ARIZONA HOUSE OF REPRESENTATIVES 57th Legislature, 2nd Regular Session Majority Research Staff

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HB 2587: adult content websites; blocking option

Sponsor: Representative Way, LD 15

Committee on Science & Technology

Overview

Requires internet service providers (ISP) to provide a voluntary blocking feature on adult content websites at no cost to the users of the internet service.

History

Although there are no current Arizona state laws that enforce ISP and adult content, states such as Utah have enacted laws to filter out adult content on websites. Upon request by a consumer, a service provider shall filter content to prevent the transmission of material harmful to minors to the consumer (UT Code § 76-10-1231).

Some ISPs offer the ability to block content through an application, these ISPs, such as AT&T, T-Mobile, Verizon and Xfinity offer a range of costs for the service (ATT, T-Mobile, Verizon, Xfinity).

T-Mobile offers Web Guard for their account holders, this prevents access to adult web content when the user's device is connected to a T-Mobile cellular network, listed are three options for filtration: low, medium and high. Web Guard is unable to block content in device apps, some third party web browsers or browsing over Wi-Fi (T-Mobile).

Provisions

1. Directs ISP's that provides internet connectivity to one or more subscribers to have a voluntary option to enable the subscribers to block access to adult content websites. (Sec. 2)

2. Mandates the blocking option meet all of the following:

a. be user-initiated and opt-in only and not make the option to block the default option;

b. be readily accessible through the subscriber's online account portal, mobile application or other user-friendly interface;

c. allow the subscriber to enable or disable the blocking option at any time using standard account authentication;

d. employ commercially reasonable and technologically feasible methods to identify and block adult content websites as specified;

e. prohibit the retention, collection or sharing of any personally identifiable information related to the subscriber's decision to enable or disable to opt-in service. (Sec. 2)

3. Requires, at the time-of-service activation and through annual notification or account statements, the ISP to provide clear and concise information to users regarding the blocking option. (Sec. 2)

4. Maintains that the ISP are not required to monitor, log or analyze subscriber's internet usage, impose liability for unblocked content or violate federal laws governing network neutrality or content immunity. (Sec. 2)

5. Allows the Attorney General to bring an action to enforce this section after providing the ISP a written warning with the opportunity to correct any noncompliance. (Sec. 2)

6. Lists civil penalties for a violation of no more than $5,000 for each violation and capped at $50,000 per calendar year. (Sec. 2)

7. Instructs the court in determining the amount for civil penalty, to consider:

a. the seriousness of the violation;

b. the ISP history of compliance or previous violations;

c. the amount necessary to deter future violations without burdening the ISP;

d. economic impact of the penalty on the ISP;

e. if the ISP acted in good faith and made reasonable efforts to comply; and

f. any other factors a justice may require. (Sec. 2)

8. Maintains that if an ISP acted in good faith, it is an affirmative defense to an allegation of noncompliance. (Sec. 2)

9. Asserts that this act:

a. does not establish a private right of action, expect that an aggrieved subscriber may report potential violations to the Attorney General; and

b. 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. (Sec. 2)

10. Exempts this act from the following:

a. news, public interest, educational, scientific, artistic or literary broadcasts, websites, videos, reports or events;

b. the rights of news gathering organizations, libraries, schools or other entities that are protected under federal law; and

c. obscene content or content that is otherwise not protected by the first amendment of the United States Constitution. (Sec. 2)

11. Defines adult content website, internet service provider and sexual material that is harmful to minors. (Sec. 2)

12. Contains a legislative findings clause. (Sec. 3)

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16. Initials TM                       HB 2587

17. 2/5/2026    Page 0 Science & Technology

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