House File 2616 H-8344 Amend House File 2616, as passed by the Senate, as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 PUBLICATION AND DISTRIBUTION OF OBSCENE MATERIAL TO MINORS ON 5 THE INTERNET 6 Section 1. NEW SECTION . 554H.1 Publication and distribution 7 of obscene material to minors on the internet. 8 1. For purposes of this section: 9 a. “Covered platform” means a commercial entity that is 10 a website for which it is in the regular course of the trade 11 or business of the entity to create, host, or make available 12 content that meets the definition of obscene material, and is 13 provided by the entity, a user, or other information content 14 provider. 15 b. “Identifying information” means any representation of 16 information that permits the identity of an individual to whom 17 the information applies to be reasonably inferred by either 18 direct or indirect means. 19 c. “Interactive computer service” means the same as defined 20 in 47 U.S.C. §230. 21 d. “Obscene material” means the same as defined in section 22 728.1, subsection 5. 23 2. A covered platform that publishes or distributes obscene 24 material to minors on the internet shall be held liable if the 25 platform fails to perform reasonable age verification to verify 26 the age of individuals attempting to access the material and 27 fails to prevent access by minors to the material. 28 3. Reasonable age verification required under subsection 2 29 includes any of the following age verification methods: 30 a. Government-issued identification. 31 b. Financial documents or other documents that are reliable 32 proxies for age. 33 c. Any other commercially reasonable and reliable age 34 verification method. 35 -1- HF 2616.4081 (2) 90 as/js 1/ 6 #1.

4. Reasonable age verification required under subsection 1 2 may be conducted by a trusted third party other than the 2 covered platform to verify age and may employ cryptographic 3 techniques such as zero knowledge proofs to preserve anonymity 4 and protect privacy. 5 5. A covered platform or third party that performs the 6 required age verification shall not retain any identifying 7 information of the individual after access has been granted to 8 the material. 9 6. Any covered platform that violates the provisions of 10 this section shall be subject to civil liability for damages 11 resulting from a minor’s access to obscene material or from 12 the retention of identifying information and shall include 13 reasonable attorney fees and costs. 14 7. This section shall not be construed to impose civil 15 liability on a user of an interactive computer service on the 16 internet. 17 8. The requirements of this section shall be enforced 18 exclusively through private civil actions. No direct or 19 indirect enforcement of this section may be taken or threatened 20 by the state or any political subdivision thereof. 21 DIVISION II 22 SOCIAL MEDIA PARENTAL AUTHORIZATION ACT 23 Sec. 2. NEW SECTION . 554I.1 Short title. 24 This chapter shall be known and may be cited as the “Social 25 Media Parental Authorization Act” . 26 Sec. 3. NEW SECTION . 554I.2 Definitions. 27 As used in this chapter, unless the context otherwise 28 requires: 29 1. “Data” means individually identifiable information about 30 a person collected online including but not limited to: 31 a. A first and last name. 32 b. A home or other physical address including street name 33 and the name of the city or town. 34 c. Online contact information. 35 -2- HF 2616.4081 (2) 90 as/js 2/ 6

d. A screen or user name that functions in the same manner 1 as online contact information. 2 e. A telephone number. 3 f. A social security number. 4 g. A persistent identifier that can be used to recognize a 5 user over time and across different internet sites or online 6 services including but not limited to a customer number held in 7 a cookie, an internet protocol address, a processor or device 8 serial number, or unique device identifier. 9 h. A photograph, video, or audio file that contains a 10 minor’s image or voice. 11 i. Geolocation information sufficient to a street name and 12 the name of a city or town. 13 j. Information concerning the minor or the parent or legal 14 guardian of that minor that the operator collects online from 15 the minor and combines with other data described in this 16 subsection. 17 2. “Minor” means an individual under the age of eighteen who 18 currently resides in Iowa. 19 3. “Parental authorization” means all of the following: 20 a. A written statement signed by both a minor and the 21 minor’s parent or legal guardian that authorizes the minor to 22 create an account on a social media platform. 23 b. A digital authorization by a parent or a legal guardian 24 of a minor that authorizes the minor to create an account 25 on a social media platform if the social media platform 26 has previously verified that the account granting parental 27 authorization belongs to the parent or legal guardian of the 28 minor seeking parental authorization. 29 4. “Social media company” means a company that operates a 30 social media platform. 31 5. a. “Social media platform” means an internet site or 32 application that is open to the public and that allows a user 33 to create an account and do all of the following: 34 (1) Create personal profiles or accounts that include the 35 -3- HF 2616.4081 (2) 90 as/js 3/ 6

person’s name, age, location, and other personal information. 1 (2) Connect with other social media platform users as 2 friends, followers, or any other means of connecting that 3 allows other users to access shared content. 4 (3) Facilitate public access to content, including text, 5 images, videos, internet site links, or any other information. 6 (4) Send private messages to other social media platform 7 users. 8 (5) Create groups for the purpose of communicating about 9 shared interests. 10 b. “Social media platform” does not include an online 11 service, website, or application where the predominate or 12 exclusive function is interactive gaming, virtual gaming, or 13 an online service that allows the creation and uploading of 14 content for the purpose of interactive gaming, educational 15 entertainment, or associated entertainment, and the 16 communication related to such content. 17 6. “User” means an individual who uses a social media 18 platform. 19 Sec. 4. NEW SECTION . 554I.3 Parental authorization 20 requirements. 21 1. A social media company shall not permit a minor to be 22 an account holder on the social media company’s social media 23 platform unless the social media company has received prior 24 express parental authorization. A social media company may 25 rely on a reasonable representation of authority by a parent 26 or legal guardian allowing a minor to be an authorized account 27 holder. 28 2. A social media company shall allow a parent or guardian 29 who has provided parental authorization to revoke or rescind 30 the grant of parental authorization upon request at any time. 31 3. A social media company shall not collect, transfer, 32 transmit, image, or retain any data from or regarding a minor 33 if the minor has not received parental authorization for the 34 minor to be an account holder on the social media company’s 35 -4- HF 2616.4081 (2) 90 as/js 4/ 6

social media platform in accordance with subsection 1. 1 4. Notwithstanding any other provision of this chapter, a 2 social media company shall not permit a minor to create, use, 3 or hold an account on the social media company’s social media 4 platform if the minor is prohibited from creating, using, or 5 holding an account on a social media platform under any other 6 provision of state or federal law. 7 5. A social media company shall provide a parent or guardian 8 who has granted parental authorization under subsection 1 with 9 a password or other means to access the account of the minor, 10 which shall allow the parent or guardian to do all of the 11 following: 12 a. View all posts created by the minor on the social media 13 platform. 14 b. View all messages sent by, and responses received by, the 15 minor on the social media platform. 16 c. Control the privacy and account settings of the minor’s 17 account on the social media platform. 18 d. Monitor and limit the amount of time the minor may spend 19 using the social media platform. 20 Sec. 5. NEW SECTION . 554I.4 Enforcement —— penalties. 21 If the attorney general has reasonable belief that a social 22 media company is in violation of this chapter, the attorney 23 general may bring a civil action to provide for civil penalties 24 in an amount not more than one thousand dollars for each 25 violation of this chapter. 26 Sec. 6. NEW SECTION . 554I.5 Private right of action. 27 A person harmed by a violation of this chapter by a social 28 media company may bring a civil action in the district court 29 in which the person resides and, upon a finding that a social 30 media company violated this chapter, a district court may order 31 any of the following: 32 1. Damages in an amount equal to the greater of either ten 33 thousand dollars for each violation or, if the court determines 34 that the social media company’s violation was the direct cause 35 -5- HF 2616.4081 (2) 90 as/js 5/ 6

of the harm, the amount of actual damages for any financial, 1 physical, and emotional harm to the person bringing the action. 2 2. Punitive damages. 3 3. Reasonable attorney fees and court costs. 4 Sec. 7. NEW SECTION . 554I.6 Rules. 5 The attorney general shall adopt rules pursuant to chapter 6 17A to administer this chapter, including but not limited to 7 rules to establish all of the following: 8 1. Processes or means by which a social media company can 9 comply with the parental authorization requirements under 10 section 554H.3. 11 2. Acceptable forms or methods of parental authorization. 12 3. Processes to confirm that a social media company has 13 received parental authorization under section 554H.3 for each 14 minor that has created an account on the social media company’s 15 social media platform. 16 Sec. 8. APPLICABILITY. This division of this Act applies to 17 a social media company operating on or after the effective date 18 of this Act. > 19 2. Title page, by striking lines 1 and 2 and inserting < An 20 Act relating to the publication or distribution of obscene 21 material to minors on the internet, age verification, and 22 parental authorization for minors to create accounts on social 23 media platforms, providing civil penalties, and including 24 applicability provisions. > 25 ______________________________ THOMSON of Floyd -6- HF 2616.4081 (2) 90 as/js 6/ 6 #2.