Senate Amendment to House File 864 H-8430 Amend House File 864, as passed by the House, as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. NEW SECTION . 554J.1 Definitions. 4 For purposes of this chapter: 5 1. “Application” means a software application or electronic 6 service that a user may run or direct on a mobile device. 7 2. “Commercial entity” means a legally recognized business 8 entity. 9 3. “Digital identification” means information stored on a 10 digital network that may be accessed by a commercial entity and 11 that serves as proof of the identity of an individual. 12 4. “Interactive computer service” means the same as defined 13 in 47 U.S.C. §230. 14 5. “Minor” means an individual under eighteen years of age. 15 6. “Mobile device” means a device described by all of the 16 following: 17 a. The device is small enough to be held and operated in 18 hand. 19 b. The device provides a cellular or wireless connection to 20 the internet. 21 c. The device has the ability to run an application. 22 7. “News-gathering organization” means any of the following: 23 a. An employee of a newspaper, news publication, or other 24 commercial entity with the primary purpose of serving as a 25 source of current news and public interest stories, who is 26 acting within the course and scope of that employment and can 27 provide documentation of that employment. 28 b. An employee of a radio broadcast station, television 29 broadcast station, cable television operator, or wire service 30 who is acting within the course and scope of that employment 31 and can provide documentation of that employment. 32 8. “Pornographic for minors” means material or a performance 33 described by all of the following: 34 a. The average person, applying contemporary community 35 -1- HF 864.4348.S (1) 91 mb 1/ 4 #1.

standards, would find that the material or performance, taken 1 as a whole, has a tendency to cater or appeal to a prurient 2 interest of minors. 3 b. The material or performance depicts nudity, sexual 4 conduct, the condition of human genitals when in a state of 5 sexual stimulation or arousal, or sadomasochistic abuse in a 6 way which is patently offensive to the average person applying 7 contemporary adult community standards with respect to what is 8 suitable for minors. 9 c. The material or performance, taken as a whole, lacks 10 serious literary, artistic, political, or scientific value for 11 minors. 12 9. “Provider” means all of the following: 13 a. An internet service provider. 14 b. A cloud service provider. 15 c. A wireless service provider. 16 d. An internet search engine. 17 e. An information service as defined in 47 U.S.C. §153. 18 f. A telecommunications service as defined in 47 U.S.C. 19 §153. 20 g. A cable service as defined in 47 U.S.C. §522. 21 h. An affiliate or a subsidiary of an entity listed in 22 paragraphs “a” through “g” . 23 10. “Substantial portion” means thirty-three percent or more 24 of the total amount of data publicly available on an internet 25 site or application. 26 11. “Transactional data” means a sequence of information 27 that documents an exchange, agreement, or transfer between an 28 individual, commercial entity, or third party. 29 Sec. 2. NEW SECTION . 554J.2 Age verification. 30 1. A person shall not operate an internet site, an 31 application, or a segment of an internet site or application, 32 including on a social media platform, that contains a 33 substantial portion of content pornographic for minors unless 34 the person uses reasonable age verification to prevent minors 35 -2- HF 864.4348.S (1) 91 mb 2/ 4

from accessing such content. 1 2. Reasonable age verification shall include any of the 2 following: 3 a. Requiring an individual to provide digital 4 identification. 5 b. A method that is commercially reasonable given a person’s 6 scope of business and that relies on transactional data to 7 verify an individual’s age. 8 c. A method approved by the attorney general by rule. 9 3. A person that performs reasonable age verification under 10 this section, including a third party that contracts with a 11 person to perform reasonable age verification for the person, 12 shall not retain, sell, lease, or otherwise disseminate any 13 identifying information of an individual subject to reasonable 14 age verification unless retention or dissemination of the 15 identifying information is required by law or a court order. 16 4. A person that performs reasonable age verification 17 under this section, including a third party that contracts 18 with a person to perform reasonable age verification for the 19 person, shall use reasonable methods given the person’s scope 20 of business to secure all data collected and transmitted under 21 this section. 22 Sec. 3. NEW SECTION . 554J.3 Limitations. 23 1. This chapter shall not apply to any of the following: 24 a. A bona fide news or public interest broadcast, news 25 recording, report, or event. 26 b. A news-gathering organization. 27 c. An internet service provider, an internet service 28 provider’s affiliates and subsidiaries, a search engine, 29 or a cloud service provider solely for providing access or 30 connection to an internet site or other information or content 31 on the internet, in a facility, on a system, or on a network 32 not under the internet service provider’s, affiliate’s, 33 subsidiary’s, search engine’s, or cloud service provider’s 34 control. This subsection shall not apply if the internet 35 -3- HF 864.4348.S (1) 91 mb 3/ 4

service provider, affiliate, subsidiary, search engine, or 1 cloud service provider was responsible for the creation of the 2 content pornographic for minors. 3 2. This chapter shall not be construed to impose liability 4 on a user of an interactive computer service on the internet. 5 3. This chapter shall not be construed to impose liability 6 on a provider solely for providing access or connection to 7 an internet site, system, or network that contains material 8 pornographic for minors provided that the internet site, 9 system, or network is not under the provider’s control. For 10 purposes of this subsection, “access or connection” includes 11 but is not limited to transmitting, downloading, providing 12 intermediate storage for, and providing access software for 13 data. 14 Sec. 4. NEW SECTION . 554J.4 Enforcement and penalties. 15 1. The attorney general shall enforce this chapter, seek 16 injunctions for violations of this chapter, and bring actions 17 against a person thought to be in violation of this chapter. 18 2. Each time an individual accesses an internet site 19 or application not in compliance with this chapter shall 20 constitute a separate violation. 21 3. a. A violation of this chapter is punishable by a civil 22 penalty of up to one thousand dollars per violation. A person 23 in violation of this chapter shall not accrue civil penalties 24 of more than ten thousand dollars in a single day. 25 b. Civil penalties collected under this section shall be 26 deposited into the general fund of the state. 27 Sec. 5. NEW SECTION . 554J.5 Rules. 28 The attorney general shall adopt rules pursuant to chapter 29 17A to implement and administer this chapter. > 30 2. Title page, by striking lines 1 through 3 and inserting 31 < An Act requiring persons who operate certain internet sites, 32 applications, or a segment of an internet site or application 33 that contains material pornographic for minors to perform 34 reasonable age verification. > 35 -4- HF 864.4348.S (1) 91 mb 4/ 4