Text of AK SB 245 (2024)

SB0245A -1- SB 245 New Text Underlined [DELETED TEXT BRACKETED] 33-LS1248\A SENATE BILL NO. 245 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - SECOND SESSION BY SENATOR BJORKMAN Introduced: 2/19/24 Referred: Labor and Commerce, Judiciary A BILL FOR AN ACT ENTITLED "An Act relating to obscene material filters for electronic devices used by minors; and 1 providing for an effective date." 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 * Section 1. AS 45.50 is amended by adding a new section to read: 4 Article 6A. Filters for Electronic Devices Used by Minors. 5 Sec. 45.50.860. Obscene material filter. A manufacturer of a device activated 6 in the state shall ensure that the device 7 (1) contains a filter; 8 (2) determines the user's age upon activation; 9 (3) automatically activates the filter when the device determines the 10 user is a minor; 11 (4) allows a password to be created and used to deactivate and 12 reactivate the filter; and 13 (5) notifies the user of the device when the filter blocks the device 14 33-LS1248\A SB 245 -2- SB0245A New Text Underlined [DELETED TEXT BRACKETED] from accessing an Internet website. 1 Sec. 45.50.865. Parental and attorney general cause of action. (a) Except as 2 provided in (b) of this section, the manufacturer of a device that does not comply with 3 AS 45.50.860 is liable to the parent or guardian of a minor who accesses obscene 4 material on the device. 5 (b) A manufacturer is not liable if the manufacturer has made a good faith 6 effort to provide a device that, upon activation of the device in the state, automatically 7 enables a filter in accordance with AS 44.50.860. 8 (c) A person who is not a parent or guardian of a minor who disables a filter 9 on a device used by the minor is liable to the parent or guardian of the minor if the 10 minor accesses obscene material on the device. 11 (d) A parent or guardian may bring an action under this section in the superior 12 court. The court may award 13 (1) actual damages or, if the court finds that actual damages are 14 difficult to ascertain because of the nature of the injury, liquidated damages in the 15 amount of $50,000 for each violation; 16 (2) punitive damages under AS 09.17.020; 17 (3) nominal damages; and 18 (4) other relief determined by the court to be appropriate. 19 (e) When the attorney general has reason to believe that a person has violated 20 AS 45.50.860 - 44.50.875, the attorney general may conduct an investigation. The 21 attorney general may issue subpoenas to require the attendance of witnesses or the 22 production of documents or other physical evidence, administer oaths, and conduct 23 hearings to aid the investigation. Service of an order or subpoena shall be made in the 24 same manner as a summons in a civil action in the superior court. The attorney general 25 may bring an action in the superior court for violation of AS 45.50.860 - 45.50.875. 26 The court may 27 (1) enjoin the person from violating AS 45.50.860 - 44.50.875; 28 (2) impose a civil penalty on the person of not more than $5,000 for 29 each violation, not to exceed a total of $50,000; for the purpose of this paragraph, a 30 manufacturer commits a separate violation for each device manufactured that does not 31 33-LS1248\A SB0245A -3- SB 245 New Text Underlined [DELETED TEXT BRACKETED] comply with AS 45.50.860; 1 (3) award reasonable costs to the attorney general, including expenses 2 and investigative costs; and 3 (4) order other appropriate relief. 4 Sec. 45.50.870. Penalty. A person who disables a filter on a device used by a 5 minor and is not the parent or guardian of the minor is guilty of 6 (1) a class B misdemeanor for the first offense, punishable by a fine of 7 not more than $5,000 and a term of imprisonment of not more than 15 days; or 8 (2) a class A misdemeanor for a second or subsequent offense, 9 punishable by a fine of not more than $50,000 and a term of imprisonment of not more 10 than one year. 11 Sec. 45.50.875. Definitions. In AS 45.50.860 - 45.50.875, 12 (1) "activate" means the process of powering on a device and 13 associating the device with a new user account; 14 (2) "device" means a tablet or smartphone; 15 (3) "filter" means software installed on a device that is capable of 16 preventing the device from accessing or displaying obscene material through an 17 Internet browser; 18 (4) "manufacturer" means a person that is engaged in the business of 19 manufacturing a device, holds the patents for the device, and does business in the 20 state; 21 (5) "minor" means an individual under 18 years of age who has not 22 had the disabilities of a minor removed as described in AS 09.55.590; 23 (6) "obscene material" means material that 24 (A) the average individual, applying contemporary community 25 standards, would find, when taken as a whole, appeals to prurient interest in 26 sex for individuals under 18 years of age; 27 (B) depicts the following actual or simulated conduct in a way 28 that is patently offensive to the prevailing standards in the adult community as 29 a whole with respect to what is suitable for individuals under 18 years of age: 30 (i) sexual penetration; 31 33-LS1248\A SB 245 -4- SB0245A New Text Underlined [DELETED TEXT BRACKETED] (ii) the lewd touching of a person's genitals, anus, or 1 female breast; 2 (iii) masturbation; 3 (iv) bestiality; 4 (v) the lewd exhibition of a person's genitals, anus, or 5 female breast; or 6 (vi) sexual masochism or sadism; and 7 (C) a reasonable person would find, taken as a whole, lacks 8 serious literary, artistic, educational, political, or scientific value for 9 individuals under 18 years of age; 10 (7) "password" means a string of characters or other secure method 11 used to enable, disable, modify, or uninstall a filter on a device; 12 (8) "smartphone" means a portable electronic device that combines a 13 cellular telephone with a handheld computer that typically provides Internet access, 14 data storage, and text and electronic mail capabilities; 15 (9) "tablet" means a portable electronic device that is equipped with a 16 touchscreen display and rechargeable battery, can be used to access the Internet, and 17 does not contain a built-in keyboard. 18 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 APPLICABILITY. This Act applies to devices, as that term is defined in 21 AS 45.50.875, added by sec. 1 of this Act, that are activated in the state on or after the 22 effective date of this Act. 23 * Sec. 3. This Act takes effect January 1, 2025. 24