Summary
A.B. 9011 is an HTPA bill. It bars the sale or distribution of any computer or mobile device without filtering software that blocks access to child pornography, any “hub that facilitates prostitution” or website “known to facilitate human trafficking.”
The manufacturer must also 1. make a reasonable and ongoing efforts to ensure it works properly. 2. also establish a reporting mechanism for owners of devices to report issues with the filtering software. 3. unblock content that was incorrectly blocked within five days after being informed by a consumer.
Filtering software may be deactivated upon written request by the consumer, if he or she provides verification of being an adult, receives a warning of the dangers of access the internet without a warning and pays a $20 tax.
If a consumer requests a manufacturer unblock filtered content but it remains blocked, the consumer may seek judicial relief.
If a consumer reports content that should be blocked by the manufacturer does not block it, the consumer or attorney general may sue for damages of up to $500 for each item of content that was reported but was not subsequently blocked. The prevailing party may also recover attorneys’ fees. The legislation does not require the consumer or attorney general to prove in court that the material should have been blocked.
Information
For more information on HTPA bills and why they are unconstitutional, visit our page on them.
Status
Referred to Committee on Consumer Affairs and Protection. 01/11/2018