House Study Bill 223 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to parental consent regarding internet 1 sites for users under the age of sixteen, providing civil 2 penalties, and including applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2502YC (3) 90 es/rn

H.F. _____ Section 1. NEW SECTION . 554G.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Child” means an individual younger than sixteen years 4 of age. 5 2. “Gaming site” means an internet site offering video game 6 play to individuals. 7 3. “Internet site” means the same as defined in section 8 4.1. “Internet site” does not include an online retailer or 9 marketplace. 10 4. “Social media account” means an individualized account 11 that a user uses to access a social media company’s social 12 media internet site. 13 5. “Social media company” means a company responsible for 14 operating and maintaining a social media internet site that 15 meets all of the following criteria: 16 a. Allows users, through the creation of pages within 17 the internet site or profiles or by other means, to provide 18 information about themselves that is available to the public 19 or to other users. 20 b. Allows users a mechanism for communication with other 21 users. 22 6. “Splash page” means an introductory page that precedes 23 the main pages on an internet site. 24 Sec. 2. NEW SECTION . 554G.2 Social media accounts —— 25 parental notification. 26 1. A social media company or gaming site shall not allow a 27 child in the state to maintain a social media account on the 28 social media company’s internet site or access to a gaming 29 site, unless a parent or legal guardian grants permission for 30 the child to access the site. 31 2. A social media company or gaming site shall verify a 32 child has consent from a parent or legal guardian prior to 33 allowing a child to access a social media account or gaming 34 site. 35 -1- LSB 2502YC (3) 90 es/rn 1/ 3

H.F. _____ 3. When an individual on a social media company or gaming 1 site’s splash page indicates that they are a child, a parent or 2 legal guardian may indicate consent to the child’s use of the 3 internet site by utilizing any of the following: 4 a. Signing a digital form consenting to the terms of 5 service. 6 b. Using a credit card, debit card, or other online payment 7 system. 8 c. Calling a toll-free telephone number provided by the 9 social media company or gaming site. 10 d. Connecting to trained social media company or gaming site 11 personnel via video conference. 12 e. Submitting a form of government-issued identification. 13 4. A social media company or gaming site shall send a copy 14 of the written confirmation of a parent or legal guardian’s 15 consent to the child’s use of the internet site to the parent 16 or legal guardian. 17 Sec. 3. NEW SECTION . 554G.3 Failure to consent. 18 If a parent or legal guardian fails or refuses to consent 19 to the terms of service on behalf of their child, the social 20 media company or gaming site shall deny a child access to the 21 internet site. 22 Sec. 4. NEW SECTION . 554G.4 Penalties. 23 A social media company or gaming site in violation of this 24 chapter shall be assessed a civil penalty in the amount of one 25 thousand dollars per violation. 26 Sec. 5. APPLICABILITY. This Act applies to a social media 27 company or gaming site operating in the state ninety days 28 following enactment. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to parental consent regarding internet 33 sites for users under the age of 16. 34 The bill defines “internet site”, “child”, “gaming site”, 35 -2- LSB 2502YC (3) 90 es/rn 2/ 3

H.F. _____ “social media account”, “social media company”, and “splash 1 page”. For purposes of the bill, a “child” is an individual 2 under 16 years of age. The bill defines a “gaming site” 3 to mean an internet site that offers video game play to 4 individuals. The bill defines “social media account” to mean 5 an individualized account that a user uses to access a social 6 media company’s social media internet site. The bill defines 7 a “social media company” to mean a company responsible for 8 operating and maintaining a social media internet site that 9 meets all of the specified criteria. 10 The bill requires a social media company (company) or 11 a gaming site to ensure that a child in the state is not 12 utilizing the company’s internet site or gaming site without a 13 parent’s or legal guardian’s consent. A company or gaming site 14 shall verify that a child has consent from a parent or guardian 15 before the child is allowed to access the internet site. 16 The bill provides that a company or gaming site shall send 17 a copy of a parent’s or guardian’s consent to the parent or 18 guardian. A company or gaming site shall use a specified 19 method to verify parental or guardian consent, including a 20 digital consent form, an online payment system, a toll-free 21 telephone number, a video conference with trained personnel, or 22 by accepting a form of government-issued identification. 23 The bill provides that if a parent or guardian fails or 24 refuses to consent to their child accessing a social media 25 account or gaming site, the company or gaming site shall deny 26 the child access to the internet site. 27 The bill provides for civil penalties. A social media 28 company or gaming site in violation of the bill shall be 29 assessed a civil penalty in the amount of $1,000 per violation. 30 The bill is applicable to a social media company or gaming 31 site operating in the state 90 days after enactment. 32 -3- LSB 2502YC (3) 90 es/rn 3/ 3