Includes whereas clauses.
Adds new Article 9 to GS Chapter 73, to be known as the "Human Trafficking and Child Exploitation Prevention Act." Requires a retailer that manufactures, sells, offers for sale, leases, or distributes an internet-enabled device (retailer) to ensure that the product is equipped with an active and operating filter before sale that blocks, by default, websites that: (1) are known to facilitate human trafficking or prostitution; or (2) display child pornography, revenge pornography, or obscene material harmful to minors. Requires those same retailers to (1) make ongoing efforts to ensure that a product's filter functions properly; (2) establish a reporting mechanism for consumer to report unblocked websites displaying the content described above or to report blocked websites that are not displaying such content; (3) report child pornography received through the reporting mechanism; and (4) establish a procedure to avoid blocking access to websites that are social media sites that allow uses to report obscene materials and have a process for remove that material, serve as a search engine, or display movies that have the specified ratings. Sets out conditions under which the retailer must deactivate a consumer's filter.
Sets out the process for unblocking a website that is not displaying the above described content, including allowing a consumer to seek judicial relief. Allows the Attorney General to file suit when a retailer fails to respond to a report of a website displaying the described content that has breached the filter; set out allowable damages in such cases, which may also be brought by a consumer.
Prohibits a retailer from knowingly: (1) selling an internet-enabled device without an activated filter that at least makes an attempt to block by default websites that display the described content; (2) violating GS 75-153(c) which prohibits providing provide a consumer with instructions on deactivating a product's filter; (3) failing to comply with the requirements of GS 75-153(d) setting out requirements to be met before deactivating a filter; and (4) disclosing to a third party the name or the personal identification information of adult consumers who have elected to deactivate a product's filter. First offenses are subject to a fine of not to exceed $1,000, increasing to $2,500 for each subsequent offense. Makes it a Class 3 misdemeanor when a retailer that commits an offense under this statute while already having one such prior conviction; makes it Class 2 misdemeanor when there are two or more such prior convictions. Also makes violations an unfair and deceptive practice subjected to the penalties under GS 75-15-2.
Exempts from the act: (1) an occasional sale of an internet-enabled device by a person that is not regularly engaged selling internet-enabled devices; (2) products produced or sold before the act's effective date; (3) independent third-party routers that are not affiliated with an internet service provider; and (4) a retailer of an internet-enabled device that is not subject to NC jurisdiction.
Effective on the first day of January following the day on which at least five other states enact substantially similar legislation.
Bill S 714 (2021-2022)Summary date: Apr 9 2021 - View summary