House File 2202 - Introduced
HOUSE FILE
BY PAULSEN, TYMESON, and
BAUDLER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the regulation of a commercial social
2 networking internet site, and providing a penalty.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5076HH 82
5 jm/rj/5
PAG LIN
1 1 Section 1. NEW SECTION. 716C.1 COMMERCIAL SOCIAL
1 2 NETWORKING INTERNET SITES == PERMISSION.
1 3 1. As used in this section:
1 4 a. "Commercial social networking internet site" means an
1 5 internet site that is operated by a person who derives
1 6 membership fees, advertising, or other revenue sources related
1 7 to the operation of an internet site that facilitates the
1 8 social introduction between two or more persons for the
1 9 purpose of friendship, meeting other persons, or information
1 10 exchanges, and permits the creation of internet pages or
1 11 personal profiles that contain information such as the name or
1 12 nickname of the user, photographs, and other personal
1 13 information about the user, and links to other personal
1 14 internet pages on the commercial social networking internet
1 15 site of friends or associates of the user that may be accessed
1 16 by other users or visitors to the internet site, and provides
1 17 users or visitors mechanisms to communicate with each other,
1 18 such as a message board, chat room, electronic mail, or
1 19 instant messaging.
1 20 b. "Protected computer" means a computer or other
1 21 electronic device used to access the internet that at the time
1 22 of the alleged violation is located within the geographic
1 23 boundaries of this state.
1 24 2. A commercial social networking internet site shall not
1 25 permit a minor using a protected computer to create or
1 26 maintain a personal internet page on a commercial social
1 27 networking internet site unless the parent, guardian, or legal
1 28 custodian has granted the minor permission to create or
1 29 maintain a personal internet page on a commercial social
1 30 networking internet site.
1 31 3. If a parent, guardian, or legal custodian of the minor
1 32 has granted the minor permission to access the commercial
1 33 social networking internet site, the owner of a commercial
1 34 social networking internet site shall provide the parent,
1 35 guardian, or legal custodian access to the minor's personal
2 1 internet page at all times.
2 2 4. A commercial social networking internet site shall
2 3 adopt and implement procedures to confirm the identities and
2 4 ages of a parent, guardian, or legal custodian who provides
2 5 permission to access the social networking internet site by
2 6 independently validating the accuracy of personal
2 7 identification information submitted at the time of
2 8 registration.
2 9 5. If the minor does not receive permission from a parent,
2 10 guardian, or legal custodian or the personal identification
2 11 information of the parent, guardian, or legal custodian cannot
2 12 be independently confirmed, the minor shall not be permitted
2 13 to create or maintain a personal internet page on the social
2 14 networking internet site.
2 15 6. This section does not apply to an internet service or
2 16 hosting provider by reason of such provider transmitting,
2 17 routing, or providing connections for information sent or
2 18 received from a commercial social networking internet site,
2 19 unless the internet service or hosting provider intentionally
2 20 aids and abets a violation of this section.
2 21 7. A commercial social networking internet site or any
2 22 other entity that violates this section is subject to a five
2 23 hundred dollar civil penalty. Each violation of this section
2 24 constitutes a separate violation.
2 25 8. The attorney general may file an action for violations
2 26 of this section in district court on behalf of the residents
2 27 of this state.
2 28 9. Civil penalties shall be collected by the clerk of the
2 29 district court and distributed as provided in section
2 30 602.8108.
2 31 EXPLANATION
2 32 This bill relates to the regulation of a commercial social
2 33 networking internet site.
2 34 The bill provides that a commercial social networking
2 35 internet site shall not permit a minor under 18 years of age
3 1 using a computer or other electronic device to create or
3 2 maintain a personal internet page on a commercial social
3 3 networking internet site unless the parent or guardian of the
3 4 minor has granted the minor permission to access the social
3 5 networking internet site. The bill provides that a commercial
3 6 social networking internet site shall adopt and implement
3 7 procedures to independently confirm the identities and ages of
3 8 the parent or guardian.
3 9 Under the bill, if a commercial social networking internet
3 10 site has received permission from the parent or guardian of
3 11 the minor, the internet site shall provide access to the
3 12 parent or guardian to the personal internet page of the minor
3 13 at all times.
3 14 If a minor does not have permission from a parent or
3 15 guardian to access the commercial social networking internet
3 16 site, the bill prohibits a minor from creating or maintaining
3 17 a personal internet page on the commercial social networking
3 18 internet site on and after the effective date of the Act.
3 19 The bill does not apply to an internet service or hosting
3 20 provider by reason of such provider transmitting, routing, or
3 21 providing connections for information sent or received from a
3 22 commercial social networking internet site, unless the
3 23 internet service or hosting provider intentionally aids and
3 24 abets a violation of the bill.
3 25 The bill provides that the attorney general may file an
3 26 action for violations of the bill on behalf of the state in
3 27 district court. A commercial social networking internet site
3 28 or any other entity that violates the bill is subject to a
3 29 $500 civil penalty. Each violation of the bill constitutes a
3 30 separate violation.
3 31 The bill applies to computer or other electronic devices
3 32 used to access the internet located within the geographic
3 33 boundaries of this state.
3 34 The bill defines "commercial social networking internet
3 35 site" to mean an internet site that is operated by a person
4 1 who derives membership fees, advertising, or other revenue
4 2 sources related to the operation of an internet site that
4 3 facilitates the social introduction between two or more
4 4 persons for the purpose of friendship, meeting other persons,
4 5 or information exchanges, and permits the creation of internet
4 6 pages or personal profiles that contain information such as
4 7 the name or nickname of the user, photographs, and other
4 8 personal information about the user, and links to other
4 9 personal internet pages on the commercial social networking
4 10 internet site of friends or associates of the user that may be
4 11 accessed by other users or visitors to the internet site, and
4 12 provides users or visitors mechanisms to communicate with each
4 13 other, such as a message board, chat room, electronic mail, or
4 14 instant messaging.
4 15 LSB 5076HH 82
4 16 jm/rj/5