HF 2114 (LSB 5441YH (3) 90)

HOUSE FILE 2114

BY  WILLS

A BILL FOR

An Act relating to minors using mobile devices, including protections for minors, civil liability, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  554H.1  Definitions.
   As used in this chapter, unless the context requires otherwise:
   1.  “Activate” means the process of powering on a device and associating the device with a new user account.
   2.  “Device” means a tablet or a smartphone manufactured on or after January 1, 2025.
   3.  “Filter” means software installed on a device that is capable of preventing the device from accessing or displaying obscene material as defined by state law through internet website or search engines through mobile data networks, wired internet networks, and wireless internet networks.
   4.  “Internet” means the global information system that is logically linked together by a globally unique address space based on the internet protocol, or its subsequent extensions, and that is able to support communications using the transmission control protocol or internet protocol suite, or its subsequent extensions, or other internet protocol compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high-level services layered on communications and related infrastructure.
   5.  “Manufacturer” means a person or company that meets all of the following:
   a.  Is engaged in the business of manufacturing a device.
   b.  Holds the patents for the device the person or company manufactures.
   c.  Has a commercial designated registered agent as required by Title XII.
   6.  “Minor” means an individual under the age of eighteen, who is not emancipated, married, or a member of the armed forces of the United States.
   7.  “Obscene” means the same as “obscene material” as defined in section 728.1.
   8.  “Password” means a string of characters or other secure method used to enable, deactivate, modify, or uninstall a filter on a device.
   9.  “Smartphone” means an electronic device that combines a cell phone with a hand-held computer, typically offering internet access through a browser or search engine, data storage, text, and electronic mail capabilities.
   10.  “Tablet” means an internet-ready device equipped with an operating system, touchscreen display, rechargeable battery, and the ability to support access to a cellular network.
    Sec. 2.  NEW SECTION.  554H.2  Filter required.
   All devices activated in the state must do all of the following:
   1.  Contain a filter.
   2.  Determine the age of the user during activation and account setup.
   3.  Automatically activate the age verification filter for minor users.
   4.  Allow a password to be established for the filter.
   5.  Notify the user of the device when the filter blocks the device from accessing a website.
   6.  Give the user with a password the opportunity to deactivate and reactivate the filter.
    Sec. 3.  NEW SECTION.  554H.3  Manufacturer liability.
   1.  A manufacturer of a device shall be subject to civil liability under this chapter if all of the following are true:
   a.  The device is activated in this state.
   b.  The device does not, upon activation, enable a filter that complies with the requirements described in section 554H.2.
   c.  A minor accesses material that is obscene on the device.
   2.  Notwithstanding subsection 1, a manufacturer that makes a good faith effort to provide a device that, upon activation of the device in this state, automatically enables a generally accepted and commercially reasonable filter that blocks obscene content on all internet browsers or search engines accessed on the device shall not be civilly liable under this chapter.
   3.  This chapter shall not be construed to create a cause of action against the retailer of a device.
    Sec. 4.  NEW SECTION.  554H.4  Individual liability.
   With the exception of the minor’s parent or legal guardian, any person may be liable in a civil action for enabling the password to remove the filter on a device in the possession of the minor if the minor accesses content that is obscene.
    Sec. 5.  NEW SECTION.  554H.5  Proceedings by the attorney general.
   1.  Whenever the attorney general has reason to believe that a person violated or is violating the provisions of this chapter, the attorney general, acting in the public interest, may bring an action in the name of the state against such person to do any of the following:
   a.  To enjoin any action that constitutes a violation of this chapter by the issuance of a temporary restraining order or preliminary or permanent injunction.
   b.  To recover from the alleged violator a civil penalty not to exceed five thousand dollars per violation, and not to exceed a total of fifty thousand dollars in aggregate, as determined by the court.
   c.  To recover from the alleged violator the attorney general’s reasonable expenses, investigative costs, and attorney fees.
   d.  To obtain other appropriate relief as provided for under this chapter.
   2.  The attorney general, in addition to other powers conferred by this chapter, may issue subpoenas to any person and conduct hearings in aid of any investigation or inquiry.
   3.  The attorney general may seek the revocation of any license or certificate authorizing a manufacturer to engage in business in this state.
   4.  For purposes of assessing a penalty under this section, a manufacturer is considered to have committed a separate violation for each device manufactured on or after January 1, 2025, that violates the provisions of section 554H.3.
    Sec. 6.  NEW SECTION.  554H.6  Civil action by parents or legal guardians.
   1.  Any parent or legal guardian of a minor that accesses obscene content in violation of section 554H.2 may bring a private cause of action in any court of competent jurisdiction against a manufacturer who failed to comply with section 554H.2. A prevailing plaintiff may recover any of the following:
   a.  Actual damages, or in the alternative, in the discretion of the court where actual damages are difficult to ascertain due to the nature of the injury, liquidated damages in the amount of fifty thousand dollars for each violation.
   b.  When a violation is found to be knowing and willful, punitive damages in an amount determined by the court.
   c.  Nominal damages.
   d.  Such other relief as the court deems appropriate, including court costs and expenses.
   e.  Attorney fees against a violating manufacturer.
   2.  This section shall not preclude the bringing of a class action lawsuit against a manufacturer where the manufacturer’s conduct in violation of section 554H.2 is knowing and willful.
   3.  A parent or legal guardian of a child may bring an action in a court of competent jurisdiction against any person who is not the parent or legal guardian of the child and who disables the filter from a device in the possession of the child which results in the child’s exposure to obscene content.
    Sec. 7.  NEW SECTION.  728.16  Telephone filter deactivation —— obscene material to minors.
   A person, except for a parent or legal guardian, that knowingly deactivated or disabled a filter in violation of chapter 554H shall be guilty of a serious misdemeanor and, notwithstanding section 903.1, the maximum fine shall be five thousand dollars. A subsequent violation of chapter 554H is an aggravated misdemeanor and, notwithstanding section 903.1, the maximum fine shall be fifty thousand dollars and at the discretion of the courts a period of imprisonment not to exceed one year.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to minors using mobile devices, including protections for minors and providing civil and criminal penalties.
   The bill establishes filter requirements for minors and enforcement mechanisms for smartphones, tablets, and other devices. The bill requires that based on the age established during device activation and account setup, automatically activate filters on devices for minors during activation. The bill allows the filter to be deactivated by use of a password. The bill provides that any adult who is not a parent or legal guardian shall not deactivate the filter for a minor. The bill applies only to devices manufactured on or after January 1, 2025.
   The bill allows the attorney general to bring civil action suits against manufactures of devices that do not comply with the bill. The bill also allows private civil actions by parents or guardians of a minor against manufacturers who fail to comply with the bill. The bill details the civil remedies available against a manufacturer that violates the provisions of the bill.
   The bill provides that a person, except for a parent or guardian, who knowingly deactivated or disabled a filter in violation of new Code chapter 554H is guilty of a serious misdemeanor with a maximum fine of $5,000. The bill provides that a subsequent violation of new Code chapter 554H is an aggravated misdemeanor punishable by confinement of no more than one year and a fine of no more than $50,000.