2020 -- S 2497
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LC004851
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2020
____________
AN ACT
RELATING TO COMMERCIAL LAW - GENERAL REGULATORY PROVISIONS -
INDECENT DECEPTIVE TRADE PRACTICES
Introduced By: Senator Elizabeth A. Crowley
Date Introduced: February 25, 2020
Referred To: Senate Commerce
(by request)
It is enacted by the General Assembly as follows:
1 SECTION 1. Legislative findings - Background.
2 The general assembly finds that:
3 (1) The United States Supreme Court in Ashcroft v. Am. Civil Liberties Union, 542 U.S.
4 656 (2004) found that the legislative branch "may undoubtedly act to encourage the use of
5 filters....It could also take steps to promote their development by industry, and their use by parents,"
6 which was the Supreme Court's way of signaling to the legislative branch to pass filter legislation
7 that requires consumers to opt in to having access to obscene materials that are harmful to minors
8 on Internet-enabled devices, since filters are the least restrictive means.
9 (2) The United States Supreme Court found in Ginsberg v. New York, 390 U.S. 629 (1968)
10 that a physical display state statute that required physical brick and mortar stores to put physical
11 obscene material behind a physical blinder rack was constitutional under first amendment
12 heightened scrutiny, which means that a digital blinder rack statute that requires digital retailers to
13 put digital obscene material behind a digital blinder rack is also constitutional on the same legal
14 basis.
15 (3) Because the Supreme Court of the United States in Paris Adult Theatre I v. Slaton, 413
16 U.S. 49 (1973) made it clear that the states have a compelling interest to uphold community
17 standards of decency, a statute requiring a filter deactivation fee regarding websites displaying
18 obscene material and an adult service business admission fee are constitutional for being rationally
 1 related to a narrowly tailored compelling state interest.
2 (4) The Texas Supreme Court in Combs v. Texas Entertainment Association, et al., 347
3 S.W. 3d 277 (Sup. Ct. Tex. 2011), relying on Federal Constitutional law, found that a statute that
4 required a five dollar ($5.00) admission fee to an adult service business that was to be remitted
5 back to the state to enable the state to uphold community standards of decency was constitutional
6 under First Amendment heightened scrutiny, which means that a one-time twenty dollar ($20.00)
7 filter deactivation fee to enter the digital strip club on Internet-enabled devices is constitutional on
8 the sale legal basis, if remitted to the state to be used in the same manner.
9 (5) Sex trafficking has moved from the street corner to the smartphone, which means that
10 making websites that facilitate human trafficking and prostitution inaccessible by default on
11 Internet-enabled devices will do more to curb the demand for such offenses more so than other
12 measure since the inception of the Internet.
13 (6) Live adult entertainment establishments contribute to a culture that tolerates the sexual
14 objectification and exploitation of women, and contribute to the need for community-based services
15 to respond to victims of all forms of sexual exploitation, including sexual harassment, trafficking,
16 and sexual assault.
17 (7) Crime statistics show that the presence of live adult entertainment establishments may
18 result in an increase in prohibited secondary sexual activities, such as prostitution, and other crimes
19 in the surrounding community.
20 (8) The general assembly is generally opposed to online censorship unless the content is
21 injurious to children or promotes human trafficking - only then is the general assembly for limited
22 censorship.
23 (9) Retailers of Internet-enabled devices market their products as being family-friendly
24 when they are often not, constituting unfair trade practices.
25 SECTION 2. Legislative findings - Upholding community standards of decency.
26 The general assembly finds that:
27 Some government and non-government groups in Rhode Island have been either working
28 to uphold community standards of decency or to combat sex-related offenses that could be
29 prospective beneficiaries of the grant fund under § 6-13.4-7. These include:
30 Rhode Island Human Trafficking Task Force, Sex Trafficking Law Enforcement Task
31 Force, RI Advocacy for Children, Children's Advocacy Center of Bristol County, Day One, Plan
32 USA, Because I am a Girl, Crossroads RI, Sojourner House Inc., Crossroads RI, Rhode Island
33 Coalition for the Homeless, Holy Family Home for Mothers and Children, Advent House Inc.,
34 Domestic Violence Resource Center of South County, Crossroads Family Shelter, House of Hope
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 1 Community Development Corporation, Lucy's Hearth, Community Care Alliance, Women's
2 Resource Center Newport County, Warm Shelter Inc., Children's Shelter-Blackstone, Welcome
3 House of South County, Women's Resource Center, Amos House, Urban League of RI, Crossroads
4 Rhode Island, Providence Rescue Mission; Crossroads RI (Providence); Rhode Island Coalition for
5 the Homeless (Pawtucket); Crossroads RI (West Warwick); Crossroads Family Shelter (Seekonk);
6 House of Hope Community Development Corporation (Warwick); Lucy's Hearth (Middletown);
7 Advent House Inc. (Providence); Holy Family Home for Mothers and Children (Providence);
8 Community Care Alliance (Woonsocket); Children's Shelter-Blackstone (Pawtucket); Verizon
9 Company Homeless Shelter (Pawtucket); Urban League of RI (Providence); Providence Rescue
10 Mission (Providence); Warm Shelter Inc. (Westerly); Welcome House of South County
11 (Wakefield); Amos House (Providence); Sojourner House Inc. (Providence); East Bay Coalition
12 For Homeless (Riverside); Crossroads Rhode Islands (North Kingstown); Rhode Island Family
13 Shelter (Warwick); Tanner House (Providence); Blackstone Valley Advocacy Center (Central
14 Falls,); McAuley House (Providence); Camp Street Community Ministries (Providence); WARM
15 Center Administration (Westerly); Emmanuel Men Shelter (Providence); Domestic Violence
16 Resource Center of South County (Wakefield); Elizabeth Buffum Chace Center (Warwick);
17 Women's Resource Center Newport County Office (Newport); The Salvation Army of Pawtucket,
18 RI (Pawtucket); YWCA (Woonsocket); Family Resource Center (Attleboro); Elizabeth Buffum
19 Chace House (Warwick); Harvest Community Church (Woonsocket); Good Neighbors
20 (Riverside); McAuley Village (Providence) ; Operation Stand Down (Johnston); The Salvation
21 Army of Newport , RI (Newport); St Paul's Church (Pawtucket); Providence In-Town Churches
22 Association (Providence); Women's Resource Center (Warren); McAuley Ministries (Providence);
23 Rhode Island Veterans' Home Community Living Center (Providence); Habitat For Humanity of
24 Rhode Island Greater Providence (Providence); St Joseph's Rectory (Newport); YWCA Greater RI
25 (Central Falls); Habitat for Humanity for Rhode Island South County (Charlestown); Community
26 Care Alliance (Woonsocket); Cumberland Manor (Cumberland); Project Hope (Providence); The
27 Salvation Army of Providence, RI (Providence); North American Family institute (Warwick);
28 Eastbay Community Action Program (Tiverton); Church Community Housing Corporation
29 (Newport); Catholic social services (Fall River); Rebuilding Together (Providence); North
30 American Family Insurance (Lincoln); Community Care Alliance (Woonsocket); Access
31 Emergency Shelter (Danielson); Galilee Mission (Narragansett); Always Home (Mystic);
32 Pawtucket Central Falls Development (Pawtucket); North American Family Institute (Pawtucket);
33 Community Care Alliance (Woonsocket); North Kingstown Food Pantry (North Kingstown);
34 Blackstone Valley Emergency Food Center (Pawtucket); Housing Network of Rhode Island
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 1 (Pawtucket); Parents Without Partners (Providence); Corp For Supportive Housing (Providence);
2 Habitat For Humanity-West Bay (Warwick); Operation Stand Down (West Warwick); Joe's Sock
3 Fund For Homeless (Attleboro); Neighborworks (Woonsocket); Council of Churches (Attleboro);
4 and other similar situated groups and individuals.
5 SECTION 3. Title 6 of the General Laws entitled "COMMERCIAL LAW - GENERAL
6 REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter:
7 CHAPTER 13.4
8 INDECENT DECEPTIVE TRADE PRACTICES ACT
9 6-13.4-1. Short title.
10 This chapter shall be known and may be cited as the "Indecent Deceptive Trade Practices
11 Act."
12 6-13.4-2. Definitions.
13 As used in this chapter:
14 (1) "Adult" has the same meaning as in § 11-67. l -2.
15 (2) "Cellular telephone" means a communication device containing a unique electronic
16 serial number that is programmed into its computer chip by its manufacturer and whose operation
17 is dependent on the transmission of that electronic serial number along with a mobile identification
18 on number, which is assigned by the cellular telephone carrier, in the form of radio signals through
19 cell sites and mobile switching stations.
20 (3) "Child pornography" has the same meaning as in § 11-9-1.3(c)(1) and 18 U.S.C. § 2256.
21 (4) "Computer" has the meaning given in 18 U.S.C. § 1030.
22 (5) "Consumer" means an individual who purchases or leases for personal, family, or
23 household purposes an Internet-enabled device.
24 (6) "Data communications device'' means an electronic device that receives electronic
25 information from one source and transmits or routes it to another, including, but not limited to, any
26 such bridge, router, switch, or gateway.
27 (7) "Filter" means a digital blocking capability, hardware or software that restricts or blocks
28 Internet access to websites, electronic mail, chat or other Internet-based communications based on
29 category, site, or content, and the term means a digital blinder rack that can be deactivated by a
30 retailer upon the satisfaction of certain nominal conditions.
31 (8) "Human trafficking" means the commission of an offense in violation of §§ 11-67.1-3
32 through 11-67.1-7.
33 (9) "Indecent for minors" has the same meaning as in § 11-31- 10.
34 (10) "Internet" has the same meaning as provided in 31 U.S.C. § 5362.
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 1 (11) "Internet-enabled device" means a cellular telephone, computer, data communications
2 device, or other product manufactured, distributed, or sold in this state that provides Internet access
3 or plays a material role in distributing content on the Internet.
4 (12) " Internet service provider" has the same meaning as in § 39-2-20.1.
5 (13) "Knowingly" has the same meaning as ascribed in § 11-31-1.
6 (14) "Live adult entertainment establishment" means a business in which, as the major
7 activity, customers congregate primarily for the purpose of viewing or associating with employees
8 who display anatomical areas designed to provide sexual stimulation or sexual gratification; human
9 genitals, the immediate pubic region, or pubic hair; buttocks to the extent of exposing the immediate
10 anal area; female breasts to points below the nipples; male genitals in a state of erection, even if
11 covered with opaque clothing; all of the above anatomical areas when covered only by transparent
12 or diaphanous clothing.
13 (15) "Minor" means a person under the age of eighteen (18) years.
14 (16) "Non-government group" means a nonprofit organization exempt from federal income
15 taxation under Section 501(c)(3), Internal Revenue Code of 1986, having as a primary purpose of
16 ending sexual violence in this state, or programs for the prevention of sexual violence, outreach
17 programs, and technical assistance to and support of youth and rape crisis centers working to
18 prevent sexual violence. The term also includes individuals and/or any group that is doing anything
19 to uphold community standards of decency.
20 (17) "Nude" means nudity as defined in § 11-31-10.
21 (18) "Obscene" has the same meaning and is established by the criteria provided in § 11-
22 31-1 and the term includes websites that:
23 (i) Are known to facilitate human trafficking or prostitution; and
24 (ii) Display or depict images that are indecent to minors or that constitute sado-masochistic
25 abuse, sexual conduct, or, revenge pornography.
26 (19) "Personal identification information" means any information that identifies a person,
27 including an individual's photograph, social security number, driver identification number, name,
28 email address, address or telephone number.
29 (20) "Prostitution" means an act in violation of § 11-34.1-2.
30 (21) "Retailer" means any person who regularly engages in the manufacturing, sale, offer
31 for sale or lease of Internet-enabled device or services in this state that make content accessible on
32 the Internet. The term includes Internet service providers and suppliers and manufacturers of
33 Internet-enabled devices that materially play a role in distributing content on the Internet or that
34 make content accessible that are subject to the jurisdiction of this state.
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 1 (22) "Revenge pornography distribution" means conduct in violation of § 11-64-3.
2 (23) "Sexual conduct" shall have the same meaning as ascribed in § 11- 31-1.
3 (24) "Social media website" means an Internet website or application that enables users to
4 communicate with each other by posting information, comments, messages, or images and that
5 meets all of the following requirements:
6 (i) Is open to the public;
7 (ii) Has more than seventy-five million (75,000,000) subscribers;
8 (iii) From its inception, has not been specifically affiliated with any one religion or political
9 party; and
10 (iv) Provides a means for the website's users to report obscene materials and has in place
11 procedures for evaluating those reports and removing obscene material.
12 6-13.4-3. Continuing duties of retailers of internet-enabled devices.
13 (a) A retailer that manufactures, sells, offers for sale, leases, or distributes an Internet-
14 enabled device shall ensure that the product is equipped with an active and operating filter prior to
15 sale that blocks by default websites that:
16 (1) Are known to facilitate human trafficking or prostitution; and
17 (2) Display child pornography, revenge pornography, or obscene material indecent for
18 minors.
19 (b) A retailer that manufactures, sells, offers for sale, leases, or distributes an Internet-
20 enabled device shall:
21 (1) Make reasonable and ongoing efforts to ensure that a product's filter functions properly;
22 (2) Establish a reporting mechanism, such as a website or call center, to allow a consumer
23 to report unblocked websites displaying content described in subsection (a) of this section or to
24 report blocked websites that are not displaying content described in subsection (a) of this section;
25 (3) Report child pornography received through the reporting mechanism to the National
26 Center For Missing and Exploited Children's cybertipline in accordance with 18 U .S.C. § 2258a;
27 (4) Not block access to websites that:
28 (i) Are social media websites that provide a means for the website's users to report obscene
29 materials and have in place procedures for evaluating those reports and removing obscene material;
30 (ii) Serve primarily as a search engine; or
31 (iii) Display complete movies that meet the qualifications for a "G," "PG," "PG-13," or "R"
32 rating by the Classification and Ratings Administration.
33 (c) Except as provided by subsection (d) of this section, a retailer shall not provide to a
34 consumer, methods, source code, or other operating instructions for deactivating a product's filter.
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 1 (d) A retailer of an Internet-enabled device shall deactivate the filter after a consumer;
2 (1) Requests that the capability be disabled;
3 (2) Presents personal identification information to verify that the consumer is eighteen (18)
4 years of age or older;
5 (3) Acknowledges receiving a warning regarding the potential danger of deactivating the
6 filter; and
7 (4) Pays a one-time twenty dollar ($20.00) filter deactivation fee to be remitted quarterly
8 to the division of taxation to be deposited into the Rhode Island human trafficking and child
9 exploitation prevention grant fund established pursuant to § 6-13.4-7.
10 (e) The filter deactivation fee of this section is not content based but collected and remitted
11 to the division of taxation to help the state bear the costs of upholding community standards of
12 decency and of combating sex-related offenses, and is to be used as set forth in § 6-13.4-7. The
13 division of taxation shall proscribe the administration, payment, collection and enforcement of the
14 fee imposed by this section. The division of taxation may annually adju