S.22.2-56: Smarter Phones Act (PASSED)
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  S.22.2-56: Smarter Phones Act (PASSED)
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Author Topic: S.22.2-56: Smarter Phones Act (PASSED)  (Read 135 times)
fhtagn
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« on: June 13, 2022, 10:19:17 PM »
« edited: June 28, 2022, 08:21:25 PM by fhtagn »

Quote
SMARTER PHONES ACT

Quote
TITLE I: DEFINITIONS

1. The follow words or terms shall be defined as such in this act:

A. Activate means the process of powering on a device and associating it with a new user account.

B. Device means a tablet or a smart phone sold in the Southern Region and manufactured on or after the date this bill takes effect.

C. Filter means software installed on a device that is capable of preventing the device from accessing or displaying material that is obscene as to minors through the Internet or any applications owned and controlled by the manufacturer and installed on the device.

D. Obscene as to minors means the same as that term is defined in the Obscene As To Minors Act.

E. Manufacturer means a person that is engaged in the business of manufacturing a device and conducts business with persons in the Southern Region.

F. Smart phone means an electronic device that combines a cell phone with a hand-held computer, typically offering Internet access, data storage, and text and email capabilities.

G. Tablet means a mobile device that is equipped with a mobile operating system, touchscreen display, and rechargeable battery; and has the ability to support access to a cellular network.


TITLE II: FILTERS

1. No manufacturer shall manufacture or sell a device in the Southern Region, unless when activated in the Southern Region, such device automatically enables a filter that:

A. when enabled, prevents the user from accessing or downloading material that is obscene as to minors on mobile data networks, applications owned and controlled by the manufacturer, wired Internet networks, and wireless Internet networks;

B. notifies the user of the device when the filter blocks the device from downloading an application or accessing a website;

C. gives a user with a passcode the opportunity to unblock a filtered application or website; and

D. reasonably precludes a user other than a user with a passcode the opportunity to deactivate, modify, or uninstall the filter.
2. A violation of this act shall be a misdemeanor punishable by disgorgement of any profits, imprisonment for no more than one (1) year, and a fine of $10,000.00 per device sold that lacks a filter.

3. This provision does not apply to a manufacturer that makes a good faith effort to provide a device that, upon activation of the device in the Southern Region, automatically enables a generally accepted and commercially reasonable method of filtration in accordance with this act and industry standards.

4. A minor may maintain a civil action to recover actual damages, punitive damages of up to $10,000, reasonable legal costs, and any equitable relief necessary to enforce this act against a manufacturer of a device if the device is activated in the Southern Region, the device does not, upon activation in the Southern Region, enable a filter that complies with the requirements described in this act, and the minor accesses material that is obscene as to minors on the device.

TITLE III: ENACTMENT

1. This act shall take effect immediately.

Sponsor: Governor LT
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Mr. Reactionary
blackraisin
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« Reply #1 on: June 14, 2022, 07:02:14 AM »

This is based on a Utah law that requires all smartphones and iPads to be capable of parental locks/child filters so that parents can protect kids from obscenity if they desire.




*The text of this bill does NOT violate the TOS of this website*
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fhtagn
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« Reply #2 on: June 24, 2022, 11:06:23 PM »

If there are no more comments, I move we proceed to a vote. 24 hours for objections.
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President Punxsutawney Phil
TimTurner
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« Reply #3 on: June 24, 2022, 11:19:22 PM »

I am wary of this law. It's likely to be either ineffective at its goals, cause annoyance for parents, kids, or both, and have mostly negative side effects on smartphones in general and enjoyance of devices more broadly. If parents want to put locks on devices, they already have that ability anyway. Apps exist that do that.
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Mr. Reactionary
blackraisin
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« Reply #4 on: June 25, 2022, 06:50:30 AM »

I am wary of this law. It's likely to be either ineffective at its goals, cause annoyance for parents, kids, or both, and have mostly negative side effects on smartphones in general and enjoyance of devices more broadly. If parents want to put locks on devices, they already have that ability anyway. Apps exist that do that.

This just makes sure those Apps work on the devices. This is based off a Utah law.
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President Punxsutawney Phil
TimTurner
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« Reply #5 on: June 25, 2022, 11:21:54 PM »

I am wary of this law. It's likely to be either ineffective at its goals, cause annoyance for parents, kids, or both, and have mostly negative side effects on smartphones in general and enjoyance of devices more broadly. If parents want to put locks on devices, they already have that ability anyway. Apps exist that do that.

This just makes sure those Apps work on the devices. This is based off a Utah law.
So, it doesn't actually require smartphones come with these things? Just makes sure they *can* work? But I have nothing against the latter.
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Mr. Reactionary
blackraisin
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« Reply #6 on: June 26, 2022, 01:27:34 AM »

I am wary of this law. It's likely to be either ineffective at its goals, cause annoyance for parents, kids, or both, and have mostly negative side effects on smartphones in general and enjoyance of devices more broadly. If parents want to put locks on devices, they already have that ability anyway. Apps exist that do that.

This just makes sure those Apps work on the devices. This is based off a Utah law.
So, it doesn't actually require smartphones come with these things? Just makes sure they *can* work? But I have nothing against the latter.

Basically they just have to allow for parent controls IF the buyer wishes to install them.
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President Punxsutawney Phil
TimTurner
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« Reply #7 on: June 26, 2022, 01:34:36 AM »

I am wary of this law. It's likely to be either ineffective at its goals, cause annoyance for parents, kids, or both, and have mostly negative side effects on smartphones in general and enjoyance of devices more broadly. If parents want to put locks on devices, they already have that ability anyway. Apps exist that do that.

This just makes sure those Apps work on the devices. This is based off a Utah law.
So, it doesn't actually require smartphones come with these things? Just makes sure they *can* work? But I have nothing against the latter.

Basically they just have to allow for parent controls IF the buyer wishes to install them.
Fair enough.
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fhtagn
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« Reply #8 on: June 26, 2022, 09:51:32 PM »

Seeing as there don't seem to be any objections, a final vote on this bill is now open for 72 hours, or until 24 hours after this has enough votes to pass or fail, or until everybody votes, whichever occurs soonest.
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reagente
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« Reply #9 on: June 26, 2022, 10:02:24 PM »

aye
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UlmerFudd
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« Reply #10 on: June 26, 2022, 10:12:02 PM »

Aye
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fhtagn
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« Reply #11 on: June 26, 2022, 10:27:30 PM »

Aye
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fhtagn
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« Reply #12 on: June 26, 2022, 10:30:49 PM »

This has enough votes to pass. 24 hours to vote/change your vote, or until everyone has voted, whichever happens soonest
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RFayette
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« Reply #13 on: June 26, 2022, 10:43:38 PM »

Aye
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President Punxsutawney Phil
TimTurner
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« Reply #14 on: June 28, 2022, 12:04:26 AM »

Aye
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fhtagn
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« Reply #15 on: June 28, 2022, 08:21:13 PM »

The bill now passes and awaits gubernatorial action.

Aye: 5
Nay:0
Present: 0
Not voting: 0


Quote
SMARTER PHONES ACT

Quote
TITLE I: DEFINITIONS

1. The follow words or terms shall be defined as such in this act:

A. Activate means the process of powering on a device and associating it with a new user account.

B. Device means a tablet or a smart phone sold in the Southern Region and manufactured on or after the date this bill takes effect.

C. Filter means software installed on a device that is capable of preventing the device from accessing or displaying material that is obscene as to minors through the Internet or any applications owned and controlled by the manufacturer and installed on the device.

D. Obscene as to minors means the same as that term is defined in the Obscene As To Minors Act.

E. Manufacturer means a person that is engaged in the business of manufacturing a device and conducts business with persons in the Southern Region.

F. Smart phone means an electronic device that combines a cell phone with a hand-held computer, typically offering Internet access, data storage, and text and email capabilities.

G. Tablet means a mobile device that is equipped with a mobile operating system, touchscreen display, and rechargeable battery; and has the ability to support access to a cellular network.


TITLE II: FILTERS

1. No manufacturer shall manufacture or sell a device in the Southern Region, unless when activated in the Southern Region, such device automatically enables a filter that:

A. when enabled, prevents the user from accessing or downloading material that is obscene as to minors on mobile data networks, applications owned and controlled by the manufacturer, wired Internet networks, and wireless Internet networks;

B. notifies the user of the device when the filter blocks the device from downloading an application or accessing a website;

C. gives a user with a passcode the opportunity to unblock a filtered application or website; and

D. reasonably precludes a user other than a user with a passcode the opportunity to deactivate, modify, or uninstall the filter.
2. A violation of this act shall be a misdemeanor punishable by disgorgement of any profits, imprisonment for no more than one (1) year, and a fine of $10,000.00 per device sold that lacks a filter.

3. This provision does not apply to a manufacturer that makes a good faith effort to provide a device that, upon activation of the device in the Southern Region, automatically enables a generally accepted and commercially reasonable method of filtration in accordance with this act and industry standards.

4. A minor may maintain a civil action to recover actual damages, punitive damages of up to $10,000, reasonable legal costs, and any equitable relief necessary to enforce this act against a manufacturer of a device if the device is activated in the Southern Region, the device does not, upon activation in the Southern Region, enable a filter that complies with the requirements described in this act, and the minor accesses material that is obscene as to minors on the device.

TITLE III: ENACTMENT

1. This act shall take effect immediately.

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