House File 2285 - Introduced
HOUSE FILE
BY PETERSEN, WISE, REICHERT,
REASONER, SHOMSHOR, QUIRK,
FREVERT, GASKILL, HEDDENS,
WHITAKER, BUKTA, D. OLSON,
SHOULTZ, JOCHUM, MASCHER,
KRESSIG, T. TAYLOR, WINCKLER,
LENSING, D. TAYLOR, PETTENGILL,
BERRY, WENDT, SWAIM, COHOON,
FOEGE, MERTZ, BELL, HUSER,
R. OLSON, WHITEAD, LYKAM,
JACOBY, OLDSON, MURPHY, KUHN,
FALLON, MILLER, and HUNTER
(COMPANION TO LSB 5633SS
BY WARNSTADT)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act restricting electronic access to minors for certain
2 purposes by creating a kids no e=contact list, prohibiting the
3 sending of certain electronic messages to minors, creating a
4 kids no e=contact list fund and providing for fees, and
5 providing for civil penalties and remedies, and making
6 appropriations and providing an effective date.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
8 TLSB 5633HH 81
9 kk/sh/8
PAG LIN
1 1 Section 1. NEW SECTION. 714C.1 TITLE.
1 2 This chapter shall be known and may be cited as the "Iowa
1 3 Kids No E=Contact Act".
1 4 Sec. 2. NEW SECTION. 714C.2 DEFINITIONS.
1 5 As used in this chapter, unless the context otherwise
1 6 requires:
1 7 1. "Administrator" means the attorney general, a designee
1 8 of the attorney general, or a third party contracted with by
1 9 the attorney general to administer the list.
1 10 2. "Contact point" means any electronic identification to
1 11 which electronic messages can be sent, including any of the
1 12 following:
1 13 a. An instant message identity.
1 14 b. A wireless telephone, a personal digital assistant, a
1 15 pager, or any other similar wireless communication device.
1 16 c. A facsimile number.
1 17 d. An electronic mail address.
1 18 e. Other electronic addresses as determined by the
1 19 attorney general.
1 20 3. "Internet domain name" means a globally unique,
1 21 hierarchical reference to an internet host or service,
1 22 assigned through centralized internet authorities, comprising
1 23 a series of character strings separated by periods, with the
1 24 right=most string specifying the top of the hierarchy.
1 25 4. "List" means the kids no e=contact list established
1 26 under section 714C.3.
1 27 5. "Minor" means a person under the age of eighteen years.
1 28 Sec. 3. NEW SECTION. 714C.3 KIDS NO E=CONTACT LIST ==
1 29 ESTABLISHMENT == ACCESS FEE.
1 30 1. The attorney general shall establish and operate a kids
1 31 no e=contact list. The attorney general may enter into any
1 32 necessary contracts or agreements with a third party to
1 33 implement the list and act as administrator.
1 34 2. A parent, guardian, individual, or an entity under
1 35 subsection 4 who is responsible for a contact point to which a
2 1 minor may have access may register that contact point with the
2 2 administrator. The administrator shall establish procedures
2 3 to ensure that a registrant meets the requirements of this
2 4 subsection, and, to the extent possible, to prevent the use or
2 5 disclosure of protected contact points as required under
2 6 section 714C.6.
2 7 3. A registration under this section shall not be for more
2 8 than three years. If the contact point is registered for a
2 9 specific minor, the registration expires the year the minor
2 10 turns eighteen years of age. A registration can be revoked or
2 11 renewed by the registrant upon notification to the
2 12 administrator.
2 13 4. Schools and other institutions or entities primarily
2 14 serving minor children may register one or more contact points
2 15 with the administrator. An entity under this subsection may
2 16 make one registration for all contact points of the entity,
2 17 and the registration may include the entity's internet domain
2 18 name.
2 19 5. A fee or charge shall not be assessed against or
2 20 incurred by a person registering a contact point under this
2 21 chapter.
2 22 6. A person desiring to send a message described in
2 23 section 714C.5 shall verify compliance with the list through a
2 24 mechanism established by the administrator. A sender shall
2 25 pay the administrator a fee for access to the compliance
2 26 verification mechanism. The access fee shall be set by rule
2 27 by the attorney general. The fee shall not exceed three cents
2 28 per contact point checked and shall be based on the number of
2 29 contact points checked against the list for each time a
2 30 contact point is checked.
2 31 7. The fees collected under this section shall be credited
2 32 to the kids no e=contact list fund created under section
2 33 714C.4.
2 34 8. The list shall be fully operational not later than July
2 35 1, 2007.
3 1 Sec. 4. NEW SECTION. 714C.4 KIDS NO E=CONTACT LIST FUND
3 2 == APPROPRIATION.
3 3 1. The kids no e=contact list fund is established in the
3 4 office of the treasurer of state and under the control of the
3 5 attorney general. Moneys shall be deposited into the fund as
3 6 required by section 714C.3.
3 7 2. Moneys in the fund are appropriated to the attorney
3 8 general for the purposes of administering this chapter and for
3 9 the investigation, enforcement, and defense of this chapter.
3 10 Notwithstanding section 8.33, any moneys in the fund shall not
3 11 revert. Notwithstanding section 12C.7, subsection 2, interest
3 12 or earnings on moneys deposited in the fund shall be credited
3 13 to the fund.
3 14 Sec. 5. NEW SECTION. 714C.5 PROHIBITED ACTS ==
3 15 EXCEPTIONS.
3 16 1. A person shall not send, cause to be sent, or conspire
3 17 with a third party to send a message to a contact point that
3 18 has been registered with the administrator for more than
3 19 thirty calendar days if the primary purpose of the message is
3 20 to, directly or indirectly, advertise or otherwise link to a
3 21 message that advertises a product or service that a minor is
3 22 prohibited by law from purchasing, viewing, possessing,
3 23 participating in, or otherwise receiving in this state.
3 24 2. Prior to sending a message described in subsection 1,
3 25 the sender shall use the compliance verification mechanism
3 26 created under section 714C.3, subsection 6, to ensure
3 27 compliance with this section.
3 28 3. The consent of a minor or third party to receive the
3 29 message is not a defense to a violation of this section.
3 30 4. A person does not violate this section because the
3 31 person is an intermediary between the sender and recipient in
3 32 the transmission of an electronic message that violates this
3 33 section or unknowingly provides transmission of electronic
3 34 messages over the person's computer network or facilities that
3 35 violate this section.
4 1 5. The sending of a message described in subsection 1 is
4 2 prohibited only if it is otherwise illegal for a person to
4 3 provide access to or for a minor to purchase, view, possess,
4 4 participate in, or otherwise receive the product or service.
4 5 Sec. 6. NEW SECTION. 714C.6 ACCESS TO LIST INFORMATION
4 6 == CONFIDENTIALITY.
4 7 1. A person shall not release to another person
4 8 information concerning information contained in the list or
4 9 provide access to contact points or other information
4 10 contained in the list except as provided by this chapter.
4 11 2. A person shall not sell or use the list for any reason
4 12 other than to meet the requirements of this chapter.
4 13 3. A person shall not access or attempt to access the list
4 14 except as provided by this chapter.
4 15 4. The information contained in the list and submitted for
4 16 deposit in the list is not a public record subject to
4 17 disclosure under chapter 22.
4 18 Sec. 7. NEW SECTION. 714C.7 REMEDIES == CIVIL PENALTIES
4 19 == APPROPRIATION.
4 20 1. A civil action may be brought by any of the following
4 21 persons:
4 22 a. An authorized individual or the registrant of the
4 23 contact point on behalf of a minor who has received a message
4 24 in violation of this chapter against the sender of the
4 25 message.
4 26 b. A person through whose facilities the message was
4 27 transmitted in violation of this chapter against the sender of
4 28 the message.
4 29 c. The attorney general against a person who has violated
4 30 any provision of this chapter.
4 31 2. In a civil action brought under subsection 1, the
4 32 prevailing party may be awarded reasonable attorney fees,
4 33 costs, interest, and either of the following:
4 34 a. Actual damages.
4 35 b. The lesser of the following civil penalties:
5 1 (1) Five thousand dollars per message received by a
5 2 recipient or transmitted by the sender in violation of this
5 3 chapter.
5 4 (2) Two hundred and fifty thousand dollars for each day
5 5 that the violation occurs.
5 6 3. If the attorney general has reason to believe that a
5 7 person has violated any provision of this chapter, the
5 8 attorney general may investigate the business transactions of
5 9 that person to the extent necessary to determine if a
5 10 violation has occurred. The attorney general may require that
5 11 person to appear, at a reasonable time and place, to give
5 12 information under oath and to produce such documents and
5 13 evidence necessary to determine whether the person is in
5 14 compliance with the requirements of this chapter.
5 15 4. Any civil penalties and attorney fees collected by the
5 16 attorney general under this section are appropriated to the
5 17 attorney general for the costs of investigating, enforcing,
5 18 and defending this chapter.
5 19 Sec. 8. NEW SECTION. 714C.8 RULES.
5 20 The attorney general may adopt rules necessary to implement
5 21 this chapter.
5 22 Sec. 9. EFFECTIVE DATE. This Act, being deemed of
5 23 immediate importance, takes effect upon enactment.
5 24 EXPLANATION
5 25 This bill provides for a prohibition against sending
5 26 certain electronic messages to minors and creates a kids no e=
5 27 contact list of contact points for minors. The bill requires
5 28 the attorney general to establish a kids no e=contact list,
5 29 who may do so by contract with a third party to act as
5 30 administrator. Any parent, guardian, school, or other person
5 31 or institution primarily serving minors responsible for a
5 32 contact point to which a minor may have access may register
5 33 that contact point with the kids no e=contact list. The bill
5 34 defines a "contact point" as any electronic identification to
5 35 which messages can be sent including instant messages, a
6 1 wireless communication device, fax number, or electronic mail
6 2 address.
6 3 Prior to sending an electronic message to a contact point
6 4 for the primary purpose of advertising a product or service
6 5 that a minor is prohibited by law from purchasing, viewing,
6 6 possessing, participating in, or otherwise receiving, the
6 7 sender shall verify that the contact point is not registered
6 8 with the kids no e=contact list. The administrator of the
6 9 registry, which may be the attorney general, a designee of the
6 10 attorney general, or a third party, may charge a fee to a
6 11 person verifying contact points but may not charge a fee for
6 12 the registration of a contact point. The fee shall be
6 13 established by the attorney general by rule.
6 14 A person who sends, causes to be sent, or conspires with a
6 15 third party to send a message to a contact point that has been
6 16 registered with the administrator for more than 30 days may
6 17 have a civil action brought against the person by the attorney
6 18 general, an authorized person on behalf of a minor, or by a
6 19 person through whose facilities the messages were transmitted.
6 20 The remedies available in the civil action include reasonable
6 21 attorney fees, costs, and interest and either actual damages
6 22 or civil penalties in the lesser amount of $5,000 per message
6 23 received or transmitted or $250,000 for each day the violation
6 24 occurred. Consent to receipt of a message by a minor or other
6 25 third party is not a defense to a violation. A person who is
6 26 an intermediary between the sender and recipient of the
6 27 electronic message may not be liable for violations without
6 28 actual knowledge that the transmission was a violation.
6 29 The bill provides that a registration of a contact point
6 30 expires every three years and also when the minor turns 18
6 31 years of age. The bill requires the list to be operational
6 32 not later than July 1, 2007. The bill creates a kids no e=
6 33 contact list fund and appropriates all fees collected to the
6 34 fund to be expended by the attorney general to administer and
6 35 enforce the new Code chapter.
7 1 The bill provides that information contained in the list
7 2 shall not be released except as specified. The bill prohibits
7 3 a person from selling or using the list for any reason other
7 4 than as specified and prohibits a person from accessing or
7 5 attempting to access the list except as specified. The bill
7 6 provides that the information contained in the list and
7 7 submitted for deposit in the list is not a public record under
7 8 Code chapter 22.
7 9 The bill provides for an immediate effective date.
7 10 LSB 5633HH 81
7 11 kk:nh/sh/8.1