Summary
S.B. 2280 is an HTPA bill. It bars any business that makes a first sale of a device that allows the user to view or download content from the internet from selling or renting such a device unless it has operating filtering software that blocks access to obscene material, revenge pornography and any website that promotes prostitution.
The blocked material is defined by reference to existing state law. Tennessee’s revenge porn law depends on privacy in the creation of the image, and the person depicted must suffer emotional distress.
The seller or distributor must provide regular and ongoing updates to the filtering software to make sure it continues to block the prohibited content.
The filtering software can be deactivated by the business who sold or distributed the device if the purchaser or recipient: a. Makes a request that it be disabled; b. Presents identification proving he or she is 18 or older; c. The consumer acknowledges receiving a written warning of the dangers of deactivating the filtering software; and, d. Pays a $20 tax and any additional fee charged by the seller or distributor.
The seller may opt out of the $20 tax for each customer by paying a $20 tax for all devices it sells.
The seller must also set up a call in center or reporting website for reports of the filtering software over or under blocking material in error. The seller must investigate all reports within 5 days and remedy any errors by the filtering software. If the seller fails to do so, the consumer or group of consumers may sue for injunctive relief.
A violation shall be considered a prohibited practice subject to the enforcement provisions of the Tennessee Consumer Protection Act. Any violation is also subject to a civil suit by the consumer and the attorney general may seek injunctive relief.
Information
For more information on HTPA bills and why they are unconstitutional, visit our page on them.
Status
Passed on Second Consideration, refer to Senate Judiciary Committee – 02/05/2018