SB186ENGROSSED
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SB186
MSTZ31H-2
By Senator Chambliss
RFD: Children and Youth Health
First Read: 20-Feb-25
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First Read: 20-Feb-25
A BILL
TO BE ENTITLED
AN ACT
Relating to consumer protection; to require 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:
(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 June 1, 2025.
(3) FILTER. Generally accepted and commercially
reasonable software used on a device that is capable of
preventing the device from accessing or displaying obscene
material through Internet browsers or search engines owned and
controlled by the manufacturer in accordance with prevailing
industry standards, including blocking known websites linked
to obscene content, via mobile data networks, wired Internet
networks, and wireless Internet networks.
(4) INTERNET. The global information system that is
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(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 each 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
Armed Forces.
(7) OBSCENE MATERIAL. 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,
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(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. A mobile device that is equipped with a
mobile operating system, touchscreen display, and rechargeable
battery and that has the ability to support access to a
cellular network.
(13) VIDEO GAME CONSOLE. A discrete computing system,
including the system's components and peripherals, primarily
used for playing video games, but does not include a
smartphone or tablet.
Section 2. Devices activated in this state must meet
all of the following requirements:
(1) Contain a filter.
(2) Ask the user to provide the user's age during
activation and account set-up.
(3) Automatically enable the filter when the user is a
minor based on the age provided under subdivision (2).
(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) Allow a non-minor who has a password the
opportunity to deactivate and reactivate the filter.
Section 3. (a) A manufacturer of a device shall be
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Section 3. (a) A manufacturer of a device shall be
subject to civil liability if all of the following occur:
(1) A 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 obscene material 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 does any of the following:
(1) Applies to a device manufactured before June 1,
2025.
(2) Applies to a video game console.
(3) Creates a cause of action against a retailer of a
device.
Section 4. With the exception of a minor's parent or
legal guardian, a person may be liable in a civil action for
intentionally enabling the password to remove or deactivate
the filter on a device in the possession of the minor if the
minor accesses obscene material on the device.
Section 5. (a) Whenever the Attorney General has reason
to believe that a person has 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
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(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 if, after the manufacturer is found to
have violated this act, the manufacturer demonstrates a
repeated pattern of violations of this act.
(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
June 1, 2025, which violates Section 2.
Section 6. (a) Any parent or legal guardian of a minor
who accesses obscene content in violation of Section 3 may
bring a private cause of action in any court of competent
jurisdiction against a manufacturer who failed to comply with
Section 2.
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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 June 1,
2025.
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2025.
Senate
Read for the first time and referred
to the Senate committee on Children
and Youth Health
................20-Feb-25
Read for the second time and placed
on the calendar:
0 amendments
................27-Feb-25
Read for the third time and passed
as amended
Yeas 28
Nays 5
Abstains 0
................17-Apr-25
Patrick Harris,
Secretary.
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