Missouri HB 2286: Establishes the Modernization Decency Act.

Bill Text

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SECOND REGULAR SESSION
HOUSE BILL NO. 2286
100TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE HANNEGAN.
5068H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To amend chapter 407, RSMo, by adding thereto ten new sections relating to the modernization
decency act, with penalty provisions and a contingent effective date.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 407, RSMo, is amended by adding thereto ten new sections, to be
2 known as sections 407.1900, 407.1902, 407.1904, 407.1906, 407.1908, 407.1910, 407.1912,
3 407.1914, 407.1916, and 407.1918, to read as follows:
407.1900. Sections 407.1900 to 407.1918 shall be known and may be cited as the
2 "Modernization Decency Act".
407.1902. As used in sections 407.1900 to 407.1918, the following terms mean:
2 (1) "Adult cabaret", as defined under section 573.010;
3 (2) "Algorithm", a set of instructions designed to perform a specific task;
4 (3) "Cellular telephone", a communication device containing a unique electronic
5 serial number that is programmed into its computer chip by its manufacturer and whose
6 operation is dependent on the transmission of that electronic serial number along with a
7 mobile identification number, which is assigned by the cellular telephone carrier, in the
8 form of radio signals through cell sites and mobile switching stations;
9 (4) "Child pornography", as defined under 18 U.S.C. Section 2256 and section
10 573.010;
11 (5) "Computer", as defined under 18 U.S.C. Section 1030;
12 (6) "Consumer", an individual who purchases or leases for personal, family, or
13 household purposes an internet-enabled device;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

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14 (7) "Data communications device", an electronic device that receives electronic
15 information from one source and transmits or routes it to another including, but not
16 limited to, any such bridge, router, switch, or gateway;
17 (8) "Digital blocking capability", hardware or software that restricts or blocks
18 internet access to websites, email, chat, or other internet-based communications based on
19 category, site, or content. "Digital blocking capability" also means a filter or a digital
20 blinder rack that can be deactivated by a retailer upon the satisfaction of certain nominal
21 conditions;
22 (9) "Explicit sexual material", as defined under section 573.010;
23 (10) "Hate speech", a phrase concerning content that an individual finds offensive
24 based on his or her personal moral code;
25 (11) "Human trafficking", sex trafficking and is an offense under section 566.206,
26 566.209, 566.210, or 566.211;
27 (12) "Internet", as defined under 31 U.S.C. Section 5362;
28 (13) "Internet-enabled device", a cellular telephone, computer, data
29 communications device, or other product manufactured, distributed, or sold in this state
30 that provides internet access or plays a material role in distributing content on the internet;
31 (14) "Internet service provider", a person engaged in the business of providing a
32 computer and communications facility through which a consumer may obtain access to the
33 internet. The term shall not include a common carrier if the common carrier provides only
34 telecommunications service;
35 (15) "Material", as defined under section 573.010;
36 (16) "Minor", as defined under section 573.010;
37 (17) "Nongovernment group", a nonprofit organization exempt from federal
38 income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended,
39 having as a primary purpose of ending sexual violence in this state and having programs
40 for the prevention of sexual violence, outreach programs, and technical assistance to and
41 support of youth and rape crisis centers working to prevent sexual violence. The term also
42 includes individuals or any group that is upholding community standards of decency;
43 (18) "Obscene", as defined under section 573.010. The term includes, but is not
44 limited to, websites that:
45 (a) Are known to facilitate human trafficking or prostitution; and
46 (b) Display or depict images that are pornographic for minors or that constitute
47 sadomasochistic abuse, sexual excitement, sexual conduct, or revenge pornography;

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48 (19) "Personal identification information", any information that identifies a person,
49 including an individual's photograph, Social Security number, driver identification
50 number, name, email address, address or telephone number;
51 (20) "Political speech", speech relating to the state, government, body politic, or
52 public administration as it relates to governmental policymaking. The term includes
53 speech by the government or candidates for office and any discussion of social issues;
54 (21) "Pornographic fo