Text of UT SB 104 (2024)

S.B. 104 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: S. Elder 6 6 01-15-24 5:24 PM 6 S.B. 104 1 CHILDREN'S DEVICE PROTECTION ACT 2 2024 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Todd D. Weiler 5 House Sponsor: ____________ 6 7 LONG TITLE 8 General Description: 9 This bill enacts the Children's Device Protection Act. 10 Highlighted Provisions: 11 This bill: 12 < defines terms; 13 < requires a tablet or a smartphone (a device) manufactured on or after January 1, 14 2025, to automatically enable a filter upon device activation by a minor; 15 < requires the filter enabled for minors at activation to: 16 C prevent a minor user of the device from accessing material that is obscene; and 17 C allow adult users and parents or legal guardians to deactivate and re-activate the 18 filter with a password; 19 < permits the attorney general to bring civil actions against manufacturers of devices 20 that do not comply with this bill; 21 < permits private civil actions by parents and guardians of minors against 22 manufacturers and others who violate provisions of this bill; and 23 < makes it a criminal offense for any person, with the exception of a parent or legal 24 guardian, to enable the removal of the filter on a device in the possession of a 25 minor. 26 Money Appropriated in this Bill: 27 None *SB0104* S.B. 104 01-15-24 5:24 PM - 2 - 28 Other Special Clauses: 29 This bill provides a special effective date. 30 Utah Code Sections Affected: 31 AMENDS: 32 63I-2-278, as last amended by Laws of Utah 2023, Chapters 33, 250 33 ENACTS: 34 76-10-1238, Utah Code Annotated 1953 35 78B-6-2601, Utah Code Annotated 1953 36 78B-6-2602, Utah Code Annotated 1953 37 78B-6-2603, Utah Code Annotated 1953 38 78B-6-2604, Utah Code Annotated 1953 39 78B-6-2605, Utah Code Annotated 1953 40 78B-6-2606, Utah Code Annotated 1953 41 REPEALS: 42 78B-6-2202 (Contingently Effective), as enacted by Laws of Utah 2021, Chapter 416 43 and further amended by Revisor Instructions, Laws of Utah 2021, Chapter 416 44 78B-6-2203 (Contingently Effective), as enacted by Laws of Utah 2021, Chapter 416 45 and further amended by Revisor Instructions, Laws of Utah 2021, Chapter 416 46 78B-6-2204 (Contingently Effective), as enacted by Laws of Utah 2021, Chapter 416 47 and further amended by Revisor Instructions, Laws of Utah 2021, Chapter 416 48 78B-6-2205 (Contingently Effective), as enacted by Laws of Utah 2021, Chapter 416 49 and further amended by Revisor Instructions, Laws of Utah 2021, Chapter 416 50 78B-6-2206 (Contingently Effective), as enacted by Laws of Utah 2021, Chapter 416 51 and further amended by Revisor Instructions, Laws of Utah 2021, Chapter 416 52 53 Be it enacted by the Legislature of the state of Utah: 54 Section 1. Section 63I-2-278 is amended to read: 55 63I-2-278. Repeal dates: Title 78A and Title 78B. 56 (1) Section 78A-2-804 is repealed on July 1, 2024. 57 (2) Title 78A, Chapter 10, Judicial Selection Act, is repealed on July 1, 2023. 58 [(3) If Title 78B, Chapter 6, Part 22, Cause of Action to Protect Minors from 01-15-24 5:24 PM S.B. 104 - 3 - 59 Unfiltered Devices, is not in effect before January 1, 2031, Title 78B, Chapter 6, Part 22, Cause 60 of Action to Protect Minors from Unfiltered Devices, is repealed January 1, 2031.] 61 [(4)] (3) Sections 78B-12-301 and 78B-12-302 are repealed on January 1, 2025. 62 Section 2. Section 76-10-1238 is enacted to read: 63 76-10-1238. Deactivation of a device filter. 64 (1) (a) An individual, other than the parent or legal guardian of the minor in possession 65 of a device, who disables the filter required under Section 78B-6-2203 on a device in 66 possession of a minor commits a class A misdemeanor. 67 (b) For each offense, the violator is subject to fines up to $5,000. 68 (2) Any person who has a prior conviction under this section, is guilty of a felony of 69 the third degree and shall, for each separate offense, be fined up to $50,000 and may be 70 imprisoned for up to one year. 71 Section 3. Section 78B-6-2601 is enacted to read: 72 Part 26. Children's Device Protection Act 73 78B-6-2601. Definitions. 74 As used in this part: 75 (1) "Activate" means the process of powering on a device and associating the device 76 with a new user account. 77 (2) "Device" means a tablet or a smart phone sold in Utah and manufactured on or after 78 January 1, 2025. 79 (3) "Filter" means software installed on a device that is capable of preventing the 80 device from accessing or displaying obscene material through Internet browsers or search 81 engines via mobile data networks, wired Internet networks, and wireless Internet networks. 82 (4) "Internet" means the same as that term is defined in Section 13-40-102. 83 (5) "Manufacturer" means a person that: 84 (a) is engaged in the business of manufacturing a device; 85 (b) holds the patents for the device the person manufactures; and 86 (c) has a commercial registered agent as that term is defined in Section 16-17-102. 87 (6) "Minor" means an individual under the age of 18 who is not emancipated, married, 88 or a member of the armed forces of the United States. 89 (7) "Obscenity" means the same as that term is defined in Section 32B-1-504. S.B. 104 01-15-24 5:24 PM - 4 - 90 (8) "Password" means a string of characters or other secure method used to enable, 91 deactivate, modify, or uninstall a filter on a device. 92 (9) "Smart phone" means the same as that term is defined in Section 63A-2-101.5. 93 (10) "Tablet" means a mobile device that: 94 (a) is equipped with a mobile operating system, touchscreen display, and rechargeable 95 battery; and 96 (b) has the ability to support access to a cellular network 97 Section 4. Section 78B-6-2602 is enacted to read: 98 78B-6-2602. Filter required. 99 All devices activated in the state shall: 100 (1) contain a filter; 101 (2) determine the age of a user during activation and account set-up; 102 (3) automatically activate the filter when the user is a minor based on the determination 103 in Subsection (2); 104 (4) notify the user of the device when the filter blocks the device from accessing a 105 website; and 106 (5) allow a non-minor user that has a password the option to deactivate and re-activate 107 the filter. 108 Section 5. Section 78B-6-2603 is enacted to read: 109 78B-6-2603. Manufacturer liability. 110 (1) A manufacturer of a device is subject to civil liability if: 111 (a) a device is activated in the state; 112 (b) the device does not, upon activation in the state, enable a filter that complies with 113 the requirements described in Section 78B-6-2203; and 114 (c) the minor accesses material that is obscene on the device. 115 (2) Notwithstanding Subsection (1), this section does not apply to a manufacturer that 116 makes a good faith effort to provide a device that, upon activation of the device in the state, 117 automatically enables a generally accepted and commercially reasonable filter that blocks 118 obscene content on all Internet browsers or search engines accessed on the device in 119 accordance with this section. 120 Section 6. Section 78B-6-2604 is enacted to read: 01-15-24 5:24 PM S.B. 104 - 5 - 121 78B-6-2604. Individual liability. 122 With the exception of a minor's parent or legal guardian, a person may be liable in a 123 civil and criminal action for enabling the password to remove the filter on a device in the 124 possession of a minor if the minor accesses content that is obscene on the device. 125 Section 7. Section 78B-6-2605 is enacted to read: 126 78B-6-2605. Proceedings by the attorney general. 127 (1) The attorney general may bring an action in court against a person for a violation of 128 this chapter: 129 (a) to enjoin any action that constitutes a violation of this chapter by the issuance of a 130 temporary restraining order or preliminary or permanent injunction; 131 (b) to recover from a violator a civil penalty not to exceed $5,000 per violation, and not 132 to exceed a total of $50,000 in aggregate, as determined by the court; 133 (c) to recover from a violator the attorney general's reasonable expenses, investigative 134 costs, and attorney fees; and 135 (d) to obtain other appropriate relief as provided for under this chapter. 136 (2) The attorney general may seek the revocation of any license or certificate 137 authorizing a manufacturer to engage in business in this state. 138 (3) For purposes of assessing a penalty under this section, a manufacturer is considered 139 to have committed a separate violation for each device manufactured on or after January 1, 140 2025, that violates the provisions of Section 78B-6-2203. 141 Section 8. Section 78B-6-2606 is enacted to read: 142 78B-6-2606. Civil action by parent or legal guardian. 143 (1) A parent or legal guardian of a minor that accesses obscene content on a device as a 144 result of a manufacturer's failure to comply with of Section 78B-2-2203 may bring a private 145 cause of action in court against the manufacturer. 146 (2) A person bringing an action under Subsection (1) may recover: 147 (a) (i) actual damages; or 148 (ii) where actual damages are difficult to ascertain due to the nature of the injury, 149 $50,000 for each violation; 150 (b) if a violation is found to be knowing and willful, punitive damages in an amount 151 determined by the court; S.B. 104 01-15-24 5:24 PM - 6 - 152 (c) nominal damages; 153 (d) attorney fees; and 154 (e) such other relief as the court deems appropriate, including court costs and expenses. 155 (3) Nothing herein shall preclude the bringing of a class action lawsuit against a 156 manufacturer where its conduct in violation of Section 78B-2-2203 is knowing and willful. 157 (4) A parent or legal guardian of a minor may bring an action in against any person 158 who is not the parent or legal guardian of the child and who disables the filter from a device in 159 the possession of the child which results in the minor's exposure to obscene content. 160 (5) A person bringing an action under Subsection (4) may recover: 161 (a) (i) actual damages; or 162 (ii) where actual damages are difficult to ascertain due to the nature of the injury, 163 $1,000 for each violation; and 164 (b) such other relief as the court deems appropriate. 165 Section 9. Repealer. 166 This bill repeals: 167 Section 78B-6-2202 (Contingently Effective), Definitions. 168 Section 78B-6-2203 (Contingently Effective), Filter required. 169 Section 78B-6-2204 (Contingently Effective), Liability. 170 Section 78B-6-2205 (Contingently Effective), Damages -- Class action. 171 Section 78B-6-2206 (Contingently Effective), Civil action for enforcement -- 172 Penalties. 173 Section 10. Effective date. 174 (1) Except as provided in Subsection (2), this bill takes effect on January 1, 2025. 175 (2) The actions affecting section 63I-2-278 (Effective 05/01/24) take effect on May 1, 176 2024.