Summary
H.B. 1472, titled “Human Trafficking Prevention Act” (HTPA) makes it a crime for any business or person who manufacturers, distributes or sells any product that makes content accessible on the internet is barred from doing business in Oklahoma unless the product contains an “active and operating digital blocking capability” that blocks access to obscene material.
The business or individual must also:
1. Make reasonable and ongoing efforts to ensure that the blocking software works properly; including setting up a call center or website to report blocking non-obscene material and failing to block obscene material.
2. Block “private sexual images published without consent of all parties.” These images are not illegal Oklahoma law and are protected by the First Amendment.
3. Block access to prostitution and human trafficking websites, but neither term is defined.
A business or individual that manufactures, distributes or sells a product without the digital content blocking capability or sells the product to a minor without activated filters is subject to up to one year imprisonment in county jail, a fine of not less than $1,000, or both.
Deactivation of filters: Any digital blocking capability may be deactivated after a 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 one-time $20 digital access fee to the seller.
The blocking software shall not filter a commercial social networking site if it has a call center or reporting website and is “proactive” in removing obscene material once it has been reported.
Information
For more information on HTPA bills and why they are unconstitutional, visit our page on them
Status
Amended and passed Judiciary and Criminal Justice and Corrections Cmte 3/1/2017. The deadline for the bill to pass the House is 3/24/2017.