SB 1261 Summary

• Requires all tablets and smartphones manufactured on or after January 1, 2023, to automatically enable a filter blocking content harmful to minors when activated in Idaho.

• Filter must prevent access to harmful material on mobile data networks, manufacturer-owned applications, wired internet networks, and wireless internet networks, and must notify users when blocking content.

• Manufacturers can unblock filtered content with a passcode but must reasonably prevent users without a passcode from deactivating, modifying, or uninstalling the filter.

• Attorney General may pursue civil actions against manufacturers for violations, recovering up to $5,000 per violation (capped at $50,000 annually) plus investigative costs and attorney's fees.

• Parents or legal guardians can bring private civil actions against manufacturers for violations or against third parties who provide passcodes to minors, recovering actual damages, liquidated damages of $5,000 per violation, punitive damages, or attorney's fees.