SB 245 — An Act relating to obscene material filters for electronic devices used by minors; and providing for an effective date.

Bill Text

• SB 245 View text Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill establishes new requirements for manufacturers of electronic devices used by minors, including the implementation of obscene material filters and corresponding liabilities.

• AS 45.50

  Article 6A. Filters for Electronic Devices Used by Minors. Sec. 45.50.860. Obscene material filter. A manufacturer of a device activated in the state shall ensure that the device (1) contains a filter; (2) determines the user's age upon activation; (3) automatically activates the filter when the device determines the user is a minor; (4) allows a password to be created and used to deactivate and reactivate the filter; and (5) notifies the user of the device when the filter blocks the device from accessing an Internet website.

  New section is added that mandates manufacturers to include filters in devices used by minors.

• AS 45.50

  Sec. 45.50.865. Parental and attorney general cause of action. (a) Except as provided in (b) of this section, the manufacturer of a device that does not comply with AS 45.50.860 is liable to the parent or guardian of a minor who accesses obscene material on the device. (b) A manufacturer is not liable if the manufacturer has made a good faith effort to provide a device that, upon activation of the device in the state, automatically enables a filter in accordance with AS 44.50.860. (c) A person who is not a parent or guardian of a minor who disables a filter on a device used by the minor is liable to the parent or guardian of the minor if the minor accesses obscene material on the device.

  Introduces liability for manufacturers if they fail to comply with the new filter requirements, and holds non-parents accountable for disabling filters.

• AS 45.50

  Sec. 45.50.870. Penalty. A person who disables a filter on a device used by a minor and is not the parent or guardian of the minor is guilty of (1) a class B misdemeanor for the first offense, punishable by a fine of not more than $5,000 and a term of imprisonment of not more than 15 days; or (2) a class A misdemeanor for a second or subsequent offense, punishable by a fine of not more than $50,000 and a term of imprisonment of not more than one year.

  Establishes criminal penalties for disabling filters, with graduated offenses and corresponding punishments.

• AS 45.50

  Sec. 45.50.875. Definitions. In AS 45.50.860 - 45.50.875, (1) "activate" means the process of powering on a device and associating the device with a new user account; (2) "device" means a tablet or smartphone; (3) "filter" means software installed on a device that is capable of preventing the device from accessing or displaying obscene material through an Internet browser; (4) "manufacturer" means a person that is engaged in the business of manufacturing a device, holds the patents for the device, and does business in the state; (5) "minor" means an individual under 18 years of age who has not had the disabilities of a minor removed as described in AS 09.55.590; (6) "obscene material" means material that... (7) "password" means a string of characters or other secure method used to enable, disable, modify, or uninstall a filter on a device; (8) "smartphone" means a portable electronic device that combines a cellular telephone with a handheld computer that typically provides Internet access, data storage, and text and electronic mail capabilities; (9) "tablet" means a portable electronic device that is equipped with a touchscreen display and rechargeable battery, can be used to access the Internet, and does not contain a built-in keyboard.

  Defines various key terms relevant to the new provisions regarding device filters for minors.

• Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY. This Act applies to devices, as that term is defined in AS 45.50.875, added by sec. 1 of this Act, that are activated in the state on or after the effective date of this Act.

  Clarifies that the new regulations apply only to devices activated in Alaska after the effective date of the law.

• Sec. 3. This Act takes effect January 1, 2025.

  Establishes an effective date for the new law.

Action History

1. February 19, 2024

   (S) REFERRED TO LABOR & COMMERCE

2. February 19, 2024

   (S) L&C, JUD

3. February 19, 2024

   (S) READ THE FIRST TIME - REFERRALS

Sponsors

• Jesse Bjorkman · Primary

Subjects