SB 112-06: Phone Service Improvement Act (Passed)

[Mr. Reactionary]

PHONE SERVICE IMPROVEMENT ACT

TITLE I: HARMONIZED SUICIDE PREVENTION NUMBER

1. Any telecommunications provider in Atlasia that contracts for the provision of telephone, fax, or pager service shall not when assigning phone, fax, or pager numbers assign the area code 988 or assign a phone, fax, or pager number beginning with 988. 988 shall be exclusively reserved for assignment to the National Suicide Prevention Hotline and any affiliates, contractors, agents, or volunteers thereof.

2. It shall be a misdemeanor punishable by a fine of not more than $5,000.00 per call, fax, or page for any telecommunications provider to assign any phone call, fax, or page including the prefatory area code 988 or the first three (3) digits 988 in violation of this act.

TITLE II: ANTI-SPOOFING

1. As used in this title:

A. Caller identification information means data that identifies the identity of the caller or the caller's telephone number to the recipient of a telephone call or to the recipient's telephone network.

B. False caller identification information means data that misrepresents the identity of the caller or the caller's telephone number to the recipient of a telephone call or to the recipient's telephone network.

2. It shall be a misdemeanor punishable by imprisonment for no more than six (6) months and a fine of no more than $10,000.00 for any person who, with the intent to defraud, intimidate, or harass, causes a telephone in another region to ring and engages in conduct that results in the display of false caller identification information on the called party's telephone.

3. This title shall not apply to:

A. The blocking of caller identification information;

B. Any law-enforcement agencies or any law-enforcement officer while he is engaged in the performance of his official duties;

C. Any telecommunications, broadband, or Voice-over-Internet protocol (VOIP) service provider that is acting in its capacity as an intermediary for the transmission of telephone service between the caller and the recipient, providing or configuring a service or service feature as requested by a customer, acting in a manner that is authorized or required by law, or engaging in other conduct that is a necessary incident to the provision of service.

TITLE III: ANTI-HARASSMENT

1. Any person who, with or without intent to communicate but with intent to annoy any other person, causes any telephone or digital pager, not his or her own, located in another region to ring or to otherwise signal, and any person who permits or condones the use of any telephone under his control for such purpose, is guilty of a misdemeanor punishable by a fine of not more than $1,000.00. A second or subsequent conviction under this provision is punishable by a fine of not more than $5,000.00 if such prior conviction occurred before the date of the offense charged.

2. Any person who, with or without intent to converse, but with intent to annoy, harass, hinder, or delay emergency personnel in the performance of their duties as such, causes a telephone in another region to ring, which is owned or leased for the purpose of receiving emergency calls by a public or private entity providing fire, police, or emergency medical services, and any person who knowingly permits the use of a telephone under his control for such purpose, is guilty of a misdemeanor punishable by imprisonment for not more than sixty (60) days and a fine of not more than $5,000.00. A second or subsequent conviction under this provision is punishable by imprisonment for not less than ten (10) days and not more than ninety (90) days and a fine of not less than $2,000.00 and not more than $10,000.00 if such prior conviction occurred before the date of the offense charged.

TITLE IV: ANTI-TRAFFIC PUMPING

1. For the purposes of this title, the term access stimulation charge means any switched access charge assessed by a local exchange carrier for delivery of interstate telecommunications to an entity that:

A. Provides a free or below cost service, discount, credit, or other product offering to any person calling a telephone number assigned by the local exchange carrier to an entity's service; and

B. Purchases no end user services for the provision of the free service and has a financial or contractual interest, which is either direct or indirect, in the intercarrier compensation revenue received by a telecommunications carrier, including access charges or reciprocal compensation for delivering calls to the telephone numbers assigned to any entity providing the free or below cost service.

2. No local exchange carrier (LEC) may assess an access stimulation charge. No access stimulation charge may be applied to any intrastate intraMTA telecommunications service which is originated by a commercial mobile radio service provider and terminated by an LEC.

3. An LEC is not engaged in the provisions of local exchange service if the carrier delivers calls to an entity that has a financial or contractual interest, which is either direct or indirect, in the intercarrier compensation revenue received by the local exchange carrier for processing any telephone traffic that is subject to an access stimulation charge as defined in herein.

4. An entity that has a financial or contractual interest, which is either direct or indirect, in the intercarrier compensation revenue received by an LEC for delivering calls to the telephone numbers assigned to the entity is not an end user of or subscriber of the LEC's telecommunications services.

5. No adult entertainer may enter into a fee sharing agreement with a Local Exchange Carrier (LEC) for the purpose of routing bulk phone calls through an LEC to pump traffic.

6. Any interstate telecommunications provider that contracts with a licensed adult entertainer, licensed prostitute, or licensed brothel for the provision of telephone, fax, or pager service related to the provision of prostitution adult entertainment shall assign such phone, fax, or pager number with the prefatory area code 666.

 7. Any person who violates this title is subject to a civil penalty to be imposed by the Attorney General after notice and opportunity for hearing. The civil penalty may not exceed twenty thousand dollars ($20,000.00) for each day there is a violation of this title. In determining the amount of the penalty upon finding a violation, or the amount of the compromise settlement, the Attorney General shall consider the appropriateness of the penalty to the size of the business of the person charged, prior offenses and compliance history, the good faith efforts of the person charged in attempting to achieve compliance, and such other matters as justice may require. All penalties collected pursuant to this section shall be deposited in the federal treasury. In addition to assessing a civil penalty for a violation of this Act, the Attorney General may revoke or suspend a telecommunications company's license to operate in interstate commerce for repeated offenses.

TITLE V: ANTI-LOCATION TRACKING

1. Any data broker as defined by law who collects data in Atlasian commerce, or who acquires data on residents of Atlasia is hereby prohibited from selling location data acquired from cellphone or internet applications or usage, regardless of if the data is anonymized or masked.

A. A violation of this paragraph 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 individual person whose data was sold. Any data collected in violation of this paragraph shall be subject to forfeiture.

B. A customer whose location was unlawfully sold pursuant to this paragraph 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.

TITLE VI: PARENTAL PROTECTIONS

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

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 Atlasia 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 by the region in which such device is located.

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

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.

2. No manufacturer shall manufacture or sell a device in Atlasia, unless when activated, 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.

3. 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.

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

5. 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 Atlasia, the device does not, upon activation therein, 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 VII: EFFECTIVE DATE

9. This act shall take effect forty-five (45) days from the date of passage.

Sponsor: Westmidlander

Debate is now open on this bill.

[Mr. Reactionary]

These seem like commonsense consumer protections to increase privacy and reduce long distance charges for rural customers. Preventing spoofing and spam harassment is good, as is banning the sale of our private location data. The parental lock ensures parents can protect their kids without inconveniencing adult customers. Traffic pumping is when certain regulated phone providers unnecessarily route high volume traffic in a way to impose higher overall costs on customers so Im glad this limits that to reduce phone service costs. And I think having 988 as the uniform suicide hotline # like in real life makes sense.

[Southern Senator North Carolina Yankee]

Is 988 currently used elsewhere by any location or provider?

[Mr. Reactionary]

Is 988 currently used elsewhere by any location or provider?

It would appear some minor use, including Wisconsin.


https://en.m.wikipedia.org/wiki/988_Suicide_%26_Crisis_Lifeline

[Mr. Reactionary]

Everyone good?

[Mr. Reactionary]

I move we proceed to a final vote. 24 hours to object.

[Mr. Reactionary]

A final vote is now open on this bill lasting until 11:59 PM Eastern Friday night or until everyone votes whichever occurs soonest. Please vote aye, nay, or abstain.

PHONE SERVICE IMPROVEMENT ACT

TITLE I: HARMONIZED SUICIDE PREVENTION NUMBER

1. Any telecommunications provider in Atlasia that contracts for the provision of telephone, fax, or pager service shall not when assigning phone, fax, or pager numbers assign the area code 988 or assign a phone, fax, or pager number beginning with 988. 988 shall be exclusively reserved for assignment to the National Suicide Prevention Hotline and any affiliates, contractors, agents, or volunteers thereof.

2. It shall be a misdemeanor punishable by a fine of not more than $5,000.00 per call, fax, or page for any telecommunications provider to assign any phone call, fax, or page including the prefatory area code 988 or the first three (3) digits 988 in violation of this act.

TITLE II: ANTI-SPOOFING

1. As used in this title:

A. Caller identification information means data that identifies the identity of the caller or the caller's telephone number to the recipient of a telephone call or to the recipient's telephone network.

B. False caller identification information means data that misrepresents the identity of the caller or the caller's telephone number to the recipient of a telephone call or to the recipient's telephone network.

2. It shall be a misdemeanor punishable by imprisonment for no more than six (6) months and a fine of no more than $10,000.00 for any person who, with the intent to defraud, intimidate, or harass, causes a telephone in another region to ring and engages in conduct that results in the display of false caller identification information on the called party's telephone.

3. This title shall not apply to:

A. The blocking of caller identification information;

B. Any law-enforcement agencies or any law-enforcement officer while he is engaged in the performance of his official duties;

C. Any telecommunications, broadband, or Voice-over-Internet protocol (VOIP) service provider that is acting in its capacity as an intermediary for the transmission of telephone service between the caller and the recipient, providing or configuring a service or service feature as requested by a customer, acting in a manner that is authorized or required by law, or engaging in other conduct that is a necessary incident to the provision of service.

TITLE III: ANTI-HARASSMENT

1. Any person who, with or without intent to communicate but with intent to annoy any other person, causes any telephone or digital pager, not his or her own, located in another region to ring or to otherwise signal, and any person who permits or condones the use of any telephone under his control for such purpose, is guilty of a misdemeanor punishable by a fine of not more than $1,000.00. A second or subsequent conviction under this provision is punishable by a fine of not more than $5,000.00 if such prior conviction occurred before the date of the offense charged.

2. Any person who, with or without intent to converse, but with intent to annoy, harass, hinder, or delay emergency personnel in the performance of their duties as such, causes a telephone in another region to ring, which is owned or leased for the purpose of receiving emergency calls by a public or private entity providing fire, police, or emergency medical services, and any person who knowingly permits the use of a telephone under his control for such purpose, is guilty of a misdemeanor punishable by imprisonment for not more than sixty (60) days and a fine of not more than $5,000.00. A second or subsequent conviction under this provision is punishable by imprisonment for not less than ten (10) days and not more than ninety (90) days and a fine of not less than $2,000.00 and not more than $10,000.00 if such prior conviction occurred before the date of the offense charged.

TITLE IV: ANTI-TRAFFIC PUMPING

1. For the purposes of this title, the term access stimulation charge means any switched access charge assessed by a local exchange carrier for delivery of interstate telecommunications to an entity that:

A. Provides a free or below cost service, discount, credit, or other product offering to any person calling a telephone number assigned by the local exchange carrier to an entity's service; and

B. Purchases no end user services for the provision of the free service and has a financial or contractual interest, which is either direct or indirect, in the intercarrier compensation revenue received by a telecommunications carrier, including access charges or reciprocal compensation for delivering calls to the telephone numbers assigned to any entity providing the free or below cost service.

2. No local exchange carrier (LEC) may assess an access stimulation charge. No access stimulation charge may be applied to any intrastate intraMTA telecommunications service which is originated by a commercial mobile radio service provider and terminated by an LEC.

3. An LEC is not engaged in the provisions of local exchange service if the carrier delivers calls to an entity that has a financial or contractual interest, which is either direct or indirect, in the intercarrier compensation revenue received by the local exchange carrier for processing any telephone traffic that is subject to an access stimulation charge as defined in herein.

4. An entity that has a financial or contractual interest, which is either direct or indirect, in the intercarrier compensation revenue received by an LEC for delivering calls to the telephone numbers assigned to the entity is not an end user of or subscriber of the LEC's telecommunications services.

5. No adult entertainer may enter into a fee sharing agreement with a Local Exchange Carrier (LEC) for the purpose of routing bulk phone calls through an LEC to pump traffic.

6. Any interstate telecommunications provider that contracts with a licensed adult entertainer, licensed prostitute, or licensed brothel for the provision of telephone, fax, or pager service related to the provision of prostitution adult entertainment shall assign such phone, fax, or pager number with the prefatory area code 666.

 7. Any person who violates this title is subject to a civil penalty to be imposed by the Attorney General after notice and opportunity for hearing. The civil penalty may not exceed twenty thousand dollars ($20,000.00) for each day there is a violation of this title. In determining the amount of the penalty upon finding a violation, or the amount of the compromise settlement, the Attorney General shall consider the appropriateness of the penalty to the size of the business of the person charged, prior offenses and compliance history, the good faith efforts of the person charged in attempting to achieve compliance, and such other matters as justice may require. All penalties collected pursuant to this section shall be deposited in the federal treasury. In addition to assessing a civil penalty for a violation of this Act, the Attorney General may revoke or suspend a telecommunications company's license to operate in interstate commerce for repeated offenses.

TITLE V: ANTI-LOCATION TRACKING

1. Any data broker as defined by law who collects data in Atlasian commerce, or who acquires data on residents of Atlasia is hereby prohibited from selling location data acquired from cellphone or internet applications or usage, regardless of if the data is anonymized or masked.

A. A violation of this paragraph 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 individual person whose data was sold. Any data collected in violation of this paragraph shall be subject to forfeiture.

B. A customer whose location was unlawfully sold pursuant to this paragraph 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.

TITLE VI: PARENTAL PROTECTIONS

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

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 Atlasia 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 by the region in which such device is located.

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

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.

2. No manufacturer shall manufacture or sell a device in Atlasia, unless when activated, 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.

3. 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.

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

5. 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 Atlasia, the device does not, upon activation therein, 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 VII: EFFECTIVE DATE

9. This act shall take effect forty-five (45) days from the date of passage.

[PPT Spiral]

Aye

[Mr. Reactionary]

Aye

[Saint Milei]

Aye

[OSR stands with Israel]

Aye

[Utah Neolib]

Aye

[SevenEleven]

Aye.

[GregTheGreat657]

Aye

[West_Midlander]

Aye

[FT-02 Senator A.F.E. 🇵🇸🤝🇺🇸🤝🇺🇦]

Aye

[Spark]

Aye

[Devout Centrist]

Aye

[Deep Dixieland Senator, Muad'dib (OSR MSR)]

Aye

[Mr. Reactionary]

13 hours left. 5 still need to vote.

[Southern Senator North Carolina Yankee]

Aye

[S019]

Aye

[Mr. Reactionary]

Bill passes 15-0-0-3.

[Mr. Reactionary]

PHONE SERVICE IMPROVEMENT ACT

TITLE I: HARMONIZED SUICIDE PREVENTION NUMBER

1. Any telecommunications provider in Atlasia that contracts for the provision of telephone, fax, or pager service shall not when assigning phone, fax, or pager numbers assign the area code 988 or assign a phone, fax, or pager number beginning with 988. 988 shall be exclusively reserved for assignment to the National Suicide Prevention Hotline and any affiliates, contractors, agents, or volunteers thereof.

2. It shall be a misdemeanor punishable by a fine of not more than $5,000.00 per call, fax, or page for any telecommunications provider to assign any phone call, fax, or page including the prefatory area code 988 or the first three (3) digits 988 in violation of this act.

TITLE II: ANTI-SPOOFING

1. As used in this title:

A. Caller identification information means data that identifies the identity of the caller or the caller's telephone number to the recipient of a telephone call or to the recipient's telephone network.

B. False caller identification information means data that misrepresents the identity of the caller or the caller's telephone number to the recipient of a telephone call or to the recipient's telephone network.

2. It shall be a misdemeanor punishable by imprisonment for no more than six (6) months and a fine of no more than $10,000.00 for any person who, with the intent to defraud, intimidate, or harass, causes a telephone in another region to ring and engages in conduct that results in the display of false caller identification information on the called party's telephone.

3. This title shall not apply to:

A. The blocking of caller identification information;

B. Any law-enforcement agencies or any law-enforcement officer while he is engaged in the performance of his official duties;

C. Any telecommunications, broadband, or Voice-over-Internet protocol (VOIP) service provider that is acting in its capacity as an intermediary for the transmission of telephone service between the caller and the recipient, providing or configuring a service or service feature as requested by a customer, acting in a manner that is authorized or required by law, or engaging in other conduct that is a necessary incident to the provision of service.

TITLE III: ANTI-HARASSMENT

1. Any person who, with or without intent to communicate but with intent to annoy any other person, causes any telephone or digital pager, not his or her own, located in another region to ring or to otherwise signal, and any person who permits or condones the use of any telephone under his control for such purpose, is guilty of a misdemeanor punishable by a fine of not more than $1,000.00. A second or subsequent conviction under this provision is punishable by a fine of not more than $5,000.00 if such prior conviction occurred before the date of the offense charged.

2. Any person who, with or without intent to converse, but with intent to annoy, harass, hinder, or delay emergency personnel in the performance of their duties as such, causes a telephone in another region to ring, which is owned or leased for the purpose of receiving emergency calls by a public or private entity providing fire, police, or emergency medical services, and any person who knowingly permits the use of a telephone under his control for such purpose, is guilty of a misdemeanor punishable by imprisonment for not more than sixty (60) days and a fine of not more than $5,000.00. A second or subsequent conviction under this provision is punishable by imprisonment for not less than ten (10) days and not more than ninety (90) days and a fine of not less than $2,000.00 and not more than $10,000.00 if such prior conviction occurred before the date of the offense charged.

TITLE IV: ANTI-TRAFFIC PUMPING

1. For the purposes of this title, the term access stimulation charge means any switched access charge assessed by a local exchange carrier for delivery of interstate telecommunications to an entity that:

A. Provides a free or below cost service, discount, credit, or other product offering to any person calling a telephone number assigned by the local exchange carrier to an entity's service; and

B. Purchases no end user services for the provision of the free service and has a financial or contractual interest, which is either direct or indirect, in the intercarrier compensation revenue received by a telecommunications carrier, including access charges or reciprocal compensation for delivering calls to the telephone numbers assigned to any entity providing the free or below cost service.

2. No local exchange carrier (LEC) may assess an access stimulation charge. No access stimulation charge may be applied to any intrastate intraMTA telecommunications service which is originated by a commercial mobile radio service provider and terminated by an LEC.

3. An LEC is not engaged in the provisions of local exchange service if the carrier delivers calls to an entity that has a financial or contractual interest, which is either direct or indirect, in the intercarrier compensation revenue received by the local exchange carrier for processing any telephone traffic that is subject to an access stimulation charge as defined in herein.

4. An entity that has a financial or contractual interest, which is either direct or indirect, in the intercarrier compensation revenue received by an LEC for delivering calls to the telephone numbers assigned to the entity is not an end user of or subscriber of the LEC's telecommunications services.

5. No adult entertainer may enter into a fee sharing agreement with a Local Exchange Carrier (LEC) for the purpose of routing bulk phone calls through an LEC to pump traffic.

6. Any interstate telecommunications provider that contracts with a licensed adult entertainer, licensed prostitute, or licensed brothel for the provision of telephone, fax, or pager service related to the provision of prostitution or adult entertainment shall assign such phone, fax, or pager number with the prefatory area code 666.

 7. Any person who violates this title is subject to a civil penalty to be imposed by the Attorney General after notice and opportunity for hearing. The civil penalty may not exceed twenty thousand dollars ($20,000.00) for each day there is a violation of this title. In determining the amount of the penalty upon finding a violation, or the amount of the compromise settlement, the Attorney General shall consider the appropriateness of the penalty to the size of the business of the person charged, prior offenses and compliance history, the good faith efforts of the person charged in attempting to achieve compliance, and such other matters as justice may require. All penalties collected pursuant to this section shall be deposited in the federal treasury. In addition to assessing a civil penalty for a violation of this Act, the Attorney General may revoke or suspend a telecommunications company's license to operate in interstate commerce for repeated offenses.

TITLE V: ANTI-LOCATION TRACKING

1. Any data broker as defined by law who collects data in Atlasian commerce, or who acquires data on residents of Atlasia is hereby prohibited from selling location data acquired from cellphone or internet applications or usage, regardless of if the data is anonymized or masked.

A. A violation of this paragraph 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 individual person whose data was sold. Any data collected in violation of this paragraph shall be subject to forfeiture.

B. A customer whose location was unlawfully sold pursuant to this paragraph 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.

TITLE VI: PARENTAL PROTECTIONS

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

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 Atlasia 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 by the region in which such device is located.

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

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.

2. No manufacturer shall manufacture or sell a device in Atlasia, unless when activated, 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.

3. 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.

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

5. 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 Atlasia, the device does not, upon activation therein, 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 VII: EFFECTIVE DATE

9. This act shall take effect forty-five (45) days from the date of passage.

Passed 15-0-0-3 in the Atlasian Senate Assembled.

- R, PPT