HF 3281

as introduced - 90th Legislature (2017 - 2018) Posted on 03/21/2018 02:07pm

A bill for an act
relating to public safety; requiring blocking ability of obscene material on electronic
devices that connect to Internet; requiring a report; proposing coding for new law
in Minnesota Statutes, chapter 617.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [617.239] HUMAN TRAFFICKING AND CHILD EXPLOITATION
PREVENTION.
new text end

new text begin Subdivision 1. new text end

new text begin Internet digital blocking. new text end

new text begin (a) It is an unlawful practice under section
617.241 to manufacture, sell, offer for sale, lease, or distribute a product that makes content
accessible on the Internet:
new text end

new text begin (1) unless the product contains digital blocking capability that renders any obscene
material, as defined in section 617.241, subdivision 1, paragraphs (a) and (e), inaccessible;
and
new text end

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

new text begin (b) A person who manufactures, sells, offers for sale, leases, or distributes a product that
makes content accessible on the Internet shall:
new text end

new text begin (1) make reasonable and ongoing efforts to ensure that the digital content blocking
capability functions properly;
new text end

new text begin (2) establish a reporting mechanism, such as a Web site or call center, to allow a consumer
to report unblocked obscene material or report blocked material that is not obscene;
new text end

new text begin (3) ensure that all child pornography and revenge pornography is inaccessible on the
product;
new text end

new text begin (4) prohibit the product from accessing any hub that facilitates prostitution; and
new text end

new text begin (5) render Web sites that are known to facilitate human trafficking, in violation of section
609.322 or 609.324, inaccessible.
new text end

new text begin Subd. 2. new text end

new text begin Deactivation. new text end

new text begin (a) A digital blocking capability may be deactivated after a
consumer:
new text end

new text begin (1) requests that the capability be disabled;
new text end

new text begin (2) presents identification to verify that the consumer is 18 years of age or older;
new text end

new text begin (3) acknowledges receiving a written warning regarding the potential danger of
deactivating the digital blocking capability; and
new text end

new text begin (4) pays a onetime $20 digital access fee to the person who manufactures, sells, leases,
or distributes the product.
new text end

new text begin (b) A person who manufactures, sells, offers for sale, leases, or distributes a product that
makes content accessible on the Internet may charge a separate opt-in fee for each product
that enters the state's stream of commerce.
new text end

new text begin (c) If the digital blocking capability blocks material that is not obscene and the block is
reported to a call center or reporting Web site, the material shall be unblocked within a
reasonable time, but in no event later than five business days after the block is first reported.
new text end

new text begin (d) A consumer may seek judicial relief to unblock filtered content.
new text end

new text begin Subd. 3. new text end

new text begin Distribution of fees; report. new text end

new text begin (a) All fees received by a person under subdivision
2 shall be paid quarterly to the commissioner of public safety in the manner prescribed by
the commissioner. The commissioner of public safety shall deposit the fees received under
this subdivision as follows:
new text end

new text begin (1) 40 percent in the crime victims account under section 611A.612; and
new text end

new text begin (2) 60 percent in a special account to be used by the commissioner of public safety to
provide grants to state agencies, units of local government, and nongovernmental
organizations that serve victims of human trafficking to:
new text end

new text begin (i) develop, expand, or strengthen programs for victims of human trafficking and child
exploitation that may include any of the following:
new text end

new text begin (A) physical health and mental health services;
new text end

new text begin (B) temporary and permanent housing placement;
new text end

new text begin (C) legal and immigration services; and
new text end

new text begin (D) employment placement, education, and training;
new text end

new text begin (ii) ensure prevention of human trafficking including, at a minimum, increasing public
awareness; and
new text end

new text begin (iii) ensure protection of victims of human trafficking including, at a minimum, training
first responders.
new text end

new text begin (b) By February 15 of each year, the commissioner of public safety shall report to the
chairs and ranking minority members of the senate and house of representatives committees
or divisions having jurisdiction over criminal justice funding on the fees collected under
subdivision 2. The report must indicate the following relating to the preceding calendar
year:
new text end

new text begin (1) the amount of money appropriated to the commissioner;
new text end

new text begin (2) how the money was distributed by the commissioner; and
new text end

new text begin (3) how the organizations under paragraph (a) used the money.
new text end

new text begin Subd. 4. new text end

new text begin Civil action. new text end

new text begin 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 obscene material that has breached the filter, the attorney general or a consumer may file
a civil action. The attorney general or a consumer may seek damages of up to $500 for each
piece of content that was reported but not subsequently blocked. The prevailing party in the
civil action may seek attorney fees.
new text end

new text begin Subd. 5. new text end

new text begin Citation. new text end

new text begin This section shall be known and may be cited as the "Human
Trafficking and Child Exploitation Prevention Act."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end