Relating to requirements for specific digital content blocking capabilities on products manufactured, distributed, or sold in the state that make the internet accessible, and provides for the collection and remittance of fees, and provides for criminal and civil liability for certain violations of the Act

The bill requires such a person to make reasonable and ongoing efforts to ensure proper functioning of the digital content blocking capability, to provide routine updates for the digital content blocking to a consumer who has purchased a product containing digital content blocking, to establish a call center or internet site that allows consumers to report a failure of the digital blocking or to report blocking of an internet site that is not required to be blocked. In addition, such a person is required to investigate a consumer’s report of a failure and provide an appropriate update to the digital blocking capability within 30 days of the initial report, and to investigate any consumer report of blocking of an internet site that is not required to be blocked, and if appropriate, enable consumer access to the incorrectly blocked site within 30 days of the initial report. The bill prohibits blocking of social media internet sites that have existing processes to manage consumer complaints or blocking of any internet site that does not contain obscene material, revenge pornography, sexual exploitation of a minor, or promote or facilitate prostitution or human trafficking. The bill also prohibits blocking an internet site that has the primary function of serving as a search engine or an internet site that makes movies available that are rated restricted or below. The bill prohibits a manufacturer, distributor, or seller from sharing, selling, or distributing a method, source code, or any other instruction to deactivate the digital blocking capability unless a consumer who purchases a product submits a written request for deactivation, provides proof the consumer is age 18 or older, signs an acknowledgment that a written warning outlining the dangers of deactivation has been provided by the manufacturer, distributor, or seller, and pays a one-time $20 deactivation fee. The bill also allows a manufacturer, distributor, or a seller to charge a consumer an additional fee in order for the manufacturer, distributor, or seller to deactivate the digital content blocking capability of the product. The fee must be reasonable and the manufacturer, distributor, or seller may retain the fee. The manufacturer, distributor, or seller must annually remit all deactivation fees that are collected to the treasurer of state. The treasurer of state shall deposit all fees received into the human trafficking and child exploitation prevention fund established by the bill. All moneys deposited or paid into the fund are appropriated and made available to the department of justice to be used to provide grants to governmental and nongovernmental entities and individuals involved with upholding community standards of decency, strengthening families, or developing, expanding, or strengthening programs for child victims of human trafficking to be used for any of the activities as detailed in the bill. A person in this state that knowingly manufactures, distributes, or sells a product that makes the internet accessible is guilty of an aggravated misdemeanor if the product does not contain the required digital content blocking capabilities, or the person deactivates the digital content blocking capability in a manner other than that authorized by the bill, or the person provides a consumer who purchased a product with a method, source code, or any other instruction to deactivate the digital blocking capability. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. The bill provides for a civil cause of action if a person that manufactures, distributes, or sells a product that makes the internet accessible does not respond appropriately to a consumer’s report of a failure of the digital content blocking capability requirement. A consumer that purchased the product may bring a civil action seeking relief and recover up to $500 in damages per reported failure, plus reasonable attorney fees and court costs. The attorney general or county attorney may seek injunctive relief if products are sold without the required digital content blocking or the manufacturer, distributor, or seller fails to maintain the digital content blocking capabilities, or fails to respond as required to a consumer complaint. The bill makes it an affirmative defense in a civil action asserting that a consumer purchased a product that makes the internet accessible from a person in this state that manufactures, distributes, or sells such a product and the product did not digitally block content as required by the bill, because the internet site that is not blocked is the registered domain of an institution or organization that has a scientific, educational, artistic, literary, or similar justification for making the content accessible. The bill applies to a person in this state that manufactures, distributes, or sells a product on or after January 1, 2020, that makes the internet accessible to a consumer. The bill does not apply to a product that makes the internet accessible to a consumer if the product was produced, sold, or purchased prior to January 1, 2020. The bill also does not apply to the sale of a product that makes the internet accessible to a consumer by a person that is not regularly engaged in the business of selling products that make the internet accessible.