Arizona 2024 Regular Session

Arizona House Bill HB2661 Compare Versions

OldNewDifferences
1-House Engrossed electronic devices; filters; obscene material State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 HOUSE BILL 2661 An Act amending title 44, Arizona Revised Statutes, by adding chapter 29; relating to personal electronic devices. (TEXT OF BILL BEGINS ON NEXT PAGE)
1+REFERENCE TITLE: electronic devices; filters; obscene material State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 HB 2661 Introduced by Representatives Toma: Bliss, Dunn, Grantham An Act amending title 44, Arizona Revised Statutes, by adding chapter 29; relating to personal electronic devices. (TEXT OF BILL BEGINS ON NEXT PAGE)
22
33
44
55
66
77
88
9-House Engrossed electronic devices; filters; obscene material
9+REFERENCE TITLE: electronic devices; filters; obscene material
1010 State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
11-HOUSE BILL 2661
11+HB 2661
12+Introduced by Representatives Toma: Bliss, Dunn, Grantham
1213
13-House Engrossed
14-
15-
16-
17-electronic devices; filters; obscene material
14+REFERENCE TITLE: electronic devices; filters; obscene material
1815
1916
2017
2118
2219
2320
2421
2522
2623
2724 State of Arizona
2825
2926 House of Representatives
3027
3128 Fifty-sixth Legislature
3229
3330 Second Regular Session
3431
3532 2024
3633
3734
3835
3936
4037
4138
4239
43-HOUSE BILL 2661
40+HB 2661
41+
42+
43+
44+Introduced by
45+
46+Representatives Toma: Bliss, Dunn, Grantham
47+
48+
49+
50+
51+
52+
53+
54+
4455
4556
4657
4758
4859
4960
5061
5162
5263
5364 An Act
5465
5566
5667
5768 amending title 44, Arizona Revised Statutes, by adding chapter 29; relating to personal electronic devices.
5869
5970
6071
6172
6273
6374 (TEXT OF BILL BEGINS ON NEXT PAGE)
6475
6576
6677
67- Be it enacted by the Legislature of the State of Arizona: Section 1. Title 44, Arizona Revised Statutes, is amended by adding chapter 29, to read: CHAPTER 29 PERSONAL ELECTRONIC DEVICES ARTICLE 1. GENERAL PROVISIONS START_STATUTE44-7201. Definitions In this chapter, unless the context otherwise requires: 1. "Activate" means the process of powering on a device and associating it with a new user account. 2. "Device" means a tablet or a smartphone that is manufactured on or after JANUARY 1, 2026. 3. "Filter" means generally accepted and commercially reasonable software used on a device and that is capable of preventing the device from accessing or displaying obscene material through Internet browsers and search engines owned and controlled by the manufacturer in accordance with prevailing industry standards via mobile data networks, wired internet networks and wireless internet networks. 4. "Internet" means the global information system that is logically linked together by a globally unique address space based on the internet protocol, or its subsequent extensions, that is able to support communications using the transmission control protocol or internet protocol suite, or its subsequent extensions, or other Internet protocol-compatible protocols, and that provides, uses or makes accessible, either publicly or privately, high-level services layered on communications and related infrastructure. 5. "Manufacturer" means a person to whom all of the following apply: (a) Is engaged in the business of manufacturing a device. (b) EITHER: (i) Holds the patents for the device IT manufactures. (ii) Holds the patents for the operating system on a device. (c) has a statutory agent that is designated with the corporation commission pursuant to title 10 or 29. 6. "Minor" means an individual who is under eighteen years of age and who is not emancipated, married or a member of the United States armed forces. 7. "Obscene material" means material that: (a) The average person applying contemporary community standards would find, taken as a whole, appeals to the prurient interest. (b) the average person applying contemporary community standards would find has patently offensive representations or descriptions of either: (i) Ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse or sodomy. (ii) masturbation, excretory functions, sadomasochistic abuse or lewd exhibition of the genitals. (c) taken as a whole, a reasonable person would find lacks serious literary, educational, artistic, political or scientific value. 8. "Operating system" means software that manages all of the other application programs on a device. 9. "Password" means a string of characters or another secure method that is used to enable, deactivate, modify or uninstall a filter on a device. 10. "SmartPhone" means an electronic device that combines a cellular telephone with a handheld computer and that typically offers internet access through a browser or search engine, data storage, text and email capabilities. 11. "Tablet" means an internet-ready device that is equipped with an operating system, touchscreen display and rechargeable battery and that has the ability to support access to a cellular network. END_STATUTE START_STATUTE44-7202. Filter required Beginning January 1, 2026, a device that is activated in this state must do all of the following: 1. Contain a filter. 2. Ask the user to input the user's age during activation and account setup. 3. Automatically enable the filter when the age provided by the user as described in paragraph 2 of this section indicates that the user is a minor. 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. Provide an opportunity to deactivate or reactivate the filter by using a password. END_STATUTE START_STATUTE44-7203. Manufacturer liability A. Beginning January 1, 2026, a manufacturer is subject to civil and criminal liability if all of the following apply: 1. the device is activated in this state. 2. On activation, the device does not enable a filter that complies with Section 44-7202. 3. A minor accesses obscene material that is on the device. B. For the purposes of assessing a penalty under section 44-7205, a manufacturer is considered to have committed a separate violation for each device that is manufactured on or after January 1, 2026. C. This section does not apply to a manufacturer that makes a good faith effort to provide a device that, on activation of the device in this state, automatically enables a filter in accordance with section 44-7202. D. This chapter does not create a cause of action against the retailer of a device including an employee of a retailer acting in the course and scope of the employee's employment. END_STATUTE START_STATUTE44-7204. Individual liability; applicability A. A person who is at least eighteen years of age is subject to civil liability for intentionally enabling a password to remove a filter on a device that is in the possession of a minor if the minor accesses obscene material that is on the device. B. this section does not apply to the minor's parent or legal guardian. END_STATUTE START_STATUTE44-7205. Enforcement; attorney general A. If the attorney general has reason to believe that a person who is at least eighteen years of age has violated or is violating this chapter, the attorney general, acting in the public interest, may bring an action in the name of this state against the person to do any of the following: 1. Enjoin any action that constitutes a violation of this chapter by issuing a temporary restraining order or preliminary or permanent injunction. 2. Recover a civil penalty of not more than $5,000 per violation, not to exceed a total of $50,000. 3. Recover the attorney general's reasonable expenses, investigative costs and attorney fees. 4. Obtain other appropriate relief as provided for under this chapter. B. The attorney general may issue subpoenas to any person and conduct hearings in any investigation or inquiry related to a possible violation of this chapter. C. The attorney general may seek the revocation of any license or certificate authorizing a manufacturer to engage in business in this state. END_STATUTE START_STATUTE44-7206. Civil action; parent or legal guardian; relief A. A parent or legal guardian of a minor who accesses obscene material that is in violation of Section 44-7202 may bring a private cause of action in any court of competent jurisdiction against: 1. A manufacturer that fails to comply with Section 44-7202. 2. A person who is at least eighteen years of age who is not a parent or legal guardian of the minor and who disables a filter from a device in the minor's possession that results in the minor's exposure to obscene material. B. The parent or legal guardian of a minor who brings an action under this section may recover: 1. Actual damages or, in the court's discretion where actual damages are difficult to ascertain due to the nature of the injury, liquidated damages in the amount of $50,000 for each violation. 2. Punitive damages in an amount determined by the court, if the court finds the violation is knowing and wilful. 3. Nominal damages. 4. Any other relief the court deems appropriate, including court costs and expenses. 5. Attorney fees. C. This section does not preclude a class action lawsuit against a manufacturer that knowingly and wilfully violates Section 44-7202. END_STATUTE START_STATUTE44-7207. Unlawful filter removal; violation; classification; penalty A. Except for the minor's parent or legal guardian, it is unlawful for a person who is at least eighteen years of age to intentionally disable the filter on a device in the possession of a minor. B. A person who violates this section is subject to a fine of not more than $5,000, except that for a second or subsequent violation of this section the person is: 1. Subject to a fine of not more than $50,000. 2. Subject to incarceration for up to one year. END_STATUTE
78+ Be it enacted by the Legislature of the State of Arizona: Section 1. Title 44, Arizona Revised Statutes, is amended by adding chapter 29, to read: CHAPTER 29 PERSONAL ELECTRONIC DEVICES ARTICLE 1. GENERAL PROVISIONS START_STATUTE44-7201. Definitions In this chapter, unless the context otherwise requires: 1. "Activate" means the process of powering on a device and associating it with a new user account. 2. "Device" means a tablet or a smartphone that is manufactured on or after JANUARY 1, 2026. 3. "Filter" means software that is installed on a device and that is capable of preventing the device from accessing or displaying obscene material through Internet browsers or search engines via mobile data networks, wired internet networks and wireless internet networks. 4. "Internet" means the global information system that is logically linked together by a globally unique address space based on the internet protocol, or its subsequent extensions, that is able to support communications using the transmission control protocol or internet protocol suite, or its subsequent extensions, or other Internet protocol-compatible protocols, and that provides, uses or makes accessible, either publicly or privately, high-level services layered on communications and related infrastructure. 5. "Manufacturer" means a person to whom all of the following apply: (a) Is engaged in the business of manufacturing a device. (b) Holds the patents for the device it manufactures. (c) has a statutory agent that is designated with the corporation commission pursuant to title 10 or 29. 6. "Minor" means an individual who is under eighteen years of age and who is not emancipated, married or a member of the United States armed forces. 7. "Obscene material" means material that: (a) The average person applying contemporary community standards would find, taken as a whole, appeals to the prurient interest. (b) the average person applying contemporary community standards would find has patently offensive representations or descriptions of either: (i) Ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse or sodomy. (ii) masturbation, excretory functions, sadomasochistic abuse or lewd exhibition of the genitals. (c) taken as a whole, a reasonable person would find lacks serious literary, educational, artistic, political or scientific value. 8. "Password" means a string of characters or another secure method that is used to enable, deactivate, modify or uninstall a filter on a device. 9. "SmartPhone" means an electronic device that combines a cellular telephone with a handheld computer and that typically offers internet access through a browser or search engine, data storage, text and email capabilities. 10. "Tablet" means an internet-ready device that is equipped with an operating system, touchscreen display and rechargeable battery and that has the ability to support access to a cellular network. END_STATUTE START_STATUTE44-7202. Filter required Beginning January 1, 2026, a device that is activated in this state must do all of the following: 1. Contain a filter. 2. Determine the age of the user during activation and account setup. 3. Set the filter to "on" for minor users. 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. Provide an opportunity to deactivate or reactivate the filter by using a password. END_STATUTE START_STATUTE44-7203. Manufacturer liability A. Beginning January 1, 2026, a manufacturer is subject to civil and criminal liability if all of the following apply: 1. the device is activated in this state. 2. On activation, the device does not enable a filter that complies with Section 44-7202. 3. A minor accesses obscene material that is on the device. B. For the purposes of assessing a penalty under section 44-7205, a manufacturer is considered to have committed a separate violation for each device that is manufactured on or after January 1, 2026. C. This section does not apply to a manufacturer that makes a good faith effort to provide a device that, on activation of the device in this state, automatically enables a generally accepted and commercially reasonable filter that blocks obscene material on all internet browsers or search engines that are accessed on the device in accordance with this section. D. This chapter does not create a cause of action against the retailer of a device. END_STATUTE START_STATUTE44-7204. Individual liability; applicability A. A person who is at least eighteen years of age is subject to civil liability for enabling a password to remove a filter on a device that is in the possession of a minor if the minor accesses obscene material that is on the device. B. this section does not apply to the minor's parent or legal guardian. END_STATUTE START_STATUTE44-7205. Enforcement; attorney general A. If the attorney general has reason to believe that a person who is at least eighteen years of age has violated or is violating this chapter, the attorney general, acting in the public interest, may bring an action in the name of this state against the person to do any of the following: 1. Enjoin any action that constitutes a violation of this chapter by issuing a temporary restraining order or preliminary or permanent injunction. 2. Recover a civil penalty of not more than $5,000 per violation, not to exceed a total of $50,000. 3. Recover the attorney general's reasonable expenses, investigative costs and attorney fees. 4. Obtain other appropriate relief as provided for under this chapter. B. The attorney general may issue subpoenas to any person and conduct hearings in any investigation or inquiry related to a possible violation of this chapter. C. The attorney general may seek the revocation of any license or certificate authorizing a manufacturer to engage in business in this state. END_STATUTE START_STATUTE44-7206. Civil action; parent or legal guardian; relief A. A parent or legal guardian of a minor who accesses obscene material that is in violation of Section 44-7202 may bring a private cause of action in any court of competent jurisdiction against: 1. A manufacturer that fails to comply with Section 44-7202. 2. A person who is at least eighteen years of age who is not a parent or legal guardian of the minor and who disables a filter from a device in the minor's possession that results in the minor's exposure to obscene material. B. The parent or legal guardian of a minor who brings an action under this section may recover: 1. Actual damages or, in the court's discretion where actual damages are difficult to ascertain due to the nature of the injury, liquidated damages in the amount of $50,000 for each violation. 2. Punitive damages in an amount determined by the court, if the court finds the violation is knowing and wilful. 3. Nominal damages. 4. Any other relief the court deems appropriate, including court costs and expenses. 5. Attorney fees. C. This section does not preclude a class action lawsuit against a manufacturer that knowingly and wilfully violates Section 44-7202. END_STATUTE START_STATUTE44-7207. Unlawful filter removal; violation; classification; penalty A. Except for the minor's parent or legal guardian, it is unlawful for a person who is at least eighteen years of age to disable the filter on a device in the possession of a minor. B. A person who violates this section is subject to a fine of not more than $5,000, except that for a second or subsequent violation of this section the person is: 1. Subject to a fine of not more than $50,000. 2. Subject to incarceration for up to one year. END_STATUTE
6879
6980 Be it enacted by the Legislature of the State of Arizona:
7081
7182 Section 1. Title 44, Arizona Revised Statutes, is amended by adding chapter 29, to read:
7283
7384 CHAPTER 29
7485
7586 PERSONAL ELECTRONIC DEVICES
7687
7788 ARTICLE 1. GENERAL PROVISIONS
7889
7990 START_STATUTE44-7201. Definitions
8091
8192 In this chapter, unless the context otherwise requires:
8293
8394 1. "Activate" means the process of powering on a device and associating it with a new user account.
8495
8596 2. "Device" means a tablet or a smartphone that is manufactured on or after JANUARY 1, 2026.
8697
87-3. "Filter" means generally accepted and commercially reasonable software used on a device and that is capable of preventing the device from accessing or displaying obscene material through Internet browsers and search engines owned and controlled by the manufacturer in accordance with prevailing industry standards via mobile data networks, wired internet networks and wireless internet networks.
98+3. "Filter" means software that is installed on a device and that is capable of preventing the device from accessing or displaying obscene material through Internet browsers or search engines via mobile data networks, wired internet networks and wireless internet networks.
8899
89100 4. "Internet" means the global information system that is logically linked together by a globally unique address space based on the internet protocol, or its subsequent extensions, that is able to support communications using the transmission control protocol or internet protocol suite, or its subsequent extensions, or other Internet protocol-compatible protocols, and that provides, uses or makes accessible, either publicly or privately, high-level services layered on communications and related infrastructure.
90101
91102 5. "Manufacturer" means a person to whom all of the following apply:
92103
93104 (a) Is engaged in the business of manufacturing a device.
94105
95-(b) EITHER:
96-
97-(i) Holds the patents for the device IT manufactures.
98-
99-(ii) Holds the patents for the operating system on a device.
106+(b) Holds the patents for the device it manufactures.
100107
101108 (c) has a statutory agent that is designated with the corporation commission pursuant to title 10 or 29.
102109
103110 6. "Minor" means an individual who is under eighteen years of age and who is not emancipated, married or a member of the United States armed forces.
104111
105112 7. "Obscene material" means material that:
106113
107114 (a) The average person applying contemporary community standards would find, taken as a whole, appeals to the prurient interest.
108115
109116 (b) the average person applying contemporary community standards would find has patently offensive representations or descriptions of either:
110117
111118 (i) Ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse or sodomy.
112119
113120 (ii) masturbation, excretory functions, sadomasochistic abuse or lewd exhibition of the genitals.
114121
115122 (c) taken as a whole, a reasonable person would find lacks serious literary, educational, artistic, political or scientific value.
116123
117-8. "Operating system" means software that manages all of the other application programs on a device.
124+8. "Password" means a string of characters or another secure method that is used to enable, deactivate, modify or uninstall a filter on a device.
118125
119-9. "Password" means a string of characters or another secure method that is used to enable, deactivate, modify or uninstall a filter on a device.
126+9. "SmartPhone" means an electronic device that combines a cellular telephone with a handheld computer and that typically offers internet access through a browser or search engine, data storage, text and email capabilities.
120127
121-10. "SmartPhone" means an electronic device that combines a cellular telephone with a handheld computer and that typically offers internet access through a browser or search engine, data storage, text and email capabilities.
122-
123-11. "Tablet" means an internet-ready device that is equipped with an operating system, touchscreen display and rechargeable battery and that has the ability to support access to a cellular network. END_STATUTE
128+10. "Tablet" means an internet-ready device that is equipped with an operating system, touchscreen display and rechargeable battery and that has the ability to support access to a cellular network. END_STATUTE
124129
125130 START_STATUTE44-7202. Filter required
126131
127132 Beginning January 1, 2026, a device that is activated in this state must do all of the following:
128133
129134 1. Contain a filter.
130135
131-2. Ask the user to input the user's age during activation and account setup.
136+2. Determine the age of the user during activation and account setup.
132137
133-3. Automatically enable the filter when the age provided by the user as described in paragraph 2 of this section indicates that the user is a minor.
138+3. Set the filter to "on" for minor users.
134139
135140 4. Allow a password to be established for the filter.
136141
137142 5. notify the user of the device when the filter blocks the device from accessing a website.
138143
139144 6. Provide an opportunity to deactivate or reactivate the filter by using a password. END_STATUTE
140145
141146 START_STATUTE44-7203. Manufacturer liability
142147
143148 A. Beginning January 1, 2026, a manufacturer is subject to civil and criminal liability if all of the following apply:
144149
145150 1. the device is activated in this state.
146151
147152 2. On activation, the device does not enable a filter that complies with Section 44-7202.
148153
149154 3. A minor accesses obscene material that is on the device.
150155
151156 B. For the purposes of assessing a penalty under section 44-7205, a manufacturer is considered to have committed a separate violation for each device that is manufactured on or after January 1, 2026.
152157
153-C. This section does not apply to a manufacturer that makes a good faith effort to provide a device that, on activation of the device in this state, automatically enables a filter in accordance with section 44-7202.
158+C. This section does not apply to a manufacturer that makes a good faith effort to provide a device that, on activation of the device in this state, automatically enables a generally accepted and commercially reasonable filter that blocks obscene material on all internet browsers or search engines that are accessed on the device in accordance with this section.
154159
155-D. This chapter does not create a cause of action against the retailer of a device including an employee of a retailer acting in the course and scope of the employee's employment. END_STATUTE
160+D. This chapter does not create a cause of action against the retailer of a device. END_STATUTE
156161
157162 START_STATUTE44-7204. Individual liability; applicability
158163
159-A. A person who is at least eighteen years of age is subject to civil liability for intentionally enabling a password to remove a filter on a device that is in the possession of a minor if the minor accesses obscene material that is on the device.
164+A. A person who is at least eighteen years of age is subject to civil liability for enabling a password to remove a filter on a device that is in the possession of a minor if the minor accesses obscene material that is on the device.
160165
161166 B. this section does not apply to the minor's parent or legal guardian. END_STATUTE
162167
163168 START_STATUTE44-7205. Enforcement; attorney general
164169
165170 A. If the attorney general has reason to believe that a person who is at least eighteen years of age has violated or is violating this chapter, the attorney general, acting in the public interest, may bring an action in the name of this state against the person to do any of the following:
166171
167172 1. Enjoin any action that constitutes a violation of this chapter by issuing a temporary restraining order or preliminary or permanent injunction.
168173
169174 2. Recover a civil penalty of not more than $5,000 per violation, not to exceed a total of $50,000.
170175
171176 3. Recover the attorney general's reasonable expenses, investigative costs and attorney fees.
172177
173178 4. Obtain other appropriate relief as provided for under this chapter.
174179
175180 B. The attorney general may issue subpoenas to any person and conduct hearings in any investigation or inquiry related to a possible violation of this chapter.
176181
177182 C. The attorney general may seek the revocation of any license or certificate authorizing a manufacturer to engage in business in this state. END_STATUTE
178183
179184 START_STATUTE44-7206. Civil action; parent or legal guardian; relief
180185
181186 A. A parent or legal guardian of a minor who accesses obscene material that is in violation of Section 44-7202 may bring a private cause of action in any court of competent jurisdiction against:
182187
183188 1. A manufacturer that fails to comply with Section 44-7202.
184189
185190 2. A person who is at least eighteen years of age who is not a parent or legal guardian of the minor and who disables a filter from a device in the minor's possession that results in the minor's exposure to obscene material.
186191
187192 B. The parent or legal guardian of a minor who brings an action under this section may recover:
188193
189194 1. Actual damages or, in the court's discretion where actual damages are difficult to ascertain due to the nature of the injury, liquidated damages in the amount of $50,000 for each violation.
190195
191196 2. Punitive damages in an amount determined by the court, if the court finds the violation is knowing and wilful.
192197
193198 3. Nominal damages.
194199
195200 4. Any other relief the court deems appropriate, including court costs and expenses.
196201
197202 5. Attorney fees.
198203
199204 C. This section does not preclude a class action lawsuit against a manufacturer that knowingly and wilfully violates Section 44-7202. END_STATUTE
200205
201206 START_STATUTE44-7207. Unlawful filter removal; violation; classification; penalty
202207
203-A. Except for the minor's parent or legal guardian, it is unlawful for a person who is at least eighteen years of age to intentionally disable the filter on a device in the possession of a minor.
208+A. Except for the minor's parent or legal guardian, it is unlawful for a person who is at least eighteen years of age to disable the filter on a device in the possession of a minor.
204209
205210 B. A person who violates this section is subject to a fine of not more than $5,000, except that for a second or subsequent violation of this section the person is:
206211
207212 1. Subject to a fine of not more than $50,000.
208213
209214 2. Subject to incarceration for up to one year. END_STATUTE