Summary

H.B. 509 bars the manufacturing, production or sale of any device that provides internet access unless it contains an active and operating filter that blocks or restricts access to obscene material, “revenge porn” and “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 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 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).

Other requirements in the legislation for covered businesses include:

  • Send out regular updates to “ensure the quality and performance of the filter.”
  • Establish a reporting website or call center so consumers can report failure to block harmful to minors material.
  • Allow consumers to report filtering of non-obscene material.
  • 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.

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

Social networking websites are exempt from the filtering software if it has a call center or reporting website and is “proactive” in removing obscene material once reported.

Status

No action was taken on the bill in 2018. The legislature has adjourned its session.

Analysis

For more information on HTPA bills and why they are unconstitutional, visit our page on them.

History

  • The bill was introduced on February 28, 2017, and was referred to the House Judiciary Committee.
  • The bill was read for the second time in the House on March 1, 2017. It was scheduled for a hearing in committee but was later removed from the agenda.
  • No further action was taken in 2017.
  • No action was taken in 2018. The Georgia legislature has adjourned its session.

 

 

Last updated: Feb 7, 2020