Summary

Rhode Island Senate Bill 2584 is an HTPA bill, which requires Internet Service Providers to provide filtering software that renders “sexual content and/or patently offensive material” inaccessible with any service or product it sells or leases.

“Sexual content” is not defined in the bill or by reference. “Patently offensive” is defined by reference to an existing law as “so offensive on its face as to affront current standards of decency.”

The bill also requires anyone manufacturing, selling, offering for sale or otherwise distributing any device that makes content accessible on the internet to block access to “revenge pornography” and any “hub that facilitates prostitution” and to render websites that are “known to facilitate human trafficking” inaccessible. None of these terms are defined in the bill or by reference.

The manufacturer or seller of devices must also make reasonable and ongoing efforts to ensure that the filter is working properly. They must create a website, call center or other reporting mechanism to allow a consumer to report sexual content or patently offensive material that was not blocked or report blocking of material that is not sexual content or “potentially” offensive. (It seems that “potentially” was used in place of “patently.”) The manufacturer and sellers must do this even though the ISP is required to provide the filtering software for this content. There is no mechanism for reporting over blocking of any other content that must be filtered.

Once a report is made, the distributor has five days to assess the content and unblock material that is sexual content or patently offensive. If the business does not unblock this content, a consumer may seek judicial relief. However, the legislation does not provide damages or legal fees if the consumer is successful. If the business if “unresponsive” to a request to block sexual content or patently offensive material, the attorney general or a consumer may bring a civil suit to block unblocked content. The attorney general or the person may seek damages of $500 for each item of content. There is no time limit for a review by a company for reports of sexual content or patently offensive material that was not blocked.

Finally, the filtering software may be deactivated if the consumer requests in writing that it be disabled, presents proof that he or she is an adult, acknowledges receiving a written warning of the dangers of accessing the internet without filters and pays a $20 tax plus any charges imposed by the distributor.

Analysis

See our page on HTPA bills for an overview of this legislation.

Read our memo in opposition to this bill for an analysis on why the bill is unconstitutional.

Status

  • 03/01/2018: The bill was introduced and referred to the Senate Committee on Judiciary.
  • 03/23/2018: The bill was scheduled for a hearing on March 27.
  • 03/27/2018: The bill’s sponsor withdrew the bill at the hearing.