Text of AL HB 167 (2024)

HB167 INTRODUCED Page 0 HB167 LD25YWW-1 By Representatives Sells, Mooney, Lipscomb, Oliver, Robertson, Lee, Treadaway, Wilcox, Wood (R), Wood (D), Shaver, Stringer, Harrison, Lamb, Rehm, Starnes, Garrett, Whorton, Wadsworth, Estes, Bedsole, Ingram, Smith, Shaw, Paramore, Shirey, Brown, DuBose, Butler, Givens, Fidler, Kiel, Standridge, Kirkland, Reynolds, Fincher, Underwood, Colvin, Moore (P), Woods, Brinyark, Holk-Jones, Blackshear, Clouse, Marques, Whitt, Bolton, Collins, Baker, McCampbell, Travis, Sellers, McClammy, Hollis, Warren, Jackson, Boyd, Morris, Hassell, Bracy RFD: Judiciary First Read: 14-Feb-24 1 2 3 4 5 6 7 8 9 10 11 12 13 LD25YWW-1 02/06/2024 CMH (L)bm 2023-3517 Page 1 SYNOPSIS: This bill would require manufacturers of certain Internet-enabled devices, including smart phones and tablets, to require that devices manufactured on or after January 1, 2025, contain a filter that is activated during the activation of the device if the user is a minor, and only allow a user with a password to deactivate or reactivate the filter. This bill would provide that a manufacturer of a device in violation of this act is subject to civil liability and provide for penalties. A BILL TO BE ENTITLED AN ACT Relating to consumer protection; to provide certain requirements for the use of a filter on certain Internet-enabled devices in this state; to provide certain requirements for the filter; and to authorize a civil action for a violation. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. As used in this act, the following terms 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HB167 INTRODUCED Page 2 have the following meanings: (1) ACTIVATE. The process of powering on a device and associating it with a new or existing user account. (2) DEVICE. A tablet or a smartphone manufactured on or after January 1, 2025. (3) FILTER. Software used on a device that is capable of preventing the device from accessing or displaying obscenity through Internet browsers or search engines via mobile data networks, wired Internet networks, and wireless Internet networks. (4) INTERNET. The global information system that is logically linked together by a globally unique address space based on the Internet protocol (IP), or its subsequent extensions; that is able to support communications using the transmission control protocol/Internet protocol (TCP/IP) suite or its subsequent extensions, or other IP-compatible protocols; and that provides, uses, or makes accessible, either publicly or privately, high-level services layered on communications and related infrastructure. (5) MANUFACTURER. A person to which all of the following apply: a. Is engaged in the business of manufacturing a device. b. Holds the patents for the device it manufactures. c. Has a commercial designated registered agent in this state. (6) MINOR. An individual under 18 years of age who is not emancipated, married, or a member of the United States 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 HB167 INTRODUCED Page 3 Armed Forces. (7) OBSCENITY. A visual depiction of matter that is obscene, as those terms are defined under Section 13A-12-190, Code of Alabama 1975. (8) PASSWORD. A string of characters or other secure method used to enable, deactivate, modify, or uninstall a filter on a device. (9) SMARTPHONE. An electronic device that combines a cell phone with a hand-held computer, typically offering Internet access through a browser or search engine and that typically has data storage, text, and email capabilities. (10) TABLET. An Internet-ready device equipped with an operating system, touchscreen display, rechargeable battery, and the ability to support access to a cellular network. Section 2. Beginning on January 1, 2026, all devices activated in the state must meet all of the following requirements: (1) Contain a filter. (2) Determine the age of the user during activation and account set-up. (3) Set the filter to "on" for minor users. (4) Allow a password to be established for the filter. (5) Notify the user of the device when the filter blocks the device from accessing a website. (6) Give the user with a password the opportunity to deactivate and reactivate the filter. Section 3. (a) Beginning January 1, 2026, a manufacturer of a device shall be subject to civil and 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 HB167 INTRODUCED Page 4 criminal liability if all of the following occur: (1) The device is activated in the state. (2) The device does not, upon activation, enable a filter that complies with the requirements described in Section 2. (3) A minor accesses material that is obscene on the device. (b) Notwithstanding subsection (a), this section does not apply to a manufacturer that makes a good faith effort to provide a device that, upon activation of the device in the state, automatically enables a generally accepted and commercially reasonable filter that blocks obscene content on all Internet browsers or search engines accessed on the device in accordance with this section. (c) Nothing in this act shall be construed to create a cause of action against the retailer of a device. Section 4. With the exception of a minor's parent or legal guardian, any person may be liable in a civil action for enabling the password to remove the filter on a device in the possession of the minor if the minor accesses content that is obscene. Section 5. (a) Whenever the Attorney General has reason to believe that a person violated or is violating this act, the Attorney General, acting in the public interest, may bring an action in the name of the state against the person as follows: (1) To enjoin any action that constitutes a violation of this act by the issuance of a temporary restraining order 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 HB167 INTRODUCED Page 5 or preliminary or permanent injunction. (2) To recover from the alleged violator a civil penalty not to exceed five thousand dollars ($5,000) per violation, and not to exceed a total of fifty thousand dollars ($50,000) in aggregate, as determined by the court. (3) To recover from the alleged violator the Attorney General's reasonable expenses, investigative costs, and attorney fees. (4) To obtain other appropriate relief as provided for under this act. (b) The Attorney General, in addition to other powers conferred by this act, may issue subpoenas to any person and conduct hearings in aid of any investigation or inquiry. (c) The Attorney General may seek the revocation of any license or certificate authorizing a manufacturer to engage in business in this state. (d) For purposes of assessing a penalty under this section, a manufacturer is considered to have committed a separate violation for each device manufactured on or after January 1, 2025, that violates Section 3. Section 6. (a) Any parent or legal guardian of a minor who accesses obscene content in violation of Section 2 may bring a private cause of action in any court of competent jurisdiction against a manufacturer who failed to comply with Section 2. (b) A prevailing plaintiff may recover all of the following: (1) Actual damages or, in the discretion of the court 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 HB167 INTRODUCED Page 6 where actual damages are difficult to ascertain due to the nature of the injury, liquidated damages in the amount of fifty thousand dollars ($50,000) for each violation. (2) When a violation is found to be knowing and willful, punitive damages in an amount determined by the court. (3) Nominal damages. (4) Attorney fees. (5) Any other relief as the court deems appropriate, including court costs and expenses. (c) Nothing in this section precludes the bringing of a class action lawsuit against a manufacturer where the manufacturer's conduct in violation of Section 2 is knowing and willful. (d) Any parent or legal guardian of a child may bring an action in a court of competent jurisdiction against any individual who is not the parent or legal guardian of the child and who disables the filter from a device in the possession of the child which results in the child's exposure to obscene content. Section 7. This act shall become effective on January 1, 2025. 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162