Montana 2023 Regular Session

Montana House Bill HB349

Introduced
1/26/23  
Refer
1/27/23  
Refer
2/27/23  
Engrossed
3/3/23  
Refer
3/13/23  

Caption

Establish obscenity filter requirements for electronic devices

Impact

The implications of HB 349 extend to both users and manufacturers of electronic devices within the state. By enforcing a default obscenity filter, the bill obligates manufacturers to alter their device configurations and software functionalities, potentially increasing the cost of devices. Moreover, it holds manufacturers liable for failing to implement the required filters, which could lead to civil penalties and damages should the devices expose minors to obscene content. The act sets a significant precedent for how digital content is regulated and accessed, particularly emphasizing child protection online.

Summary

House Bill 349, referred to as the 'Children's Default to Safety Act', mandates that all electronic devices sold or activated in Montana must automatically enable an obscenity filter designed to block access to content deemed inappropriate for minors. This legislation aims to bolster online safety for children by requiring manufacturers to implement a built-in prevention mechanism against obscenity on their devices, specifically smartphones and tablets, thereby addressing public concerns regarding minors' exposure to inappropriate material online.

Sentiment

The sentiment surrounding HB 349 is mixed, reflecting a balance between championing child safety and concerns over overreach and manufacturer burdens. Advocates argue for the importance of protecting minors from harmful content as a critical societal responsibility, while critics raise alarms about the potential for increased manufacturing costs and the implications for consumer choice and privacy. This divide underscores larger conversations about the role of government in digital platforms and the responsibilities of technology companies.

Contention

One notable point of contention is the liability imposed on manufacturers. HB 349 stipulates that if manufacturers sell devices that do not include the required obscenity filter or fail to take reasonable steps to comply with the law, they may face significant penalties. Critics argue that this could unfairly burden smaller manufacturers or lead to a decrease in device diversity and innovation. Additionally, the law raises questions about user autonomy, as it limits users' ability to modify or uninstall filters without a passcode, leading to debates over control and accessibility.

Companion Bills

No companion bills found.

Previously Filed As

MT HB2115

Electronic devices; filters; harmful material

MT HB2661

Electronic devices; filters; obscene material

MT HB293

Preventing minors from accessing obscenity on certain electronic devices with internet access.

MT SB2421

Relating to electronic device filters for certain obsene materials; providing a civil penalty; creating a criminal offense.

MT HB1212

Criminal Law - Obscene Material - Device Filters

MT SB186

Consumer protection; filter requirements on Internet enabled devices, penalties for violation

MT HB318

Consumer protection; filter requirements on Internet enabled devices, penalties for violation

MT SB417

Relating to electronic device filters for certain explicit material; providing a civil penalty.

MT HB1311

Criminal Law - Obscene Material - Device Filters

MT HB167

Consumer protection; filter requirements on Internet enabled devices, penalties for violation

Similar Bills

HI SB1298

Relating To Recycling.

HI SB987

Relating To Recycling.

HI HB906

Relating To Recycling.

HI HB1640

Relating To Recycling.

HI SB3006

Relating To Recycling.

CA SB538

Electronic cigarettes.

AZ SB1419

Large electronics; recycling

AZ SB1337

Large electronics; recycling