House
File
2287
-
Introduced
HOUSE
FILE
2287
BY
BENNETT
A
BILL
FOR
An
Act
providing
for
internet
neutrality,
and
making
penalties
1
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
554E.1
Short
title.
1
This
chapter
shall
be
known
and
may
be
cited
as
the
“
Iowa
2
Internet
Neutrality
Act”
.
3
Sec.
2.
NEW
SECTION
.
554E.2
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Broadband”
means
the
same
as
defined
in
section
8B.1.
7
2.
“Communications
service
provider”
means
the
same
as
8
defined
in
section
8B.1.
9
3.
“Content,
applications,
or
services”
means
any
internet
10
traffic
transmitted
to
or
from
an
end
user.
11
4.
“Edge
provider”
means
a
person
or
entity
that
provides
12
any
content,
application,
or
service
over
the
internet,
or
a
13
person
or
entity
that
provides
a
device
used
for
accessing
any
14
content,
application,
or
service
over
the
internet.
15
5.
“End
user”
means
a
person
who
uses
broadband
service.
16
6.
“Internet
traffic”
means
the
flow
of
data
across
the
17
internet.
18
7.
“Paid
prioritization”
means
a
business
practice
that
19
directly
or
indirectly
favors
certain
internet
traffic
20
over
other
internet
traffic,
including
through
the
use
of
21
techniques
such
as
internet
traffic
shaping,
prioritization,
22
resource
reservation,
or
other
forms
of
preferential
internet
23
traffic
management,
either
in
exchange
for
monetary
or
other
24
consideration
from
a
third
party
or
to
benefit
an
affiliated
25
entity.
26
8.
“Person”
means
the
same
as
defined
in
section
554D.103.
27
9.
“Reasonable
network
management
practice”
means
a
practice
28
that
is
primarily
used
for
and
tailored
to
achieving
a
29
legitimate
technical
network
management
purpose,
taking
into
30
account
the
particular
network
architecture
and
technology
of
31
the
broadband
service,
but
does
not
include
other
business
32
practices.
33
Sec.
3.
NEW
SECTION
.
554E.3
Public
disclosure.
34
A
communications
service
provider
shall
make
available
to
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the
public
informational
materials
which
accurately
explain
the
1
communications
service
provider’s
reasonable
network
management
2
practices,
performance,
and
commercial
terms
of
its
broadband
3
service,
including
information
about
and
descriptions
of
the
4
processes
involved
relating
to
such
services.
5
Sec.
4.
NEW
SECTION
.
554E.4
Prohibitions.
6
A
communications
service
provider
shall
not
do
any
of
the
7
following:
8
1.
Block
lawful
content,
applications,
services,
or
9
nonharmful
devices,
unless
pursuant
to
a
reasonable
network
10
management
practice.
11
2.
Impair
or
degrade
lawful
internet
traffic
on
the
basis
12
of
content,
applications,
services,
or
the
use
of
nonharmful
13
devices,
unless
pursuant
to
a
reasonable
network
management
14
practice.
15
3.
Engage
in
paid
prioritization.
16
4.
Interfere
with
or
disadvantage
the
ability
of
an
end
user
17
to
select,
access,
or
use
broadband
service,
unless
pursuant
to
18
a
reasonable
network
management
practice.
19
5.
Interfere
with
or
disadvantage
the
ability
of
an
edge
20
provider
to
make
lawful
content,
applications,
services,
or
21
nonharmful
devices
available
to
an
end
user,
unless
pursuant
to
22
a
reasonable
network
management
practice.
23
Sec.
5.
NEW
SECTION
.
554E.5
Scope.
24
This
chapter
shall
not
apply
to
any
of
the
following:
25
1.
Conduct
authorized
by
a
law
enforcement
agency
of
the
26
United
States,
a
state,
or
a
political
subdivision
of
a
state.
27
2.
Reasonable
efforts
by
a
communications
service
provider
28
to
address
copyright
infringement
or
any
other
unlawful
29
activity.
30
Sec.
6.
NEW
SECTION
.
554E.6
Penalty.
31
A
violation
of
this
chapter
is
an
unlawful
practice
pursuant
32
to
section
714.16.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
creates
new
Code
chapter
554E,
relating
to
2
internet
neutrality.
3
The
bill
requires
a
communications
service
provider
to
make
4
available
to
the
public
informational
materials
accurately
5
explaining
the
provider’s
reasonable
network
management
6
practices,
performance,
and
commercial
terms
of
its
broadband
7
service,
including
information
relating
to
the
processes
8
involved
for
such
services.
The
bill
defines
“communications
9
service
provider”
to
mean
the
same
as
defined
in
section
8B.1.
10
“Broadband”
also
means
the
same
as
defined
in
Code
section
11
8B.1.
“End
user”
means
a
person
who
uses
broadband
service.
12
The
bill
prohibits
communications
service
providers
from
13
blocking
lawful
content,
applications,
services,
or
nonharmful
14
devices,
unless
pursuant
to
a
reasonable
network
management
15
practice.
The
bill
defines
“reasonable
network
management
16
practice”
to
mean
a
practice
that
is
primarily
used
for
and
17
tailored
to
achieving
a
legitimate
technical
network
management
18
purpose.
19
The
bill
prohibits
communications
service
providers
from
20
impairing
or
degrading
lawful
internet
traffic
on
the
basis
21
of
content,
applications,
services,
or
the
use
of
nonharmful
22
devices,
unless
pursuant
to
a
reasonable
network
management
23
practice.
The
bill
also
prohibits
communications
service
24
providers
from
engaging
in
paid
prioritization,
as
defined
25
in
the
bill.
The
bill
further
prohibits
communications
26
service
providers
from
interfering
with
or
disadvantaging
the
27
ability
of
an
end
user
to
select,
access,
or
use
broadband
28
service,
unless
pursuant
to
a
reasonable
network
management
29
practice.
The
bill
additionally
prohibits
communications
30
service
providers
from
interfering
with
or
disadvantaging
the
31
ability
of
edge
providers,
as
defined
in
the
bill,
from
making
32
lawful
content,
applications,
services,
or
nonharmful
devices
33
available
to
an
end
user,
unless
pursuant
to
a
reasonable
34
network
management
practice.
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The
bill
does
not
apply
to
conduct
authorized
by
any
state
1
or
federal
law
enforcement
agency
or
reasonable
efforts
2
by
a
communications
service
provider
to
address
copyright
3
infringement
or
any
other
unlawful
activity.
4
A
violation
of
the
bill
constitutes
an
unlawful
practice
5
under
Code
section
714.16,
which
relates
to
consumer
frauds.
6
Pursuant
to
Code
section
714.16,
the
attorney
general
may
7
investigate,
issue
subpoenas,
and
commence
civil
proceedings
8
seeking
restraining
orders
or
injunctions
prohibiting
persons
9
from
engaging
in
unlawful
practices
or
seeking
termination
10
of
the
business
affairs
of
a
person
engaging
in
unlawful
11
practices.
In
addition,
a
civil
penalty
of
up
to
$40,000
per
12
violation
may
be
imposed
by
a
court
against
a
person
found
to
13
have
committed
an
unlawful
practice.
14
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