Text of MO SB 1084 (2024)

SECOND REGULAR SESSION SENATE BILL NO. 1084 102ND GENERAL ASSEMBLY INTRODUCED BY SENATOR BRATTIN. 3939S.01I KRISTINA MARTIN, Secretary AN ACT To amend chapter 407, RSMo, by adding thereto one new section relating to obscene websites. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Chapter 407, RSMo, is amended by adding thereto 1 one new section, to be known as section 407.1600, to read as 2 follows: 3 407.1600. 1. This section shall be known and may be 1 cited as the "Protect Young Minds Online Act". 2 2. For the purposes of this section, the following 3 terms shall mean: 4 (1) "Internet service provider", a business or a 5 person engaged in the business of providing access to the 6 internet with the intent of making a profit; 7 (2) "Obscene", material or internet content which is 8 or contains child pornography, explicit sexual material, 9 sadomasochistic abuse, sexual conduct, sexually explicit 10 conduct, or sexual performance as those terms are defined in 11 section 573.010. "Obscene" shall also have the same meaning 12 as used in section 573.010; 13 (3) "Subscriber", a person that has entered into an 14 agreement with an internet service provider to gain access 15 to the internet, including wirelessly, for residential 16 access. 17 3. An internet service provider, when entering into an 18 agreement with subscribers residing in Missouri, shall offer 19 SB 1084 2 subscribers the ability to filter obscene websites as set 20 forth in subsection 4 of this section. Opting in or out of 21 such filtering system shall be a prerequisite to receiving 22 internet service for new subscribers of internet service 23 providers. Additionally, on an annual basis, such 24 subscribers shall be given the opportunity to opt-out or opt- 25 in to the filtering system. In a communication with its 26 subscribers, an internet service provider shall give 27 subscribers the option to check a "yes" box signifying that 28 the subscriber wants to have access to the filtering system 29 for the next year or the option to check a "no" box 30 signifying that the subscriber does not want to have access 31 to the filtering system for the next year. 32 4. The internet service provider shall use a filtering 33 system, and such system may be operated by an independent 34 third party, that meets current industry standards of 35 website filtering as the method of redirecting obscene 36 websites for adult access only, and this system shall also 37 stay updated according to current industry standards in 38 order to maintain the current listing of websites deemed 39 obscene as defined in subsection 2 of this section. The 40 system shall also include the ability to update or correct 41 mischaracterized websites. 42 5. An internet service provider shall not be deemed to 43 be in violation of this section if the provider makes a good 44 faith effort to apply a generally accepted and commercially 45 reasonable method of compliance in accordance with 46 subsection 4 of this section. 47 6. The attorney general may seek injunctive and other 48 equitable relief against an internet service provider that 49 fails to comply with the provisions of this section. 50 