Summary
S.B. 2478 is an HTPA bill that bars anyone from selling a device that provides internet access unless it contains an “active” filter that blocks access to sites containing “obscene” content that promotes or facilitates prostitution or “cyberharassment,” images of “cyberharassment” and non-obscene solicitations or offers for prostitution or assignations.
“Obscene material” is defined as material that meets the Miller three-prong test and facilitates or promotes prostitution, assignation or cyberharassment.
“Cyberharassment” is defined as the 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 device without a filter is a misdemeanor. Sale of a device to a minor is a felony.
Filters may only be deactivated if:
- The consumer requests that it be deactivated.
- The consumer presents identification to verify the consumer is an adult.
- The consumer acknowledges receiving a written “warning” of the potential danger of deactivating the filter.
- 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:
- Make reasonable and ongoing efforts to ensure that the filter is working properly, including sending monthly updates to the software.
- 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 in 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 the 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.
Status
The Hawaii legislature has adjourned its 2018 session. The bill is dead.
Analysis
For more information on HTPA bills and why they are unconstitutional, visit our page on them.
History
- The bill was introduced on January 19, 2018, and was referred to the Senate Committee on Judiciary, the Senate Committee on Economic Development, Tourism and Technology and the Senate Committee on Ways and Means.
- The Hawaii legislature has adjourned its session.