Idaho bill requiring smartphone porn filter advances to Senate

BOISE — (IdahoEdNews.org) A bill requiring that device manufacturers enable pornography filters for minor users is heading to the Senate.

Smartphone and tablet manufacturers would have to automatically turn on software that filters pornography on internet browsers, according to Senate Bill 1253.

“What we’re asking them to do is not a huge lift, it is not that hard,” bill sponsor Sen. Kevin Cook told the Senate State Affairs Committee Monday.

Cook, R-Idaho Falls, said the requirement wouldn’t apply to smartphone retailers or social media apps — only to manufacturers, like Apple and Samsung, which hold patents to operating systems. Cook compared the filtering technology to devices’ ability to recognize daylight saving time and automatically change the time based on a user’s location.

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Several technology trade associations opposed the bill during Monday’s hearing. Association representatives argued that developing technology on a state-by-state basis would be burdensome and could inadvertently filter constitutionally protected speech; devices already have optional content filters; and parents, not private industry or the government, are responsible for moderating their children’s internet use.

“We believe this legislation would immediately invite constitutional challenges, as the act would infringe on freedom of speech by making censorship the default state whenever a device is activated in Idaho,” said Amy Bos, director of state and federal affairs for technology industry group NetChoice. That group is suing Ohio for a law requiring that social media companies get parental consent before allowing someone under 16 to use their services.

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SB 1253 supporters said the requirement would be easily implemented — devices already have the software. Apple and Android smartphones and tablets come with software that filters pornography. It has to be enabled, however, while Cook’s bill would require that it’s automatically switched on for devices given to children.

“All of us know that tech manufacturers are capable of almost anything,” said Chris McKenna, founder and CEO of Protect Young Eyes, a group that shares how-to guides on enabling existing filters on smartphones and tablets. Devices already know where you are and how old you are and can block pornography, McKenna said. “SB 1253 recognizes these realities and simply asks manufacturers to turn it on, blocking access to harmful obscenity when the device has been activated by a child.”

The mayors of two Eastern Idaho cities, Rexburg and Sugar City, also testified in support. Sugar City Mayor Steven Adams, who holds a doctorate in education, said SB 1253 is “an infinitesimally small way to address” an “incredibly dangerous element of our society.”

The committee unanimously voted to advance the legislation, recommending that it pass. Republican leaders had biting questions for the industry representatives who opposed it.

Why are technology companies “so hell bent on making sure that the phone is absolutely accessible to pornography the minute it goes out the door?” Senate Majority Leader Kelly Anthon, R-Burley, asked Bos. “What harm would it be to turn the filter?”

Bos responded, “I don’t think that’s the harm. Again, the harm is when the government mandates it.”

The bill now heads to the Senate floor. Last year, the Senate rejected a similar bill with more stringent requirements, by one vote.