Obscene content filter bill stalls in Senate Judiciary
House Bill 408, brought by Rep. Amy Regier, R-Kalispell, seeks to block obscene content from reaching children. (Getty Images)
Following passage of laws last session requiring adult websites to require age verification, a bill in the Montana Legislature seeks to go a step further and add a filter on electronic devices.
House Bill 408, brought by Rep. Amy Regier, R-Kalispell, seeks to block obscene content from reaching children and establishes liability for someone who removes the filter as well the device manufacturer.
The bill was tabled in the Senate Judiciary Committee, though it could come back.
'Nothing is truly considered dead until sine die,' Regier said.
Protection from content deemed harmful to children, especially surrounding technology, has been key to a number of bills this session.
'Parents have the ultimate responsibility to train their children in moral and character development. Modern technology has potential for great good but also harm. Montana can help parents and protect our children,' Regier said in an emailed comment to the Daily Montanan. 'Requiring a device filter to be activated for all minors helps to safeguard against obscene content. Obscene content that can lead to risky behaviors, addictions and vulnerability to sexual predators.'
The bill passed the House 82-19 on third reading to move it over to the Senate, with the dissent including a mix of Republicans and Democrats.
In its Senate hearing, proponents included the National Center on Sexual Exploitation, the Montana Family Foundation and Alex Sterhan with the Montana Department of Justice.
Former Republican Montana State Rep. Scott Reichner, speaking for the National Center on Sexual Exploitation, said the legislation would help with the 'mass spread of human trafficking in the state.'
Opponents to the bill included the Taxpayers Protection Alliance, the Montana Chamber of Commerce, the Parkview Institute — an organization that supports economic freedom — as well as the Computer & Communications Industry Association.
Their argument was HB 408 was a barrier to businesses and an increase in potential liability.
'HB 408 presents serious technical and legal issues. Internet service providers, not device manufacturers, are the ones equipped to manage content access,' Aodhan Downey, state policy manager for CCIA, said in a statement. 'Requiring a state-specific default filter not only creates unworkable compliance challenges but also leaves many devices — especially those without location-tracking or that are sold online — beyond the bill's regulatory reach.
'What's more, the bill imposes steep penalties based on vague determinations of obscenity, leaving businesses to either over-filter lawful content or face costly litigation.'
Some opponents stated it would stifle competition or could wrongly censor classical artwork that contains nudity. A similar bill has floated around the Utah Legislature.
Legislators in Senate Judiciary supported the spirit of the bill, but did have some concerns.
'I think it's a great effort, but I don't think it's the solution,' Sen. Cora Neumann, D-Bozeman, said on April 8 when the committee took executive action on the bill.
Sen. Theresa Manzella, R-Hamilton, said she was originally going to support the bill, saying she did recognize the state had a 'very serious problem' with minors accessing obscene content. But 'untended consequences' on device manufacturers helped sway her decision.
'I think we have done some very good work in this body in past sessions and the reports are that it's working,' Manzella said during executive action. 'Another issue is that I support parental rights, and I support parental responsibility to parent their children and work through these issues with their children.'
Billings Republican Sens. Sue Vinton and Barry Usher voted in favor of moving the legislation to the floor.
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