Catch up on stories from the past week (and beyond) at the Slashdot story archive

 



Forgot your password?
typodupeerror
×
Cellphones Government

Utah Governor Signs Legislation Requiring Porn Filters On Cellphones, Tablets (thehill.com) 221

Utah Gov. Spencer Cox signed a bill on Tuesday requiring all cellphones and tablets sold in the state to automatically block pornography. In order for it to take effect though, at least five other states have to pass the measure. The Hill reports: The bill, H.B. 72, is aimed at establishing filter requirements and enforcement for tablets and smartphones activated in the state on or after Jan. 1 of the year the measure takes effect, according to its text. Manufacturers that don't abide by the law could face fines of $10 for each violation with a cap of $500. The bill's sponsor, Rep. Susan Pulishper (R), said she was "grateful" that Cox signed the bill, which she said was aimed at keeping porn away from children, the AP notes. She also noted that parents could take the filters off.

Jason Groth, an attorney for the American Civil Liberties Union of Utah, told the news service that the measure was "another example of the Legislature dodging the constitutional impacts of the legislation they pass." He further said the bill's constitutionality will likely be argued in court.

This discussion has been archived. No new comments can be posted.

Utah Governor Signs Legislation Requiring Porn Filters On Cellphones, Tablets

Comments Filter:
  • $500 (Score:5, Interesting)

    by darkain ( 749283 ) on Wednesday March 24, 2021 @04:03PM (#61193814) Homepage

    "Manufacturers that don't abide by the law could face fines of $10 for each violation with a cap of $500."

    Am I reading this right...? They can just pay a $500 "I don't give a fuck about the law" fee. Cheaper than a single lawyer?

    • by lessSockMorePuppet ( 6778792 ) on Wednesday March 24, 2021 @04:07PM (#61193834) Homepage

      There should be prison time for legislators who write, sponsor, and sign laws found to be Unconstitutional.

      Little else seems to bother them.

      • by lessSockMorePuppet ( 6778792 ) on Wednesday March 24, 2021 @04:11PM (#61193848) Homepage

        Alternatively, Aztec rituals. "Have you consulted your priest on the manner in which you would like to be sacrificed?"

      • I can see an injunction o this pretty quickly, and court challenges.

        I can't imagine this would hold up to constitutional scrutiny.

        • by Shaitan ( 22585 )

          What challenges? It is quite clever, anyone who would have standing can pay $500 and not bother an amount so low it would never be worth fighting 'court challenges.' This is extortion.

      • by LatencyKills ( 1213908 ) on Wednesday March 24, 2021 @04:32PM (#61193938)
        I've always felt that I want our legislators to treat the Constitution as a poorly marked minefield. I don't even want laws near the border, and the penalty for suggesting a law that is judged to be unconstitutional should be the immediate removal from office and a ban for running for any office the future. I'm mixed on your idea of prison time, but I suspect I could be convinced.
        • by lessSockMorePuppet ( 6778792 ) on Wednesday March 24, 2021 @04:38PM (#61193968) Homepage

          I've always felt that I want our legislators to treat the Constitution as a poorly marked minefield.

          Indeed. It's no small thing to make a law, and there's no good reason to go making as many of them as possible all the time. It should be a rare thing, refactoring should be 98% of a legislator's work; if it should even be seen as a career rather than a civic duty.

          I'm thoroughly convinced at this point that treating being a politician as a temporary, random civic duty akin to jury duty would yield superior results with less corruption and outright bribery.

          This last part is exactly why we will never see it happen. The system is already rigged for easy bribery. We've already agreed on what our "civil servants" are, now our corporate masters are merely haggling over the price.

          • by Darinbob ( 1142669 ) on Wednesday March 24, 2021 @04:59PM (#61194066)

            From a legislator's viewpoint, the law is irrelevant. They know it will be struck down in short order. All they care about is letting the people know where they stand so that a particular section of the electorate will re-elect them. That this segment is the freedom-hating crowd is an irrelevant detail, as any vote is a good vote.

          • by Shaitan ( 22585 )

            That isn't the worst idea I've heard. I'd settle for single term limits on congress critters as a start. I think federal employees should have staggered contracts as well and be shifted around to other positions.

            • I think federal employees should have staggered contracts as well and be shifted around to other positions.

              this seems like it would let employees create problem and then leave to another position so that they aren't responsible for cleaning it up.

              • this seems like it would let employees create problem and then leave to another position so that they aren't responsible for cleaning it up.

                That was, in fact, Frank Herbert's actual suggestion [wikipedia.org].

              • by Shaitan ( 22585 )

                Sure... but it is how the entire technology industry works now. The idea is to prevent you from having time to coordinate messing things up in a serious way that can't be undone by the next group that comes along or that would let you bypass scrutiny of others who are checking your performance and can remove/report you.

                There is no perfect solution which both empowers people to accomplish something meaningful and eliminates the risk of them doing the wrong meaningful thing.

            • I'd settle for single term limits on congress critters as a start. I think federal employees should have staggered contracts as well and be shifted around to other positions

              This just ensures that no one in government develops skills and experience on the job, shifting power to unaccountable privately employed lobbyists and special interest groups that let people stay around forever as long as they're good.

              Sounds worse to me.

        • Re: (Score:3, Informative)

          by Darinbob ( 1142669 )

          I'd just be happy if these conservative legislators actually realized what rights WERE instead of always accusing liberal legislators of being the only ones who want to violate rights.

        • by Shaitan ( 22585 )

          INTENTIONAL effort to accumulate power beyond the constitution or undermine the balance of powers and rights reserved by the people, the sovereign, is the highest treason. A crime against the constitutional government is one thing but we are talking about betrayal of those who empower that government.

      • Be sure to leave off anything about "knowingly" performing such things in the law, as they can just claim that a legislator's job requirements do not require actually knowing what's in the constitution or legal codes.

      • by DarkOx ( 621550 ) on Wednesday March 24, 2021 @05:37PM (#61194218) Journal

        How is it blatantly unconstitutional. Its not restricting anyone speech. If I understand the law correctly a manufacturer is free to market a device where the owner of the device is able to configure the filterer or disable it. How is this ANY different than requiring a "v-chip" in television sets?

        I mean basically a manufacture could meet this requirement by offering a VPN and licensing a copy of websense. That does not seem like a big hurtle or ask considering we are already talking about devices that have to comply with a pile of FCC and other consumer safety rules. This isnt going to 'lock out hobbyists' or anything or the sort.

      • Make them write out the entire constitution by hand. On the second offense they have to recite it verbatim including punctuation.

    • Usually these fines are for each device that violates the requirement. So you produce 1,000,000 smartphones that aren't compliant and you pay $10-$500 for each of them, or a $10,000,000 to $500,000,000 fine.
      • There is a $10 fine per violation, with a cap of $500.

        I'm no lawyer, but that sounds like Apple could just pay $500 and not have to deal with it. And that $500 is probably less than an hour of a lawyer time to write a letter to tell them to fuck themselves.

    • apple store now 21 and up only

    • Yeah, this is Utah basically extorting money out of tech companies. Absolutely nobody is going to spend a single minute implementing this, since the cost of doing so would vastly outweigh the cap on the fine. Just having separate product SKUs for the State of Utah costs more than $500.

    • by sjames ( 1099 )

      Given the cost of compliance, I expect most will just set the $500 aside to pay the fine if/when the state comes to collect it, then they'll add a $0.10 line item to each phone and call it a state tax.

      • by mark-t ( 151149 )

        The $500 cap is per plaintiff, not per manufacturer.

        So they will actually have to add a $500 line item to each phone.

    • Re:$500 (Score:5, Informative)

      by Anubis IV ( 1279820 ) on Wednesday March 24, 2021 @04:47PM (#61194012)

      If you check the text of the law itself [utah.gov], 78B-6-2206 spells it out a bit more clearly.

      More or less, this law allows for civil suits to be brought against manufacturers, with the $500 cap being on a per-plaintiff basis. So, if your little Johnny really loves viewing smut on a device that was manufactured in 2022 or later, was activated in Utah, and didn't come with a "harmful to minors" filter activated by default, you may be entitled to as much as $500 (+ filing and attorney's fees, apparently) if you can demonstrate through a preponderance of evidence that little Johnny viewed said smut on at least 50 separate instances. Your neighbor would be able to get $500 as well if they could prove that the same had happened with little Billy, and so on.

      • A class action could get expensive. Assuming the law doesn't get shot down as unconstitutional. Though since it's only authorizing civil suits, not actually prohibiting anything, it might.
      • Which, again, just tips the scales in favor of having company lawyers sue for injunctive relief or an outright negation of the law on constitutional grounds. Or telling Utah to fuck off and buy their phones and tablets in any of the 5 neighboring states. It's only 90 miles from Salt Lake City to Evanston, Wyoming...

        • Oh, completely agree. I was just answering the one, very narrow point being raised. The whole thing needs to be struck down.

          But, to address one other point, it's actually for phones activated in Utah, not just phones sold in Utah, which makes it even more unconscionable, since it means that even if they wanted to, manufacturers wouldn't have any way to leave.

      • ... on at least 50 separate instances.

        The only way to know that is to spy on him and do nothing, 49 times. This is like those parents who film their toddler eating dog turds. Since this law gives adults the power to scream "I'm a victim", (instead of being responsible for what they and little Johnny did), I think it's more about saying "I'm doing something" than about thinking "of the children". So much for that 'Individual Responsibility" that certain politicans like to demand.

    • by Shaitan ( 22585 )

      That's because it is nothing but an extortion bill. Also there is the little part about it being unconstitutional.

    • Comment removed based on user account deletion
      • by mark-t ( 151149 )

        The most obvious solution for Apple is to pass that cost to the consumer in states where such filters are required.

        If nobody buys the device in that state, then Apple isn't liable anymore.

        Problem solved

  • For when the government plays the role of parent.

    • by Brain-Fu ( 1274756 ) on Wednesday March 24, 2021 @04:14PM (#61193864) Homepage Journal

      "The state must declare the child to be the most precious treasure of the people. As long as the government is percieved as working for the benefit of the children, the people will happily endure almost any curtailment of liberty and almost any deprivation."

      Adolf Hitler, Mein Kampf.

      • Re: (Score:2, Informative)

        by Anonymous Coward
        http://blog.angry-dad.com/2014... [angry-dad.com]

        For the closest quote I could find, he did say:
        “He alone, who owns the youth, gains the future. ” Along with, ”All great movements are popular movements. They are the volcanic eruptions of human passions and emotions, stirred into activity by the ruthless Goddess of Distress or by the torch of the spoken word cast into the midst of the people. ”
        "It must proclaim the truth that the child is the most valuable possession a people can have."

      • Re: (Score:3, Interesting)

        by niaxilin ( 1773080 )

        After some searching, it turns out that that quote is mostly made up. Apparently it's from a fictitious letter created in 2004, or something of that sort.

        @see https://en.wikiquote.org/wiki/... [wikiquote.org]

    • by fermion ( 181285 )
      The church, not state. I would fine if the filters applied to real pornography, religious radical websites. The ones that teach the Native American was crushed by the Flying Spaghetti Monster. Or that genocide is ok as long as approved by your FSM and you save the desirable few on an ark.
    • by gtall ( 79522 )

      This is Utah, owned by the Church of Latter Day Saints in Waiting.

  • Hahaha hahahaha hahahahaha!!!
  • I'm sure it won't be too long until we see a Slashdot article (and potentially even a dupe!) about how the courts have overturned this blatantly unconstitutional law.
    • by EvilSS ( 557649 )
      Probably, but the way this is written, it's grandstanding and they know it. It ticks a box so the reps in conservative districts can go home and say "See, we did a thing you wanted us to do!" knowing full well it won't actually happen.
  • Expect all cell phone stores in UT to close. Everyone will be buying their phones online and having them shipped in.

  • Church people know better than you and need laws to prove it. And they say 'forget the constitution because we are righteous'. I won't ever live in Utah anyway.

    • I dunno, they're going back centuries so housing prices might be surprisingly affordable.

      • Then buy and be a landlord. I mean skid row is surprisingly affordable too. Who would you like to have as neighbors?

        Personally, I'd rather live on skid row than around a bunch of uptight church people.

  • by dgatwood ( 11270 ) on Wednesday March 24, 2021 @04:13PM (#61193860) Homepage Journal

    She also noted that parents could take the filters off.

    No, no, they really can't. You see, here's how the real world works.

    • A manufacturer builds a device with built-in porn filters. You turn off the filter for your device. Someone finds out. Now they assume you're a pervert, and suddenly you're banned from [church, school, employer, insert group here].
    • A manufacturer builds a device with built-in porn filters. You buy one for your kid, and you choose to turn the filters off. Your kid looks at porn and shows it to another kid. That kid's parents call the police and accuse you of endangering a minor, and social services takes your kid away.

    Nanny-state technology requirements that are opt-out are inherently flawed from a sociological perspective and in some cases, from a legal perspective. The only acceptable form for any filter system is opt-in. Period.

    And even then, making it too easy to opt in can cause significant harm because it leads to expectations by the puritanical minority that everyone will surely do so, and if they don't, then something is wrong with them.

    • Manufacture builds a device with built-in porn filters. Kid using the device figures out how to get around it. Manufacturer is fined for not implementing effective filters.
    • When the fuck are you writing this as if you are worried about puritans (LOL) lurking behind every corner? Did this post travel through a wormhole from 1953?

      Hmm. Maybe it did. Maybe the slashdot server is stuck in a time vortex. That could explain all of the duplicate stories.

  • How's that the Republican party sells itself as the party of small government and personal responsibility?

    • Don't forget individual liberties. See: bitching about wearing masks.

      I guess it's the party of making government small enough to fit in the bedroom, personal responsibility unless it would require being responsible for behavior we don't like, and individual liberties unless it runs afoul of hypocritical "values voters".

      • by gtall ( 79522 )

        Nah, this is States Rights. You have the right to surrender your rights to the State, and by the way, don't pay attention to the all the guns we give the citizens to settle their arguments with. Don't offend any of them or your lose your right to life. Now praise G-d and Pass the Ammunition.

  • Simple solution (Score:5, Insightful)

    by Ol Olsoc ( 1175323 ) on Wednesday March 24, 2021 @04:18PM (#61193878)
    Manufacturers should simply start refusing to ship phones and tablets to Utah, and see how quickly the populous revolts.

    https://www.newscientist.com/a... [newscientist.com] Let's face it, they are only moral in public.

    • by sconeu ( 64226 )

      And the license/clickthru/whatever says, "You agree that you will not activate this phone within the State of Utah.

      • And the license/clickthru/whatever says, "You agree that you will not activate this phone within the State of Utah.

        Excellent addition!

    • You might want to settle that self-righteous priapism. All that study says is who is willing to PAY for it.
      As conservatives tend more capitalist, it makes sense that they understand that you pay for things you use.

      ANOTHER study, looking at porn VIEWS is a little more illustrative and less about "showing them dirty conservatives up"
      https://www.star-telegram.com/... [star-telegram.com]

      Americans who visited Pornhub URLs spent an average of 10 minutes, 33 seconds on the site. Texans were just about av

  • by crmarvin42 ( 652893 ) on Wednesday March 24, 2021 @04:24PM (#61193898)
    I grew up in Massachusetts, a stones throw from the border with Connecticut.

    CT has (had?) strict laws about when liquor stores have to close in the evening and on weekends. Laws that are much more restrictive than in MA. End result was that every town along the southern border of MA was chock full of liquor stores to cater to those in CT who wanted a refill, but couldn't go to a CT business to buy what they wanted.

    If this stands (which it likely won't), I expect all cell phones to be purchased out of state. Utah is on the smaller side, and as long as none of their neighbors get similarly puritanical, there'd be little need to make changes to the phones to accommodate when moving the transaction over the state line would suffice. Either in-person stores out of state, or online purchases from out-of-state legal entities that then ship them to customers in the mail.
    • We used to do a weekly Sunday drive to New Hampshire to get booze since stores in MA were closed.
    • I too expect it won't stand, but it's worth noting that the law, as written, specifies that it applies to phones activated in the state, not just to phones sold in the state, which would seemingly address what you expect to happen. Even so, I'm not sure how they expect it to work. If I buy a phone from a local manufacturer in India or China who has no presence in the US, then come back to the US before activating it, are they seriously suggesting the manufacturer is in some way liable? And if a manufacturer

    • I visited Sweden once, and few into Denmark and took the ferry across. The ferry was completely packed and everyone had hand trolleys full of boxes of alcohol. It was midsummer, and taxes on alcohol were less in Denmark than in Sweden so it's where you went for discount booze.

  • Comment removed based on user account deletion
  • by jythie ( 914043 ) on Wednesday March 24, 2021 @04:36PM (#61193954)
    Years ago I worked for a company that made a type of arcade machine that included things like card games. We had to have special 'utah keys' that would switch all the graphics to something that functioned like cards but were not 'cards', like 'tiles'.
  • The moment it blocks something that is not Porn it's unconstitutional - note : it will
    The moment it fails to block porn it get the fine - note : it will

    All mobile phone vendors pay the $500 fine and ignore it ...

  • But it is a natural consequence of the advocacy of censorship (e.g. antivax content). It's the "add one more thing" mentality that results in all sorts of fail (bloated software, cost overruns, erosion of personal freedoms). I think this law is setting a dangerous precedent.

    I don't know of a better solution than using censorship sparingly. It's easy to support speech you agree with. It's the minority (in the numerical sense) speech that needs protection. For example, I may think antivax and homeopathy ca

    • Stop being daft. People have been trying to outlaw smut since long before the discovery of microscopic pathogens let alone vaccines.

  • With all of the filters we already have for enhancing beauty, swapping faces or genders, or making us look like animals, do we really need filters for porn?
  • ...and it's so heartwarming to hear that Utah is protecting us from that dangerous porn.

    • Did you read about that guy? It doesnt take a psychologist to realize he had a psychotic break a couple years ago. The family interviewed and gave their statements. He clearly developed paranoid schizophrenia. Its as blatant as you could see from the DSM4. The family shielded him from the stigma and now 10 people pay that price. He heard voices and those voices were islamophobes who were hacking his phone. So he killed everyone nearby just to get them all. Yea. Broken is not even the word. Take a paranoid
  • by baker_tony ( 621742 ) on Wednesday March 24, 2021 @05:01PM (#61194088) Homepage

    OK, so porn get's taken away, but can we still relieve frustrations with a military style assault rifle?

    • OK, so porn get's taken away, but can we still relieve frustrations with a military style assault rifle?

      Sure. Just use plenty of lube.

  • A distraction (Score:5, Insightful)

    by rsilvergun ( 571051 ) on Wednesday March 24, 2021 @05:07PM (#61194118)
    this whole "culture war" nonsense is just there to distract us from economics.
  • And just add $500 to the price of every cell phone and tablet sold in the state.
  • I'm curious how "porn" is identified. Who decides what's porn and what isn't?

    And, perhaps more importantly, if they use a blacklist of all of the porn sites, how can I get a copy of this list? Purely for research purposes, of course.

    • Pretty easily, actually: The law just references Utah's existing criminal code on the matter. Which is vague of course, as all are, but it means the existing body of court precedent can be drawn upon to resolve the vagueness.

  • This should help out a lot with the economy in border towns in Colorado and Wyoming.
  • by e3m4n ( 947977 ) on Wednesday March 24, 2021 @06:24PM (#61194384)
    From what people tell me, there is a ton of porn on twitter. Its not like you can filter specific posts on twitter. Usually filters are domain based access.

Understanding is always the understanding of a smaller problem in relation to a bigger problem. -- P.D. Ouspensky

Working...