Senate File 2178 - Introduced
SENATE FILE
BY WARNSTADT, BEALL, STEWART,
RAGAN, KREIMAN, SENG, and
McCOY
(COMPANION TO LSB 5633HH
BY PETERSEN)
Passed Senate, Date Passed House, 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 5633SS 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 5633SS 81
7 11 kk:nh/sh/8.1