Summary
S.B. 363 is an HTPA bill that bars an internet service provider from selling or leasing to a consumer any product or service that makes content accessible on the internet, unless that product or service contains an active and operating technology that blocks access to “obscene content.”
“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:
- The consumer requests that they be deactivated.
- The consumer provides a sworn affidavit attesting that the owner is an adult.
- The consumer receives a signed written warning that he or she has been notified of the dangers of deactivating the filter.
- The consumer pays a $20 tax.
The manufacturer or distributor must also make reasonable and ongoing efforts to ensure 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 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.
Status
The Kansas legislature has adjourned its session. The bill died in committee.
Information
For more information on HTPA bills and why they are unconstitutional, visit our page on them.
History
- The bill was introduced on February 1, 2018, and referred to the Senate Committee on Judiciary.
- The Kansas legislature has adjourned its session.