HB 298 — Relating to consumer protection; to require certain manufacturers of Internet-enabled devices to activate existing filters to restrict access to certain material; to provide for a cause of action; to provide civil penalties.

HB298 INTRODUCEDENGROSSED SHXZ77-1SHXZ77-2 By Representatives Sells, Mooney, Whorton, Paschal, Fincher, 3 Harrison, Gidley, Butler, Lamb, Bedsole, Stadthagen, Kirkland, Hammett, Bolton, Hurst, Givens, Fidler, Underwood, Lee, Cole, Whitt, Rigsby, Marques, Smith, Oliver, Pettus, Standridge, McClammy, Hollis, Brown, Carns, Reynolds, Sorrells, Estes, Moore (P), Shaver, Rehm, Ingram, Hulsey, Ellis, Lomax, Woods, Lipscomb, Crawford, Shedd, Robertson, Wood (D), Baker, Stubbs, Easterbrook, Stringer, Paramore, Collins, DuBose, Hassell, Travis, Drummond, Plump, Lawrence RFD:

12-Apr-23 2023 Regular Session Page 0 SHXZ77-1HB298 04/05/2022Engrossed CMH2 (L)4 bmA 2022-5116BILL 2TO 4BE SYNOPSIS:ENTITLED AN ACT 9 Relating to consumer protection;

This bill would require manufacturers of certain Internet-enabled devices to automatically activate existing filters on the devices to prevent users from accessing material harmful to minors, including pornography, without a device passcode, and would provide civil penalties for a violation.

A BILL TO BE ENTITLED AN ACT Relating to consumer protection;

A tablet or a smart phone manufactured on or after the operative date of this act as provided in Section Page 1 HB298 INTRODUCED 7.

Any description or representation, in whatsoever form, of nudity, sexual conduct, Page 1 HB298 Engrossed sexual excitement, or sadomasochistic abuse when it:

Has a commercial designated registered agent as Page 2 HB298 INTRODUCED provided under Section 10A-1-5.31, Code of Alabama 1975.

Page 2 HB298 Engrossed (9) SMART PHONE.

(3) Gives a user with a password the opportunity to Page 3 HB298 INTRODUCED unblock a filtered website.

Page 3 HB298 Engrossed (2) The device does not, upon activation in this state, enable a filter that complies with the requirements described in Section 3.

95 (3) The minor accesses material that is harmful to minors on the device.

(c) Notwithstanding subsection (a), this section does not apply to a manufacturer that makes a good faith effort to provide a device that, upon activation of the device in this 95 state, automatically enables a generally accepted and commercially reasonable method of filtration in accordance with this act and industry standards.

(d) Nothing in this act shall be construed to create a cause of action against the retailer of a device.

(a) If a court finds that a manufacturer is liable under Section 4, the court may award the plaintiff actual damages.

(b) A class action may be brought under this act in accordance with Rule 23 of the Alabama Rules of Civil Procedure.

(a) When the Attorney General has reason to believe that a person has violated or is violating this act, Page 4 HB298 INTRODUCED the Attorney General, acting in the public interest, may bring an action in the name of the state against the person to do any of the following:

(2) To recover from the alleged violator a civil Page 4 HB298 Engrossed penalty not to exceed five thousand dollars ($5,000) per violation and not to exceed a total of fifty thousand dollars ($50,000) in aggregate, as determined by the court.

(a) Any parent or legal guardian of a minor who accesses pornographic content that is harmful to minors, Page 5 HB298 INTRODUCED which content is accessible as a result of a violation of this act, may bring a private cause of action in any court of competent jurisdiction against a manufacturer who manufactured a device in violation of this act.

or, in the discretion of the court, Page 5 HB298 Engrossed when actual damages are difficult to ascertain due to the nature of the injury, liquidated damages in the amount of fifty thousand dollars ($50,000) for each violation.

(c) Nothing in this act shall precludeauthorize the bringing of a class action lawsuitlawsuit. against a manufacturer where its conduct in violation of Section 3 is knowing and willful.

Page 6 HB298 Engrossed House of Representatives Read for the first time and referred ................12-Apr-23 to the House of Representatives committee on Commerce and Small Business Read for the second time and placed ................27-Apr-23 on the calendar:

amendments Read for the third time and passed ................16-May-23 as amended Yeas 70 Nays 8 Abstains 24 John Treadwell Clerk Page 7