Bill requires porn filter for tech

Two bills introduced in the Kansas House on Wednesday generate funding for human trafficking programs by requiring all new internet-capable telephones or computers sold in the state to feature anti-pornography software and by mandating adult entertainment businesses charge a special admissions tax.

Sabetha Rep. Randy Garber sponsored legislation requiring the software installations and dictating purchasers would have to pay a $20 fee to the state, and whatever cost was assessed by retail stores, to remove filters for "obscene" material. No one under 18 would be allowed to have filter software deleted.

"It's to protect children," Garber, a Republican, said in an interview. "What it would do is any X-rated pornography stuff would be filtered. It would be on all purchases going forward. Why wouldn't anybody like this?"

He said it wouldn't be surprising if the bill, if adopted as law, generated legal challenges. He said marketers of technology equipment could be expected to oppose the bill as state government overreach into private business transactions. Free speech organizations say this type of legislation would be unconstitutional.

Revenue derived from both of Garber's bills would be deposited in a fund controlled by Kansas Attorney General Derek Schmidt to reduce the incidence of human trafficking.

Rep. Tim Hodge, a North Newton Democrat, said the scourge of human trafficking was an obvious challenge, but the bill proposed by Garber to require filters on all new devices tied to the internet was improper.

"Part of being an adult is not legislating morality," Hodge said. "If Randy Garber wants to crawl into everybody's bedroom, that is more creepy than the activity he is trying to prevent. I thought we still lived in America. We all took an oath to uphold the Constitution."

Senate Majority Leader Jim Denning, R-Overland Park, said he hadn't reviewed the House bill blocking obscene material. "At first blush, it's probably too intrusive," he said.

Under House Bill 2319, the state of Kansas would declare a "distributor shall not manufacture, sell, offer for sale, lease or distribute to a consumer any product or service that makes content available accessible on the internet unless such product or service contains an active and operating technology protection measure."

Companies involved in distributing internet-ready devices would be required to maintain a website or telephone hotline for consumers to report unblocked obscene content. Individuals who request deletion of blocking technology, according to the bill, must be given a written warning "regarding the potential danger of deactivating the technology protection measure." There is no limit to the amount a merchant could charge for the one-time deactivation fee.

Garber also sponsored House Bill 2323, which would impose a $3 door charge at strip clubs, bookstores, theaters or any other business catering to consumers of adult entertainment. The businesses would on a monthly basis report the total number of customers and make the appropriate tax payment. Violation of the law would be punishable with a $1,000 fine and up to six months in jail.

A separate bill introduced in the Kansas Senate would impose a $5 entrance fee on adult-oriented businesses.

"It's kind of sad we have this problem. We're a free nation. With freedom comes responsibility. Sometimes we don't exercise (it) the way we should," Garber said.

The Media Coalition, a First Amendment advocacy organization in New York City, said this type of law would be unconstitutional. The U.S. Supreme Court in Ashcroft v. American Civil Liberties Union indicated government couldn't impose filtering software on people or businesses. Forcing the maker or seller of devices to provide a written warning about dangers of sexually explicit speech is unconstitutional, the coalition said.

Joyce Grover, executive director of the Kansas Coalition Against Sexual and Domestic Violence, said she had mixed feelings about the proposed legislation.

The state's investment in programs to deal with human trafficking is insufficient, she said. On the other hand, she said, political activists had joined the fight against human trafficking for the purpose of advancing policy more directly related to standards of obscenity. 

"The human trafficking work for many years has been usurped by a group that is anti-porn and anti-prostitution. I'm not saying that both of those things don't have serious damaging results, but it is sort of repackaging this," she said.