Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3818

Introduced
5/1/23  

Caption

Preventing rampant online technological exploitation and criminal trafficking

Impact

The bill mandates that covered platform operators must verify the age and consent of individuals before allowing any pornographic images to be uploaded. Operators who fail to comply will face civil penalties, and individuals affected by such violations can pursue legal action for damages. Additionally, the legislation requires the establishment of procedures for victims to request the removal of unauthorized content and empowers the attorney general to ensure compliance. Overall, this bill is expected to have significant implications for how online platforms manage content and their liability in cases of exploitation.

Summary

House Bill 3818, presented by Representative Manny Cruz, aims to combat online technological exploitation and criminal trafficking. This legislation introduces a new chapter (93M) in the General Laws of Massachusetts that establishes various definitions regarding consent, covered platforms, and the responsibilities of platform operators. A notable aspect of this bill is its emphasis on creating a legal framework to prosecute those involved in the unauthorized publication of intimate visual depictions of individuals. It seeks to address the growing concerns about the non-consensual dissemination of pornographic materials online and aims to provide recourse for victims of such exploitation.

Contention

While the bill has garnered support for its focus on protecting individuals from online exploitation, there could be points of contention regarding its implementation and the potential for overreach. Critics may argue that the provisions regarding consent verification may be burdensome for legitimate proprietors of online platforms and could inadvertently hinder freedom of expression. Furthermore, balancing the enforcement of stricter regulations against the operational aspects of digital content hosting services will likely be debated among lawmakers and stakeholders in the technology sector.

Companion Bills

MA S987

Similar To Establishing a commission to study judicial accountability in the Commonwealth

MA H568

Similar To Establishing a special commission to study the effectiveness of the Massachusetts School Building Authority

MA H4359

Similar To To implement the recommendations of the special commission on facial recognition technology

MA S2659

Similar To Establishing a special commission to review the adequacy and equity of the Massachusetts school building program

MA S2885

Similar To Establishing a special commission to review the adequacy and equity of the Massachusetts school building program

MA H4517

Replaced by Study Order

Similar Bills

AZ HB2889

Pornography; publication; consent; verification; violation

SC H3406

Online technological exploitation

US HB8457

PROTECT Act Preventing Rampant Online Technological Exploitation and Criminal Trafficking Act of 2024

US SB3718

PROTECT Act of 2024 Preventing Rampant Online Technological Exploitation and Criminal Trafficking Act of 2024

CA AB392

Pornographic internet websites: consent.

NC H805

Prevent Sexual Exploitation/Women and Minors

HI SB357

Relating To Offenses Against The Internet.

US HB1623

SCREEN Act Shielding Children's Retinas from Egregious Exposure on the Net Act