ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

Senate: TAT DP 5-2-0-0 | 3rd Read 19-11-0-0

House:  RA DP 4-3-0-0

SB 1503: internet; verification; harmful to minors

Sponsor: Senator Rogers, LD 7

Caucus & COW

Overview

Directs a commercial entity to verify that any person attempting to access an internet website containing a substantial portion of material harmful to minors is at least 18 years old.

History

A person is prohibited, with knowledge of the character of the item, to present, provide, lend or advertise to minors any item that is harmful to minors, including through electronic mail, personal messaging or any other direct internet communication. However, this prohibition does not apply to posting material on an internet website (A.R.S. § 13-3506, 13-3506.01).

The governing board of every school district must prescribe policies for public schools that provide a public access computer to deploy a technology protection measure that prevents minors from accessing child pornography or material that is harmful to minors or obscene. Furthermore, a public library must deploy and enforce similar technology protection measures for minors. Statute prescribes penalties for public schools and public libraries that are found to be in violation of the outlined requirements (A.R.S. § 34-502).

Statute defines internet as collectively, the myriad of computer and telecommunications facilities, including equipment and operating software, that comprise the interconnected worldwide network of networks that employ the outlined protocols (A.R.S. § 18-541).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires a commercial entity that intentionally or knowingly publishes or distributes material harmful to minors, on an internet website that contains a substantial portion of such material, to verify that any person attempting to access the material is at least 18 years old. (Sec. 1)

2.   Authorizes the age verification to be made through:

a)   a commercially available database that is regularly used by businesses or governmental entities for the purposes of age and identity verification; or

b)   any other commercially reasonable method of age and identity verification. (Sec. 1)

3.   Subjects a commercial entity that violates the verification requirement to civil liability for damages, including attorney fees and costs, resulting from the minor's access to the material. (Sec. 1)

4.   Clarifies that a provider or user of an interactive computer service on the internet is not obligated to or liable for the verification requirement. (Sec. 1)

5.   Defines material harmful to minors as any description or representation of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, that:

a)   appeals to the prurient, shameful or morbid interest of minors;

b)   is patently offensive to prevailing standards in the adult community as a whole, with respect to what is suitable material for minors; and

c)   is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for minors. (Sec. 1)

6.   Specifies that a substantial portion means that more than 33.3% of the total material on a website is explicit, sexual material harmful to minors. (Sec. 1)

7.   Defines internet and interactive computer service. (Sec. 1)

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11.                    SB 1503

12.  Initials DC/SJ        Page 0 Caucus & COW

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