S.F. 2213 Section 1. NEW SECTION . 554H.1 Definitions. 1 As used in this chapter, unless the context requires 2 otherwise: 3 1. “Activate” means the process of powering on a device and 4 associating the device with a new user account. 5 2. “Device” means a tablet or a smartphone manufactured on 6 or after January 1, 2025. 7 3. “Filter” means software installed on a device that is 8 capable of preventing the device from accessing or displaying 9 obscene material as defined by state law through internet 10 website or search engines through mobile data networks, wired 11 internet networks, and wireless internet networks. 12 4. “Internet” means the global information system that 13 is logically linked together by a globally unique address 14 space based on the internet protocol, or its subsequent 15 extensions, and that is able to support communications using 16 the transmission control protocol or internet protocol suite, 17 or its subsequent extensions, or other internet protocol 18 compatible protocols, and that provides, uses, or makes 19 accessible, either publicly or privately, high-level services 20 layered on communications and related infrastructure. 21 5. “Manufacturer” means a person or company that meets all 22 of the following: 23 a. Is engaged in the business of manufacturing a device. 24 b. Holds the patents for the device the person or company 25 manufactures. 26 c. Has a commercial designated registered agent as required 27 by Title XII. 28 6. “Minor” means the same as defined in section 728.1. 29 7. “Obscene” means the same as “obscene material” as defined 30 in section 728.1. 31 8. “Password” means a string of characters or other secure 32 method used to enable, deactivate, modify, or uninstall a 33 filter on a device. 34 9. “Reasonable age verification measures” means any of the 35 -1- LSB 5972XS (2) 90 cm/jh 1/ 5

S.F. 2213 following: 1 a. State-issued driver’s license. 2 b. State-issued identification. 3 c. Government identification card. 4 d. Military identification card. 5 e. Credit cards, not including cards that do not require the 6 individual in ownership of the account to be eighteen years of 7 age or older. 8 f. Debit cards, not including cards that do not require the 9 individual in ownership of the account to be eighteen years of 10 age or older. 11 g. Bank account information. 12 h. Any other means or method that reliably and accurately 13 can determine a user of a covered platform is a minor and 14 prevent access by minors to the content on a covered platform. 15 10. “Smartphone” means an electronic device that combines 16 a cell phone with a hand-held computer, typically offering 17 internet access through a browser or search engine, data 18 storage, text, and electronic mail capabilities. 19 11. “Tablet” means an internet-ready device equipped with an 20 operating system, touchscreen display, rechargeable battery, 21 and the ability to support access to a cellular network. 22 Sec. 2. NEW SECTION . 554H.2 Filter required. 23 All devices activated in the state must do all of the 24 following: 25 1. Contain a filter. 26 2. Determine the age of the user during activation and 27 account setup. 28 3. Automatically activate the age verification filter for 29 minor users. 30 4. Allow a password to be established for the filter. 31 5. Notify the user of the device when the filter blocks the 32 device from accessing a website. 33 6. Give the user with a password the opportunity to 34 deactivate and reactivate the filter. 35 -2- LSB 5972XS (2) 90 cm/jh 2/ 5

S.F. 2213 Sec. 3. NEW SECTION . 554H.3 Manufacturer liability. 1 1. A manufacturer of a device shall be subject to civil 2 liability under this chapter if all of the following are true: 3 a. The device is activated in this state. 4 b. The device does not, upon activation, enable a filter 5 that complies with the requirements described in section 6 554H.2. 7 c. A minor accesses material that is obscene on the device. 8 2. Notwithstanding subsection 1, a manufacturer that makes 9 a good faith effort to provide a device that, upon activation 10 of the device in this state, automatically enables a generally 11 accepted and commercially reasonable filter that blocks obscene 12 content on all internet browsers or search engines accessed on 13 the device shall not be civilly liable under this chapter. 14 3. This chapter shall not be construed to create a cause of 15 action against the retailer of a device. 16 Sec. 4. NEW SECTION . 554H.4 Individual liability. 17 With the exception of the minor’s parent or legal guardian, 18 any person may be liable in a civil action for enabling the 19 password to remove the filter on a device in the possession of 20 the minor if the minor accesses obscene material on the device. 21 Sec. 5. NEW SECTION . 554H.5 Proceedings by the attorney 22 general. 23 1. Whenever the attorney general has reason to believe 24 that a person violated or is violating the provisions of this 25 chapter, the attorney general, acting in the public interest, 26 may bring an action in the name of the state against such 27 person to do any of the following: 28 a. To enjoin any action that constitutes a violation of this 29 chapter by the issuance of a temporary restraining order or 30 preliminary or permanent injunction. 31 b. To recover from the alleged violator a civil penalty 32 not to exceed five thousand dollars per violation, and not 33 to exceed a total of fifty thousand dollars in aggregate, as 34 determined by the court. 35 -3- LSB 5972XS (2) 90 cm/jh 3/ 5

S.F. 2213 c. To recover from the alleged violator the attorney 1 general’s reasonable expenses, investigative costs, and 2 attorney fees. 3 d. To obtain other appropriate relief as provided for under 4 this chapter. 5 2. The attorney general, in addition to other powers 6 conferred by this chapter, may issue subpoenas to any person 7 and conduct hearings in aid of any investigation or inquiry. 8 3. The attorney general may seek the revocation of any 9 license or certificate authorizing a manufacturer to engage in 10 business in this state. 11 4. For purposes of assessing a penalty under this section, 12 a manufacturer is considered to have committed a separate 13 violation for each device manufactured on or after January 1, 14 2025, that violates the provisions of section 554H.3. 15 Sec. 6. NEW SECTION . 554H.6 Civil action by parents or 16 legal guardians. 17 1. Any parent or legal guardian of a minor that accesses 18 obscene content in violation of section 554H.2 may bring a 19 private cause of action in any court of competent jurisdiction 20 against a manufacturer who failed to comply with section 21 554H.2. A prevailing plaintiff may recover any of the 22 following: 23 a. Actual damages, or in the alternative, in the discretion 24 of the court where actual damages are difficult to ascertain 25 due to the nature of the injury, liquidated damages in the 26 amount of fifty thousand dollars for each violation. 27 b. When a violation is found to have been done knowingly 28 and willfully, punitive damages in an amount determined by the 29 court. 30 c. Nominal damages. 31 d. Such other relief as the court deems appropriate, 32 including court costs and expenses. 33 e. Reasonable attorney fees against a violating 34 manufacturer. 35 -4- LSB 5972XS (2) 90 cm/jh 4/ 5

S.F. 2213 2. This section shall not preclude the bringing of a class 1 action lawsuit against a manufacturer where the manufacturer’s 2 conduct in violation of section 554H.2 is done knowingly and 3 willfully. 4 3. A parent or legal guardian of a child may bring an action 5 in a court of competent jurisdiction against any person who is 6 not the parent or legal guardian of the child and who disables 7 the filter from a device in the possession of the child which 8 results in the child’s exposure to obscene content. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to minors using mobile devices, including 13 protections for minors and providing civil and criminal 14 penalties. 15 The bill establishes filter requirements for minors and 16 enforcement mechanisms for smartphones, tablets, and other 17 devices. The bill requires that based on the age established 18 during device activation and account setup, automatically 19 activate filters on devices for minors during activation. The 20 bill allows the filter to be deactivated by use of a password. 21 The bill provides that any adult who is not a parent or legal 22 guardian shall not deactivate the filter for a minor. The bill 23 applies only to devices manufactured on or after January 1, 24 2025. 25 The bill allows the attorney general to bring civil action 26 suits against manufactures of devices that do not comply with 27 the bill. The bill also allows private civil actions by 28 parents or guardians of a minor against manufacturers who fail 29 to comply with the bill. The bill details the civil remedies 30 available against a manufacturer that violates the provisions 31 of the bill. 32 -5- LSB 5972XS (2) 90 cm/jh 5/ 5