Relating to the declaration of a common nuisance involving a computer network or web address. 

This bill would add to the list of offenses considered a common nuisance. If this bill passes, and if a computer network or a web address is used to commit certain offenses related to prostitution, compelling prostitution, and/or human trafficking, then the person operating a web address or computer network could be declared to be maintaining a common nuisance. This bill would establish a process for an individual, the attorney general, or a city, county, or district attorney to file a suit to declare that a person operating a web address or computer network is maintaining a common nuisance. If the finding is affirmative, the attorney general may notify internet service providers, hosting companies, or device manufacturers about the finding, or they may post the judicial finding on the attorney general’s website. This bill also allows for the abatement of maintaining this common nuisance under the same procedure as other common nuisances.

The fact that this bill would target the person operating a web address or computer network even if it is not the same person who is engaged in illegal conduct, is concerning for our liberty principles of private property and limited government. A computer network is categorically different than physical property, and to treat it in the same manner as a public nuisance of physical property would allow for too much ambiguity in the abatement of these activties. For these reasons we oppose HB 2770.