HB428 Alabama 2017 Session

Summary

Primary Sponsor

Jack Williams

Republican

Session

Regular Session 2017

Title

Crimes, obscene material, child pornography, prostitution, Internet access to be restricted, filter required

Summary

HB428 would require Internet-enabled devices to have an active filter blocking obscene material and certain related content, establish a deactivation process with a fee, and create penalties and funding mechanisms related to online obscenity and trafficking.

What This Bill Does

It prohibits selling a device that provides Internet access unless it includes an active filter that blocks obscene material, child pornography, sexual cyberharassment, and prostitution/human trafficking content. It creates a process for deactivating the filter (written request, age verification, a warning, and a $20 deactivation fee paid to the state), and allows additional seller fees. It imposes criminal penalties on sellers who provide unfiltered devices to minors (Class C felony) or adults (Class A misdemeanor) and authorizes enforcement by the Attorney General. It requires manufacturers to update filters, provide reporting channels for material that breaches the filter, and may require reimbursement or penalties if material is not properly blocked; it also describes how deactivation fee funds will be distributed to victim services, trafficking programs, and the General Fund; the act takes effect January 1, 2018 and is exempt from local funding requirements due to specified exceptions.

Who It Affects

• Retailers/sellers of Internet-enabled devices: must ensure devices have active filters, respond to breach reports, charge and collect deactivation fees, and may face penalties for selling unfiltered devices.
• Device owners (consumers, including minors and adults): subject to filter requirements, may request deactivation under specified conditions and must pay the deactivation fee; age verification is required for deactivation.
• Manufacturers of Internet-enabled devices: must push filter updates, provide reporting channels, respond to reports of breaches, and may face penalties or civil actions if they fail to act.
• Victims and anti-trafficking/child exploitation programs: will receive funding from deactivation fees to support services and prevention efforts.
• State and legal system: enforcement by the Attorney General, possible injunctive relief, and revenue handling through the Department of Revenue for fund distributions.

Key Provisions

• Section 2: Prohibits selling a device that provides Internet access unless it contains an active filter blocking obscene material, child pornography, images used for sexual cyberharassment, and solicitation/offers for prostitution, assignation, or human trafficking.
• Section 3: Establishes a deactivation process requiring written request, age verification (18+), a written warning, and a $20 one-time deactivation fee paid to the seller (state on behalf of the state); seller may charge additional deactivation fees.
• Section 4: Penalties for sellers: selling a device without a filter to a minor is a Class C felony; selling without a filter to an adult is a Class A misdemeanor.
• Section 5: Deactivation fee funds: 60% to the Alabama Crime Victims Compensation Fund, 20% to a fund for grants to support anti-trafficking and child exploitation programs, remainder to the General Fund.
• Section 6: Manufacturer obligations: provide regular filter updates, establish reporting channels, and promptly block obscene material; penalties and reimbursements apply if material is reported and not filtered.
• Section 7: Unblocking non-obscene material and declaratory relief: manufacturers must unblock non-obscene material after a report and courts may award attorney fees.
• Section 8: Exemption for certain proactive social networks: manufacturers must not filter those networks that actively remove obscene material once reported.
• Section 9: Local funding exception: the bill is exempt from local expenditure requirements due to defining a new crime or amending a crime, under Amendment 621.
• Section 10: Effective date: January 1, 2018.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Internet