 |
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
electronic devices; filters; obscene material
Purpose
Establishes obscene material filter requirements for tablets and smartphones manufactured on or after January 1, 2026 (devices), that are activated in Arizona by a user who is under 18 years old. Allows the Attorney General (AG) to bring an action against a person who the AG has reason to believe is violating or violated the filter requirements, establishes the right to a private cause of action for parents and legal guardians and prescribes penalties.
Background
The AG serves as the chief legal officer of Arizona and receives complaints and investigates alleged violations relating to civil rights, consumer fraud and other statutes as authorized (A.R.S. Title 41, Chapter 1, Article 5). The Office of the AG consists of the Criminal Division, State Government Division, Child and Family Protection Division, Civil Litigation Division, Appeals and Constitutional Litigation Division, Communications Division and Operations Division (AG).
It is unlawful
for a person, with knowledge of the character of the item involved, to:
1) recklessly furnish, present, provide, make available, give, lend, show,
advertise or distribute to a minor any item that is harmful to minors,
excluding the transmission or sending of items over the internet; or 2)
intentionally or knowingly transmit or send to a minor by means of electronic
mail, personal messaging or any other direct internet communication an item
that is harmful to minors when the person knows or believes at the time of the
transmission that a minor will receive the item, excluding posting material on
an internet web site, bulletin board or newsgroup or sending material via
mailing list or listserv that is not administered by the sender. A violation of
either offense is a class 4 felony and a failure to report a violation is a
class 6 felony (A.R.S. §§ 13-3506
and 13-3506.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires, beginning January 1, 2026, a device that is activated in Arizona to:
a) contain a filter;
b) ask the user to input the user's age during activation and account setup;
c) automatically enable the filter when the user's age indicates that the user is a minor;
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.
2. Defines minor as an individual who is under 18 years old and who is not emancipated, married or a member of the U.S. Armed Forces.
3. Subjects a manufacturer to civil and criminal liability if:
a) the device is activated in Arizona and does not enable a filter on activation; and
b) a minor accesses obscene material on the device.
4. Specifies that, for civil penalty purposes, a manufacturer is considered to have committed a separate violation for each device manufactured on or after January 1, 2026.
5. Exempts, from civil and criminal liability, a manufacturer that makes a good faith effort to provide a device that automatically enables a filter when activated in Arizona.
6. Subjects a person who is at least 18 years old, except for the minor's parent or legal guardian, to civil liability for intentionally enabling a password to remove a filter on a device in the possession of a minor if the minor accesses obscene material on the device.
7. Makes it unlawful for a person who is at least 18 years old, except for the minor's parent or legal guardian, to intentionally disable the filter on a device in the possession of a minor and subjects a person guilty of a violation to:
a) for a first violation, a fine of up to $5,000; or
b) for a second or subsequent violation, a fine of up to $50,000 and up to one year of incarceration.
8. Allows the AG to act in the public interest to bring an action against a person who the AG has reason to believe is violating or violated the statutory device, filter and password requirements to do any of the following:
a) enjoin any action that constitutes a violation by issuing a temporary restraining order or preliminary or permanent injunction;
b) recover a civil penalty of up to $5,000 per violation, up to a maximum of $50,000;
c) recover the AG's reasonable expenses, investigative costs and attorney fees; or
d) obtain other appropriate relief as outlined.
9. Allows the AG to issue subpoenas to any person and conduct hearings in any investigation or inquiry related to a possible violation.
10. Allows the AG to seek the revocation of any license or certificate authorizing a manufacturer to engage in business in Arizona.
11. Allows a parent or legal guardian of a minor who accesses obscene material in a manner that violates the device filter requirements to bring a private cause of action in any court of competent jurisdiction against:
a) a manufacturer that fails to comply with the device filter requirements; and
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.
12. Allows a parent or legal guardian of a minor who brings an action to recover:
a) actual damages or, in the court's discretion where actual damages are difficult to ascertain due to the nature of the injury, liquidated damages in the amount of $50,000 for each violation;
b) punitive damages in an amount determined by the court, if the court finds the violation is knowing and wilful;
c) nominal damages; or
d) any other relief the court deems appropriate, including court costs and expenses.
13. Specifies that the authorized private cause of action does not preclude a class action lawsuit against a manufacturer that knowingly and wilfully violates the device filter requirements.
14. Specifies that the filter on personal electronic device requirements do 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 employment.
15. Defines terms.
16. Becomes effective on the general effective date.
House Action
JUD 1/31/24 DP 5-3-1-0
3rd Read 2/29/24 34-25-0-0-1
Prepared by Senate Research
March 14, 2024
MG/cs