HB318INTRODUCED
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HB318
KHPBCAA-1
By Representatives Sells, Mooney, Stadthagen, Bracy
RFD: Judiciary
First Read: 20-Feb-25
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5 KHPBCAA-1 02/19/2025 CMH (L)bm 2025-673
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First Read: 20-Feb-25
SYNOPSIS:
This bill would require manufacturers of certain
Internet-enabled devices, including smartphones and
tablets, to require that devices manufactured on or
after January 1, 2027, contain a filter that is enabled
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
have the following meanings:
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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, 2027.
(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 owned
and controlled by the manufacturer 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 or
holds the patents for the operating system on a device.
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
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not emancipated, married, or a member of the United States
Armed Forces.
(7) OBSCENITY. A visual depiction of sexually explicit
conduct, as defined under Section 13A-12-190, Code of Alabama
1975.
(8) OPERATING SYSTEM. Software that manages all of the
other application programs on a device.
(9) PASSWORD. A string of characters or other secure
method used to enable, deactivate, modify, or uninstall a
filter on a device.
(10) RETAILER. A person, other than a manufacturer,
that sells a device directly to consumers. The term includes
an employee of a retailer acting in the course and scope of
the employee's employment.
(11) 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.
(12) TABLET. An Internet-ready device equipped with an
operating system, touchscreen display, and rechargeable
battery in a single, thin, flat package.
Section 2. Beginning on January 1, 2027, 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.
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(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, 2027, a
manufacturer of a device shall be subject to civil 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 filter on the device that
complies with the requirements of Section 2.
(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
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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
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, 2027, which 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
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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
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, 2027.
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