Text of MD SB 780 (2024)
Internet-Connected Devices and Internet Service Providers - Default Filtering of Obscene Content (Maryland Online Child Protection Act)
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As introduced
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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0780*
SENATE BILL 780
I3, P2, C8
4lr2285
CF HB 772
By: Senator Muse
Introduced and read first time: February 1, 2024
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning
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Internet–Connected Devices and Internet Service Providers – Default Filtering
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of Obscene Content
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(Maryland Online Child Protection Act)
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FOR the purpose of prohibiting a person from selling an Internet–connected device that is
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intended for minors unless the device is sold with a certain filter, certain privacy
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settings, and other features; making a violation of the prohibition an unfair, abusive,
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or deceptive trade practice that is subject to the enforcement and penalties under the
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Maryland Consumer Protection Act; requiring that preference be given to certain
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grant applications that include the use of broadband providers that implement the
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use of certain filters; requiring that preference be granted in the State procurement
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process to Internet service providers that implement the use of certain filters; and
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generally relating to Internet content filtering in the State.
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BY repealing and reenacting, with amendments,
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Article – Commercial Law
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Section 13–301(14)(xl)
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Annotated Code of Maryland
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(2013 Replacement Volume and 2023 Supplement)
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BY repealing and reenacting, without amendments,
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Article – Commercial Law
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Section 13–301(14)(xli)
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Annotated Code of Maryland
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(2013 Replacement Volume and 2023 Supplement)
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BY adding to
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Article – Commercial Law
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Section 13–301(14)(xlii); and 14–4601 through 14–4604 to be under the new subtitle
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“Subtitle 46. Default Filters for Internet–Connected Devices for Children”
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Annotated Code of Maryland
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2
SENATE BILL 780
(2013 Replacement Volume and 2023 Supplement)
1
BY repealing and reenacting, with amendments,
2
Article – Housing and Community Development
3
Section 6.5–106 and 6.5–107
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Annotated Code of Maryland
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(2019 Replacement Volume and 2023 Supplement)
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BY adding to
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Article – State Finance and Procurement
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Section 14–419
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Annotated Code of Maryland
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(2021 Replacement Volume and 2023 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
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That the Laws of Maryland read as follows:
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Article – Commercial Law
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13–301.
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Unfair, abusive, or deceptive trade practices include any:
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(14)
Violation of a provision of:
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(xl)
Title 14, Subtitle 13 of the Public Safety Article; [or]
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(xli)
Title 14, Subtitle 45 of this article; or
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(XLII) TITLE 14, SUBTITLE 46 OF THIS ARTICLE; OR
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SUBTITLE 46. DEFAULT FILTERS FOR INTERNET–CONNECTED DEVICES FOR
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CHILDREN.
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14–4601.
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(A)
IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
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INDICATED.
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(B)
(1)
“DEVICE INTENDED FOR MINORS” MEANS A DEVICE THAT IS
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MARKETED TOWARD OR PRIMARILY SOLD FOR THE USE OF INDIVIDUALS UNDER THE
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AGE OF 18 YEARS.
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(2)
“DEVICE INTENDED FOR MINORS” INCLUDES:
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(I)
AN INTERNET–CONNECTED GAMING DEVICE; AND
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SENATE BILL 780
3
(II)
A DEVICE THAT SPECIFICALLY ADVERTISES CHILD SAFETY
1
FEATURES.
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(C)
“FILTER” MEANS SOFTWARE INSTALLED ON A DEVICE THAT IS CAPABLE
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OF PREVENTING THE DEVICE FROM ACCESSING OR DISPLAYING MATERIAL THAT IS
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HARMFUL TO MINORS THROUGH THE INTERNET OR ANY APPLICATIONS OWNED AND
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CONTROLLED BY THE MANUFACTURER AND INSTALLED ON THE DEVICE.
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(D)
“HARMFUL TO MINORS” MEANS THAT QUALITY OF ANY DESCRIPTION OR
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REPRESENTATION OF NUDITY, SEXUAL CONDUCT, SEXUAL EXCITEMENT, OR
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SADOMASOCHISTIC ABUSE WHEN IT:
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(1)
TAKEN AS A WHOLE, APPEALS TO THE PRURIENT INTEREST IN SEX
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OF MINORS;
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(2)
IS PATENTLY OFFENSIVE TO PREVAILING STANDARDS IN THE
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ADULT COMMUNITY AS A WHOLE WITH RESPECT TO WHAT IS SUITABLE MATERIAL
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FOR MINORS; AND
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(3)
TAKEN AS A WHOLE, LACKS SERIOUS ARTISTIC, EDUCATIONAL,
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LITERARY, POLITICAL, OR SCIENTIFIC VALUE FOR MINORS.
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(E)
“INTERNET–CONNECTED DEVICE” MEANS A PHYSICAL OBJECT THAT:
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(1)
IS CAPABLE OF CONNECTING TO AND IS IN REGULAR CONNECTION
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WITH THE INTERNET; AND
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(2)
HAS COMPUTER PROCESSING CAPABILITIES THAT CAN COLLECT,
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SEND, OR RECEIVE DATA.
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(F)
(1)
“PERSONAL DATA” MEANS DATA THAT IS ASSOCIATED WITH A
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SPECIFIC INDIVIDUAL.
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(2)
“PERSONAL DATA” INCLUDES:
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(I)
RECORDS OF DATA USAGE OR ONLINE ACTIVITY;
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(II)
BROWSING HISTORY; AND
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(III) OTHER RECORDS THAT TRACK THE ACTIVITY OF A SPECIFIC
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INDIVIDUAL.
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4
SENATE BILL 780
(G)
“QUALIFYING
AGE
VERIFICATION
PROCEDURE”
MEANS
AGE
1
VERIFICATION THAT IS ACCOMPLISHED THROUGH THE USE OF A REPUTABLE
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INDEPENDENT THIRD PARTY THAT IS IN THE BUSINESS OF VERIFYING AN
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INDIVIDUAL’S PERSONALLY IDENTIFIABLE INFORMATION.
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14–4602.
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EXCEPT AS PROVIDED IN § 14–4603 OF THIS SUBTITLE, A PERSON MAY NOT
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SELL AN INTERNET–CONNECTED DEVICE INTENDED FOR MINORS IN THE STATE.
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14–4603.
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(A)
A PERSON MAY SELL AN INTERNET–CONNECTED DEVICE INTENDED FOR
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MINORS IF:
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(1)
THE INTERNET–CONNECTED DEVICE IS SOLD WITH:
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(I)
AN ACTIVATED FILTER THAT BLOCKS CONTENT THAT IS
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HARMFUL TO MINORS; AND
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(II)
ACTIVATED, CONFIGURABLE PRIVACY SETTINGS THAT ARE
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THE MOST PROTECTIVE AVAILABLE AGAINST THE COLLECTION OF A USER’S
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INFORMATION; AND
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(2)
THE INTERNET–CONNECTED DEVICE DOES NOT:
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(I)
DISPLAY ADVERTISEMENTS TARGETED AT MINORS BASED
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ON CONCLUSIONS DRAWN FROM PERSONAL DATA; OR
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(II)
COLLECT, USE, OR SHARE THE USER’S PERSONAL DATA
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BEYOND WHAT IS NECESSARY TO PROVIDE THE CORE FUNCTIONS OF THE DEVICE.
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(B)
A FILTER REQUIRED UNDER SUBSECTION (A) OF THIS SECTION:
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(1)
MAY BE DISABLED ONLY BY AN INDIVIDUAL:
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(I)
WHO IS AT LEAST 18 YEARS OLD; AND
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(II)
WHOSE AGE IS VERIFIED THROUGH A QUALIFYING AGE
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VERIFICATION PROCEDURE; AND
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SENATE BILL 780
5
(2)
SHALL BE PROVIDED ACCOMPANIED BY CLEAR INSTRUCTIONS
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REGARDING HOW AN INDIVIDUAL UNDER ITEM (1) OF THIS SUBSECTION MAY
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DISABLE THE FILTER.
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(C)
THE
CONFIGURABLE
PRIVACY
SETTINGS
REQUIRED
UNDER
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SUBSECTION (A)(1)(II) OF THIS SECTION MAY BE CONFIGURED ONLY BY AN
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INDIVIDUAL:
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(1)
WHO IS AT LEAST 18 YEARS OLD; AND
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(2)
WHOSE
AGE
IS
VERIFIED
THROUGH
A
QUALIFYING
AGE
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VERIFICATION PROCEDURE.
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14–4604.
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A VIOLATION OF THIS SUBTITLE IS:
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(1)
AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE PRACTICE UNDER
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TITLE 13 OF THIS ARTICLE; AND
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(2)
SUBJECT TO THE ENFORCEMENT AND PENALTY PROVISIONS
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CONTAINED IN TITLE 13 OF THIS ARTICLE.
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Article – Housing and Community Development
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6.5–106.
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(a)
(1)
In this section[,] THE FOLLOWING WORDS HAVE THE MEANINGS
18
INDICATED.
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(2)
“FILTER” MEANS SOFTWARE THAT:
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(I)
IS CAPABLE OF PREVENTING ACCESS TO OR THE DISPLAY OF
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OBSCENE MATERIAL ON ANY COMPUTER OR DEVICE CONNECTED TO THE INTERNET;
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AND
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(II)
MAY BE DISABLED BY THE END USER.
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(3)
“Fund” means the Digital Connectivity Fund.
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(4)
“OBSCENE” MEANS:
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6
SENATE BILL 780
(I)
THAT THE AVERAGE ADULT APPLYING CONTEMPORARY
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COMMUNITY STANDARDS WOULD FIND THAT THE WORK, TAKEN AS A WHOLE,
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APPEALS TO THE PRURIENT INTEREST;
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(II)
THAT THE WORK DEPICTS SEXUAL CONDUCT IN A WAY THAT
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IS PATENTLY OFFENSIVE TO PREVAILING STANDARDS IN THE ADULT COMMUNITY AS
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A WHOLE WITH RESPECT TO WHAT IS SUITABLE MATERIAL; AND
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(III) THAT THE WORK, TAKEN AS A WHOLE, LACKS SERIOUS
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ARTISTIC, EDUCATIONAL, LITERARY, POLITICAL, OR SCIENTIFIC VALUE.
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(b)
There is a Digital Connectivity Fund.
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(c)
The purpose of the Fund is to assist in the establishment and expansion of
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affordable broadband communication services in disconnected areas and communities in
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the State.
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(d)
(1)
The Office shall administer the Fund.
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(2)
The Office shall adopt application procedures for grants distributed
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from the Fund.
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(3)
The Office shall work with other offices within the Department and the
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Department of Commerce to adopt regulations specifying:
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(i)
procedures for applying for financial assistance; and
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(ii)
priorities for allocating, selecting, and distributing financial
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assistance from the Fund.
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(e)
(1)
The Fund is a continuing, nonlapsing special fund that is not subject to
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§ 7–302 of the State Finance and Procurement Article.
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(2)
The State Treasurer shall hold the Fund separately, and the
23
Comptroller shall account for the Fund.
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(f)
The Fund consists of:
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(1)
money appropriated by the State to the Fund;
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(2)
financial assistance provided to the State by the federal government for
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the Fund;
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(3)
interest earnings; and
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SENATE BILL 780
7
(4)
any other money from any other source accepted for the benefit of the
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Fund.
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(g)
The Fund may be used only to distribute competitive grants:
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(1)
for
planning,
construction,
and
maintenance
of
broadband
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communication services, equipment, and activities; and
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(2)
to provide financial assistance to local governments to expand
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high–speed Internet access in disconnected communities in the State.
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(h)
IN DISTRIBUTING GRANTS UNDER THIS SECTION, THE OFFICE SHALL
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GIVE PREFERENCE TO APPLICATIONS FOR GRANTS THAT INCLUDE THE USE OF
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BROADBAND PROVIDERS THAT IMPLEMENT THE USE OF FILTERS BY DEFAULT.
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(I)
(1)
The State Treasurer shall invest the money of the Fund in the same
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manner as other State money may be invested.
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(2)
Any interest earnings of the Fund shall be credited to the Fund.
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[(i)] (J)
Expenditures from the Fund may be made only in accordance with the
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State budget.
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6.5–107.
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(a)
(1)
IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
17
INDICATED.
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(2)
“FILTER” MEANS SOFTWARE THAT:
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(I)
IS CAPABLE OF PREVENTING ACCESS TO OR THE DISPLAY OF
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OBSCENE MATERIAL ON ANY COMPUTER OR DEVICE CONNECTED TO THE INTERNET;
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AND
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(II)
MAY BE DISABLED BY THE END USER.
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(3)
“FUND” MEANS THE RURAL BROADBAND ASSISTANCE FUND.
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(4)
“OBSCENE” MEANS:
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(I)
THAT THE AVERAGE ADULT APPLYING CONTEMPORARY
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COMMUNITY STANDARDS WOULD FIND THAT THE WORK, TAKEN AS A WHOLE,
27
APPEALS TO THE PRURIENT INTEREST;
28
8
SENATE BILL 780
(II)
THAT THE WORK DEPICTS SEXUAL CONDUCT IN A WAY THAT
1
IS PATENTLY OFFENSIVE TO PREVAILING STANDARDS IN THE ADULT COMMUNITY AS
2
A WHOLE WITH RESPECT TO WHAT IS SUITABLE MATERIAL; AND
3
(III) THAT THE WORK, TAKEN AS A WHOLE, LACKS SERIOUS
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ARTISTIC, EDUCATIONAL, LITERARY, POLITICAL, OR SCIENTIFIC VALUE.
5
(B)
There is a Rural Broadband Assistance Fund in the Department.
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[(b)] (C)
The purpose of the Fund is to assist in the establishment of broadband
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communication services in rural and underserved areas of the State.
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[(c)] (D)
The Office shall administer the Fund.
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[(d)] (E)
(1)
The Fund is a special, nonlapsing fund that is not subject to §
10
7–302 of the State Finance and Procurement Article.
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(2)
The Treasurer shall hold the Fund separately, and the Comptroller
12
shall account for the Fund.
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[(e)] (F)
The Fund consists of:
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(1)
money appropriated in the State budget to the Fund;
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(2)
money appropriated in the State budget to the Maryland Economic
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Development Assistance Fund under Title 5, Subtitle 3 of the Economic Development
17
Article for the purpose of assisting in the establishment of broadband communication
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services in rural and underserved areas of the State;
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(3)
federal money allocated or granted to the Fund;
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(4)
interest earnings; and
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(5)
any other money from any source accepted for the benefit of the Fund.
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[(f)] (G)
The Fund may be used only for planning, construction, and
23
maintenance of broadband communication services and equipment in rural and
24
underserved areas and related activities.
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(H)
IN DISTRIBUTING GRANTS UNDER THIS SECTION, THE OFFICE SHALL
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GIVE PREFERENCE TO APPLICATIONS FOR GRANTS THAT INCLUDE THE USE OF
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BROADBAND PROVIDERS THAT IMPLEMENT THE USE OF FILTERS BY DEFAULT.
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[(g)] (I)
(1)
The Treasurer shall invest the money in the Fund in the same
29
manner as other State money may be invested.
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SENATE BILL 780
9
(2)
Any interest earnings of the Fund shall be credited to the Fund.
1
[(h)] (J)
The Office shall make payments from the Fund within 30 days after
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notice of a decision of the Maryland Rural Broadband Coordination Board under §
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13–504(3) of the Economic Development Article.
4
Article – State Finance and Procurement
5
14–419.
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(A)
(1)
IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
7
INDICATED.
8
(2)
“FILTER” MEANS SOFTWARE THAT:
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(I)
IS CAPABLE OF PREVENTING ACCESS TO OR THE DISPLAY OF
10
OBSCENE MATERIAL ON ANY COMPUTER OR DEVICE CONNECTED TO THE INTERNET;
11
AND
12
(II)
MAY BE DISABLED BY THE END USER.
13
(3)
“INTERNET
SERVICE
PROVIDER”
MEANS
A
PERSON
THAT
14
PROVIDES SERVICES FOR ACCESSING, USING, OR PARTICIPATING IN THE INTERNET.
15
(4)
“OBSCENE” MEANS:
16
(I)
THAT THE AVERAGE ADULT APPLYING CONTEMPORARY
17
COMMUNITY STANDARDS WOULD FIND THAT THE WORK, TAKEN AS A WHOLE,
18
APPEALS TO THE PRURIENT INTEREST;
19
(II)
THAT THE WORK DEPICTS SEXUAL CONDUCT IN A WAY THAT
20
IS PATENTLY OFFENSIVE TO PREVAILING STANDARDS IN THE ADULT COMMUNITY AS
21
A WHOLE WITH RESPECT TO WHAT IS SUITABLE MATERIAL; AND
22
(III) THAT THE WORK, TAKEN AS A WHOLE, LACKS SERIOUS
23
ARTISTIC, EDUCATIONAL, LITERARY, POLITICAL, OR SCIENTIFIC VALUE.
24
(5)
“PREFERENCE” MEANS:
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(I)
A PERCENTAGE PRICE PREFERENCE; OR
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(II)
ANY OTHER PROVISION THAT FAVORS INTERNET SERVICE
27
PROVIDERS THAT IMPLEMENT THE USE OF FILTERS BY DEFAULT.
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10
SENATE BILL 780
(B)
BEGINNING OCTOBER 1, 2026, ALL STATE AGENCIES SHALL GIVE
1
PREFERENCE TO INTERNET SERVICE PROVIDERS THAT IMPLEMENT THE USE OF
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FILTERS BY DEFAULT.
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(C)
THE BOARD SHALL ADOPT REGULATIONS THAT REQUIRE STATE
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SCHOOLS AND FACILITIES TO ESTABLISH A PERCENTAGE PRICE PREFERENCE FOR
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INTERNET SERVICE PROVIDERS THAT IMPLEMENT THE USE OF FILTERS BY
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DEFAULT.
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(D)
THIS SECTION DOES NOT APPLY TO A CONTRACT OR PROCUREMENT
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AGREEMENT IN EFFECT ON OCTOBER 1, 2024.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
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October 1, 2024.
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