trafficking.”

A violation is deemed an unfair sales practice. Filters may only be deactivated if:

1. The consumer that it be deactivated
2. The consumer presents identification to verify the consumer is an adult.
3. The consumer acknowledges receiving a written “warning” of the potential danger of deactivating the filter.
4. The consumer pays a $20 tax to the business (which must be remitted to the state).

The manufacturer or seller of the device may choose to charge their own “opt in” fee, but it is not apparent what the consumer is opting in to. . The manufacturer or distributor must also –

1. Make reasonable and ongoing efforts to insure that the filter is working properly. This includes distributing monthly updates to the software.
2. Create a website, call center or other reporting mechanism to allow a person to report over blocking or under blocking. Non-obscene material must be unblocked within five business days. A consumer may seek judicial relief for failure to unblock in a timely manner. The bill does not provide for damages or fees.

If material that should be blocked is reported to call center or website, it must be blocked within five business days. The attorney general or the consumer may sue the manufacturer or seller if they fail to respond to a report of material that should have been blocked but was not. They can seek $500 damages for each item that was reported and not subsequently blocked. The prevailing party is entitled to legal fees.

There is no requirement that the material be proven to be obscene, obscene for minors or otherwise required to be blocked.

“Full or partial nudity” is defined as “any part of the human genitals or pubic area or buttocks, or any part of the nipple of the breast of a female, with less than fully opaque covering.”

There is an exception for disclosures in the public interest, but the list of such disclosures refers to reporting a crime, normal police work and medical treatment.

Anyone who commits the crime would be required to register as a sex offender if the fact finder determines, beyond a reasonable doubt, that the violation was sexually motivated.

“Full or partial nudity” is defined as “any part of the human genitals or pubic area or buttocks, or any part of the nipple of the breast of a female, with less than fully opaque covering.”

There is an exception for disclosures in the public interest, but the list of such disclosures refers to reporting a crime, normal police work and medical treatment.

Anyone who commits the crime would be required to register as a sex offender if the fact finder determines, beyond a reasonable doubt, that the violation was sexually motivated.

“Revenge porn” is defined as dissemination of any nude image without the consent of the person in the image. Nudity is defined as less than completely and opaquely covered pubic region, buttock or female breast.

The filtering software can only be deactivated by an adult who goes through a four step process: a. The adult makes a written request; b. Presents identification proving he or she is 18 or older; c. The manufacturer or distributor provides a written warning of the potential dangers of deactivating the filtering software that the consumer must acknowledge receiving; and d. Pays a $20 “access” fee.

It is an aggravated misdemeanor if the device does not come with filtering software activated on the phone or the manufacturer or distributor deactivates the software in any manner other than the deactivation process. Any violation is also subject to a civil suit by the consumer and the attorney general may seek injunctive relief.

The manufacturer or distributor must make reasonable and ongoing efforts to filter is working properly. This includes distributing monthly updates to the software.

The manufacturer or distributor must also create a website, call center or other reporting mechanism to allow a person to report over blocking or under blocking. All such reports must be investigated within 30 days. The reporting party or attorney general can sue for damages of up to $500 for each image, video or audio depiction or website plus legal fees and costs.

There is an exception for a publication in the public interest including but not limited to reporting a crime.

The distributor must also 1. Make reasonable and ongoing efforts to ensure that the filtering software is working properly; and, 2. Establish a reporting mechanism to allow blocking of non-obscene material or failure to block obscene material. There is no provision for reporting errors in blocking or unblocking other material that must be rendered inaccessible.

“Revenge pornography” is defined as the publication of an image of an identifiable person who is “nude” without consent and with a reasonable expectation that the image would remain private. “Nude” is defined as nude or transparently clothed pubic region, buttocks or any part of the female nipple.

“Hub that facilitates prostitution” and “site that facilitates human trafficking” are not defined.

The distributor must also make reasonable and ongoing efforts to insure that the filter is working properly, and establish a call center or website to allow reporting blocking of non-obscene material or the failure to block obscene material. There is no provision for reporting over blocking of nude images published without consent.

A violation is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Filters may only be deactivated if:

1. The purchaser specifically requests that they be deactivated.
2. Presents identification that proves the person is 18 years old or older.
3. Acknowledges receiving a written “warning” that deactivating the filter will allow access to obscene material.
4. Pays a $20 tax to be remitted to the state. The distributor may charge an additional fee.

Non-obscene material must be unblocked within five business days after it is reported to a call center or reporting website. A consumer may seek judicial relief for failure to unblock.

If the distributor fails to block obscene material or a prohibited website within five days of it being reported to a call center or reporting website, the attorney general or any person may file a civil suit against the distributor. They can seek damages of up to $500 for each example of material or any website that is accessible. The prevailing party is entitled to legal fees.

“Criminal record” is defined as descriptions or notations of an arrest, criminal charges, the disposition of those criminal charges; photos or video of the person taken pursuant to an arrest or other involvement in the criminal justice system; and personal identifying information, including a person’s name and address. The bill deems anyone who publishes such information in any forum “for the purposes of commerce” to be subject to this law.

There is no exception for newsworthy images or images captured in public or in a commercial setting.

Filters may only be deactivated by the manufacturer, distributor or seller if: 1. the consumer requests in writing that it be deactivated; 2. the seller verifies that the owner is an adult; 3. the customer receives and acknowledges in writing a document describing the danger of deactivating the filter; and, 4. the consumer pays a $20 deactivation tax.

Manufacturers, distributors and sellers of devices must make reasonable and ongoing efforts to update the software and make sure it continues to function effectively.

Sale of a device without active blocking software is a deceptive trade practice and allows the attorney general to seek injunctive relief and monetary damages.

“Obscene content” is defined as “including but not limited” to obscene material, revenge porn and websites that facilitate prostitution. The ISP may deactivate the filters if:

1. The consumer requestions that they be deactivated
2. The consumer provides a sworn affidavit attesting that the owner is an adult.
3. The consumer receives a signed written warning that he or she has been notified of the dangers of deactivating the filter.
4. Pays a $20 tax.

The manufacturer or distributor must also:

1. Make reasonable and ongoing efforts to insure that the filter is working properly. This includes distributing monthly updates to the software.
2. Create a website, call center or other reporting mechanism to allow a person to report over blocking or under blocking and put a system in place to evaluate reports of over blocking.

Any violation of this act shall be an unconscionable act or practice under the Kansas Consumer Protection act. The bill provides no cause of action or remedy for over blocking or under blocking.

“Obscene” material is defined as obscene material, revenge pornography and any website that is known to facilitate the sale of sex or human trafficking. “Revenge porn” is defined by reference to the existing law. It includes a malicious intent element.

A violation is a class A non-person misdemeanor. It is also a violation of Kansas’ consumer protection act subject to all remedies in that act. The attorney general or any district attorney can seek injunctive relief for failure to block such content.

The filtering software can only be deactivated by an adult who goes through a four step process: a. The adult makes a request; b. Presents identification proving he or she is 18 or older; c. The person acknowledges receiving a written warning of the “potential danger” of deactivating the filtering software; and d. Pays a $20 tax. The manufacturer, distributor or seller may charge an additional fee.

The manufacturer or distributor must make reasonable and ongoing efforts to ensure that filter is blocking obscene material. This includes distributing monthly updates to the software.

The manufacturer or distributor must also create a website, call center or other reporting mechanism to allow a person to report over blocking or under blocking. It must have procedures in place to evaluate reports of over-blocking. Once reported, content that is not obscene must be unblocked within five days. If the content is not unblocked, any person may seek judicial relief. The prevailing party is entitled to legal fees and costs.

The legislation offers no remedies for not blocking material reported as obscene.

The publisher must create a system so the subject of the “criminal record history” can report it being inaccurate, out of date information or barred from publication. Once a report is made, the publisher must investigate and if the report is true, must remove the information or correct it, whichever is appropriate.

If the publisher communicates inaccurate or incomplete or a juvenile information after it having been reported, he or she can be liable for up to $500 a day in damages and legal fees. A court can also grant injunctive relief.

“Complete” is defined as the information reflecting the notations of arrest and the filing and disposition of criminal charges, as applicable.

“Accurate” is defined as the information reflecting the most recent information received by the entity from a law enforcement agency or criminal justice agency, including the Department of Public Safety and Corrections, or any other governmental agency or entity within sixty days preceding the date of publication.

“Criminal record history” is defined as information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, bills of information, or any formal criminal charges, and any disposition arising therefrom, including sentencing, correctional supervision, and release.

There is an exception for any publication of general circulation or an website related to such a publication that contains news or other information, including a magazine, periodical newsletter, newspaper, pamphlet, report or an FCC licensed radio or television station.

05/08/18:

The bill was amended so that it only applies to publishers who charge a fee to remove the criminal record history.

The publisher must create a system so the subject of the “criminal record history” can report it being inaccurate, out of date information or barred from publication. Once a report is made, the publisher must investigate and if the report is true, must remove the information or correct it, whichever is appropriate.

If the publisher communicates inaccurate or incomplete or a juvenile information after it having been reported, he or she can be liable for up to $500 a day in damages and legal fees. A court can also grant injunctive relief.

“Complete” is defined as the information reflecting the notations of arrest and the filing and disposition of criminal charges, as applicable.

“Accurate” is defined as the information reflecting the most recent information received by the entity from a law enforcement agency or criminal justice agency, including the Department of Public Safety and Corrections, or any other governmental agency or entity within sixty days preceding the date of publication.

“Criminal record history” is defined as information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, bills of information, or any formal criminal charges, and any disposition arising therefrom, including sentencing, correctional supervision, and release.

There is an exception for any publication of general circulation or an website related to such a publication that contains news or other information, including a magazine, periodical newsletter, newspaper, pamphlet, report or an FCC licensed radio or television station.

There’s an exception for disclosure for “any bona fide and lawful public purpose.”

A violation is subject to imprisonment in the house of correction for not more than 2 1/2 years or in the state prison for not more than 5 years or by a fine of not more than $10,000, or by both such fine and imprisonment.

There is an exception for any image constitutes a matter of public concern.

There is a second exception for images are (i) voluntary and (ii) in a public or commercial setting or a place where a person does not have a reasonable expectation of privacy.

A violation is subject to up to five years in prison, a $10,000 fine, or both.

Filters may only be deactivated if:

1. The consumer requests that they be deactivated
2. The consumer provides a sworn affidavit attesting that the owner is an adult.
3. The consumer receives a signed written warning that he or she has been notified of the dangers of deactivating the filter.

The manufacturer or distributor must also:

1. Make reasonable and ongoing efforts to insure that the filter is working properly. This includes distributing monthly updates to the software.
2. Create a website, call center or other reporting mechanism to allow a person to report over blocking or under blocking.

Non-obscene material must be unblocked within five business days. A consumer may seek judicial relief for failure to unblock in a timely manner. The bill does not provide for damages or fees.

If material that should be blocked is reported to call center or website, it must be blocked within five business days. The attorney general or the consumer may sue the manufacturer or seller if they fail to respond to a report of material that should have been blocked but was not. They can seek $500 damages for each item that was reported and not subsequently blocked. The prevailing party is entitled to legal fees. There is no requirement that the material be proven to be obscene required to be blocked only that it was reported as obscene.

The attorney general can seek injunctive relief for a violation of any part of this bill.

There is no exception for images on matters of public interest or that are newsworthy. The bill would also expand the definition of sexual activity covered by the law.

None of these terms are defined.

The filtering software may only be deactivated if the consumer: 1.requests in writing that the capability be disabled; 2. presents identification to verify that the consumer is 18 years of age or older; 3. acknowledges receiving a written warning regarding the potential danger of deactivating the digital blocking capability; and, 4. pays a $20 tax. The business can charge an additional “opt in fee,” but it is uncelar what is being opted into.

A violation of the section is subject to civil penalty for a first offense, $2,000 for a second offense and $50,000 for each subsequent offense. .

The manufacturer or distributor must set up a call center or website to allow reporting of filtering of non-obscene material or failing to filter obscene material. If the filtering software blocks material that is not obscene and this is reported, the material must be unblocked within five business days. If not, a consumer may seek judicial relief to unblock filtered content. There is no list of remedies available if the consumer wins in court.

If the person who manufacturers or distributes the device is unresponsive to a report of obscene material that has not been blocked, the attorney general or the reporting party may file a civil suit for damages of up to $500 for each piece of content that was reported but not subsequently blocked. The prevailing party may seek attorneys’ fees.

There is no remedy for under or over blocking of “revenge porn,” “prostitution hubs” or sites that “facilitate human trafficking.”

“Intimate parts” are defined as the “fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, or anus, or if the person is female, a partially or fully exposed nipple, including exposure through transparent clothing.”

Sexual activity includes touching or fondling by the person in the image or another either directly or through clothing, of the sex organs, anus, or breast of the victim or another person for the purpose of sexual gratification or arousal; Bondage, fetter, sadism, or masochism; or sadomasochism abuse in any sexual context.

There is an exception if the dissemination of the image serves a public purpose. Representative Neely introduced H.B. 706, an identical version of this bill, in 2017

“Revenge porn” is defined as dissemination of any nude image of an identifiable person without the consent of that person. Nudity is defined as less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, whether covered or uncovered.

A violation is a misdemeanor subject to up to one year in prison, a fine of up to $500 or both for each item that is not filtered. The attorney general or any district attorney can seek injunctive relief for failure to block such content.

The filtering software can only be deactivated by an adult who goes through a four step process: a. The adult makes a written request; b. Presents identification proving he or she is 18 or older; c. The manufacturer or distributor provides a written warning of the potential dangers of deactivating the filtering software that the consumer must acknowledge receiving; and d. Pays a $20 tax. The manufacturer, distributor or seller may charge an additional fee.

The manufacturer or distributor must make reasonable and ongoing efforts to filter is working properly. This includes distributing monthly updates to the software.

The manufacturer or distributor must also create a website, call center or other reporting mechanism to allow a person to report over blocking or under blocking. Once reported, content that is obscene must be blocked within five days and content that is not obscene must be unblocked within five days. If the manufacturer or distributor fails to act, any person may bring a civil suit to unblock non-obscene content. Any person or the attorney general may bring a civil suit to block unblocked content. In either case, the prevailing party is entitled to attorneys’ fees.

None of these terms are defined.

The filtering software may only be deactivated if the consumer: 1.requests in writing that the capability be disabled; 2. presents identification to verify that the consumer is 18 years of age or older; 3. acknowledges receiving a written warning regarding the potential danger of deactivating the digital blocking capability; and, 4. pays a $20 tax. Alternatively, a business can pay a $20 tax (“opt out fee”) per device.

A violation of the section is subject to civil penalty for a first offense, $2,000 for a second offense and $50,000 for each subsequent offense. .

If the filtering software blocks material that is not obscene and this is reported to a call center or reporting website, the material must be unblocked within five business days. Also, a consumer may seek judicial relief to unblock filtered content. As written, the failure to unblock is not a condition that must be met to go to court. Also, there is no list of remedies available if the plaintiff wins in court.

If the person who manufacturers or distributes the device is unresponsive to a report of obscene material that has not been blocked, the attorney general or the reporting party may file a civil suit for damages of up to $500 for each piece of content that was reported but not subsequently blocked. The prevailing party may seek attorneys’ fees also.

There is no remedy for under or over blocking of “revenge porn,” “prostitution hubs” or sites that “facilitate human trafficking.”

The bill does not require a person who manufacturers or distributes a device to set up a call center or reporting website to accept claims of overblocking or under blocking.

“Effective consent” is not defined.

The law grants jurisdiction over anyone who publishes an image that can be access in Mississippi. There is no exception for newsworthy images or images that touch on a matter of public concern. A violation is subject to up to one year in jail, a fine up to $4,000 or both.

The bill also creates a civil cause of action.

The operator shall provide clear instructions how to do so. If the operator requires the registered user to request removal, shall complete or comply with such request within 24 hours.

Failure to do so will be considered an deceptive trade practice.

New Jersey’s harmful to minors law is unconstitutional.

An unlawful practice is punishable by a fine of up to $10,000 for a first offense and $20,000 for any subsequent offense. Additionally, a violation can result in cease and desist orders issued by the Attorney General, punitive damages, and treble damages and costs to the injured.

Other obligations: A person who manufactures, sells, offers for sale, leases, or distributes a product that makes content accessible on the Internet shall:

1. make reasonable and ongoing efforts to ensure that the digital content blocking capability functions properly;
2. establish a reporting mechanism, such as a website or call center, to allow a consumer to report unblocked obscene material or report blocked material that is not obscene;
3. render that “revenge pornography” and sites that “facilitate prostitution” and “ sex trafficking” are inaccessible on the product. “Revenge pornography” is not defined and New Jersey does not have a “revenge pornography” law.

Deactivation of filters: Any digital blocking capability may be deactivated after a consumer:

1. requests in writing that the capability be disabled;
2. presents identification to verify that the consumer is 18 years of age or older;
3. acknowledges receiving a written warning regarding the potential danger of deactivating the digital blocking capability; and
4. pays a one-time $20 digital access fee. Alternatively, a business can pay a $20 “opt-out” fee for each device.

The bill requires that a reporting call center be set up for reporting material that should be blocked but was not, and material that was blocked but should not have been. The attorney general or the consumer may bring a civil suit if any complaint about underblocking does not receive a response. Material that is blocked but should not have been must be unblocked within five days. A consumer may seek judicial relief if it is not.

Failing to act on complaints is also subject to civil suit. The bill is identical to S.B. 540.

A.B. 4359 does have a public interest exception, but the existing law does not.

New Jersey’s harmful to minors law is unconstitutional.

An unlawful practice is punishable by a fine of up to $10,000 for a first offense and $20,000 for any subsequent offense. Additionally, a violation can result in cease and desist orders issued by the Attorney General, punitive damages, and treble damages and costs to the injured.

Other obligations: A person who manufactures, sells, offers for sale, leases, or distributes a product that makes content accessible on the Internet shall:

1. make reasonable and ongoing efforts to ensure that the digital content blocking capability functions properly;
2. establish a reporting mechanism, such as a website or call center, to allow a consumer to report unblocked obscene material or report blocked material that is not obscene;
3. render that “revenge pornography” and sites that “facilitate prostitution” and “ sex trafficking” are inaccessible on the product. “Revenge pornography” is not defined and New Jersey does not have a “revenge pornography” law.

Deactivation of filters: Any digital blocking capability may be deactivated after a consumer:

1. requests in writing that the capability be disabled;
2. presents identification to verify that the consumer is 18 years of age or older;
3. acknowledges receiving a written warning regarding the potential danger of deactivating the digital blocking capability; and
4. pays a one-time $20 digital access fee. Alternatively, a business can pay a $20 “opt-out” fee for each device.

The bill requires that a reporting call center be set up for reporting material that should be blocked but was not, and material that was blocked but should not have been. The attorney general or the consumer may bring a civil suit if any complaint about underblocking does not receive a response. Material that is blocked but should not have been must be unblocked within five days. A consumer may seek judicial relief if it is not.

Failing to act on complaints is also subject to civil suit. The bill is identical to A.B. 878.

A person who violates this section is liable to the social networking website operator in a civil action for damages of $1,000, plus attorney’s fees, for each violation.

A person who violates this section is also liable to the recipient of the communication in a civil action for damages in the amount of $5,000, plus attorney’s fees, or actual damages, whichever is greater.

Actual damages shall consist of compensatory and punitive damages plus reasonable attorney’s fees. Compensatory damages may include, but are not limited to, damages for pain and suffering, medical expenses, emotional trauma, diminished childhood, diminished enjoyment of life, costs of counseling, and lost wages.

S.B. 2917 has a public interest exception, but the existing law does not.

“Intimate parts” is defined as “sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person.”

There is no element of the legislation to limit it to images captured when the person has an expectation of privacy, to distribution with an intent to harm or the requirement that harm occurs. There is no exception to the crime for images that are matters of public interest/public concern or images captured in public or commercial settings.

A violation is subject to a fine of up to $30,000.

Presently, the New Jersey law is ambiguous but appears to be limited to such images if they were captured without consent.

“revenge porn” is defined as publication of any nude image published if the image contains or conveys the personally identifying information without the consent of the person in the image (the bill is written so that consent goes to the identifying information). Nudity is defined as less than completely and opaquely covered pubic region, buttock or female breast below the top of the nipple or male genitals in a discernably turgid state whether covered or not.

Any person who violates the law is subject to up to one year in prison or fine of up to $500. The attorney general or a district attorney may seek injunctive relief against a manufacturer or distributor of a device that allows access to content that must be blocked under the bill.

The filtering software can only be deactivated by an adult who goes through a four step process: a. The adult makes a written request; b. Presents identification proving he or she is 18 or older; c. Acknowledges receiving a written warning of the potential dangers of deactivating the filtering software; and d. Pays a $20 “access” fee.

The manufacturer or distributor must make reasonable and ongoing efforts to filter is working properly.

The manufacturer or distributor must also create a website, call center or other reporting mechanism to allow a person to report material or websites that should be blocked but is not blocked. If the content is still unblocked after five days, the reporting party or attorney general can sue for damages of up to

$500 for each image, video or audio depiction or website. The prevailing party is entitled to legal fees.

A person may also report non-obscene material that is blocked but should not be. If the content is not unblocked after five days, the reporting party may seek judicial relief to unblock the content. The prevailing party in any litigation is entitled to legal fees.

A person who consents to a picture being taken or possessed in a “private” or “confidential” relationship retains a reasonable expectation of privacy beyond the end of that relationship.

The person in the image does not have to be identifiable.

“Disclosure” is defined as any dissemination of the image. It does not exclude republishing of the image. “Intimate parts” are defined as naked genitals, pubic area, buttocks or the nipple of an adult female.

The law would not apply to images of voluntary exposure in public or commercial settings. There is no exception for newsworthy, historic or artistic images.

This bill is identical to A.B. 571, which was sponsored by Assemblyman Braunstein last year and A.B. 8214, which was sponsored by Assemblyman Braunstein the year before.

Such a rating may contain, but shall not be limited to, depictions descriptive of, advocating, or glamorizing commission of violent crime, suicide, sodomy, rape, incest, bestiality, sadomasochism, any sexual activity in a violent context or encouraging murder, violent racism, religious violence, morbid violence or illegal use of drugs or alcohol.

Retailers must display such video games in an adults only section of the retail location.

“Rating” is defined as “the standardized designation commonly used to inform parents about video games regarding listening and viewing by their children.”

The bill is the same as AB 3766, which died last year.

“Inaccurate, irrelevant, inadequate, or excessive” is defined as content, which after a “significant” lapse in time from its original publication is no longer “material to current public debate or disclosure,” especially when weighed against the financial, reputational or other harm causes the requesting individual.

There is an exception for information about legal matters relating to violence or is of significant current public interest if the requestor’s role in the matter is significant.

Information must be removed within 30 days of request by the individual. Failure to do so is subject to a action for monetary damages for each violation or statutory damages of $250, whichever is greater plus attorney’s fees.

The bill also extends the statute of limitations for libel by making the tolling date the removal of information per request rather than first publication.

Website operators must also allow minors to remove or hide content they have posted on the site with certain exceptions. The bill follows the California law.

The products that may not be marketed to minors are:

1. Alcoholic beverages;
2. Machine gun, silencer, switchblade, gravity knife, “pilum ballistic knife.” automatic knife, rifle, shotgun, cane sword, antique firearm, “chuka stick,” electronic dart gun, kung fu stars, stun gun, armor piercing ammo, disguised gun or large capacity magazine
3. any ammo;
4. Aerosol container or paint;
5. tobacco product;
6. drug or controlled substance;
7. Air gun or string gun;
8. Billyclub, blackjack, bludgeon, plastic knuckles, metal knuckles, sand bag, sand club, wrist brace slingshot or slugshot, “shuriken dagger,” dangerous knife, dirk, razor, stiletto or other dangerous or deadly instrument;
9. Fireworks;
10. Tanning service in an ultraviolet radiation device;
11. Dietary Supplement
12. Ticket or share in a lottery game or pari-mutual wager;
13. Tattoo, body piercing or tongue splitting device;
14. Drug-related paraphenalia;
15. Material harmful to minors.

“Likeness” is defined as an image, digital replica (whether animated or static), photograph, painting, sketching, model, diagram or other recognizable representation of an individual’s face or body and includes a “characteristic.”

“Characteristic is defined as a distinctive appearance, gesture or mannerism recognized as an identifying attribute of an individual. “Name” is defined as an actual or assumed name or a nickname.

The bill includes a broad exemption for non-commercial uses based on the exemption language in California’s post-mortem right of publicity law.

There is an exemption for: “News, public affairs or sports broadcasts, including the promotion or advertising of them, an account of public interest or a political campaign; in a play, book, magazine, newspaper, musical composition, visual work of art, audiovisual work, radio or television program if it is fictional or nonfictional entertainment, or a dramatic, literary or musical work; a work of political, public interest or newsworthy value including a comment, criticism, parody, satire, or a transformative creation of a work of authorship; or an advertisement or commercial announcement for any of the works described in” the exemption.

08/09/17:

The bill was subsequently amended to exclude from the exemption for non-commercial works any work “that includes a commercial use and replicates the professional performance or activities rendered by an individual if the replication is inextricably intertwined with the right of publicity of the individual.”

The bill would also create a statutory cause of action for false light and publication of private facts. Presently, New York does not have a statutory or common law tort for either.

The manufacturer must also 1. make a reasonable and ongoing efforts to ensure it works properly. 2. also establish a reporting mechanism for owners of devices to report issues with the filtering software. 3. unblock content that was incorrectly blocked within five days after being informed by a consumer.

Filtering software may be deactivated upon written request by the consumer, if he or she provides verification of being an adult, receives a warning of the dangers of access the internet without a warning and pays a $20 tax.

If a consumer requests a manufacturer unblock filtered content but it remains blocked, the consumer may seek judicial relief.

If a consumer reports content that should be blocked by the manufacturer does not block it, the consumer or attorney general may sue for damages of up to $500 for each item of content that was reported but was not subsequently blocked. The prevailing party may also recover attorneys’ fees. The legislation does not require the consumer or attorney general to prove in court that the material should have been blocked.

“Intimate parts” is not defined. “Harm” is also not defined.

A.B. 11188 makes it a crime to intentionally disseminate an image of an identifiable person who is nude or engaging in sexual activity without consent and with the intent to cause to the “material harm to the emotional, financial or physical welfare of the person depicted in the image if the person had a reasonable expectation of privacy in the creation of the image and the actor “knew or reasonably should have known” that the depicted person intended the image to remain private indefinitely.

There is an exception for dissemination of images for a “legitimate public purpose.” A violation is a class A misdemeanor.

“Other intimate parts” is not defined but under normal rules of interpretation, it must mean something other than the sexual parts of a minor, so the bill would go beyond what is considered illegal as child pornography.

A person who consents to a picture being taken or possessed in a “private” or “confidential” relationship retains a reasonable expectation of privacy beyond the end of that relationship.

The person in the image does not have to be identifiable.

“Disclosure” is defined as any dissemination of the image. It does not exclude republishing of the image. “Intimate parts” are defined as naked genitals, pubic area, buttocks or the nipple of an adult female.

The law would not apply to images of voluntary exposure in public or commercial settings. There is no exception for newsworthy, historic or artistic images.

The legislation also allows for a cause of action against the publisher of such an image. There is an affirmative defense to the cause of action if the image is a matter of public concern.

The cause of action allows the plaintiff to recover actual damages, including pain and suffering, punitive damages and legal fees. The bill is a companion to A.B. 1641.

“Inaccurate, irrelevant, inadequate, or excessive” is defined as content, which after a “significant” lapse in time from its original publication is no longer “material to current public debate or disclosure,” especially when weighed against the financial, reputational or other harm causes the requesting individual.

There is an exception for information about legal matters relating to violence or is of significant current public interest if the requestor’s role in the matter is significant.

Information must be removed within 30 days of request by the individual. Failure to do so is subject to a action for monetary damages for each violation or statutory damages of $250, whichever is greater plus attorney’s fees.

The bill also extends the statute of limitations for libel by making the tolling date the removal of information per request rather than first publication.

The present law limits the right to a person’s name, portrait, picture or voice.

08/09/17:

The law was subsequently amended to be identical to A.B. 8155 as amended.

“Intimate parts” is not defined. “Harm” is also not defined.

S.B. 9019 makes it a crime to intentionally disseminate an image of an identifiable person who is nude or engaging in sexual activity without consent and with the intent to cause to the “material harm to the emotional, financial or physical welfare of the person depicted in the image if the person had a reasonable expectation of privacy in the creation of the image and the actor “knew or reasonably should have known” that the depicted person intended the image to remain private indefinitely.

There is an exception for dissemination of images for a “legitimate public purpose.” A violation is a class A misdemeanor.

“Nude” is defined as human male or female genitals, pubic area, or buttocks with less than a full, opaque covering, or of a female breast with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.

There is an exception it the image is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.

There is a second exception for images taken in public under circumstances that the person in the image does not have a reasonable expectation of privacy.

There is an exception for images created when the person in the image is voluntarily naked in a place he or she does not have a reasonable expectation of privacy.

There is also an exception if the image is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.

The business or individual must also:

1. Make reasonable and ongoing efforts to ensure that the blocking software works properly; including setting up a call center or website to report blocking non-obscene material and failing to block obscene material.
2. Block “private sexual images published without consent of all parties.” These images are not illegal Oklahoma law and are protected by the First Amendment.
3. Block access to prostitution and human trafficking websites, but neither term is defined.

A business or individual that manufactures, distributes or sells a product without the digital content blocking capability or sells the product to a minor without activated filters is subject to up to one year imprisonment in county jail, a fine of not less than $1,000, or both.

Deactivation of filters: Any digital blocking capability may be deactivated after a consumer:

1. requests in writing that the capability be disabled;
2. presents identification to verify that the consumer is 18 years of age or older;
3. acknowledges receiving a written warning regarding the potential danger of deactivating the digital blocking capability; and
4. pays a one-time $20 digital access fee to the seller.

The blocking software shall not filter a commercial social networking site if it has a call center or reporting website and is “proactive” in removing obscene material once it has been reported.

There is a second crime that bars a “third-party recipient” from distributing such an image if the person has actual knowledge of the image violating the previous elements. There is an exception to the legislation for the dissemination of such an image if it “serves a lawful purpose” or the image “constitutes a matter of public concern.”

A violation is subject to up to one year in prison.

The terms “revenge porn,” “hub that facilitates prostitution” and “site that facilitates human trafficking” are not defined A violation is deemed an unfair sales practice.

Filters may only be deactivated if:

1. The consumer specifically requests in writing that it be deactivated
2. The business verifies in a face to face meeting with the consumer in person or through electronic means that the consumer is 18 years old or older.
3. The customer acknowledges receiving a written “warning” of the potential danger of deactivating the filter.
4. The consumer pays a $20 tax to the business (which must be remitted to the state).

The manufacturer or seller of the device can choose to pay the fee for their entire inventory.

The manufacturer or distributor must make reasonable and ongoing efforts to insure that the filter is working properly. This includes distributing monthly updates to the software.

The manufacturer or distributor must also create a website, call center or other reporting mechanism to allow a person to report over blocking or under blocking. Non-obscene material must be unblocked within five business days. A consumer may seek judicial relief for failure to timely unblock

The attorney general or the consumer may sue the manufacturer or seller if they fail to respond to a report of material that should have been blocked but was not. They can seek $500 damages for each item that was reported and not subsequently blocked. The prevailing party is entitled to legal fees. There is no requirement that the material be proven to be obscene, obscene for minors or otherwise required to be blocked.

“Patently offensive” is defined by reference to existing law as “so offensive on its face as to affront current standards of decency.”

The bill also requires anyone manufacturing, selling, offering for sale or otherwise distributing any device that makes content accessible on the internet to block access to “revenge pornography” and any “hub that facilitates prostitution” and render websites that are “known to facilitate human trafficking” inaccessible. None of these terms are defined in the bill or by reference.

The manufacturer or seller of devices must also make reasonable and ongoing efforts to ensure that the filter is working properly. They must create a website, call center or other reporting mechanism to allow a consumer to report sexual content or patently offensive material that was not blocked or report blocking of material that is not sexual content or “potentially” offensive. (It seems that “potentially” was used in place of “patently”). The manufacturer and sellers must do this even though the ISP is required to provide the filtering software for this content. There is no mechanism for reporting over blocking of any other content that must be filtered.

Once a report is made, the distributor has five days to assess the content and unblock material that is sexual content or patently offensive. If the business does not unblock this content, a consumer may seek judicial relief. However the legislation does not provide damages or legal fees if the consumer is successful. If the business is “unresponsive” to a request to block sexual content or patently offensive material, the attorney general or a consumer may bring a civil suit to block unblocked content. The attorney general or the person may seek damages of $500 for each item of content. There is no time limit for a review by company for reports of sexual content or patently offensive material that was not blocked.

Finally, the filtering software may be deactivated if the consumer requests in writing that it be disabled, presents proof that he or she is an adult, acknowledges receiving a written warning of the dangers of accessing the internet without filters and pays a $20 tax plus any additional charges imposed by the distributor.

The “digital blocking capability” must also make “inaccessible” child pornography (not defined), revenge pornography (SC doesn’t have an RP law), hubs that facilitate prostitution (undefined) and websites that facilitate trafficking in persons (defined by reference to a separate statute).

The “digital blocking capability” can only be deactivated by an adult who goes through a four step process:

1. The adult makes a written request.
2. Presents identification proving he or she is 18 or older.
3. Acknowledges receiving a written warning of the potential dangers of deactivating the “digital blocking capability.”
4. Pays a $20 “access” fee.

The business must set up a website or call center to allow reporting of unblocked obscene material or blocked material that is not obscene.

Any reports of over blocking or under blocking must be reviewed within five days

1. A consumer may “seek judicial relief” to unblock content that they think is not obscene
2. The consumer or the Attorney General can sue for failing to respond in a timely fashion about a complaint that material was not blocked that they think is obscene.

The bill makes it illegal to manufacture, distribute, or sell a product that makes content accessible on the Internet without the “digital content blocking capability,” selling the product to a minor without activated filters, or providing the means to disable the “digital content blocking capability”.

Any business that violates the section will be deemed to have violated three laws separate laws

1. SECTION 16-15-250: Bars the anonymous communication to another person without their consent of “obscene, profane, indecent vulgar, suggestive, or immoral message.” This is a misdemeanor subject to three years in prison.
2. SECTION 16-15-345. Disseminating obscene material to person under age eighteen. This is a felony subject to up to 10 years in prison.
3. SECTION 16-15-385. Disseminating harmful material to minors and exhibiting harmful performance to minor. This is also a felony subject to up to 10 years in prison.The Attorney General may seek injunctive relief against any business that “violates the provisions of this article.”

“Malicious” is defined as action taken with actual malice aforethought.

Social Media” is defined as “a category of Internet sites based on user participation and user-generated content centered on user interaction.”

“Malicious” is defined as action taken with actual malice aforethought.

Social Media” is defined as “a category of Internet sites based on user participation and user-generated content centered on user interaction.” A violation is subject to up to one year in prison, a fine of $1,000, or both.

If the original charge against the person requesting removal is discharged or dismissed as a result of the person pleading to a lesser offense, the publisher shall change the published information to reflect the lesser offense instead of the original charge, but is not required to remove the arrest or booking information.

Failure to do so is subject to a civil cause of action.

1. the person disseminating the image knows or should know he is not “licensed or privileged” to do so; and
2. depicted person suffers emotional distress or embarrassment.

Sexually explicit nudity is defined as “uncovered, or less than opaquely covered human genitals, pubic area, or buttocks, or the nipple or any portion of the areola of the human female breast; or covered human male genitals in a discernibly turgid state.”

“Licensed or privileged” is not defined.

The crime is punishable by up to one year in prison or a fine of up to $1,000.

1. the person disseminating the image knows or should know he is not “licensed or privileged” to do so; and
2. depicted person suffers emotional distress or embarrassment.

Sexually explicit nudity is defined as “uncovered, or less than opaquely covered human genitals, pubic area, or buttocks, or the nipple or any portion of the areola of the human female breast; or covered human male genitals in a discernibly turgid state.”

“Licensed or privileged” is not defined.

The crime is punishable by up to one year in prison or a fine of up to $1,000.

The blocked material is defined by reference to existing state law. Tennessee’s revenge porn law depends on privacy in the creation of the image, and the person depicted must suffer emotional distress.

The seller or distributor must provide regular and ongoing updates to the filtering software to make sure it continues to block the prohibited content.

The filtering software can be deactivated by the business who sold or distributed the device if the purchaser or recipient: a. Makes a request that it be disabled; b. Presents identification proving he or she is 18 or older; c. The consumer acknowledges receiving a written warning of the dangers of deactivating the filtering software; and, d. Pays a $20 tax and any additional fee charged by the seller or distributor.

The seller may opt out of the $20 tax for each customer by paying a $20 tax for all devices it sells.

The seller must also set up a call in center or reporting website for reports of the filtering software over or under blocking material in error. The seller must investigate all reports within 5 days and remedy any errors by the filtering software. If the seller fails to do so, the consumer or group of consumers may sue for injunctive relief.

A violation shall be considered a prohibited practice subject to the enforcement provisions of the Tennessee Consumer Protection Act. Any violation is also subject to a civil suit by the consumer and the attorney general may seek injunctive relief.

The blocked material is defined by reference to existing state law. Tennessee’s revenge porn law depends on privacy in the creation of the image, and the person depicted must suffer emotional distress.

The seller or distributor must provide regular and ongoing updates to the filtering software to make sure it continues to block the prohibited content.

The filtering software can be deactivated by the business who sold or distributed the device if the purchaser or recipient: a. Makes a request that it be disabled; b. Presents identification proving he or she is 18 or older; c. The consumer acknowledges receiving a written warning of the dangers of deactivating the filtering software; and, d. Pays a $20 tax and any additional fee charged by the seller or distributor.

The seller may opt out of the $20 tax for each customer by paying a $20 tax for all devices it sells.

The seller must also set up a call in center or reporting website for reports of the filtering software over or under blocking material in error. The seller must investigate all reports within 5 days and remedy any errors by the filtering software. If the seller fails to do so, the consumer or group of consumers may sue for injunctive relief.

A violation shall be considered a prohibited practice subject to the enforcement provisions of the Tennessee Consumer Protection Act. Any violation is also subject to a civil suit by the consumer and the attorney general may seek injunctive relief.

Sexual exploitation of children is not defined.

A violation is subject to up to 5 years in prison, a fine, or both. The bill is a companion to S. 2162.

Sexual exploitation of children is not defined.

A violation is subject to up to 5 years in prison, a fine, or both. The bill is a companion to H.R. 4472

The blocked material is defined by reference to existing state law except obscenity, which is not defined. Virginia has a revenge porn law has a malicious intent requirement.

The seller or distributor must make reasonable and ongoing efforts to filter is working properly.

If the filtering software blocks material that is not obscene and the purchaser or recipient reports it to the seller or distributor, the content must be unblocked within five days. The purchaser or distributor may seek judicial relief to unblock content that is not obscene. There is no way to unblock any other category of content. Nor can anyone other than the purchaser unblock content that is not obscene.

The filtering software can be deactivated by the person who sold or distributed it if the purchaser or recipient: a. Makes a request that it be disabled; b. Presents identification proving he or she is 18 or older; c. The manufacturer or distributor provides a written warning of the potential dangers of deactivating the filtering software that the consumer must acknowledge receiving; and, d. Pays a $20 tax and any additional fee charged by the seller or distributor.

A violation shall be considered a prohibited practice subject to the enforcement provisions of the Virginia Consumer Protection Act. Any violation is also subject to a civil suit by the consumer and the attorney general may seek injunctive relief.

The resolution sites sources such as David Grossman and “American Psychological Association experts” as justification for studying this issue.

The blocked material is defined by reference to existing state law. West Virginia’s revenge porn law has a malicious intent prong.

The seller or distributor must provide regular and ongoing updates to the filtering software to make sure it continues to block the prohibited content.

The filtering software can be deactivated by the person who sold or distributed it if the purchaser or recipient: a. Makes a request that it be disabled; b. Presents identification proving he or she is 18 or older; c. The manufacturer or distributor provides a written warning of the potential dangers of deactivating the filtering software that the consumer must acknowledge receiving; and, d. Pays a $20 tax and any additional fee charged by the seller or distributor.

The seller must also set up a call in center or reporting website for reports of the filtering software over or under blocking material in error. The seller must investigate all reports within a reasonable amount of time and, if necessary to update the filtering software.

A violation shall is a misdemeanor subject to up to 6 months in jail, a $1,000 fine, or both. The attorney general may also seek injunctive relief to prevent further violations. A consumer injured by a violation of the legislation may bring a civil action for damages of no less than the cost of the device and any legal fees.

The law goes into effect only after five other states pass such a law.

The blocked material is defined by reference to existing state law. West Virginia’s revenge porn law has a malicious intent prong.

The seller or distributor must provide regular and ongoing updates to the filtering software to make sure it continues to block the prohibited content.

The filtering software can be deactivated by the person who sold or distributed it if the purchaser or recipient: a. Makes a request that it be disabled; b. Presents identification proving he or she is 18 or older; c. The manufacturer or distributor provides a written warning of the potential dangers of deactivating the filtering software that the consumer must acknowledge receiving; and, d. Pays a $20 tax and any additional fee charged by the seller or distributor.

The seller must also set up a call in center or reporting website for reports of the filtering software over or under blocking material in error. The seller must investigate all reports within a reasonable amount of time and, if necessary to update the filtering software.

A violation shall be a misdemeanor subject to up to 6 months in jail, a $1,000 fine, or both. The attorney general may also seek injunctive relief to prevent further violations. A consumer injured by a violation of the legislation may bring a civil action for damages of no less than the cost of the device and any legal fees.

The law goes into effect only after five other states pass such a law.

The seller or distributor must provide regular and ongoing updates to the filtering software to make sure it continues to block the prohibited content.

The filtering software can be deactivated by the person who sold or distributed it if the purchaser or recipient:

1. Makes a written request that it be disabled;
2. Seller or manufacturer verifies that the person is 18 or older; and,
3. The consumer acknowledges in writing receiving a written statement warning of the potential dangers of the content that the filters are blocking. The attorney general is responsible for drafting the written statement.

The seller must also set up a call in center or reporting website for reports of the filtering software over or under blocking material in error. If the manufacturer, distributor or seller is unresponsive to a report, the consumer or the attorney general may bring a suit to make them make reasonable efforts to ensure that obscene material is blocked and non-obscene material is unblocked.

Manufacturing, distributing or selling a device without filtering software in Wyoming is a violation of the existing law of promoting obscenity. A violation is a misdemeanor subject to up to one year in prison, a $1,000 fine, or both.