ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session

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HB 2115: electronic devices; filters; harmful material

Sponsor: Representative Udall, LD 25

Committee on Judiciary

Overview

Outlines requirements for smartphone and tablet filters that block material that may be harmful to minors and prescribes civil and criminal penalties for noncompliance. 

History

Providing minors any item that may be harmful to minors is unlawful and constitutes a class 4 felony (A.R.S. § 13-3506). Materials that are harmful to minors are anything that includes nudity, sexual activity, sexual conduct, sexual excitement or sadomasochistic abuse when both:

1) It appeals to the prurient interest and portrays the description or representation in a patently offensive way; and

2) Taken as a whole, does not have serious literary, artistic, political or scientific value for minors (A.R.S. § 13-3501).

Sending any materials that are harmful to a minor through any direct internet communication is a class 4 felony (A.R.S. § 13-3506.01).

Provisions

1. Requires smartphone and tablet manufacturers to manufacture a device that automatically enables a filter that:

a) Prevents users from accessing or downloading materials that are harmful to minors on specified networks and applications;

b) Notifies the user of blocked downloads or website access;

c) Allows the user to unblock filtered materials by using a passcode; and

d) Reasonably prevents a person from deactivating or uninstalling the filter. (Sec. 1)

2. States when a device is activated in Arizona, manufacturers are civilly and criminally liable if the following occur:

a) The device does not enable a filter upon activation; and

b) A minor accesses material that is harmful to minors on the device. (Sec. 1)

3. Specifies that a manufacturer violating this law is considered to have committed a separate violation for each device. (Sec. 1)

4. Exempts manufacturers from criminal and civil liability provided they make a good faith effort to provide a device that complies with specified requirements. (Sec. 1)

5. Makes a person, other than a minor's parent or guardian, civilly liable for enabling a passcode that removes a device's filter if the minor accesses harmful material. (Sec. 1)

6. Allows the Attorney General to do the following:

a) Issue temporary restraining orders or preliminary or permanent injunctions relating to violations of this law;

b) Recover civil penalties of no more than $5,000 per violation and no more than $50,000 total; and

c) Recover reasonable expenses for investigative costs, attorney costs and other appropriate relief. (Sec. 1)

7. Enables the Attorney General to issue subpoenas and conduct hearings while investigating violations of this law. (Sec. 1)

8. Authorizes the Attorney General to revoke licenses and certificates that allow a manufacturer to operate in Arizona. (Sec. 1)

9. Allows a minor's parent or guardian to bring a private cause of action against a manufacturer that failed to comply with this law or a person who enabled a passcode to remove a filter if the minor accessed harmful material as a result. (Sec. 1)

10. Prescribes specific damages a parent can recover from civil litigation involving violations of this law. (Sec. 1)

11. Clarifies that a class-action lawsuit against a manufacturer that knowingly violates this law is not precluded by any other provision.  (Sec. 1)

12. Prohibits any person, other than the minor's parent or guardian, from enabling a passcode to remove the filter on a minor's device. (Sec. 1)

13. Prescribes specific fines to a person who enables a passcode to remove the filter on a minor's device. (Sec. 1)

14. Defines activate, device, filter, harmful to minors, internet, manufacturer, minor, smartphone and tablet. (Sec. 1)

15. Contains a delayed effective date of January 1, 2023. (Sec. 2)

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19.                   HB 2115

20. Initials LC/JH        Page 0 Judiciary

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