ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: JUD DP 5-3-1-0

HB 2661: electronic devices; filters; obscene material

Sponsor: Representative Toma, LD 27

Caucus & COW

Overview

Adds a new chapter to A.R.S. title 44 regulating the use of filters on electronic devices.

History

A.R.S. title 44 currently contains 40 different chapters regulating a broad range of areas concerning trade and commerce.

Provisions

Filter Requirement

1.   Beginning January 1, 2026, requires a device that is activated in Arizona to do all the following:

a)   contain a filter;

b)   ask the user to input their age during activation and account setup;

c) automatically enable the filter if the provided age is below 18;

d)   allow a password to be established for the filter;

e)   notify the user of the device when the filter blocks the device from accessing a website; and 

f) provide an opportunity to deactivate or reactivate the filter by using a password. (Sec 1)

Manufacturer Liability

2.   Beginning January 1, 2026, subjects a manufacturer to civil and criminal liability if all the following apply:

a)   the device is activated in Arizona;

b)   on activation, the device does not enable a filter that complies with the above requirements; and

c) a minor accesses obscene material that is on the device. (Sec 1)

3.   For the purposes of assessing a violation against a manufacturer, states that a manufacturer is considered to have committed a separate violation for each device that is manufactured on or after January 1, 2026. (Sec 1)

4.   Stipulates that this liability does not apply to a manufacturer that makes a good faith effort to provide a device that, on activation of the device in Arizona, automatically enables a filter in accordance with this the above filter requirement. (Sec 1)

5.   States that this new chapter does not create a cause of action against the retailer of a device including an employee of a retailer acting in the course and scope of the employee's employment. (Sec 1)

 

Individual Liability

6.   Subjects a person who is at least 18 years old and who not the minor's parent or guardian to civil liability for intentionally enabling a password to remove a filter on a device that is in the possession of a minor if the minor accesses obscene material that is on the device. (Sec 1)

Enforcement by the Attorney General

7.   Authorizes the Attorney General to bring an action against a person who is at least 18 years old to do any of the following if the Attorney General has reason to believe that the person has violated or is violating this new chapter:

a)   enjoin any action that constitutes a violation of this chapter by issuing a temporary restraining order or preliminary or permanent injunction;

b)   recover a civil penalty of not more than $5,000 per violation, not to exceed a total of $50,000;

c) recover the Attorney General's reasonable expenses, investigative costs and attorney fees; or

d)   obtain other appropriate relief as provided for under this chapter. (Sec. 1)

8.   Permits the Attorney General to issue subpoenas to any person and conduct hearings in any investigation or inquiry related to a possible violation of this chapter. (Sec. 1)

9.   Allows the Attorney General to seek the revocation of any license or certificate authorizing a manufacturer to engage in business in Arizona. (Sec 1)

Private Cause of Action

10.  Authorizes a parent or legal guardian of a minor who accesses obscene material that is in violation of the above filter requirement to bring a private cause of action in any court of competent jurisdiction against:

a)   a manufacturer that fails to comply with the filter requirement; or

b)   a person who is at least 18 years old who is not a parent or legal guardian of the minor and who disables a filter from a device in the minor's possession that results in the minor's exposure to obscene material. (Sec 1)

11.  States that the parent or legal guardian of a minor who brings an action under this section may recover:

a)   actual damages up, or in the court's discretion where actual damages are difficult to ascertain, liquidated damages in the amount of $50,000 for each violation;

b)   punitive damages determined by the court if the court finds the violation willing and knowingly;

c) nominal damages;

d)   any other relief the court deems appropriate, including court costs and expenses;

e)   attorney fees. (Sec. 1)

12.  Specifies that this section does not preclude a class action lawsuit against a manufacturer that knowingly and wilfully violates the filter requirement. (Sec 1)

Unlawful Filter Removal

13.  Makes it unlawful for a person who is at least 18 years old and not the minor's parent or legal guardian to intentionally disable the filter on a device in the possession of a minor. (Sec. 1)

14.  Subjects a person who violates the above prohibition to a maximum fine of $5,000 unless the person is a second or subsequent offender, in which case the person is subject to:

a)   a fine of no more than $50,000;

b)   incarceration for up to one year. (Sec 1)

Terminology

15.  Defines the following terms:

a)   activate;

b)   device;

c) filter;

d)   internet;

e)   manufacturer;

f) minor;

g)   obscene material;

h)   operating system;

i) password;

j) smartphone; and

k)   tablet. (Sec 1)

 

 

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

 

 

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                        HB 2661

Initials JL/MB           Page 0 Caucus & COW

 

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