Eight US States Mull Anti-Porn Bills And It Would Likely Affect Device Makers

Several U.S. states are currently mulling over anti-pornography bills that would require phone and tablet makers to implement filters that block sexually explicit content. These filters would be enabled by default, and users would need a passcode to disable them. The bills, which were introduced this year, specifically require that the filters prevent children from accessing adult content via mobile data networks, manufacturer-owned applications, and wired or wireless internet networks. To be precise, eight states in the United States are currently considering the move and it could be a reality in those states at some point this year. 

Many phone and tablet manufacturers already offer adult content filters, but they are typically not turned on by default. Some device makers have even developed advanced filters that use artificial intelligence to censor images in certain applications. However, the proposed bills seek to make these filters mandatory and activated upon purchase of the device.

Utah passed a similar bill in 2021, but it will only take effect if five additional states pass similar laws to avoid tech companies isolating Utah. Florida, South Carolina, Maryland, Tennessee, Iowa, Idaho, Texas, and Montana lawmakers are all currently considering their versions of the bill, with Montana and Idaho’s versions being the most advanced in the process.

The original blueprint legislation was proposed by the National Center on Sexual Exploitation and Protect Young Eyes, both advocacy organizations focused on child safety. They initially intended for the bill to mandate adult filters for web browsers only, which were already present in phones but were not turned on by default in 2019 when the draft legislation was created.

Apple introduced a new feature in 2021 that allows users to enable filters on their devices to scan messages for nudity. The filter can automatically blur any images that are suspected to contain nudity. Users also have the option to connect to parents or help resources. This feature can be enabled by an adult administrator for children.

Several state bills are currently under consideration that would make device manufacturers liable for penalties if they don’t have filters enabled that meet industry standards. However, these bills don’t specify what these standards are or whether messaging filters are included.

The National Center on Sexual Exploitation (NCOSE) crafted the original model bill, which aimed to address child access to internet pornography in a way that avoided legal challenges. The bill was eventually introduced in Utah after it was provided to interested parties across the country.

Since the bill passed in Utah, many people have reached out to NCOSE expressing interest in implementing similar legislation in their states. Montana child safety organization Project STAND learned about the bill through a presentation by a child safety coalition and worked with NCOSE to introduce the bill to Montana lawmakers.

What Device Makers Are Doing

If passed and enforced, the anti-porn bills being debated in some US states would require phone and tablet manufacturers to automatically enable filters that censor nude and sexually explicit content. The filters would prevent children from downloading sexually explicit content via mobile data networks, applications owned and controlled by the manufacturer, and wired or wireless internet networks. The only way to disable the filters would be through passcodes, which would be forbidden for children to have except when provided by a parent.

Device makers are taking different approaches to the proposed legislation. Some, such as Apple, already offer adult content filters on their devices, while others may need to modify their products to comply with the new regulations. However, some device makers may resist the legislation, arguing that it is not their responsibility to monitor or censor the internet usage of their customers.

Advantages of the proposed anti-pornography law include:

1. Protecting children: By automatically enabling filters that censor sexually explicit content on devices, children would be less likely to be exposed to inappropriate content, which can have negative effects on their mental health and development.
2. Increasing parental control: The passcode system would give parents more control over what content their children can access on their devices, allowing them to filter out inappropriate content.
3. Addressing a growing concern: The widespread availability of sexually explicit content on the internet is a growing concern for many parents, educators, and advocacy groups. These bills are an attempt to address this issue and provide a solution.

Disadvantages of the proposed anti-pornography law include:

1. Limiting adult freedom: These bills could limit adults’ access to legal adult content and restrict their freedom to consume content they find appropriate.
2. Over-blocking: Automatic filters may also over-block non-pornographic content, which could lead to unintended consequences, such as limiting access to educational or health-related information.
3. Difficulty in enforcement: It may be difficult to enforce these laws, particularly since passcodes could be easily shared or distributed, rendering them ineffective.

4. Responsibility of device makers: It could be argued that device makers should not be responsible for monitoring or censoring the internet usage of their customers, and that the responsibility lies with parents and individual users.