Summary
S.B. 585 is an HTPA bill that bars manufacturers, distributors and sellers of devices capable of accessing content on the internet from doing business in the state unless each device has an active and operating digital blocking capability that blocks access to obscene material and websites that facilitate human trafficking and prostitution.
Filters may only be deactivated 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 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.
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 the 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 in 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 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.
Status
The bill received an unfavorable report by the Senate Finance Committee. The bill was withdrawn.
Analysis
For more information on HTPA bills and why they are unconstitutional, visit our page on them.
History
- The bill was introduced on January 31, 2018, and referred to the Senate Finance Committee.
- The bill was scheduled for a hearing on February 15, 2018. The hearing was cancelled.
- On February 9, 2018, the bill received an unfavorable report by the Senate Finance Committee. The bill was withdrawn.