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HB2587 - 572R - I Ver
REFERENCE TITLE:
adult content websites; blocking option
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2587
Introduced by
Representative
Way
AN
ACT
providing for transferring and
RENUMBERING; amending title 44, chapter 30, article 1, Arizona Revised
Statutes, as TRANSFERRED and renumbered, by adding section 44-7302;
relating to sexual material on the internet.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1.
Heading change;
transfer and renumber
A. The chapter heading of
title 18, chapter 7, Arizona Revised Statutes, is changed from "
government information technology use"
to "
sexual material on the
internet".
B. Title 18, chapter 7,
Arizona Revised Statutes, is transferred and renumbered for placement in title
44, Arizona Revised Statutes, as chapter 30. Title 18, chapter 7,
article 1, Arizona Revised Statutes, is transferred and renumbered for
placement in title 44, chapter 30, Arizona Revised Statutes, as article
1. Section 18-701, Arizona Revised Statutes, is transferred
and renumbered for placement in title 44, chapter 30, article 1, Arizona
Revised Statutes, as section 44-7301.
Sec. 2. Title 44, chapter 30, article 1,
Arizona Revised Statutes, as transferred and renumbered, is amended by adding
section 44-7302, to read:
START_STATUTE
44-7302.
Internet service providers; adult content websites; blocking
option required; notice to subscribers; enforcement; civil penalty;
applicability; definitions
A. each
internet service provider that provides internet connectivity to one or more
subscribers in this state shall make available to each subscriber, at no
additional cost, a voluntary option to enable the subscriber to block access to
adult content websites.
B. The
blocking option required by subsection A of this section must meet all of the
following:
1. be
user-initiated and opt-in only and not make the option to block the default
option.
2. Be
readily accessible through the subscriber's online account management portal,
mobile application or other similar user-friendly interface provided by the
internet service provider.
3. Allow
the subscriber to enable or disable the blocking option at any time using only
standard account authentication and without requiring additional age
verification, identification or fees.
4. Employ
commercially reasonable and technologically feasible methods to identify and
block adult content websites, which may include maintaining a curated database,
using third-party filtering services or leveraging industry-standard tools. Methods
used pursuant to this PARAGRAPH must prioritize accuracy to minimize over-blocking
of protected speech and must include a simple mechanism for subscribers to
report and correct an erroneous block.
5. Prohibit
the retention, collection or sharing of any personally identifiable information
related to the subscriber's decision to enable or disable the option or the
subscriber's access patterns beyond what is necessary for the blocking option's
technical operation. Any data collected must be deleted promptly
after each use and must comply with all applicable federal and state privacy
laws. Any data related to the blocking option may not be used by the
internet service provider or any other person for marketing, profiling or any
other purpose.
C. At the
time of service activation and through annual notifications or account
statements, each internet service provider shall provide clear, concise
information to subscribers about the availability and functionality of the
blocking option, including instructions for enabling the blocking
option. The notification and information must emphasize the
voluntary nature of the blocking option and the blocking option's purpose to
assist subscribers in protecting minors.
D. this
section does not require internet service providers to monitor, log or analyze
subscribers' internet usage, impose liability for unblocked content or violate
federal laws governing network neutrality or content immunity.
E. The
attorney general may bring an action to enforce this section after providing
the internet service provider with written notice and an opportunity to cure
any alleged noncompliance.
F. An
internet service provider that wilfully and knowingly violates this section,
after notice and failure to cure, is subject to a civil penalty of not more
than $5,000 for each violation and not more than $50,000 per calendar year.
G. In
determining the amount of a civil penalty under this section, the court shall
consider:
1. The
seriousness of the violation, including its nature, circumstances, extent and
gravity.
2. The
internet service provider's history of compliance or prior violations.
3. The
amount necessary to deter future violations without unduly burdening the
internet service provider.
4. The
economic impact of the penalty on the internet service provider.
5. Whether
the internet service provider acted in good faith and made reasonable efforts
to comply.
6. Any
other factors that justice may require.
H. It is
an affirmative defense to an allegation of noncompliance under this section
that the internet service provider can demonstrate a good faith effort to
comply with this section, including substantial compliance with commercially
reasonable methods.
I. this
section:
1. does not
establish A private right of action, except that an aggrieved subscriber may
report potential violations to the attorney general.
2. applies only to internet connectivity services provided
to subscribers in this state and does not impose requirements on services or
users outside of this state.
3. does not apply to:
(
a
) Bona fide news, public interest,
educational, scientific, artistic or literary broadcasts, websites, videos,
reports or events.
(
b
) The rights of any news-gathering organizations,
libraries, schools or other entities that are protected under federal law.
(
c
) Obscene content or content that is otherwise not
protected by the first amendment of the United States Constitution.� This
section does not expand any liability for obscene content.
j. For
the purposes of this section:
1. "Adult
content website" means an internet website, including a social media
platform, on which more than one-third of the total material published or
distributed constitutes sexual material that is harmful to minors.
2. "Internet
service provider":
(
a
) Means a person that provides consumers in this state with
internet connectivity, whether by wireless or wireline means, including a
mobile wireless service provider.
(
b
) Does not include providers solely offering services
outside this state.
3. "Sexual
material that is harmful to minors" has the same meaning prescribed in
section 44-7301.
END_STATUTE
Sec. 3.
Legislative findings
The legislature finds that:
1. This state has a
compelling interest in protecting minors from exposure to sexual material that
is harmful to them, as recognized in established precedents in
Ginsburg v.
New York
; 390 U.S. 629 (1968) and consistent with the existing laws in this
state.
2. Section 44-7302,
Arizona Revised Statutes, as added by this act, protects minors through the
least restrictive means by requiring internet service providers to offer
subscribers a voluntary, user-initiated option to block access to adult content
websites without imposing default restrictions, mandatory blocking or undue
burdens on adults' access to constitutionally protected speech.
3. Section 44-7302,
Arizona Revised Statutes, as added by this act, is narrowly tailored to avoid
vagueness, overbreadth or chilling effects on protected expression, providing
flexibility in implementation, strong privacy safeguards and exemptions for
legitimate content.
4. Section
44-7302, Arizona Revised Statutes, as added by this act, does not compel
speech, moderate content or impose liability on internet service providers for
third-party material, in compliance with section 230 of the Communications
Decency Act of 1996 (P.L. 103-414; 108 Stat. 4279) and First Amendment
principles.
5. The requirements of
section 44-7302, Arizona Revised Statutes, as added by this act, apply only to
services provided to subscribers in this state and do not regulate interstate
commerce beyond Arizona's borders.