Summary
S.B. 2315 is an HTPA bill makes it unlawful to manufacture, sale, offer for sale, lease or distribution of any device that makes available content on the internet without installed and active filtering software to block access to “revenge pornography” and sites that are a “hub that facilitates prostitution” and sites that are “known to facilitate human trafficking.” The filters must also block minors access to obscene material.
None of these terms are defined.
The filtering software may only be deactivated if the consumer: 1.requests in writing that the capability be disabled; 2. presents identification to verify that the consumer is 18 years of age or older; 3. acknowledges receiving a written warning regarding the potential danger of deactivating the digital blocking capability; and, 4. pays a $20 tax. Alternatively, a business can pay a $20 tax (“opt out fee”) per device.
A violation of the section is subject to civil penalty for a first offense, $2,000 for a second offense and $50,000 for each subsequent offense. .
If the filtering software blocks material that is not obscene and this is reported to a call center or reporting website, the material must be unblocked within five business days. Also, a consumer may seek judicial relief to unblock filtered content. As written, the failure to unblock is not a condition that must be met to go to court. Also, there is no list of remedies available if the plaintiff wins in court.
If the person who manufacturers or distributes the device is unresponsive to a report of obscene material that has not been blocked, the attorney general or the reporting party may file a civil suit for damages of up to $500 for each piece of content that was reported but not subsequently blocked. The prevailing party may seek attorneys’ fees also.
There is no remedy for under or over blocking of “revenge porn,” “prostitution hubs” or sites that “facilitate human trafficking.”
The bill does not require a person who manufacturers or distributes a device to set up a call center or reporting website to accept claims of overblocking or under blocking.
Information
For more information on HTPA bills and why they are unconstitutional, visit our page on them.
Status
Died in committee: 1/30/2018