Summary
S.B. 2028 is an HTPA bill, that 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 for minors material, “revenge pornography,” obscenity and websites that facilitate or promote prostitution or human trafficking.
The terms “revenge porn,” “hub that facilitates prostitution” and “site that facilitates human trafficking” are not defined
A violation is deemed an unfair sales practice.
Filters may only be deactivated if:
1. The consumer specifically requests in writing that it be deactivated
2. The business verifies in a face to face meeting with the consumer in person or through electronic means that the consumer is 18 years old or older.
3. The customer acknowledges receiving a written “warning” of the potential danger of deactivating the filter.
4. The consumer pays a $20 tax to the business (which must be remitted to the state).
The manufacturer or seller of the device can choose to pay the fee for their entire inventory.
The manufacturer or distributor must make reasonable and ongoing efforts to insure that the filter is working properly. This includes distributing monthly updates to the software.
The manufacturer or distributor must also create a website, call center or other reporting mechanism to allow a person to report over blocking or under blocking. Non-obscene material must be unblocked within five business days. A consumer may seek judicial relief for failure to timely unblock
The attorney general or the consumer may sue the manufacturer or seller if they fail to respond to a report of material that should have been blocked but was not. They can seek $500 damages for each item that was reported and not subsequently blocked. The prevailing party is entitled to legal fees. There is no requirement that the material be proven to be obscene, obscene for minors or otherwise required to be blocked.
Information
For more information on HTPA bills and why they are unconstitutional, visit our page on them.
Status
Introduced, referred to Senate Judiciary. – 01/11/2018