Summary
S.B. 394 is an HTPA bill that bars a person from manufacturing, distributing or selling an internet-enabled device unless it contains active digital blocking software.
The software must block the accessing of material that the attorney general deems to contain “indecent” material and sites that “facilitate human trafficking.” The attorney general must update the list of sites to be blocked at least once a month and transmit the revised list to manufacturers, distributors and sellers.
Filters may only be deactivated by the manufacturer, distributor or seller if:
- The consumer requests in writing that it be deactivated;
- The seller verifies that the owner is an adult;
- The consumer receives and acknowledges in writing a document describing the danger of deactivating the filter; and
- 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.
Status
The legislature has adjourned its session. The bill died in committee.
Analysis
For more information on HTPA bills and why they are unconstitutional, visit our page on them.
History
- The bill was introduced on January 8, 2018, and referred to the Committee on Commerce and Technology.
- The Indiana legislature adjourned its session.