Getty Images | Brian Bumby
A proposed state law in Texas would force internet service providers to block websites that contain information on how to get an abortion or abortion pills. Republican Rep. Steve Toth, a state representative, introduced the bill last week.
Texas already has some laws that severely limit access to abortion, but the new proposal is notable for seeking to control how ISPs provide access to the web. “Each Internet service provider that provides Internet service in this state is authorized to block Internet access to information or materials intended to assist or expedite efforts to obtain elective abortion or abortion drugs. , must make every reasonable and technically practicable effort,” the bill states. .
The bill lists six websites that should be blocked. ISPs may also use websites or online platforms “operated by or on behalf of abortion providers or abortion funds” and “offer or facilitate selective abortion or efforts to obtain an abortion.” Websites or platforms that are used to download “designed” software should be blocked. Abortion inducer. “
Finally, the bill would allow ISPs to “authorize or authorize money to be collected by anyone who provides, assists, or facilitates elective abortion, or who manufactures, mails, distributes, transports, or provides abortion-inducing drugs. Forcing you to block any website or platform that allows you to trade digital currency, resources, or anything else of value.”
A person who becomes aware of a website containing information that prohibits abortion can notify the ISP and “request that the provider block access to the information or material in accordance with its section,” the bill said. I’m here.
Bill Encourages Civil Litigation
Toth’s proposal is not just for ISPs. Texas individuals are prohibited, for example, from creating or hosting websites or platforms that “help or facilitate the efforts of persons to obtain abortion pills.”
More broadly, the bill establishes “civil liability for the distribution of abortion pills.” It seeks to extend the scope of the law beyond the borders of Texas, stating that “the laws of this state apply to the use of abortion-inducing drugs by residents of this state, regardless of where the drug is used.” “It will be done.” Because the bill is targeted at distribution, women who have abortions are not held accountable.
The bill creates a private civil action right that allows individuals to sue any person or organization that violates the proposed law. A private right of action includes having Texans sue an interactive computer service that provides “information or materials that aid or facilitate efforts to obtain selective abortion or abortion-inducing drugs.”
The bill criminalizes paying for elective abortions or destroying evidence of elective abortions, but otherwise limits enforcement to civil actions. It specifies that state or local government officials cannot take action against her ISP, interactive computer service, or anyone else who violates a particular section of the law.
ISP liability shield could spur more blocking
Despite its emphasis on civil litigation, the bill states that government officials “may require or encourage Internet service providers to comply with the requirements of this subchapter.” . It also gives ISPs a shield of liability that can act as an incentive to make mistakes on the part of blocking more websites.
ISP reserves the “absolute and non-waiver of liability or action” for “actions taken to comply with the requirements of this subchapter or to restrict access to or use of any information or material contained therein.” It will receive “possible immunity,” the bill states. ISPs who qualify for this exemption can even recover monetary damages from those who file lawsuits.
The bill also appears to encourage ISPs to block broadband services from people trying to disseminate information about abortion. ISPs are subject to the same “absolute and denial of service from liability or lawsuit” for “denial of service to persons who use or attempt to use the Internet to make available information and materials” as described in the bill. You will be subject to a non-waivable indemnification.
Users and providers of interactive computer services may restrict access to abortion information or “any person who provides, supports, or facilitates elective abortion, manufactures, mails, distributes, transports, or provides abortion.” are also immune from action for actions taken to deny service to inducer. “
The abortion bill would raise concerns about government dictating which websites people can visit, especially since federal net neutrality rules were repealed by the Trump-era Federal Communications Commission. You can still file an objection in court. As Free Press General Counsel Matt Wood told Right Reading, “This bill that would force state governments to make those choices for both carriers and their customers is absolutely terrifying. is also constitutionally questionable.”
