Summary
S.B. 89 is an HTPA bill. It bars the manufacture, sale, offer for sale, lease or other distribution of any device that makes content accessible on the internet unless the device has active and properly operating filtering software that blocks access to obscene material, “revenge pornography” and websites that facilitates prostitution or human trafficking.
“revenge porn” is defined as publication of any nude image published if the image contains or conveys the personally identifying information without the consent of the person in the image (the bill is written so that consent goes to the identifying information). Nudity is defined as less than completely and opaquely covered pubic region, buttock or female breast below the top of the nipple or male genitals in a discernably turgid state whether covered or not.
Any person who violates the law is subject to up to one year in prison or fine of up to $500. The attorney general or a district attorney may seek injunctive relief against a manufacturer or distributor of a device that allows access to content that must be blocked under the bill.
The filtering software can only be deactivated by an adult who goes through a four step process: a. The adult makes a written request; b. Presents identification proving he or she is 18 or older; c. Acknowledges receiving a written warning of the potential dangers of deactivating the filtering software; and d. Pays a $20 “access” fee.
The manufacturer or distributor must make reasonable and ongoing efforts to filter is working properly.
The manufacturer or distributor must also create a website, call center or other reporting mechanism to allow a person to report material or websites that should be blocked but is not blocked. If the content is still unblocked after five days, the reporting party or attorney general can sue for damages of up to $500 for each image, video or audio depiction or website. The prevailing party is entitled to legal fees.
A person may also report non-obscene material that is blocked but should not be. If the content is not unblocked after five days, the reporting party may seek judicial relief to unblock the content. The prevailing party in any litigation is entitled to legal fees.
Information
For more information on HTPA bills and why they are unconstitutional, visit our page on them.
Status
Referred to Committee on Committees, Public Affairs, Judiciary and Finance 1/18/2018