Senate Study Bill 3106 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON TECHNOLOGY BILL BY CHAIRPERSON COURNOYER) A BILL FOR An Act relating to software security measures for text 1 messages, providing penalties, and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5704XC (3) 90 lh/js

S.F. _____ Section 1. NEW SECTION . 476.95C Software security measures 1 for text messages. 2 1. For the purposes of this section: 3 a. “Encrypted” means the same as defined in section 715C.1. 4 b. “Texting software” means the software that comes 5 preloaded on a wireless device, and any subsequent updates to 6 the software, that enables the wireless device to send a text 7 message to or receive a text message from all or substantially 8 all United States telephone numbers capable of sending or 9 receiving a text message. 10 c. “Texting software provider” means an entity that provides 11 texting software to a wireless device. 12 2. When a person sends a text message to or receives a 13 text message from an individual or a group using the texting 14 software on a wireless device, the texting software provider 15 for the wireless device sending the text message shall ensure 16 all of the following: 17 a. That the data sent in the text message is encrypted 18 and that the texting software selects a network that is 19 compatible with and supports such encryption when selecting 20 a communication network to send the text message to another 21 wireless device. 22 b. A photo, video, or other media sent in the text message 23 is sent in its original quality without degradation. 24 c. That the person who sent the text message receives a 25 real-time notification that the recipient of the text message 26 has viewed it, if the text message recipient has enabled such a 27 notification function on the wireless device. 28 d. That the intended recipient of a text message is sent 29 a real-time notification that a person is typing text, if the 30 text message sender has enabled such a notification function 31 on the wireless device. 32 3. a. The board or the attorney general may bring an action 33 against a texting software provider that has violated this 34 chapter and may seek a temporary or permanent injunction to 35 -1- LSB 5704XC (3) 90 lh/js 1/ 2

S.F. _____ restrain the violation. 1 b. A texting software provider that violates this section 2 is subject to a civil penalty of ten dollars per violation for 3 each device with which a violation occurs. Each calendar month 4 a violation occurs constitutes a separate violation for each 5 device with which a violation occurs. 6 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 7 importance, takes effect upon enactment. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill requires texting software providers to ensure 12 certain encryption and notification features when persons 13 send or receive text messages. “Texting software provider” 14 is defined in the bill as an entity that provides software 15 that comes preloaded on a wireless device, and any subsequent 16 updates to the software, that enables the wireless device to 17 send or receive a text message from U.S. telephone numbers 18 capable of sending or receiving a text message. The bill 19 requires a texting software provider to ensure that text 20 message data is encrypted and sent over a network that supports 21 the encryption, that media sent in the text message is sent 22 and received in its original quality without degradation, and 23 that a text message sender or receiver receives real-time 24 notifications that a person is typing a message or whether 25 a sent message has been read, if the user has enabled such 26 functions on the wireless device. 27 The bill authorizes the Iowa utilities board and the 28 attorney general to seek an injunction against a software 29 provider that is not encrypting text messages. A violation 30 of the bill subjects the texting software provider to a civil 31 penalty of $10 for each device with which a violation occurs. 32 The bill takes effect upon enactment. 33 -2- LSB 5704XC (3) 90 lh/js 2/ 2