New Jersey Assembly Bill A3819

New Jersey 2024-2025 Regular Session

• Introduced: 2/22/24
• Refer: 2/22/24

Caption

"Human Trafficking and Child Exploitation Prevention Act"; requires Internet-connected devices to have blocking capability in certain circumstances.

Impact

If enacted, A3819 will amend existing consumer protection laws to establish clear requirements for internet-enabled devices. Notably, it makes selling or distributing such devices without proper digital blocking capabilities an unlawful practice under the New Jersey Consumer Fraud Act. This shift will significantly empower state authorities, particularly the Attorney General's office, in enforcing compliance through penalties for noncompliance, including monetary fines and the potential for civil suits initiated by consumers affected by unfiltered obscene materials.

Summary

Assembly Bill A3819, titled the 'Human Trafficking and Child Exploitation Prevention Act,' aims to address the accessibility of obscene material on the Internet by requiring that products which make such content available must include digital blocking capabilities. This legislation is aimed particularly at protecting minors from unwanted exposure to online content that is objectionable, such as child pornography and revenge pornography. Manufacturers and distributors of these products are mandated to ensure that their blocking features function properly and to maintain reporting mechanisms for consumers to report any lapses in filtering.

Contention

The bill may face scrutiny regarding its enforcement and operationalisation. There might be concerns from device manufacturers about the additional compliance costs associated with integrating digital blocking capabilities and the potential logistical challenges involved in maintaining these functionalities. Additionally, there are implications for consumer privacy and the administrative burden of managing reports and claims related to blocking effectiveness, which could prompt debates around the balance between protecting children and ensuring personal freedoms on the Internet. The provision allowing consumers to opt-out of blocking features after verifying their age by paying a fee could also raise concerns about accessibility and equity.