House File 313 - Introduced HOUSE FILE 313 BY SALMON A BILL FOR An Act relating to requirements for specific digital content 1 blocking capabilities on products manufactured, distributed, 2 or sold in the state that make the internet accessible, 3 and provides for the collection and remittance of fees, 4 and provides for criminal and civil liability for certain 5 violations of the Act. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1994YH (3) 88 ko/rh

H.F. 313 Section 1. NEW SECTION . 710B.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Consumer” means an individual who purchases a product 4 that makes the internet accessible from a person in this state 5 that manufactures, distributes, or sells such a product. 6 2. “Full or partial nudity” means the same as defined in 7 section 708.7. 8 3. “Human trafficking” means the same as defined in section 9 710A.1. 10 4. “Obscene material” means the same as defined in section 11 728.1. 12 5. “Photograph or film” means the same as defined in section 13 708.7. 14 6. “ Prohibited sexual act” means the same as defined in 15 section 728.1. 16 7. “Revenge pornography” means a photograph or film 17 showing another person in a state of full or partial nudity or 18 engaged in a sex act that has been disseminated, published, 19 distributed, or posted without the consent of the person in the 20 photograph or film. 21 8. “Sex act” means the same as defined in section 702.17. 22 Sec. 2. NEW SECTION . 710B.2 Digital content blocking 23 capability requirement. 24 A person in this state that manufactures, distributes, 25 or sells a product that makes the internet accessible to a 26 consumer shall not manufacture, sell, or distribute the product 27 without an active and operating digital content blocking 28 capability that blocks all internet sites that contain the 29 following: 30 1. Obscene material. 31 2. Revenge pornography. 32 3. Sexual exploitation of a minor as described in section 33 728.12. 34 4. Promotion or facilitation of prostitution as described 35 -1- LSB 1994YH (3) 88 ko/rh 1/ 9

H.F. 313 in section 725.1. 1 5. Promotion or facilitation of human trafficking. 2 Sec. 3. NEW SECTION . 710B.3 Duty to maintain appropriate 3 functioning of digital content blocking capabilities. 4 A person in this state that manufactures, distributes, or 5 sells a product that makes the internet accessible to a user of 6 the product shall do all of the following: 7 1. Make reasonable and ongoing efforts to ensure proper 8 functioning of the digital content blocking capability in all 9 products manufactured, sold, or distributed. 10 2. Provide routine digital content blocking updates to a 11 consumer who has purchased a product containing digital content 12 blocking to ensure the ongoing quality and performance of the 13 digital content blocking. 14 3. Establish a telephone call center or internet site for a 15 consumer to report a failure of the digital content blocking 16 requirements of this chapter or to report digital content 17 blocking of an internet site not subject to the requirements 18 of section 710B.2. 19 4. Investigate a consumer’s report of a violation of this 20 chapter and provide the consumer an appropriate digital content 21 blocking update within thirty days of the initial report if a 22 violation of section 710B.2 has occurred. 23 5. Investigate a consumer’s report of digital content 24 blocking of an internet site not subject to the requirements of 25 section 710B.2 and if appropriate enable the consumer’s access 26 to the internet site within thirty days of the initial report. 27 Sec. 4. NEW SECTION . 710B.4 Prohibition on digital content 28 blocking of certain internet sites. 29 A person in this state that manufactures, distributes, 30 or sells a product that makes the internet accessible to a 31 user of the product shall not use digital content blocking on 32 any such product to make any of the following internet sites 33 inaccessible: 34 1. A social media internet site that has an existing process 35 -2- LSB 1994YH (3) 88 ko/rh 2/ 9

H.F. 313 to manage consumer complaints. 1 2. An internet site not specified in section 710B.2. 2 3. An internet site that has the primary function of serving 3 as a search engine. 4 4. An internet site that makes movies available that are 5 rated restricted or below by the classification and ratings 6 administration of the motion picture association of America. 7 Sec. 5. NEW SECTION . 710B.5 Restrictions on deactivation of 8 digital content blocking capability. 9 1. A person in this state that manufactures, distributes, 10 or sells a product that makes the internet accessible shall 11 not share, sell, or distribute a method, source code, or any 12 other instruction to deactivate the digital content blocking 13 capability of the product unless all of the following apply: 14 a. A consumer who purchased the product submits a written 15 request for deactivation. 16 b. Proof that the consumer is age eighteen or older is 17 provided. 18 c. The manufacturer, distributor, or seller of the product 19 provides the consumer with a written warning that outlines the 20 dangers of deactivation. 21 d. The consumer signs an acknowledgment that a written 22 warning has been provided. 23 e. The consumer pays a one-time twenty-dollar deactivation 24 fee to be deposited into the human trafficking and child 25 exploitation prevention fund established pursuant to section 26 710B.6. 27 2. A person in this state that manufactures, distributes, 28 or sells a product that makes the internet accessible to a 29 consumer may charge the consumer an additional fee in order 30 for the manufacturer, distributor, or seller to deactivate the 31 digital content blocking capability of the product. The fee 32 must be reasonable and the manufacturer, distributor, or seller 33 may retain the fee. 34 Sec. 6. NEW SECTION . 710B.6 Human trafficking and child 35 -3- LSB 1994YH (3) 88 ko/rh 3/ 9

H.F. 313 exploitation prevention fund. 1 1. A manufacturer, distributor, or seller of a product 2 that makes the internet accessible shall annually remit all 3 deactivation fees collected under section 710B.5, subsection 4 1, paragraph “e” , to the treasurer of state in the manner 5 prescribed by the treasurer of state. 6 2. A human trafficking and child exploitation prevention 7 fund is created in the state treasury as a separate fund 8 under the control of the department of justice. All moneys 9 deposited or paid into the fund pursuant to subsection 1 are 10 appropriated and made available to the department to be used 11 to provide grants to governmental and nongovernmental entities 12 and individuals involved with upholding community standards of 13 decency, strengthening families, or developing, expanding, or 14 strengthening programs for child victims of human trafficking, 15 to be used for any of the following: 16 a. Rape kit testing. 17 b. Physical and mental health services. 18 c. Temporary and permanent housing or shelter. 19 d. Employment, education, and job training. 20 e. Training for first responders and educational campaigns 21 for the public to increase awareness to prevent, and to protect 22 victims of, human trafficking, domestic violence, prostitution, 23 child abuse, and rape. 24 f. For medical examination costs pursuant to section 915.41, 25 for the department of justice’s prosecutor-based victim service 26 coordination, including the duties defined in sections 910.3 27 and 910.6, for the awarding of funds to programs that provide 28 services and support to victims of domestic abuse pursuant to 29 chapter 236, for victims of sexual abuse as provided in chapter 30 236A, for reimbursement to the Iowa law enforcement academy for 31 domestic abuse and human trafficking training, for the support 32 of an automated victim notification system pursuant to section 33 915.10A, for training for victim service providers, for victim 34 service programming, to provide training concerning homicide, 35 -4- LSB 1994YH (3) 88 ko/rh 4/ 9

H.F. 313 domestic assault, sexual assault, stalking, harassment, and to 1 conduct outreach, awareness, and training on human trafficking 2 pursuant to section 710A.6. 3 g. Family counseling. 4 h. Creative arts that do not contain or promote obscene 5 material. 6 i. Border security. 7 j. State agency support programs assisting victims of human 8 trafficking. 9 k. To support the governor’s initiatives on human 10 trafficking, programs upholding community standards of decency, 11 and state security. 12 l. Human trafficking enforcement programs. 13 3. Notwithstanding section 8.33, any balance in the fund on 14 June 30 of any fiscal year shall not revert to the general fund 15 of the state. 16 Sec. 7. NEW SECTION . 710B.7 Criminal liability. 17 1. A person in this state that knowingly manufactures, 18 distributes, or sells a product that makes the internet 19 accessible to a consumer of the product is guilty of an 20 aggravated misdemeanor if any of the following apply: 21 a. The product does not comply with section 710B.2. 22 b. The person that manufactures, distributes, or sells 23 the product provides a method, source code, or any other 24 instruction to deactivate the digital content blocking 25 capability of the product other than pursuant to a written 26 request to deactivate the product. 27 c. The person that manufactures, distributes, or sells the 28 product deactivates the digital content blocking capability in 29 a manner that violates section 710B.5. 30 2. Section 728.10 affirmative defense applies to this 31 section. 32 Sec. 8. NEW SECTION . 710B.8 Civil cause of action and 33 injunctive relief. 34 1. A consumer that purchases a product from a person in this 35 -5- LSB 1994YH (3) 88 ko/rh 5/ 9

H.F. 313 state that manufactures, distributes, or sells a product that 1 makes the internet accessible may bring a civil action seeking 2 relief and recover up to five hundred dollars in damages per 3 reported failure plus reasonable attorney fees and court costs 4 if the person’s violation is substantiated pursuant to an 5 investigation conducted under section 710B.3, subsection 4. 6 2. The attorney general or county attorney may seek 7 injunctive relief if a person in this state that manufactures, 8 distributes, or sells a product that makes the internet 9 accessible to a consumer of the product violates section 710B.2 10 or 710B.3. 11 3. It shall be an affirmative defense in a civil action 12 pursuant to this section that a consumer purchased a product 13 that makes the internet accessible from a person in this state 14 that manufactures, distributes, or sells such a product, and 15 the product did not digitally block content pursuant to section 16 710B.2 because the internet site that is not blocked is the 17 registered domain of an institution or organization that has 18 a scientific, educational, artistic, literary, or similar 19 justification for making content pursuant to section 710B.2 20 accessible. 21 Sec. 9. NEW SECTION . 710B.9 Applicability. 22 1. This chapter applies to a person in this state that 23 manufactures, distributes, or sells a product on or after 24 January 1, 2020, that makes the internet accessible to a 25 consumer. 26 2. This chapter does not apply to a product that makes the 27 internet accessible to a consumer if the product was produced, 28 sold, or purchased prior to January 1, 2020. 29 3. This chapter does not apply to the sale of a product that 30 makes the internet accessible to a consumer by a person that is 31 not regularly engaged in the business of selling products that 32 make the internet accessible. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -6- LSB 1994YH (3) 88 ko/rh 6/ 9

H.F. 313 the explanation’s substance by the members of the general assembly. 1 This bill relates to requirements for specific digital 2 content blocking capabilities on products manufactured, 3 distributed, or sold in the state that make the internet 4 accessible. The bill prohibits a person that manufactures, 5 distributes, or sells such products from manufacturing, selling 6 or distributing a product without an active and operating 7 digital content blocking capability that blocks any internet 8 site that contains material that is obscene or that constitutes 9 sexual exploitation of a minor, promotion or facilitation of 10 prostitution, promotion or facilitation of human trafficking, 11 or revenge pornography as defined in the bill. 12 The bill requires such a person to make reasonable and 13 ongoing efforts to ensure proper functioning of the digital 14 content blocking capability, to provide routine updates for 15 the digital content blocking to a consumer who has purchased 16 a product containing digital content blocking, to establish a 17 call center or internet site that allows consumers to report 18 a failure of the digital blocking or to report blocking of an 19 internet site that is not required to be blocked. In addition, 20 such a person is required to investigate a consumer’s report 21 of a failure and provide an appropriate update to the digital 22 blocking capability within 30 days of the initial report, and 23 to investigate any consumer report of blocking of an internet 24 site that is not required to be blocked, and if appropriate, 25 enable consumer access to the incorrectly blocked site within 26 30 days of the initial report. 27 The bill prohibits blocking of social media internet sites 28 that have existing processes to manage consumer complaints or 29 blocking of any internet site that does not contain obscene 30 material, revenge pornography, sexual exploitation of a minor, 31 or promote or facilitate prostitution or human trafficking. 32 The bill also prohibits blocking an internet site that has the 33 primary function of serving as a search engine or an internet 34 site that makes movies available that are rated restricted or 35 -7- LSB 1994YH (3) 88 ko/rh 7/ 9

H.F. 313 below. 1 The bill prohibits a manufacturer, distributor, or seller 2 from sharing, selling, or distributing a method, source 3 code, or any other instruction to deactivate the digital 4 blocking capability unless a consumer who purchases a product 5 submits a written request for deactivation, provides proof 6 the consumer is age 18 or older, signs an acknowledgment that 7 a written warning outlining the dangers of deactivation has 8 been provided by the manufacturer, distributor, or seller, and 9 pays a one-time $20 deactivation fee. The bill also allows a 10 manufacturer, distributor, or a seller to charge a consumer an 11 additional fee in order for the manufacturer, distributor, or 12 seller to deactivate the digital content blocking capability of 13 the product. The fee must be reasonable and the manufacturer, 14 distributor, or seller may retain the fee. 15 The manufacturer, distributor, or seller must annually 16 remit all deactivation fees that are collected to the 17 treasurer of state. The treasurer of state shall deposit 18 all fees received into the human trafficking and child 19 exploitation prevention fund established by the bill. All 20 moneys deposited or paid into the fund are appropriated and 21 made available to the department of justice to be used to 22 provide grants to governmental and nongovernmental entities 23 and individuals involved with upholding community standards of 24 decency, strengthening families, or developing, expanding, or 25 strengthening programs for child victims of human trafficking 26 to be used for any of the activities as detailed in the bill. 27 A person in this state that knowingly manufactures, 28 distributes, or sells a product that makes the internet 29 accessible is guilty of an aggravated misdemeanor if the 30 product does not contain the required digital content blocking 31 capabilities, or the person deactivates the digital content 32 blocking capability in a manner other than that authorized by 33 the bill, or the person provides a consumer who purchased a 34 product with a method, source code, or any other instruction 35 -8- LSB 1994YH (3) 88 ko/rh 8/ 9

H.F. 313 to deactivate the digital blocking capability. An aggravated 1 misdemeanor is punishable by confinement for no more than two 2 years and a fine of at least $625 but not more than $6,250. 3 The bill provides for a civil cause of action if a person 4 that manufactures, distributes, or sells a product that makes 5 the internet accessible does not respond appropriately to a 6 consumer’s report of a failure of the digital content blocking 7 capability requirement. A consumer that purchased the product 8 may bring a civil action seeking relief and recover up to $500 9 in damages per reported failure, plus reasonable attorney fees 10 and court costs. The attorney general or county attorney 11 may seek injunctive relief if products are sold without 12 the required digital content blocking or the manufacturer, 13 distributor, or seller fails to maintain the digital content 14 blocking capabilities, or fails to respond as required to a 15 consumer complaint. 16 The bill makes it an affirmative defense in a civil action 17 asserting that a consumer purchased a product that makes 18 the internet accessible from a person in this state that 19 manufactures, distributes, or sells such a product and the 20 product did not digitally block content as required by the 21 bill, because the internet site that is not blocked is the 22 registered domain of an institution or organization that has 23 a scientific, educational, artistic, literary, or similar 24 justification for making the content accessible. 25 The bill applies to a person in this state that manufactures, 26 distributes, or sells a product on or after January 1, 2020, 27 that makes the internet accessible to a consumer. The bill 28 does not apply to a product that makes the internet accessible 29 to a consumer if the product was produced, sold, or purchased 30 prior to January 1, 2020. The bill also does not apply to 31 the sale of a product that makes the internet accessible to 32 a consumer by a person that is not regularly engaged in the 33 business of selling products that make the internet accessible. 34 -9- LSB 1994YH (3) 88 ko/rh 9/ 9