08 LC 29
3437ERS
The
House Committee on Public Safety & Homeland Security offers the following
substitute
to SB 474:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 2 of Article 6 of Chapter 2 of Title 20, Title 39, Code Section
42-1-12, and Code Section 42-8-35 of the Official Code of Georgia Annotated,
relating to competencies and core curriculum, minors, the State Sexual Offender
Registry, and terms and conditions of probation, respectively, so as to provide
greater protection to children with regard to the use of the Internet; to
provide for the development and distribution of Internet online safety education
and information; to provide for definitions; to provide for the availability of
parental controls over Internet access by minors; to provide for immunity for
interactive computer service providers; to provide for the crime of failing to
report certain information to the Cyber Tipline at the National Center for
Missing and Exploited Children; to provide for penalties; to require registered
sexual offenders to provide additional information as a part of the required
registration information; to provide for additional probationary conditions for
a probationer who has been convicted of a criminal offense against a victim who
is a minor or dangerous sexual offense as those terms are defined in Code
Section 42-1-12; to provide for related matters; to provide effective dates; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to competencies and core curriculum, is amended by adding a
new Code section to read as follows:
"20-2-149.
(a)
The Department of Education shall develop a model program for educating students
regarding online safety while using the Internet, taking into consideration
educational materials on this topic developed by other states as well as any
other materials suggested by education experts, child psychologists, and
technology companies that promote child online safety issues.
(b)
Each local board of education may incorporate into its instructional program a
component on online Internet safety to be taught on a schedule as determined by
the local board of education."
SECTION
2.
Title
39 of the Official Code of Georgia Annotated, relating to minors, is amended by
adding a new chapter to read as follows:
"CHAPTER
5
39-5-1.
As
used in this chapter, the term:
(1)
'Internet or any other computer network' means the computer network commonly
known as the Internet and any other local, regional, or global computer network
that is similar to or is a predecessor or successor of the
Internet.
(2)
'Internet access provider' means an entity that provides consumers with access
to the Internet; provided, however, that such term shall not include an entity
that provides access to the Internet using wireless service.
(3)
'Interactive computer service' means any information service, system, or access
software provider that provides or enables computer access by multiple users to
a computer server, including specifically a service or system that provides
access to the Internet and such systems operated or services offered by
libraries or educational institutions; provided, however, that such term shall
not include an entity that provides access to the Internet using wireless
service.
(4)
'Minor' means a person who is less than 18 years of age.
(5)
'Wireless service' shall have the same meaning as set forth in paragraph (3) of
Code Section 46-5-221.
39-5-2.
(a)
If an Internet access provider knows or has reason to know from registration
data in its possession that a subscriber currently resides within this state,
such provider shall make available to the subscriber a product or service that
enables the subscriber to control a minor´s use of the Internet, if such
product or service is reasonably and commercially available for the technology
used by the subscriber to access the Internet.
(b)
The product or service shall enable, in a commercially reasonable manner, the
subscriber to:
(1)
Block a minor´s access to specific websites or domains;
(2)
Restrict a minor´s access exclusively to specific websites or domains
approved by the subscriber; and
(3)
Allow the subscriber to monitor a minor´s use of the Internet service by
providing a report to the subscriber of the specific websites or domains that
the minor has visited or has attempted to visit but could not access because the
websites or domains were blocked or restricted by the subscriber.
(c)
If a product or service described in this Code section is reasonably and
commercially available for the technology utilized by the subscriber to access
the Internet service, the Internet service provider shall:
(1)
Provide to the subscriber, at or near the time of subscription, information
about the availability of a product or service described in this Code section;
or
(2)
Make a product or service described in this Code section available to the
subscriber either directly or through a third-party vendor and may charge for
the product or service.
39-5-3.
(a)
Telecommunications service providers, wireless service providers, and providers
of information services, including, but not limited to Internet service
providers and hosting service providers, shall not be liable under this chapter
by virtue of the transmission, storage, or caching of electronic communications
or messages of others or by virtue of the provision of other related
telecommunications or information services used by others in violation of this
chapter.
(b)
No provider of an interactive computer service shall be liable under this
chapter for:
(1)
Identifying, removing, disabling, blocking, or otherwise affecting a user based
upon a good faith belief that user´s e-mail address, username, or other
similar Internet identifier appeared in the National Sex Offender Registry or
the state sexual offender registry; or
(2)
Failing to identify, block, or otherwise prevent a person from registering for
an interactive computer service or failing to remove, disable, or otherwise
affect a registered user whose e-mail address, username, or other similar
Internet identifier appeared in the National Sex Offender Registry or the state
sexual offender registry.
39-5-4.
(a)
An interactive computer service doing business in this state that obtains
knowledge of facts or circumstances from which a violation of any law of this
state prohibiting child pornography is apparent shall make a report, as soon as
reasonably possible, of such facts and circumstances to the Cyber Tipline at the
National Center for Missing and Exploited Children.
(b)
Any interactive computer service that knowingly and willfully violates
subsection (a) of this Code section shall be guilty of a misdemeanor and upon a
second or subsequent conviction shall be guilty of a misdemeanor of a high and
aggravated nature."
SECTION
3.
Code
Section 42-1-12 of the Official Code of Georgia Annotated, relating to the State
Sexual Offender Registry, is amended by revising subsection (a) of Code Section
42-1-12, by adding two new paragraphs to read as follows:
"(21.1)
'Username' means a string of characters chosen to uniquely identify an
individual who uses a computer or other device with Internet capability to
communicate with other individuals through the exchange of e-mail or instant
messages or by participating in interactive online forums.
(21.2)
'User password' means a string of characters that enables an individual who uses
a computer or other device with Internet capability to gain access to e-mail
messages and interactive online forums."
SECTION
4.
Said
Code section is further amended by revising subparagraphs (a)(16)(J) and
(a)(16)(K) as follows:
"(J)
If enrolled, employed, or carrying on a vocation at an institution of higher
education in this state, the name, address, and county of each institution,
including each campus attended, and enrollment or employment status;
and
(K)
E-mail
addresses, usernames, and user passwords; and
(L)
The name of the crime or crimes for which the sexual offender is registering and
the date released from prison or placed on probation, parole, or supervised
release."
SECTION
5.
Code
Section 42-8-35 of the Official Code of Georgia Annotated, relating to terms and
conditions of probation, is amended by revising subsection (b) as
follows:
"(b)
In determining the terms and conditions of probation for a probationer who has
been convicted of a criminal offense against a victim who is a minor or
dangerous sexual offense as those terms are defined in Code Section 42-1-12, the
court may provide that the probationer shall be:
(1)
Prohibited from entering or remaining present at a victim´s school, place
of employment, place of residence, or other specified place at times when a
victim is present or from loitering in areas where minors congregate, child care
facilities, churches, or schools as those terms are defined in Code Section
42-1-12;
(2)
Required to wear a device capable of tracking the location of the probationer by
means including electronic surveillance or global positioning systems. The
department shall assess and collect fees from the probationer for such
monitoring at levels set by regulation by the department;
and
(3)
Required,
either in person or through remote monitoring, to allow viewing and recording of
the probationer´s incoming and outgoing e-mail, history of websites visited
and content accessed, and other Internet based communication;
(4)
Required to have periodic unannounced inspections of the contents of the
probationer´s computer or any other device with Internet access including
the retrieval and copying of all data from the computer or device and any
internal or external storage or portable media and the removal of such
information, computer, device, or medium; and
(5)
Prohibited from seeking election to a local board of education.
(c)
The supervision provided for under subsection (b) of this Code section shall be
conducted by a probation officer, law enforcement officer, or computer
information technology specialist working under the supervision of a probation
officer or law enforcement
agency."
SECTION
6.
This
Act shall become effective on July 1, 2008; provided, however, that Sections 3
and 4 of this Act shall become effective on January 1, 2009.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.