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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1864 By: Jett
AS INTRODUCED
An Act relating to Internet-enabled devices; creating
the Save Our Children Act (SOCA) ; defining terms;
directing retailers of Inter net-enabled devices to
equip products with certain filters; requiring
retailers of Internet-enabled devices to ensure
functionality of filters; establishin g reporting
requirements; prohibiting retailers from sharing
filter deactivation i nformation with consumers ;
providing construing provision; direc ting the
Attorney General to prepare and make available
certain form; requiring retailer to use due care to
protect privacy rights of adult consumers;
prohibiting disclosure of personal identification
information; providing for the unblocking of websites
under certain circumstances; authorizing consumers to
seek certain judicial relief; providing for att orney
fees and costs; providing for the filing of civil
actions when filters are breached; providing for
attorney fees and costs; making retailers subject to
penalties for deceptive trade practices; providing an
affirmative defense; making certain acts unlawful;
providing penalties; making retailers subject to
penalties for deceptive trade practices; providing
for damages; directing court to assess certain
factors for violation; providing exemptions to
provisions of act; providing for codification; and
providing a conditional effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1031 of Title 15, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Save Our
Children Act” (SOCA).
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1032 of Title 15, unless there
is created a duplication in numbering, reads as follows:
A. As used in this act:
1. “Cellular telephone” means a communication device containing
a unique electronic serial number that is programmed into its
computer chip by its man ufacturer and whose operation is dependent
on the transmission of that electronic serial number along with a
mobile identification number, which is assigned by the cellular
telephone carrier, in t he form of radio signals through cell sites
and mobile switching stations;
2. “Child pornography” has the same meaning as define d under
Section 1024.1 of Title 21 of the Oklahoma Statutes;
3. “Computer” means an electronic, magnetic, optical,
electrochemical, or other high-speed, data-processing device
performing logical, arithmetic, or storage functions, and includes
any data storage facility, or communications facility directly
related to or operating in conjunction with such device, but such
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term does not include an automated typewriter or typesetter, a
portable handheld calculator, or other similar device ;
4. “Consumer” means an individual, business or entity that
purchases or leases for personal, family, household purposes, or any
other reason an Internet-enabled device;
5. “Data communications device ” means an electronic device that
receives electronic information from one source and transmits or
routes it to another including, but not limited to, any such bridge,
router, switch, or gateway;
6. “Filter” means a digital blocking capability, hardware , or
software that restricts or block s Internet access to websites,
electronic mail, chat or other Internet-based communications based
on category, site or content, and the term means a digital blinder
rack that can be deactivated by a retailer upon the satisfaction of
certain nominal conditions;
7. “Harmful to minors” has the same meaning as provided in
Section 1040.75 of Title 21 of the Oklahoma Statutes;
8. “Human trafficking” has the same meaning as provided in
Section 748 of Title 21 of the Oklahoma Statutes;
9. “Internet” means the international computer network of
interoperable packet switched data networks;
10. “Internet-enabled device” means a cellular telephone,
computer, data communications device , or other product manufactured,
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distributed or sold in this state that provides Internet access or
plays a material role in distributing content on the Internet;
11. “Internet service provider” means a person engaged in the
business of providing a computer and c ommunications facility through
which a consumer may obtain access to the Internet. The term does
not include a common carrier if it provides onl y telecommunications
service;
12. “Minor” means any unmarried perso n under the age of
eighteen (18) years old;
13. “Obscene material” has the same meaning as provided in
Section 1024.1 of Title 21 of the Oklahoma Statues a nd includes
Internet websites that:
a. are known to facilitate human trafficking or
prostitution, and
b. display or depict images that are harmful to minors or
that constitute sadomas ochistic abuse, sexual
excitement, sexual conduct, or revenge pornography;
14. “Personal identification information” means any information
that identities a person including a photograph, Social Security
number, driver license number, name, e-mail address, home address,
or telephone number of an individual;
15. “Prostitution” has the same meaning as provided in Section
1030 of Title 21 of the Oklahoma Statutes;
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16. “Retailer” means any person who regularly engages in the
manufacturing, sale, offer for sale or lease of Internet-enabled
devices or services in this state that ma kes content accessible on
the Internet. The term includes Internet-service providers;
17. “Revenge pornography” means images promoting the exposure
of a person which may be a criminal offense under th e provisions of
Section 1040.13b of Title 21 of the Ok lahoma Statutes;
18. “Sadomasochistic abuse” has the same meaning as provided in
Section 1040.75 of Title 21 of the Oklahoma Statutes;
19. “Sexual conduct” has the same meaning as provided in
Section 1024.1 of Title 21 of the Oklahoma Statutes;
20. “Sexual excitement” has the same meaning as provided i n
Section 1040.75 of Title 21 of the Oklahoma Statutes; and
21. “Social media website” means an Internet website or
application that enables users to communicate with each other by
posting information, comments, messages, or images and that meets
all of the following requirements:
a. is open to the public,
b. has more than seventy-five million (75,000,000 )
subscribers,
c. from its inception, has not been specifically
affiliated with any one religion or political party,
and
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d. provides a means for the users of its website to
report obscene material and has in pla ce procedures
for evaluating these reports and thereafter, removing
the obscene material.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Se ction 1033 of Title 15, unless there
is created a duplication in numbering, reads as follows:
A. A retailer that manufactures, sells, offers for sale,
leases, or distributes an Internet -enabled device shall ensure that
the product is equipped with an active and operating fil ter prior to
sale that blocks by default websites that:
1. Are known to facilitate hum an trafficking or prostitution;
and
2. Display child pornography, revenge pornography, or obscene
material harmful to minors.
B. A retailer that manufactures, sells, offers for sale,
leases, or distributes an Internet-enabled device shall:
1. Make reasonable and ongoing efforts to ensure that a
product’s filter functions proper ly;
2. Establish a reporting mechanism, such as a website or call
center, to allow a consumer to report un blocked websites displaying
content described in su bsection A of this section or to report
blocked websites that are not displaying content des cribed in
subsection A of this section;
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3. Report child pornography received through the reporting
mechanism to the CyberTipline of the National Center for M issing and
Exploited Children in accordance with the provisions of 18 U.S.C
Section 2258A; and
4. Not block access to websites that:
a. are social media websites that provide a means for
users of the website to report obscene materials and
have in place procedures for evaluating those reports
and removing the obscene material,
b. serve primarily as a search eng ine, or
c. display complete movies that meet the qualifications
for a “G”, “PG”, “PG-13”, or “R” rating by the
Classification and Ratings Administration, as those
qualifications existed on Sep tember 1, 2020.
C. Except as provided by subsection D of this s ection, a
retailer of an Internet-enabled device may not provide to a consumer
methods, source code, or other operati ng instructions for
deactivating a product’s filter.
D. A retailer of an Internet -enabled device shall deactivate
the filter after a consu mer:
1. Requests that the capability be disabled;
2. Presents personal identification information to verify that
the consumer is eighteen (18) years of age or older; and
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3. Acknowledges receiving a warning regarding the potential
danger of deactivating the filter.
E. Nothing in this act shall be construed to prevent a r etailer
of an Internet-enabled device from char ging a reasonable, separate
fee to deactivate the filter which ma y then be authorized to retain
for profit.
F. The Attorney General shall p repare and make available to
retailers a form that includes all conte nt that must be in the
warning described in paragraph 3 of subsection D of this section.
G. Nothing in this act shall be construed to require a retailer
of an Internet-enabled device to create a database or registry that
contains the names or personal identification information of adults
who knowingly chose to deactivate a product’s filter. A retailer of
an Internet-enabled device shall take due care to protect the
privacy rights of adul t consumers under this section and shall not
disclose the names or pe rsonal identification information of an
adult consumer who decided to d eactivate a product’s filter.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1034 of Title 15, unless there
is created a duplication in numbering, reads as follows:
A. If a filter blocks a website that is not displayi ng content
described in subsection A of Section 3 of this act and the block is
reported to a call center or other reporting mechanism described in
paragraph 2 of subsection B of Section 3 of this act, the website
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shall be unblocked within five (5) days after the block was first
reported. A consumer or the Attorney General may seek judi cial
relief to unblock a website that was wrongfully blocked by the
filter. The prevailing party in a civil litigation may seek
attorney fees, costs, and other forms of relief.
B. If a retailer of an Internet -enabled device is unresponsive
to a report of a website displaying c ontent described in subsection
A of Section 3 of this act that has breached the filter, the
Attorney General or a consumer may file a civil action. The
Attorney General or a consumer may seek monetary d amages up to Five
Hundred Dollars ($500.00) for each website that was reported but not
subsequently blocked. The prevailing part in the civ il action may
seek attorney fees, costs, and other forms of relief.
C. It shall be an affirmative defense in a civi l action to a
charge of violating this section that the failure to block a website
displaying the conte nt described in subsection A of Section 3 of
this act was limited to institutions or organizations havin g
scientific, educational or other similar justifications.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1035 of Title 15, unless there
is created a duplication in numbering, reads as follows:
A. It shall be unlawful for a retailer of an Interne t-enabled
device to knowingly:
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1. Sell an Internet-enabled device without an activated filte r
that at least makes an attempt to block by default websites that
display content described in subsection A of Section 3 of this act;
2. Violate the provisions of subsection C of Section 3 of this
act;
3. Fail to comply with the requirements of subsecti on D of
Section 3 of this act before deactivating a product’s filter; or
4. Disclose to a third party the name or the person al
identification information of adult consumers who have elected to
deactivate a productions filter in violation of subsection G of
Section 3 of this act without a court order direction otherwise.
B. A retailer of an Internet-enabled device that commits an
offense under subsection A of this section shall be fined no more
than Five Hundred Dollars ($500.00) for a first offense and no more
than One Thousand Dollars ($1,000.00) for each su bsequent offense
under subsection A of this section.
C. The Attorney General or consumer may cause this section to
be enforced by filing a civil suit.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1036 of Title 15, unless there
is created a duplication in numbering, reads as follows:
A. A retailer of an Internet -enabled device that fails to
comply with the provisions in subsection A or B of Section 3 of this
act or commits an offense under subse ction A of Section 4 of this
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act has engaged in an unlawful practice in violation of the Oklahoma
Consumer Protection Act and may be s ubject to the penalties provided
for therein.
B. The Attorney General shall enforce the provisions of this
section.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1037 of Title 15, unless there
is created a duplication in numbering, reads as foll ows:
In assessing the amount of a civil penalty for a viol ation of
this act, the court shall consider the following :
1. The nature and e xtent of the violation;
2. The number and severity of the violations ;
3. The economic effect of the penalty on the violator;
4. The good faith measures the violator took to compl y with
this act;
5. The timing of the measures the v iolator took to comply with
this act;
6. The willfulness of the violator’s misconduct;
7. The deterrent effect that the imposition of th e penalty
would have on both the violator and the regulated community as a
whole; and
8. Any other factor that the co urt determines justice requires.
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SECTION 8. NEW LAW A new section o f law to be codified
in the Oklahoma Statutes as S ection 1038 of Title 15, unless there
is created a duplication in numbering, reads as follow s:
A. The provisions of this act shall not apply to:
1. An occasional sale of an Internet -enabled device by a pe rson
who is not regularly engaged in the trade business of selling
Internet-enabled devices;
2. Products produced or sold before the effective date of this
act; or
3. Independent third -party routers that are not affiliated with
an Internet service provider.
B. The provisions of this act do not apply to a retailer of an
Internet-enabled device that is not subject t o the jurisdiction of
this state.
SECTION 9. The provisions of this act shall not become
effective as law until the adoption of similar legislation from four
other states and, within ten days of the final state ’s adoption, the
Attorney General shall advi se the Governor, the President Pro
Tempore of the Senate, and the Speaker of the House of
Representatives of the date this act becomes effective.
58-2-3388 MR 1/20/2022 10:31:35 PM