Tex. Business & Commerce Code § 509.053
This is the official text of Tex. Business & Commerce Code § 509.053, part of Texas’s Business & Commerce Code — governs commercial transactions and general business practices.
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§ 509.053. DIGITAL SERVICE PROVIDER DUTY TO PREVENT HARM TO KNOWN MINORS.
Official statutory text
(a) In relation to a known minor's use of a digital service, a digital service provider shall develop and implement a strategy to prevent the known minor's exposure to harmful material and other content that promotes, glorifies, or facilitates:
(1) suicide, self-harm, or eating disorders;
(2) substance abuse;
(3) stalking, bullying, or harassment; or
(4) grooming, trafficking, child pornography, or other sexual exploitation or abuse.
(b) A strategy developed under Subsection (a):
(1) must include:
(A) creating and maintaining a comprehensive list of harmful material or other content described by Subsection (a) to block from display to a known minor;
(B) using filtering technology and other protocols to enforce the blocking of material or content on the list under Paragraph (A);
(C) using hash-sharing technology and other protocols to identify recurring harmful material or other content described by Subsection (a);
(D) creating and maintaining a database of keywords used for filter evasion, such as identifiable misspellings, hash-tags, or identifiable homoglyphs;
(E) performing standard human-performed monitoring reviews to ensure efficacy of filtering technology;
(F) making available to users a comprehensive description of the categories of harmful material or other content described by Subsection (a) that will be filtered; and
(G) except as provided by Section 509.058, making available the digital service provider's algorithm code to independent security researchers; and
(2) may include:
(A) engaging a third party to rigorously review the digital service provider's content filtering technology;
(B) participating in industry-specific partnerships to share best practices in preventing access to harmful material or other content described by Subsection (a); or
(C) conducting periodic independent audits to ensure:
(i) continued compliance with the digital service provider's strategy; and
(ii) efficacy of filtering technology and protocols used by the digital service provider.
(1) suicide, self-harm, or eating disorders;
(2) substance abuse;
(3) stalking, bullying, or harassment; or
(4) grooming, trafficking, child pornography, or other sexual exploitation or abuse.
(b) A strategy developed under Subsection (a):
(1) must include:
(A) creating and maintaining a comprehensive list of harmful material or other content described by Subsection (a) to block from display to a known minor;
(B) using filtering technology and other protocols to enforce the blocking of material or content on the list under Paragraph (A);
(C) using hash-sharing technology and other protocols to identify recurring harmful material or other content described by Subsection (a);
(D) creating and maintaining a database of keywords used for filter evasion, such as identifiable misspellings, hash-tags, or identifiable homoglyphs;
(E) performing standard human-performed monitoring reviews to ensure efficacy of filtering technology;
(F) making available to users a comprehensive description of the categories of harmful material or other content described by Subsection (a) that will be filtered; and
(G) except as provided by Section 509.058, making available the digital service provider's algorithm code to independent security researchers; and
(2) may include:
(A) engaging a third party to rigorously review the digital service provider's content filtering technology;
(B) participating in industry-specific partnerships to share best practices in preventing access to harmful material or other content described by Subsection (a); or
(C) conducting periodic independent audits to ensure:
(i) continued compliance with the digital service provider's strategy; and
(ii) efficacy of filtering technology and protocols used by the digital service provider.
Status: in_force · Read it on the official government site
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