House File 2255 - Introduced HOUSE FILE 2255 BY GRASSLEY , STONE , HOLT , GERHOLD , DUNWELL , COLLINS , HORA , GEHLBACH , SHERMAN , FRY , M. THOMPSON , STOLTENBERG , HENDERSON , JENEARY , THOMSON , WILLS , MOHR , and YOUNG A BILL FOR An Act relating to parental authorization for minors to 1 create accounts on social media platforms, providing civil 2 penalties, and including applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5068YH (12) 90 nls/ko

H.F. 2255 Section 1. NEW SECTION . 554H.1 Short title. 1 This chapter shall be known and may be cited as the “Social 2 Media Parental Authorization Act” . 3 Sec. 2. NEW SECTION . 554H.2 Definitions. 4 As used in this chapter, unless the context otherwise 5 requires: 6 1. “Minor” means an individual under the age of eighteen who 7 currently resides in Iowa. 8 2. “Parental authorization” means all of the following: 9 a. A written statement signed by both a minor and the 10 minor’s parent or legal guardian that authorizes the minor to 11 create an account on a social media platform. 12 b. A digital authorization by a parent or a legal guardian 13 of a minor that authorizes the minor to create an account 14 on a social media platform if the social media platform 15 has previously verified that the account granting parental 16 authorization belongs to the parent or legal guardian of the 17 minor seeking parental authorization. 18 3. “Social media company” means a company that operates a 19 social media platform. 20 4. “Social media platform” means an internet site or 21 application that is open to the public and that allows a user 22 to create an account and do all of the following: 23 a. Create personal profiles or accounts that include the 24 person’s name, age, location, and other personal information. 25 b. Connect with other social media platform users as 26 friends, followers, or any other means of connecting that 27 allows other users to access shared content. 28 c. Facilitate public access to content, including text, 29 images, videos, internet site links, or any other information. 30 d. Send private messages to other social media platform 31 users. 32 e. Create groups for the purpose of communicating about 33 shared interests. 34 5. “User” means an individual who uses a social media 35 -1- LSB 5068YH (12) 90 nls/ko 1/ 5

H.F. 2255 platform. 1 Sec. 3. NEW SECTION . 554H.3 Parental authorization 2 requirements. 3 1. A social media company shall not permit a minor to be 4 an account holder on the social media company’s social media 5 platform unless the social media company has received prior 6 express parental authorization. 7 2. A social media company shall allow a parent or guardian 8 who has provided parental authorization to revoke or rescind 9 the grant of parental authorization upon request at any time. 10 3. A social media company shall not collect, transfer, 11 transmit, image, or retain any data from or regarding a minor 12 if the minor has not received parental authorization for the 13 minor to be an account holder on the social media company’s 14 social media platform in accordance with subsection 1. 15 4. Notwithstanding any other provision of this chapter, a 16 social media company shall not permit a minor to create, use, 17 or hold an account on the social media company’s social media 18 platform if the minor is prohibited from creating, using, or 19 holding an account on a social media platform under any other 20 provision of state or federal law. 21 5. A social media company shall provide a parent or guardian 22 who has granted parental authorization under subsection 1 with 23 a password or other means to access the account of the minor, 24 which shall allow the parent or guardian to do all of the 25 following: 26 a. View all posts created by the minor on the social media 27 platform. 28 b. View all messages sent by, and responses received by, the 29 minor on the social media platform. 30 c. Control the privacy and account settings of the minor’s 31 account on the social media platform. 32 d. Monitor and limit the amount of time the minor may spend 33 using the social media platform. 34 Sec. 4. NEW SECTION . 554H.4 Enforcement —— penalties. 35 -2- LSB 5068YH (12) 90 nls/ko 2/ 5

H.F. 2255 If the attorney general has reasonable belief that a social 1 media company is in violation of this chapter, the attorney 2 general may bring a civil action to provide for civil penalties 3 in an amount not more than one thousand dollars for each 4 violation of this chapter. 5 Sec. 5. NEW SECTION . 554H.5 Private right of action. 6 A person harmed by a violation of this chapter by a social 7 media company may bring a civil action in the district court 8 in which the person resides and, upon a finding that a social 9 media company violated this chapter, a district court may order 10 any of the following: 11 1. Damages in an amount equal to the greater of either ten 12 thousand dollars for each violation or, if the court determines 13 that the social media company’s violation was the direct cause 14 of the harm, the amount of actual damages for any financial, 15 physical, and emotional harm to the person bringing the action. 16 2. Punitive damages. 17 3. Reasonable attorney fees and court costs. 18 Sec. 6. NEW SECTION . 554H.6 Rules. 19 The attorney general shall adopt rules pursuant to chapter 20 17A to administer this chapter, including but not limited to 21 rules to establish all of the following: 22 1. Processes or means by which a social media company can 23 comply with the parental authorization requirements under 24 section 554H.3. 25 2. Acceptable forms or methods of parental authorization. 26 3. Processes to confirm that a social media company has 27 received parental authorization under section 554H.3 for each 28 minor that has created an account on the social media company’s 29 social media platform. 30 Sec. 7. APPLICABILITY. This Act applies to a social media 31 company operating on or after the effective date of this Act. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -3- LSB 5068YH (12) 90 nls/ko 3/ 5

H.F. 2255 This bill relates to parental authorization for minors to 1 create accounts on social media platforms. 2 The bill requires a social media company (company) to 3 obtain parental authorization before permitting a minor 4 to create an account on the company’s platform, and, upon 5 request, to allow a parent or guardian to revoke or rescind the 6 grant of parental authorization at any time. “Social media 7 company”, “parental authorization”, “minor”, and “social media 8 platform” are defined in the bill. The bill prohibits the 9 collection, transfer, transmission, imaging, or retention of 10 data related to a minor by a company if the company has not 11 received parental authorization, and prohibits a company from 12 allowing a minor to create or use an account on the social 13 media platform if the minor is prohibited from doing so by any 14 other provision of state or federal law. The bill requires 15 a company to provide a parent or guardian who has granted 16 parental authorization with a password or other means to access 17 the account of the minor to allow the parent or guardian to 18 view all posts created by the minor, view all messages and 19 responses sent or received by the minor, control the privacy 20 and account settings of the minor’s account, and monitor and 21 limit the amount of time the minor may spend using the social 22 media platform. 23 The bill permits the attorney general to bring a civil 24 action for a violation of the bill and the court to assess a 25 civil penalty against a company of up to $1,000 per violation. 26 A person harmed by a company’s violation of the bill may 27 bring a civil action in district court and, upon a finding 28 that a company violated the bill, a district court may order 29 damages in an amount equal to the greater of either $10,000 30 for each violation, or the amount of actual damages for any 31 financial, physical, and emotional harm to the person if the 32 court determines that the company’s violation was the direct 33 cause of the harm. The court may also order punitive damages, 34 reasonable attorney fees, and court costs. 35 -4- LSB 5068YH (12) 90 nls/ko 4/ 5

H.F. 2255 The attorney general shall adopt rules to administer the 1 bill, including but not limited to rules to establish the 2 processes or means by which a company can comply with the 3 parental authorization requirements, acceptable forms or 4 methods of parental authorization, and the processes to confirm 5 that a company has received parental authorization for each 6 minor that has created an account on the platform. 7 The bill applies to a company operating in the state on or 8 after the effective date of the bill. 9 -5- LSB 5068YH (12) 90 nls/ko 5/ 5