A Rhode Island lawmaker has withdrawn a bill that would have required a filter for online pornography that could be lifted with a $20 fee.
A proposal that would have required a filter for online pornography that could be lifted with a $20 fee was withdrawn Tuesday by a Rhode Island lawmaker who cited the « dubious origins » of the measure.
Sen. Frank Ciccone said he pulled the bill after The Associated Press reported Monday that the legislation had been pushed around the country by a man with a history of outlandish lawsuits including trying to marry his computer as a statement against gay marriage.
The measure pushed in statehouses across the country by Chris Sevier has been described as the « Elizabeth Smart Law » after the girl who was kidnapped from her Utah home as a teenager in 2002.
Ciccone said he made the decision after learning from the AP story that Smart had sent a cease-and-desist letter to backers of the bill and « was in no way involved with this legislation. »
Aside from Smart’s complaint, the legislation has also drawn criticism from groups including the American Civil Liberties Union and the National Center on Sexual Exploitation, an anti-pornography advocacy group. The center demanded last year that the Sevier stop claiming it supported his work.
The Electronic Frontier Foundation, which opposes the idea, has tracked about two dozen similar bills in 18 state legislatures this year, none of which have passed.
Sevier and supporters say it would protect children and others by making pornography and sites that allow human trafficking harder to access.
Sevier said that he chose Smart’s name because she has spoken about the negative effects of pornography, including that pornography during her captivity « made my living hell worse. »
After being told by The Associated Press that Smart’s lawyer was sending a cease-and-desist letter, Sevier said the name « Elizabeth Smart Law » was an « offhand name » that had been given to the legislation by lawmakers. The bill also is promoted as the Human Trafficking and Child Exploitation Prevention Act.
« Obviously, we’re not trying to hurt Elizabeth Smart, for god’s sake, » Sevier said. « We don’t really care what it’s called. We just want it to pass. And we’re going to see to it that it passes, and the law is on our side. »
Smart’s new book, « When There’s Hope: Healing, Moving Forward, and Never Giving Up, » which addresses her 9-month abduction ordeal as well as stories of others who have survived adversity, was released Tuesday.
A federal judge in Utah on March 16 threw out a lawsuit from Sevier that targeted gay marriage by arguing that he should be able to marry his laptop. Similar lawsuits in Texas, Tennessee, South Carolina and Kentucky have been dismissed.
Sevier was sentenced to probation after being found guilty in 2014 of harassment threats against country singer John Rich. Sevier previously told the AP that he didn’t do anything wrong, and that the case came after a variety of lawsuits between the two men.
The bills differ in some details but generally include requiring internet service providers, or those who sell internet-capable devices, to install a filter that screens out obscene material or sites that facilitate prostitution. The blocking can be lifted with a $20 payment. Both Republicans and Democrats have sponsored it.
Both the EFF and American Civil Liberties Union say the idea is unconstitutional, including because it would install a censorship filter onto everyone’s computer that would screen out lawful content.
« I am not quite sure whether legislators really fully understand the nanny state this bill would create, » said Dave Maass, of EFF. « Now what I find fascinating is I just don’t understand how (Sevier) is pulling this off, like how he’s convincing so many people to introduce this bill. »
Before withdrawing the measure, Ciccone had said in a news release that he sponsored the bill because children « have easy access to materials that no child should be viewing, such as pornography and other highly offensive or disturbing material. »
He maintained that his intent was to require that such filters be made available to parents who want them, and called the bill a « work-in-progress. »
A Rhode Island Senate spokesman, Greg Pare, had called it « a national bill » modeled after one in New Jersey. Similar legislation introduced in New Jersey has not been voted on.
Pare cited the HumanTraffickingPreventionAct.com website that Sevier is behind, which says at the top that the act is « referred to as the Elizabeth Smart Law. » A spokesman for Smart said she has nothing to do with it.
« Elizabeth is not connected with this organization, » spokesman Chris Thomas told the AP. « There was absolutely no authorization to use her name. »
She had a lawyer send a cease-and-desist letter this month that tells the group to stop using her name « in any way, » Thomas said.
Sevier told the AP that he met with Smart’s father, Ed, in Utah and « he knows about it. »
Elizabeth Smart’s spokesman said that Ed Smart met in the past with a group pushing the idea, but he suggested his daughter send the letter.
