H.F. 2133 Section 1. NEW SECTION . 659B.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Censor” means any action to edit, alter, block, ban, 4 delete, remove, deplatform, demonetize, de-boost, regulate, 5 restrict, inhibit the publication or reproduction of, deny 6 equal access or visibility to, suspend the right to post, 7 remove, or otherwise discriminate against expression. “Censor” 8 also includes actions that deplatform a person or that inhibit 9 or restrict an interactive computer service or social media 10 user’s ability to be viewed by or interact with another user of 11 the platform. 12 2. “Expression” means any word, music, sound, still or 13 moving image, number, or other perceivable communication. 14 3. “Interactive computer service” means an information 15 service, system, or access software provider that provides 16 or enables computer access by multiple users to a computer 17 server. “Interactive computer service” does not include a 18 person providing connectivity to the internet or another wide 19 area network. 20 4. “Receive” , with respect to an expression, means to read, 21 hear, look at, access, or gain access to the expression. 22 5. “Social media platform” means an internet search engine, 23 internet website, internet system, access software provider, 24 or application that is open to the public, allows a user 25 of the platform to create an account, and enables users to 26 communicate with one another for the primary purpose of posting 27 information, comments, messages, or images. “Social media 28 platform” does not include any of the following: 29 a. An internet service provider. 30 b. Electronic mail. 31 c. An online service, application, or website that consists 32 primarily of news, sports, entertainment, or other information 33 or content that is not user generated but is preselected by 34 the provider and for which any chat, comments, or interactive 35 -1- LSB 5299YH (4) 89 cm/jh 1/ 7

H.F. 2133 functionality is incidental to, directly related to, or 1 dependent on the content. 2 6. “Unlawful expression” means an expression that is 3 unlawful under the Constitution of the United States, federal 4 law, the Constitution of the State of Iowa, or the laws of this 5 state, including expression that constitutes a tort under the 6 laws of this state or the United States. 7 7. “User” means a person who posts, uploads, transmits, 8 shares, or otherwise publishes or receives expression, through 9 a social media platform. “User” includes a person who has a 10 social media platform account that the social media platform 11 has disabled or locked. 12 Sec. 2. NEW SECTION . 659B.2 Prohibited actions. 13 1. An interactive computer service or social media platform 14 shall not censor a user, a user’s expression, or a user’s 15 ability to receive the expression of another person based on 16 any of the following: 17 a. The viewpoint of the user or another person. 18 b. The viewpoint represented in the user’s expression or 19 another person’s expression. 20 c. The geographic location of a user in the state. 21 2. This section applies regardless of whether the viewpoint 22 is expressed on an interactive computer service, a social media 23 platform, or through any other medium. 24 Sec. 3. NEW SECTION . 659B.3 Waiver prohibited. 25 1. A waiver or purported waiver of the protections provided 26 by this chapter is void as unlawful and against public policy, 27 and a court or arbitrator shall not enforce or give effect 28 to the waiver, including in an action brought under section 29 659B.7, notwithstanding any contract or choice-of-law provision 30 in a contract. 31 2. The waiver prohibition shall not apply to contractual 32 waivers to the extent such application would impair the 33 obligation of contract in violation of the Constitution of the 34 State of Iowa. 35 -2- LSB 5299YH (4) 89 cm/jh 2/ 7

H.F. 2133 3. The waiver prohibition is a public policy limitation 1 on contractual and other waivers of the highest importance 2 and interest to the state, and the state is exercising and 3 enforcing this limitation to the full extent permitted by the 4 Constitution of the United States and the Constitution of the 5 State of Iowa. 6 Sec. 4. NEW SECTION . 659B.4 Applicability. 7 1. This chapter applies only to a user who does any of the 8 following: 9 a. Resides in this state. 10 b. Engages in business in this state. 11 c. Shares or receives expression in this state. 12 2. This chapter applies only to expression that is shared or 13 received in this state. 14 3. This chapter applies only to a social media platform that 15 functionally has more than fifty million active users in the 16 United States in a calendar month. 17 4. This chapter applies to the maximum extent permitted 18 by the Constitution of the United States and the laws of the 19 United States but no further than the maximum extent permitted 20 by the Constitution of the United States and the laws of the 21 United States. 22 Sec. 5. NEW SECTION . 659B.5 Limitations. 23 1. This chapter does not subject an interactive computer 24 service or a social media platform to any cause of action or 25 liability to the extent the interactive computer service or 26 social media platform is protected from causes of action or 27 liability by federal law. 28 2. This chapter does not prohibit an interactive computer 29 service or social media platform from any of the following: 30 a. Censoring expression that the interactive computer 31 service or social media platform is specifically authorized to 32 censor by federal law. 33 b. Censoring unlawful expression, including expression that 34 unlawfully harasses individuals or unlawfully incites violence. 35 -3- LSB 5299YH (4) 89 cm/jh 3/ 7

H.F. 2133 3. This chapter does not prohibit an interactive computer 1 service or a social media platform from authorizing or 2 facilitating a user’s ability to do any of the following: 3 a. Limit the user’s reception of obscene, lewd, lascivious, 4 filthy, excessively violent, harassing, or otherwise 5 objectionable expression at the specific active request of that 6 user. 7 b. Censor obscene, lewd, lascivious, filthy, excessively 8 violent, harassing, or otherwise objectionable expression on a 9 specific active request of the user. 10 Sec. 6. NEW SECTION . 659B.6 Construction of chapter. 11 1. This chapter shall not be construed to apply to an 12 interactive computer service or a social media platform 13 to the extent the interactive computer service or social 14 media platform is merely providing expression to a user in a 15 particular instance in response to that user’s express request 16 in that particular instance for expression limited on the basis 17 of viewpoint or geographic location. 18 2. This chapter shall not be construed to apply to 19 commentary by an interactive computer service or a social media 20 platform, except to the extent the commentary is presented in a 21 manner that delays or diminishes the visibility of expression, 22 delays or denies the equal access to the commentary, or 23 otherwise censors the commentary in violation of section 24 659B.2. 25 3. This chapter shall not be construed to limit or expand 26 intellectual property law. 27 4. This chapter shall not be construed to apply to actions 28 in which this chapter would violate the doctrine on the dormant 29 commerce clause enunciated by the supreme court of the United 30 States. 31 Sec. 7. NEW SECTION . 659B.7 User remedies. 32 1. A user may bring an action against an interactive 33 computer service or a social media platform that violates this 34 chapter with respect to the user. 35 -4- LSB 5299YH (4) 89 cm/jh 4/ 7

H.F. 2133 2. If the user proves that the interactive computer 1 service or a social media platform violated this chapter with 2 respect to the user, the user is entitled to recover all of the 3 following: 4 a. Declaratory relief, including costs and reasonable and 5 necessary attorney fees. 6 b. Injunctive relief. 7 c. Civil damages for each act of censorship of seventy-five 8 thousand dollars. 9 3. If an interactive computer service or a social media 10 platform fails to promptly comply with a court order in an 11 action brought under this section, the court shall hold the 12 interactive computer service or social media platform in 13 contempt and shall use all lawful measures to secure immediate 14 compliance with the order, including daily penalties sufficient 15 to secure immediate compliance. 16 4. A user may bring an action under this section regardless 17 of whether another court has declared any provision of this 18 chapter unconstitutional unless that court decision is binding 19 on the court in which the action is brought. 20 5. Nonmutual issue preclusion and nonmutual claim 21 preclusion are not defenses to an action brought under this 22 section. 23 Sec. 8. NEW SECTION . 659B.8 Limitations on public 24 enforcement. 25 Notwithstanding any other law, the requirements of this 26 chapter shall be enforced exclusively through the private 27 civil actions described in section 659B.7. Enforcement of 28 this chapter shall not be taken or threatened by the state, a 29 political subdivision, a county attorney, or any executive or 30 administrative officer or employee of the state or political 31 subdivision against any person, except as provided by section 32 659B.7. 33 Sec. 9. RETROACTIVE APPLICABILITY. This Act applies 34 retroactively to a user before the effective date of this Act 35 -5- LSB 5299YH (4) 89 cm/jh 5/ 7

H.F. 2133 to remedy censorship of the user’s ability to share or receive 1 expression that occurred before the effective date of this Act 2 if censorship continues after this Act takes effect. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to censorship of expression on interactive 7 computer services and social media platforms. The bill 8 defines “censor”, “expression”, “interactive computer service”, 9 “receive”, “social media platform”, “unlawful expression”, and 10 “user”. 11 The bill prohibits an interactive computer service or social 12 media platform from censoring a user’s expression based upon 13 the viewpoint of the user or another person, the viewpoint 14 represented, or the geographic location of a user in the state. 15 The bill does not allow an interactive computer service or 16 social media platform to create a waiver of the protection 17 provided within the bill. 18 The bill applies only to users who reside, do business 19 within, or share within the state and the expression is done on 20 a 50-million user interactive computer service or social media 21 platform within the state. 22 The bill does not subject an interactive computer service 23 or a social media platform to any cause of action or liability 24 that the interactive computer service or social media platform 25 is protected from by federal law. An interactive computer 26 service or social media platform may censor expression that 27 the interactive computer service or social media platform is 28 specifically authorized to censor by federal law and that 29 unlawfully harasses individuals or unlawfully incites violence. 30 An interactive computer service or a social media platform may 31 authorize a user’s ability to receive objectionable expression 32 at the specific active request of that user. 33 The bill does not apply to an interactive computer service or 34 a social media platform that is providing expression to a user 35 -6- LSB 5299YH (4) 89 cm/jh 6/ 7

H.F. 2133 in a particular instance in response to that user’s express 1 request or to commentary by an interactive computer service or 2 a social media platform. The bill does not change existing 3 intellectual property law or violate doctrine on the dormant 4 commerce clause. 5 The bill provides remedies for a user’s expression that 6 was unlawfully limited. The bill authorizes a user to bring 7 an action for a violation of the provisions of the bill and a 8 prevailing user is entitled to declaratory relief, including 9 costs and reasonable and necessary attorney fees, injunctive 10 relief, and civil damages for each act of censorship of 11 $75,000. A court must hold an interactive computer service or 12 a social media platform in contempt if it fails to promptly 13 comply with a court order. The bill may only be enforced 14 through private civil action and not by public officials or 15 entities. 16 The bill applies retroactively to a user before the 17 effective date of the bill to remedy censorship of the user’s 18 ability to share or receive expression that occurred before the 19 effective date if censorship continues after the bill takes 20 effect. 21 -7- LSB 5299YH (4) 89 cm/jh 7/ 7