First of all, IANAL...but...in my understanding...
I went to the websites this judge watched and all of them were and are legal, anyone can click on them. Plus, there was NO rule of the county regarding use of their computers. He could watch anything he wanted since there were no rules.
Well, much of porn is legal. Some of it depends on local community standards, etc., but in general, it's "obscenity" that's the problem, and that's judged by the
Roth and
Fanny Hill tests.
I SHOULD ADD, Who in Rhode Island is going to decide what is porn?
I give credit to AL.com for providing a link to the bill:
http://webserver.rilin.state.ri.us/BillText/BillText18/SenateText18/S2584.pdfThe bill states, in part:
(a) An Internet service provider, as defined in § 39-2-20.1, shall provide with any Internet service or product sold, leased or distributed, a digital blocking capability that renders inaccessible sexual content and/or patently offensive material as defined in § 11-31-1.
The $20 must be paid to activate unblocking of that service.
And I believe § 11-31-1 is here:
https://law.justia.com/codes/rhode-island/2012/title-11/chapter-11-31/chapter-11-31-1/ (the "obscenity" clause).
In other words,
any sexual content seems to be covered, not just pornographic (unless they define "sexual content" somewhere...I'm not familiar with Rhode Island law). Note that this would mean that it doesn't have to meet the
Youngstown test -- sexual art would be covered, too, from what I can see. Also, I imagine this would include medical programs.
It's a ridiculous bill. But not final law. Still, it would be nice to get the word out that Dems are proposing this -- the younger folks won't like it!
@Victoria33