An Act To Prevent Human Trafficking and Child Exploitation
Maine Legislature, Session 130, LD 1719
Committee: Judiciary
Sponsors: SAMPSON, KEIM, LYMAN, O'CONNOR, QUINT

Legislative Document
No. 1719
H.P. 1274
House of Representatives, May 19, 2021
An Act To Prevent Human Trafficking and Child Exploitation
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SAMPSON of Alfred.
Cosponsored by Senator KEIM of Oxford and
Representatives: LYMAN of Livermore Falls, O'CONNOR of Berwick, QUINT of Hodgdon.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  10 MRSA c. 1057 is enacted to read:
CHAPTER 1057
HUMAN TRAFFICKING AND CHILD EXPLOITATION PREVENTION
§9571.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Affirmative defense.  "Affirmative defense" means that the matter so designated 
must be proved by the defendant by a preponderance of the evidence.  
2.  Cellular telephone.  "Cellular telephone" means a communication device 
containing a unique electronic serial number that is programmed into the device's computer 
chip by the manufacturer and whose operation is dependent on the transmission of the 
electronic serial number and a mobile identification number, assigned by the cellular 
telephone carrier, in the form of radio signals through a cellular network and mobile 
switching stations.
3.  Child pornography.  "Child pornography" means sexually explicit material 
depicting a person who has not attained 16 years of age and has the same meaning as in 18 
United States Code, Section 2256(8).
4.  Computer.  "Computer" has the same meaning as in 18 United States Code, Section 
1030(e)(1).
5.  Consumer.  "Consumer" means an individual, business or entity that purchases or 
leases for personal, family or household purposes or any other reason an Internet-enabled 
device.
6.  Data communications device.  "Data communications device" means an electronic 
device that receives electronic information from one source and transmits or routes it to 
another.
7.  Distribute.  "Distribute" has the same meaning as in Title 17, section 2911, 
subsection 1, paragraph A.
8.  Filter.  "Filter" means a digital blocking capability, hardware or software that 
restricts or blocks Internet access to a website, e-mail, chat or other Internet-based 
communication based on category, site or content, including a digital blind that conceals 
pornographic or objectionable content, and can be deactivated by a retailer upon the 
satisfaction of certain nominal conditions.
9.  Human trafficking.  "Human trafficking" means conduct constituting a criminal 
offense under Title 17-A, section 853.
10.  Internet.  "Internet" has the same meaning as in 31 United States Code, Section 
5362(5).
11.  Internet-enabled device.  "Internet-enabled device" means a cellular telephone, 
computer, data communications device or other product manufactured, distributed or sold 
in the State that provides Internet access or plays a material role in distributing content on 
the Internet.
12.  Internet service provider.  "Internet service provider" means a person engaged 
in the business of providing consumer access to the Internet. "Internet service provider" 
does not include a common carrier if the carrier provides only telecommunications service.
13.  Obscene material.  "Obscene material" has the same meaning as "obscene matter" 
in Title 17, section 2911, subsection 1, paragraph D and includes a digital image or website 
that:
A.  Is known to facilitate human trafficking and prostitution; or
B.  Displays or depicts an image that is harmful to a minor or that constitutes 
sadomasochistic abuse, sexually explicit conduct or revenge pornography.
14. Personally identifiable information. "Personally identifiable information" means 
any information that identifies a person, including an individual's photograph, social 
security number, driver's license number, name, e-mail address, address or telephone 
number.
15.  Prostitution.  "Prostitution" has the same meaning as in Title 17-A, section 851, 
subsection 1.
16.  Retailer.  "Retailer" means a person subject to the jurisdiction of this State that 
regularly engages in the manufacturing, sale, offer for sale, lease or distribution of an 
Internet-enabled device or service in the State that makes content accessible on the Internet. 
"Retailer" includes an Internet service provider and a supplier or manufacturer of an 
Internet-enabled device that distributes content on the Internet or that makes content 
accessible.
17.  Revenge pornography.  "Revenge pornography" means a sexually explicit image 
or video of an individual distributed without the individual's consent to blackmail, coerce, 
punish, silence or damage the reputation of the individual or for financial gain.
18.  Sadomasochistic abuse.  "Sadomasochistic abuse" means flagellation or torture 
by or upon a person clad in undergarments, a mask or a costume or the condition of being 
fettered, bound or otherwise physically restrained by the person who is clothed.
19.  Sexually explicit conduct.  "Sexually explicit conduct" means actual or simulated:
A.  Sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal 
physical contact, whether between persons of the same or opposite sex or with an 
artificial genital;
B.  Bestiality;
C.  Masturbation; 
D.  Sadistic, masochistic or sadomasochistic abuse; or
E.  Lascivious exhibition of the genitals or pubic area of a person.
20.  Social media website.  "Social media website" means an Internet website or 
application that enables users to communicate with each other by posting information, 
comments, messages or images and that:
A.  Is open to the public;
B.  Has more than 75,000,000 users;
C.  From inception, has not been specifically affiliated with any one religion or political 
party; and
D.  Provides a means for the website's users to report obscene material and has in place 
procedures for evaluating those reports and removing obscene material.
§9572.  Retailer duties; deactivation of filter; privacy of consumers
1.  Duties of retailers.  A retailer shall:
A.  Ensure that prior to the sale, lease or distribution of an Internet-enabled device that 
the device is equipped with an active and operating filter that blocks by default a 
website that:
(1)  Is known to facilitate human trafficking or prostitution; or
(2)  Displays child pornography, revenge pornography or obscene material harmful 
to minors;
B.  Make reasonable and ongoing efforts to ensure that the filter in paragraph A 
functions properly;
C.  Establish a reporting mechanism, including a website or call center, to allow a 
consumer to report:
(1)  An unblocked website displaying content described in paragraph A, 
subparagraph (2); or 
(2)  A blocked website that is not displaying content described in paragraph A, 
subparagraph (2); and
D.  Report child pornography reported through the mechanism in paragraph C to a 
national center for missing and exploited children in accordance with 18 United States 
Code, Section 2258A.
2.  Deactivation of filter.  A retailer shall deactivate a filter in subsection 1, paragraph 
A if a consumer:
A.  Requests that the filter be deactivated;
B.  Presents personally identifiable information to verify that the consumer is 18 years 
of age or older; and
C.  Acknowledges receiving a warning regarding the potential danger of deactivating 
the filter. The Attorney General shall prepare and make available the warning under 
this paragraph.
A retailer may charge and retain a reasonable fee to deactivate the filter.
3.  Privacy of consumers.  A retailer shall take due care to protect the privacy rights 
of an adult consumer under this section and may not disclose the name or personally 
identifiable information of an adult consumer who deactivates a filter under subsection 2. 
This section does not require a retailer to create a database or registry that contains the 
name or personally identifiable information of an adult who knowingly chooses to 
deactivate an Internet-enabled device's filter. 
§9573.  Reporting mechanism; civil action; deceptive trade practice; affirmative 
defense
1.  Reporting mechanism for filter blocking content on website.  If a report is made 
of a filter blocking a website under section 9572, subsection 1, paragraph C, subparagraph 
(2), the retailer shall unblock or cause to be unblocked the website within a reasonable time 
and no later than 5 business days after the block is first reported. If the website is not 
unblocked within the time limits of this subsection, a consumer may seek judicial relief 
through a civil action to unblock the website and, if the consumer prevails, may seek 
attorney's fees, costs and other forms of relief.
2.  Reporting mechanism for website displaying content.  If a retailer is 
unresponsive to a report of an unblocked website made under section 9572, subsection 1, 
paragraph C, subparagraph (1), the Attorney General or a consumer may seek judicial relief 
through a civil action to block the website and, if the Attorney General or the consumer 
prevails, is entitled to damages of up to $500 for each website that was reported but not 
subsequently blocked and may seek attorney's fees, costs and other forms of relief.
3.  Affirmative defense.  It is an affirmative defense in a civil action brought under 
this section that the dissemination of the content described in section 9572, subsection 1, 
paragraph A was limited to institutions or organizations having scientific, educational or 
other similar justifications for displaying the material.
4.  Unfair trade practice.  A retailer that violates this section commits a violation of 
the Maine Unfair Trade Practices Act.
§9574.  Retailer prohibitions and penalties
1.  Retailer prohibitions.  A retailer may not:
A.  Sell an Internet-enabled device without a filter under section 9572, subsection 1;
B.  Provide the mechanism or source code to deactivate a filter under section 9572, 
subsection 2;
C.  Fail to comply with the requirements of section 9572, subsection 2 before 
deactivating a filter; 
D.  Disclose to a 3rd party in violation of section 9572, subsection 3 without a court 
order directing otherwise the name or the personally identifiable information of an 
adult consumer who has elected to deactivate an Internet-enabled device's filter;
E.  Block access to a website that:
(1)  Is a social media website that provides a means for the website's users to report 
obscene material and has in place a procedure for evaluating the reports and 
removing obscene material;
(2)  Serves primarily as a search engine; or
(3)  Displays complete movies that meet the qualifications for a G, PG, PG-13 or 
R rating by the Motion Picture Association, Classification and Rating 
Administration or successor organization, as those qualifications existed on 
September 1, 2020; or
F.  Except as provided by section 9572, subsection 2, provide to a consumer methods, 
source code or other operating instructions for deactivating an Internet-enabled device's 
filter.
2.  Civil violation.  A retailer that violates subsection 1, paragraph A commits a civil 
violation for which no more than $1,000 may be adjudged for a first offense and no more 
than $2,500 may be adjudged for a 2nd or subsequent offense.
3.  Class E crime.  A retailer that violates subsection 1, paragraph A after having 
previously violated subsection 1, paragraph A 2 or more times is guilty of a Class E crime.
4.  Unfair trade practice.  A retailer that violates subsection 1, paragraph A commits 
a violation of the Maine Unfair Trade Practices Act.
5.  Enforcement.  The Attorney General or a district attorney with jurisdiction over 
the matter may enforce this section.
§9575.  Exemptions
This chapter does not apply to:
1.  Person who is not retailer.  An occasional sale of an Internet-enabled device by a 
person that is not regularly engaged in the trade or business of selling Internet-enabled 
devices;
2.  Prior product.  A product produced or sold before the enactment of this section; 
3.  Independent 3rd-party provider.  An independent 3rd-party provider that is not 
affiliated with an Internet service provider; or
4.  Person not subject to state jurisdiction.  A person that is not subject to the 
jurisdiction of the State who regularly engages in the manufacturing, sale, offer for sale, 
lease or distribution of an Internet-enabled device or service that makes content accessible 
on the Internet.
Sec. 2.  Contingent effective date. This Act does not take effect until the passage, 
approval, ratification and enactment of similar legislation by 4 other states. Within 10 days 
of the date that the 4 states enact legislation similar to this Act, the Attorney General shall 
advise the Governor, the President of the Senate, the Speaker of the House of 
Representatives and the Revisor of Statutes of the effective date of this Act.
SUMMARY
This bill requires retailers, manufacturers, suppliers and Internet service providers 
subject to the jurisdiction of the State that regularly engage in the manufacturing, sale, offer 
for sale, lease or distribution of an Internet-enabled device or service in the State that makes 
content accessible on the Internet to equip all such devices with filters to block any website 
that promotes prostitution or displays child pornography, revenge pornography or obscene 
material harmful to minors.  The bill provides a reporting mechanism for reporting a 
website displaying obscene material or a blocked website that does not display obscene 
material, with penalties on retailers for not adequately responding to reports filed.