Senate File 2286 - Introduced SENATE FILE 2286 BY BOWMAN 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 TLSB 5756XS (3) 87 gh/rn
S.F. 2286 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 35 -1- LSB 5756XS (3) 87 gh/rn 1/ 4
S.F. 2286 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 35 -2- LSB 5756XS (3) 87 gh/rn 2/ 4
S.F. 2286 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. 35 -3- LSB 5756XS (3) 87 gh/rn 3/ 4
S.F. 2286 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 -4- LSB 5756XS (3) 87 gh/rn 4/ 4