Summary
H.B. 3003 (HTPA) requires that all devices that allow access to the internet must come with an “active and operating digital blocking capability” that make obscene material “inaccessible.”
The “digital blocking capability” must also make “inaccessible” child pornography (not defined), revenge pornography (SC doesn’t have an RP law), hubs that facilitate prostitution (undefined) and websites that facilitate trafficking in persons (defined by reference to a separate statute).
The “digital blocking capability” can only be deactivated by an adult who goes through a four step process:
a. The adult makes a written request.
b. Presents identification proving he or she is 18 or older.
c. Acknowledges receiving a written warning of the potential dangers of deactivating the “digital blocking capability.”
d. Pays a $20 “access” fee.
The business must set up a website or call center to allow reporting of unblocked obscene material or blocked material that is not obscene.
a. Any reports of over blocking or under blocking must be reviewed within five days
1. A consumer may “seek judicial relief” to unblock content that they think is not obscene
2. The consumer or the Attorney General can sue for failing to respond in a timely fashion about a complaint that material was not blocked that they think is obscene.
The bill makes it illegal to manufacture, distribute, or sell a product that makes content accessible on the Internet without the “digital content blocking capability,” selling the product to a minor without activated filters, or providing the means to disable the “digital content blocking capability”.
a. Any business that violates the section will be deemed to have violated three laws separate laws
1. SECTION 16-15-250: Bars the anonymous communication to another person without their consent of “obscene, profane, indecent vulgar, suggestive, or immoral message.” This is a misdemeanor subject to three years in prison.
2. SECTION 16-15-345. Disseminating obscene material to person under age eighteen. This is a felony subject to up to 10 years in prison.
3. SECTION 16-15-385. Disseminating harmful material to minors and exhibiting harmful performance to minor. This is also a felony subject to up to 10 years in prison.
The Attorney General may seek injunctive relief against any business that “violates the provisions of this article.”
Information
For more information on HTPA bills and why they are unconstitutional, visit our page on them.
Status
House – Member(s) request name added as sponsor: D.C.Moss, Martin, Funderburk, Govan – 02/13/2018