SB-104 seeks to protect minors from online pornography.
Our 2024 Utah Legislative session is getting off to a fast start with bills being filed and introduced in committees. One bill in particular caught our eye.
One legislator who has been an outspoken advocate of protecting children, particularly from influences of pornography, has introduced a bill known as the Children’s Device Protection Act. Senator Todd Weiler, R-Woods Cross, introduced SB-104, which requires tablets or smartphones to automatically enable a filter blocker which will block obscene content when used by minors. Those who are adult users or parents would be able to disable the filter with a password.
A similar bill was passed by Rep. Susan Pulsipher and Sen. Wayne Harper a few years ago, but that bill would not go into effect unless at least five states had passed similar legislation, which hasn’t happened yet. Weiler said in the Senate Judiciary, Law Enforcement and Criminal Justice Committee meeting, “In the years between, since then, we’ve made ourselves an outlier when it comes to social media and porn websites. … Why are we waiting for other states on this one?”
“The idea is to provide minors with the protection and opportunity that they deserve as children to prevent them from developing an addiction to pornography before they’re even an adult and allow them time to develop good online habits while they’re still young, which will positively impact their future,” Weiler said. “It also requires parents to be cognizant of their children’s online presence.”
If this bill were to pass it would allow “private civil actions by parents and guardians of minors against manufacturers and others who violate provisions of this bill; and makes it a criminal offense for any person, with the exception of a parent or guardian, to enable the removal of the filter on a device in the possession of a minor.”
Katheryn Snyder, the development and fundraising manager for the National Center on Sexual Exploitation and a resident of Utah County came to speak in favor of the bill at the meeting. She said “In 2016 the Utah State Senate adopted a resolution recognizing pornography as a public health hazard. Big Tech is fully capable of making this change.”
Snyder also stated, “Just in June of 2023, Apple activated filters to automatically blur explicit content on smartphones and tablets for users under the age of 12. And we know that Apple and Google have the estimated age of each user per the device, per the ID birthdate. That’s been given, so there’s no reason why they shouldn’t protect our children.”
Other concerns were raised during the committee meeting. Dave Davis, who spoke on behalf of the Utah Retail Merchants Association said, “We’re against pornography getting into the hands of children,” but he wanted it clarified if or how retailers would be held accountable. Other concerns about retailers’ liability were expressed.
One of the drafters for the original bill, Benjamin Bull, who is the general counsel for the National Center on Sexual Exploitation said that “there is zero liability for retailers. Instead, the law is directed toward requiring manufacturers to enable the filter.
“We wanted to draft something that we knew would make a difference, but we also were confident that it would pass constitutional muster in federal court if challenged. This is that law.”
Before the internet, pornography could be found in brick-and-mortar stores. At that time adults were required to have identification to prove they were over eighteen years of age or above. After internet pornography came into being they went unregulated for many years. Lawmakers feel it is time to regulate the internet for the protection of our children.
This issue is not a conservative issue. This issue spans political groups. It is a harm-based issue. When you explain some of the risks pornography poses to minors many legislators respond with increased support.
SB-104 could help parents protect youth by filtering their smartphones for obscene material. Senator Todd Weiler says he will continue working on this bill. He doesn’t want to wait. He is prepared to protect children now.
We will keep watch on this and many other bills as they make their way through the state legislature.
– The Byway
Read more about how to protect children from the risks of personal devices in Guardians of the Web: Empowering Youth to Stay Safe Online by Tamara Houston.