SB2838

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to title 26 to be appropriately designated and to read as follows:

"Chapter

digital pornographic content blocking capabilities in products that make content accessible on the internet

§ -1 Pornographic content blocking capabilities in products that make content accessible on the Internet required. (a) It is unlawful and a violation of section 712- for any person to manufacture, sell, offer for sale, lease, or distributed a product that makes content accessible on the Internet:

(1) Unless the product contains digital blocking capability that renders pornographic material inaccessible; and

(2) To a minor unless the digital blocking capability is active and properly operating to make obscene material inaccessible.

(b) Any person who manufactures, sells, offers for sale, leases, or distributes a product that makes content accessible on the Internet shall make reasonable and ongoing efforts to:

(1) Ensure that the digital content blocking capability functions properly;

(2) Establish and maintain a reporting mechanism, such as a website or call center, to allow a consumer to report unblocked pornographic material or report blocked material that is not pornographic;

(3) Ensure that all child pornography and revenge pornography is inaccessible on the product;

(4) Prohibit the product from accessing any hub, website, or internet service that facilitates prostitution; and

(5) Render websites that are known to facilitate human trafficking inaccessible.

"Child pornography" has the same meaning as defined in section 707-750.

"Pornographic" has the same meaning as defined in section 712-1210.

§ -2 Deactivation of digital blocking capacity. (a) Any digital blocking capacity required under this chapter may be deactivated after a consumer:

(1) Requests that the capability be disabled;

(2) Presents identification to verify that the consumer is eighteen years of age or older;

(3) Acknowledges receiving a written warning regarding the potential dangers of deactivating the digital blocking capability; and

(4) Pays a one-time $20 digital access fee.

(b) All moneys collected pursuant to subsection (a)(4) shall be submitted to the state treasury and deposited into the human trafficking victim services fund established under section 706-650.5.

(c) A person who manufactures, sells, offers for sale, leases, or distributes a product that makes content accessible on the Internet may charge their own separate opt-in fee for each product that enters the State's stream of commerce.

§ -3 Material that is improperly blocked; failure to block material. (a) If the digital blocking capability blocks material that is not pornographic and the block is reported to a call center or reporting website, the material shall be unblocked within a reasonable time, but in no event later than five business days after the block is first reported.

(b) A consumer may seek judicial relief to unblock filtered content.

(c) If the digital blocking capability fails to block pornographic material and the failure is reported to a call center or reporting website, the material shall be blocked within a reasonable time, but in no event later than five business days after the failure to block is first reported. If a person who manufactures, sells, offers for sale, leases, or distributes a product that makes content accessible on the Internet is unresponsive to a report of pornographic material that has breached the filter, the attorney general or a consumer may file a civil suit. The attorney general or a consumer may seek damage of up to $500 for each piece of content that is reported but not subsequently blocked. The prevailing party in the civil action may seek attorney fees.

(d) For the purposes of this section, "pornographic" has the same meaning as defined in section 712-1210."

SECTION 2. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"§712- Failure to include digital pornographic content blocking capability. (1) A person commits the offense of failure to include digital pornography blocking capability if the person knowingly manufactures, sells, offers for sale, leases, or distributes a product that makes content accessible on the Internet:

(a) Unless the product contains digital blocking capability that renders pornographic material inaccessible; and

(b) To a minor unless the digital blocking capability is active and properly operating to make obscene material inaccessible.

(2) Failure to include digital pornography blocking capability is a misdemeanor."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Pornography; Digital Blocking Capabilities

Description:

Requires persons who manufacture, sell, offer for sale, lease, or distribute a product that makes content accessible on the internet to include digital blocking capability that renders pornographic material inaccessible. Allows consumers to disable the blocking capability if the consumer fulfils certain requirements, including payment of a digital access fee that is deposited into the human trafficking victim services fund. Requires persons who manufacture, sell, offer for sale, lease, or distribute a product that makes content accessible on the internet to establish and maintain a reporting system for content that is improperly blocked and pornographic content that the blocking capability fails to block. Establishes the offense of failure to include digital pornography blocking capability.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

THE SENATE	S.B. NO.	2838
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII