Senate File 2219 - Introduced SENATE FILE 2219 BY PETERSEN A BILL FOR An Act relating to the regulation of access to obscene material 1 by minors on social media platforms, and including effective 2 date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5153XS (6) 90 cm/jh
S.F. 2219 Section 1. NEW SECTION . 659B.1 Definitions. 1 As used in this chapter, unless context otherwise requires: 2 1. “Child pornography” means the same as defined in 18 3 U.S.C. §2256. 4 2. “Child sexual abuse material” means any of the following: 5 a. Child pornography. 6 b. Obscene material that depicts a minor personally engaging 7 in, or personally simulating, sexual conduct. 8 3. “Identifiable minor” means the same as defined in 18 9 U.S.C. §2256. 10 4. “Minor” means the same as defined in 18 U.S.C. §2256. 11 5. “Obscene material” means the same as defined in section 12 728.1. 13 6. “Reporting user” means a natural person who reports 14 material to a social media platform using the means provided 15 by the social media platform. 16 7. “Social media company” means a person or entity that 17 owns or operates one or more social media platforms. “Social 18 media company” does not include a nonprofit organization exempt 19 from federal income tax pursuant to section 501(c)(3) of the 20 Internal Revenue Code. 21 8. a. “Social media platform” means a public or semipublic 22 internet-based service or application that has users in this 23 state and that meets all of the following criteria: 24 (1) (a) A substantial function of the service or 25 application is to connect users in order to allow users 26 to interact socially with each other within the service or 27 application. 28 (b) A service or application that provides electronic mail 29 or direct messaging services shall not be considered to meet 30 this criterion on the basis of that function alone. 31 (2) The service or application allows users to do all of the 32 following: 33 (a) Construct a public or semipublic profile for purposes of 34 signing into and using the service or application. 35 -1- LSB 5153XS (6) 90 cm/jh 1/ 11
S.F. 2219 (b) Populate a list of other users with whom an individual 1 shares a social connection within the system. 2 (c) Create or post content viewable by other users, 3 including on message boards, in chat rooms, or through a 4 landing page or main feed that presents the user with content 5 generated by other users. 6 b. “Social media platform” does not include any of the 7 following: 8 (1) A stand-alone direct messaging service that provides 9 end-to-end encrypted communication or the portion of a 10 multiservice platform that uses end-to-end encrypted 11 communication. 12 (2) An internet-based service or application owned or 13 operated by a nonprofit organization exempt from federal income 14 tax pursuant to section 501(c)(3) of the Internal Revenue Code. 15 Sec. 2. NEW SECTION . 659B.2 Reporting requirements. 16 A social media platform shall do all of the following: 17 1. Provide, in a mechanism that is reasonably accessible 18 to users, a means for a user who is a resident of this state 19 to report material to the social media platform that the user 20 reasonably believes meets all of the following criteria: 21 a. The reported material is child sexual abuse material. 22 b. The reporting user is an identifiable minor depicted in 23 the reported material. 24 c. The reported material is displayed, stored, or hosted on 25 the social media platform. 26 2. Collect information reasonably sufficient to enable the 27 social media platform to contact, pursuant to subsection 3, a 28 reporting user. 29 3. Contact a reporting user in writing by a method, 30 including but not limited to a telephone number for purposes of 31 sending text messages or an electronic mail address, that meets 32 all of the following criteria: 33 a. The method is chosen by the reporting user. 34 b. The method is not a method that is within the control of 35 -2- LSB 5153XS (6) 90 cm/jh 2/ 11
S.F. 2219 the social media company that owns or operates the social media 1 platform. 2 4. a. Permanently block the instance of reported material 3 from being viewable on the social media platform if the 4 reported material meets all of the following criteria: 5 (1) There is a reasonable basis to believe that the reported 6 material is child sexual abuse material. 7 (2) The reported material is displayed, stored, or hosted 8 on the social media platform. 9 (3) (a) The report contains basic identifying information, 10 such as an account identifier, sufficient to permit the social 11 media platform to locate the reported material. 12 (b) A social media platform shall not require a report to 13 contain a specific piece of information for purposes of this 14 subparagraph. 15 b. A social media platform shall make reasonable efforts to 16 remove and block other instances of the same reported material 17 blocked pursuant to this subsection from being viewable on the 18 social media platform. 19 5. Provide written confirmation to a reporting user that the 20 social media platform received that person’s report that meets 21 all of the following criteria: 22 a. The written confirmation is provided to the reporting 23 user within thirty-six hours of when the material was first 24 reported. 25 b. The written confirmation is provided using the 26 information collected from the reporting user under subsection 27 2. 28 c. The written confirmation informs the reporting user of 29 the schedule of regular written updates that the social media 30 platform is required to make under subsection 6. 31 6. a. Provide a written update to the reporting user as 32 to the status of the social media platform’s handling of the 33 reported material using the information collected from the 34 reporting user under subsection 2. 35 -3- LSB 5153XS (6) 90 cm/jh 3/ 11
S.F. 2219 b. The written update required by this paragraph shall 1 be provided seven days after the date on which the written 2 confirmation required under subsection 5 was provided and every 3 seven days thereafter until the final written determination 4 required by subsection 7 is provided. 5 7. Issue a final written determination to the reporting 6 user, using the information collected from the reporting user 7 under subsection 2, stating one of the following: 8 a. The reported material has been determined to be child 9 sexual abuse material that was displayed, stored, or hosted on 10 the social media platform and has been blocked on the social 11 media platform. 12 b. The reported material has been determined not to be child 13 sexual abuse material. 14 c. The reported material has been determined not to be 15 displayed, stored, or hosted on the social media platform. 16 8. a. Except as provided in paragraph “b” , comply with 17 this section no later than thirty days after the date on which 18 material was first reported pursuant to this section. 19 b. (1) If the social media platform cannot comply with 20 this section due to circumstances beyond the reasonable control 21 of the social media platform, the social media platform shall 22 comply with this section no later than sixty days after the 23 date on which material was first reported pursuant to this 24 section. 25 (2) If this paragraph applies, the social media platform 26 shall promptly provide written notice of the delay, no later 27 than forty-eight hours from the time the social media platform 28 knew the delay was likely to occur, to the reporting user 29 using the information collected from the reporting user under 30 subsection 2. 31 Sec. 3. NEW SECTION . 659B.3 Liability. 32 1. A social media company that fails to comply with the 33 requirements of this chapter shall be liable to a reporting 34 user for all of the following: 35 -4- LSB 5153XS (6) 90 cm/jh 4/ 11
S.F. 2219 a. Any actual damages sustained by the reporting user as a 1 result of the violation. 2 b. (1) (a) Subject to subparagraph divisions (b) and (c), 3 statutory damages of no more than two hundred fifty thousand 4 dollars per violation. 5 (b) If a social media platform has permanently blocked the 6 instance of the reported material pursuant to section 659B.2, 7 subsection 4, before a complaint is filed for a violation of 8 this chapter, the maximum statutory damages awarded pursuant 9 to subparagraph division (a) shall be one hundred twenty-five 10 thousand dollars per violation. 11 (c) If a social media platform meets all of the following 12 requirements, the maximum statutory damages awarded pursuant to 13 subparagraph division (a), for a violation of section 658B.2, 14 subsections 4, 5, 6, and 7, shall be seventy-five thousand 15 dollars per violation: 16 (i) The social media platform registers with, and 17 participates in, the national center for missing and exploited 18 children’s take it down service or service’s successor. 19 (ii) The social media platform receives updated hash 20 values for identified child sexual abuse material from the 21 national center for missing and exploited children’s take it 22 down service, or the service’s successor, at least once every 23 thirty-six hours. 24 (iii) Within thirty-six hours of receiving updated hash 25 values for identified child sexual abuse material from the 26 national center for missing and exploited children’s take it 27 down service, or service’s successor, pursuant to subparagraph 28 subdivision (ii), the social media platform removes child 29 sexual abuse material identified by hash values from the social 30 media platform. 31 (iv) The social media platform reports identified child 32 sexual abuse material to the national center for missing and 33 exploited children’s cybertipline, as required by 18 U.S.C. 34 §2258A. 35 -5- LSB 5153XS (6) 90 cm/jh 5/ 11
S.F. 2219 (v) The social media platform provides to a reporting user 1 all of the following when a user reports child sexual abuse 2 material to the platform directly: 3 (A) Written confirmation to the reporting user that the 4 social media platform received that person’s report within 5 thirty-six hours after the child sexual abuse material was 6 reported. 7 (B) A final written determination to the reporting user 8 within thirty days after the date on which the material was 9 first reported. 10 (2) In determining the amount of statutory damages pursuant 11 to this paragraph, a court shall consider the willfulness and 12 severity of the violation and whether the social media platform 13 has previously violated this chapter. 14 c. Costs of the action including reasonable attorney fees. 15 d. Any other relief that the court deems proper. 16 2. The failure of a social media platform to comply with 17 section 658B.2, subsections 4, 5, 6, and 7, within sixty days 18 after the date on which material was first reported pursuant to 19 section 658B.2 shall establish a rebuttable presumption that 20 the reporting user is entitled to statutory damages under this 21 section. 22 3. This chapter shall not be construed to limit or impair in 23 any way a cause of action under section 714H.3. 24 Sec. 4. NEW SECTION . 659B.4 Civil actions. 25 1. This section shall apply only in a civil action brought 26 by, or on behalf of, or for the benefit of, a person who is 27 a minor or nonminor dependent and is a victim of commercial 28 sexual exploitation committed by a person who is over eighteen 29 years of age or facilitated, aided, or abetted by a social 30 media platform in violation of subsection 7. For purposes of 31 this section, the age of the victim, the status of the victim 32 as a minor or nonminor dependent, and the age of the defendant 33 is determined at the time of the defendant’s act of commercial 34 sexual exploitation of the victim. 35 -6- LSB 5153XS (6) 90 cm/jh 6/ 11
S.F. 2219 2. In a civil action brought by, on behalf of, or for the 1 benefit of a minor, or nonminor dependent, against a person who 2 engaged in any act of commercial sexual exploitation of a minor 3 or nonminor dependent, whenever a trier of fact is authorized 4 by a statute, other than subsection 3, to impose either a 5 fine, or a civil penalty or other penalty, or any other remedy 6 the purpose or effect of which is to punish or deter, and the 7 amount of the fine, penalty, or other remedy is subject to the 8 trier of fact’s discretion, the trier of fact shall consider 9 all of the following factors, in addition to other appropriate 10 factors, in determining the amount of fine, civil penalty, or 11 other penalty, or other remedy to impose. If the trier of fact 12 makes an affirmative finding in regard to one or more of the 13 following factors, the trier of fact may impose a fine, civil 14 penalty, or other penalty, or other remedy in an amount up to 15 three times greater than authorized by the statute, or, if the 16 statute does not authorize a specific amount, up to three times 17 greater than the amount the trier of fact would impose in the 18 absence of that affirmative finding: 19 a. Whether the defendant’s conduct was directed to more than 20 one minor or nonminor dependent. 21 b. Whether one or more minors or nonminor dependents 22 suffered substantial physical, emotional, or economic damage 23 resulting from the defendant’s conduct. 24 c. Whether the defendant knew or reasonably should have 25 known that the victim was a minor or nonminor dependent. It 26 shall not be a defense to imposition of fines, penalties, or 27 other remedies pursuant to this paragraph that the defendant 28 was unaware of the victim’s age or status as a nonminor 29 dependent at the time of the act. 30 3. If the trier of fact is not authorized by statute to 31 impose a civil penalty in an action described in subsection 32 2, the court may award a civil penalty not exceeding fifty 33 thousand dollars, and not less than ten thousand dollars, for 34 each act of commercial sexual exploitation committed by the 35 -7- LSB 5153XS (6) 90 cm/jh 7/ 11
S.F. 2219 defendant upon making an affirmative finding in regard to one 1 or more of the factors in subsection 2. This penalty may be 2 imposed in addition to any other remedy available in law or in 3 equity. 4 4. Any penalty imposed pursuant to this section shall be 5 paid to the victim of the act of sexual exploitation. 6 5. It shall not be a defense to the imposition of fines or 7 penalties pursuant to this section that the victim consented to 8 the act of commercial sexual exploitation. 9 6. If the victim is under eighteen years of age, the court, 10 in its discretion, may order that any penalty imposed pursuant 11 to this section be held in trust for the victim and used 12 exclusively for the benefit and well-being of the victim. When 13 the victim reaches eighteen years of age or is emancipated, the 14 trust shall expire and any unspent remainder shall be the sole 15 property of the victim. 16 7. a. A social media platform shall not knowingly 17 facilitate, aid, or abet commercial sexual exploitation. 18 b. For a violation of this subsection, a court shall award 19 statutory damages not exceeding four million dollars and not 20 less than one million dollars for each act of commercial sexual 21 exploitation facilitated, aided, or abetted by the social media 22 platform. 23 c. A social media platform shall not be deemed to be in 24 violation of this subsection if the social media platform 25 demonstrates all of the following: 26 (1) The social media platform instituted and maintained 27 a program of at least biannual audits of the social media 28 platform designs, algorithms, practices, affordances, and 29 features to detect designs, algorithms, practices, affordances, 30 or features that have the potential to cause or contribute to 31 violations of this subsection. 32 (2) The social media platform took action, within 33 thirty days of the completion of an audit described in 34 subparagraph (1), designed to mitigate or eliminate the 35 -8- LSB 5153XS (6) 90 cm/jh 8/ 11
S.F. 2219 reasonably foreseeable risk that a design, algorithm, practice, 1 affordance, or feature violates, or contributes to a violation 2 of, this subsection. 3 (3) The social media platform provided to each member of the 4 social media platform’s board of directors a true and correct 5 copy of each audit within ninety days of the audit being 6 completed accompanied by a description of any action taken 7 pursuant to subparagraph (2). 8 (4) For purposes of this subsection, a social media platform 9 shall be deemed to have knowledge under paragraph “a” if all of 10 the following are true: 11 (a) Material was reported to a social media platform using 12 the mechanism required under section 659B.2, subsection 1, for 13 four consecutive months. 14 (b) The criteria set forth in section 659B.2, subsection 1, 15 are established with respect to that reported material. 16 (c) The reported material was first displayed, stored, or 17 hosted on the platform after January 1, 2025. 18 (5) For the purposes of this subsection, “facilitate, 19 aid, or abet” means to deploy a system, design, feature, or 20 affordance that is a substantial factor in causing minor users 21 to be victims of commercial sexual exploitation. 22 8. A waiver of the provisions of this section is contrary to 23 public policy and is void and unenforceable. 24 9. Notwithstanding section 614.1 or any other provision 25 of law to the contrary, no time limitation shall apply for an 26 action brought under this section. 27 10. For purposes of this section: 28 a. “Commercial sexual exploitation” means an act committed 29 for the purpose of obtaining property, money, or anything else 30 of value in exchange for, or as a result of, a sexual act of a 31 minor or nonminor dependent, including but not limited to an 32 act that would constitute a violation of any of the following: 33 (1) Sex trafficking of a minor in violation of section 34 710A.2. 35 -9- LSB 5153XS (6) 90 cm/jh 9/ 11
S.F. 2219 (2) Pimping of a minor in violation of section 725.2. 1 (3) Pandering of a minor in violation of section 725.3. 2 (4) Procurement of a child for lascivious acts in violation 3 of section 709.8. 4 (5) Enticing a minor in violation of section 710.10. 5 (6) Sexual exploitation of a minor, in violation of section 6 728.12, subsections 1 and 2. 7 b. “Nonminor dependent” means the same as dependent adult 8 defined in section 235B.2. 9 c. “Social media platform” does not include any of the 10 following: 11 (1) A stand-alone direct messaging service that provides 12 end-to-end encrypted communication or the portion of a 13 multiservice platform that uses end-to-end encrypted 14 communication. 15 (2) An internet-based service or application owned or 16 operated by a nonprofit organization exempt from federal income 17 tax pursuant to section 501(c)(3) of the Internal Revenue Code. 18 Sec. 5. EFFECTIVE DATE. This Act takes effect on January 19 1, 2025. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to the regulation of access to obscene 24 material by a minor on social media platforms. 25 The bill requires a social media platform to provide, in a 26 mechanism that is reasonably accessible to users, a means for a 27 user who is an Iowa resident to report material to the social 28 media platform that the user reasonably believes meets certain 29 criteria, including that the reported material is child sexual 30 abuse material in which the reporting user is an identifiable 31 minor depicted in the reported material. 32 The bill requires the social media platform to permanently 33 block the reported material and make reasonable efforts to 34 remove and block other instances of the same reported material 35 -10- LSB 5153XS (6) 90 cm/jh 10/ 11
S.F. 2219 from being viewable on the social media platform if there is a 1 reasonable basis to believe that the reported material is child 2 sexual abuse material that is displayed, stored, or hosted 3 on the social media platform, and the report contains basic 4 identifying information sufficient to permit the social media 5 platform to locate the reported material. 6 The bill makes a social media platform liable to the 7 reporting user, including for statutory damages of no more than 8 $250,000 per violation, $125,000 per violation, or $75,000 per 9 violation, as specified. 10 The bill prohibits a social media platform from knowingly 11 facilitating, aiding, or abetting commercial sexual 12 exploitation, as specified. The bill would require a court to 13 award statutory damages not exceeding $4 million and not less 14 than $1 million for each act of commercial sexual exploitation 15 facilitated, aided, or abetted by the social media platform. 16 The bill defines “facilitate, aid, or abet” to mean to deploy a 17 system, design, feature, or affordance that is a substantial 18 factor in causing minor users to be victims of commercial 19 sexual exploitation. The bill prohibits a social media 20 platform from being deemed to be in violation of this provision 21 if the social media platform demonstrates certain mitigating 22 facts, including that the social media platform instituted 23 and maintained a program of at least biannual audits of its 24 designs, algorithms, practices, affordances, and features to 25 detect designs, algorithms, practices, affordances, or features 26 that have the potential to cause or contribute to violations 27 of that provision. The bill provides that there is no time 28 limitation in which to bring a civil action against a social 29 media platform that violates this provision. 30 The bill takes effect on January 1, 2025. 31 -11- LSB 5153XS (6) 90 cm/jh 11/ 11