Summary
S.B. 460 is an HTPA bill. It bars any retailer from selling or leasing any device that makes content accessible on the internet unless it has operating filtering software that blocks access to obscene material, revenge pornography and any website known to facilitate prostitution.
The blocked material is defined by reference to existing state law. West Virginia’s revenge porn law has a malicious intent prong.
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 person who sold or distributed it 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 manufacturer or distributor provides a written warning of the potential dangers of deactivating the filtering software that the consumer must acknowledge receiving; and, d. Pays a $20 tax and any additional fee charged by the seller or distributor.
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 a reasonable amount of time and, if necessary to update the filtering software.
A violation shall is a misdemeanor subject to up to 6 months in jail, a $1,000 fine, or both. The attorney general may also seek injunctive relief to prevent further violations. A consumer injured by a violation of the legislation may bring a civil action for damages of no less than the cost of the device and any legal fees.
The law goes into effect only after five other states pass such a law.
Information
For more information on HTPA bills and why they are unconstitutional, visit our page on them.
Summary
Referred to Judiciary Committee. 2/1/2018