Summary
Oklahoma Senate Bill 864 would bar anyone from manufacturing, distributing, or selling any product that makes content accessible on the internet from doing business in the state unless the product has active and operating “digital blocking capability” (filtering software) that blocks access to obscene material. The product must also make inaccessible “private sexual images published without consent” and any website that facilitates prostitution or human trafficking. It would require filters on computers, smartphones, tablets, game consoles, televisions, smart watches, and presumably on web browsers and other software.
“Private sexual images published without consent” is not defined in the bill nor by any reference to Oklahoma’s existing law regulating publication of some images done without consent of the person depicted.
A violation is subject to not more than one year in jail, a fine of up to $1,000, or both. The attorney general may seek injunctive relief to bar any distributor in violation from operating in the state.
The distributor may (but is not required to) deactivate the filtering software only if the consumer specifically requests that it be turned off, presents proof that he or she is an adult, acknowledges receiving a written warning of the danger of turning off the filter, and pays a $20 tax plus any additional charge imposed by the distributor.
In addition to these requirements, the manufacturer and each distributor must make reasonable and ongoing efforts to ensure that the filter is working properly. They must also create a website, call center, or other reporting mechanism to allow a person to report blocking of non-obscene material or the failure to block obscene material. Once a report is made, the distributor has five days to assess the content and block material that is obscene and unblock speech that is not obscene. If the distributor declines to block material reported as obscene, the attorney general or any person may bring a civil suit to block unblocked content. If the attorney general or the person prevails, they may seek damages of $500 per unblocked depiction. If the distributor decides not to unblock material reported as not obscene, any person may sue to get the speech unblocked but the attorney general is not authorized to bring such a suit, nor is the person entitled to damages. In either case, the prevailing party is entitled to attorneys’ fees.
Status
No action was taken on the bill. The bill is dead.
Action
On January 24, 2019, Media Coalition submitted a memo in opposition to the Senate Committee on Business, Commerce and Tourism.
Analysis
History
On January 24, 2019, Media Coalition submitted a memo in opposition to the Senate Committee on Business, Commerce and Tourism.
On February 4, 2019, the bill was introduced and referred to the Senate Commitee on Business, Commerce and Tourism.