Mandatory Internet Filtering in Hawaii Under Consideration

Two companion bills have been introduced in the House and Senate that require mandatory Internet filtering in Hawaii by device manufacturers to block access to adult web content, sites that facilitate human trafficking, and illegal content such as child and revenge pornography.

The bills mirror those introduced in other states in the U.S. to restrict access to adult content by default and prevent illegal online activities. The aim of the bills is not to prevent individuals from accessing adult content in Hawaii, only to make it harder for minors to gain access to inappropriate material and to make prostitution hubs harder for the general public to access. The proposed laws will simultaneously help to protect children and fight human trafficking.

If the bills are passed, Internet filtering in Hawaii will be required by default on all Internet-enabled devices that allow the above content to be viewed.

Adults that wish to opt in to view legal adult content will be free to do so, although in order to lift the digital content block they will be required to pay a one-off fee of $20. In order to have the content block lifted, an individual would be required to provide proof of age (18+) and sign to confirm they have been provided with a written warning about the dangers of lifting the content filter. In addition to the $20 fee, manufacturers, vendors, and other individuals/companies that distribute devices will be permitted to charge a separate, reasonable fee for lifting the content block on a device.

The money raised through the $20 fee payments will be directed to a fund which will be used to support victims of human trafficking and for projects that help to prevent human trafficking and child exploitation.

Any manufacturer, vendor, company, or individual covered by the act that does not implement a digital content block will be liable for financial penalties. Financial penalties will also be applied if requests to block covered content are received and are not added to the content filter within 5 days. Similarly, if a request is made to unblock content not covered by the bill and the request is not processed within 5 days a fine will be issued. The proposed fine is $500 per piece of content.

If the bills are passed, Internet filtering in Hawaii will be mandatory from July 1, 2020.

