MONTGOMERY — On Wednesday, the House Commerce and Small Business Standing committee advanced legislation by State Sen. Clyde Chambliss (R-Prattville) to activate the adult content filter on all electronic devices used by minors.
Senate Bill 186 (SB186) would require manufacturers of "certain Internet-enabled devices," including smartphones and tablets, to require that devices manufactured on or after June 1 contain a filter that is enabled during the device's activation if the user is a minor and only allow a user with a password to deactivate or reactivate the filter. The bill would also subject device manufacturers that violate this act to civil liability and provide for penalties.
The filters are already on all smartphones, tablets and virtually every electronic device with internet capabilities. The bill was amended in the Senate to remove the requirement for gaming consoles.
A related bill, also sponsored by Chambliss, is currently awaiting action in the House Children and Senior Advocacy Committee. Senate Bill 187 (SB187) would require app store providers to verify users' ages, affiliate minor accounts with parent accounts, and obtain consent from the parent account holder.
Similar attempts have been made in the legislature and have failed for the past two years.
Both bills earned a filibuster from Democratic senators, eventually leading to Senate leadership cloturing debate.
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Social conservative groups supported the bills in February's Senate committee, while the big tech and business industries opposed them.
At Wednesday's House committee meeting, Democratic lawmakers abstained from voting on the bill rather than voting against it.
State Rep. Chris Sells (R-Greenville) presented the bill before the committee, vigorously defending its content while expressing concern that the bills have taken years and not reached the finish line.
State Rep. Phillip Ensler (D-Montgomery) asked what additional cost the bill would bring, to which Sells assured it would not.
"It's the same phone," Sells replied. "The phone you have in your pocket, it's the same phone that everybody has all over the world. That's why, when you set it up, you see that it's got 200 languages on it; that's because it's the same phone. So, this bill has been passed and is already enacted in Utah, so we're not doing anything new. We would have been ahead of the game, now we're following Utah. The filter is on the phone. It's a software update."
Ensler later asked if the filter could potentially cause content access issues for students researching things like slavery and the Holocaust.
"I don't have any idea," Sells stated. "It could apply, but, you know, nothing we do up here is 100%. Will this work 100%? Absolutely not. Could they find a way to get around it? I'm sure somebody can. But I think we need to do something."
State Rep. Adline Clarke (D-Mobile) also relayed slight pushback, asking Sells to respond to constituents who allegedly claimed the bill was "government overreach."
"Well, they must not love their children, is all I can tell you," Sells said. "For us to allow this to happen for so many years, to me, is just unbelievable. I mean, we talk about children and what they see on their phones is just unbelievable."
Clarke retorted, "I think the feeling is that it's the parents' responsibility."
"Well, that's now happening," Sells replied. "So is alcohol. We can say, 'Hey, y'all, don't drink,' but we regulate that. We can say, 'Hey, y'all. Don't smoke,' but we regulate that. So, if it's the parents' responsibility, you can go across the board."
The bill eventually passed with a favorable report, with only Clarke and Ensler abstaining.
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