Texas Senate Bill SB1196

Texas 2017 - 85th Regular

Caption

Relating to the declaration of a common nuisance involving a computer network or web address.

Impact

The proposed legislation modifies the Civil Practice and Remedies Code by enabling actions against individuals or entities maintaining certain online activities that are classified as nuisances. The bill specifically allows the attorney general, as well as district, county, or city attorneys, to bring suit against those operating web addresses or computer networks that maintain a nuisance. This marks a significant shift in how nuisance laws apply to digital platforms, aiming to facilitate more proactive legal action againstillegal online activities and improving enforcement mechanisms for addressing digital nuisances.

Summary

SB1196, titled 'Relating to the declaration of a common nuisance involving a computer network or web address', aims to update and refine the legal definitions and remedies associated with common nuisances in the context of internet usage and digital communications. The bill defines terms such as 'computer network' and 'web address', and establishes criteria under which these can be deemed to maintain a common nuisance, thereby extending the reach of civil liability to internet entities that may facilitate or distribute illegal or harmful content.

Sentiment

The sentiment surrounding SB1196 appears to be largely supportive among those advocating for stricter controls over online content that may harm individuals or communities. Proponents argue that the bill is necessary to combat the proliferation of illicit online activities and provide law enforcement with the tools to act decisively. However, there are concerns from digital rights advocates and some legal experts about potential overreach and the implications for free speech and internet freedom, especially surrounding the vague definitions of what constitutes a 'common nuisance' in digital contexts.

Contention

A notable point of contention regarding SB1196 is the potential for misuse of the newly defined nuisance laws, which could lead to unwarranted restrictions on legitimate online businesses and platforms. Critics express concerns that the bill could empower the attorney general and other officials to target websites and services based on subjective interpretations of nuisance, which may inadvertently stifle innovation and create an atmosphere of censorship. Additionally, the distinctions drawn between various types of internet service providers raise questions about the equitable application of the law and the responsibilities of different entities in the digital ecosystem.