SSB 3106 (LSB 5704XC (3) 90)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON TECHNOLOGY BILL BY CHAIRPERSON COURNOYER)

A BILL FOR

An Act relating to software security measures for text messages, providing penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  476.95C  Software security measures for text messages.
   1.  For the purposes of this section:
   a.  “Encrypted” means the same as defined in section 715C.1.
   b.  “Texting software” means the software that comes preloaded on a wireless device, and any subsequent updates to the software, that enables the wireless device to send a text message to or receive a text message from all or substantially all United States telephone numbers capable of sending or receiving a text message.
   c.  “Texting software provider” means an entity that provides texting software to a wireless device.
   2.  When a person sends a text message to or receives a text message from an individual or a group using the texting software on a wireless device, the texting software provider for the wireless device sending the text message shall ensure all of the following:
   a.  That the data sent in the text message is encrypted and that the texting software selects a network that is compatible with and supports such encryption when selecting a communication network to send the text message to another wireless device.
   b.  A photo, video, or other media sent in the text message is sent in its original quality without degradation.
   c.  That the person who sent the text message receives a real-time notification that the recipient of the text message has viewed it, if the text message recipient has enabled such a notification function on the wireless device.
   d.  That the intended recipient of a text message is sent a real-time notification that a person is typing text, if the text message sender has enabled such a notification function on the wireless device.
   3.  a.  The board or the attorney general may bring an action against a texting software provider that has violated this chapter and may seek a temporary or permanent injunction to restrain the violation.
   b.  A texting software provider that violates this section is subject to a civil penalty of ten dollars per violation for each device with which a violation occurs. Each calendar month a violation occurs constitutes a separate violation for each device with which a violation occurs.
    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires texting software providers to ensure certain encryption and notification features when persons send or receive text messages. “Texting software provider” is defined in the bill as an entity that provides software that comes preloaded on a wireless device, and any subsequent updates to the software, that enables the wireless device to send or receive a text message from U.S. telephone numbers capable of sending or receiving a text message. The bill requires a texting software provider to ensure that text message data is encrypted and sent over a network that supports the encryption, that media sent in the text message is sent and received in its original quality without degradation, and that a text message sender or receiver receives real-time notifications that a person is typing a message or whether a sent message has been read, if the user has enabled such functions on the wireless device.
   The bill authorizes the Iowa utilities board and the attorney general to seek an injunction against a software provider that is not encrypting text messages. A violation of the bill subjects the texting software provider to a civil penalty of $10 for each device with which a violation occurs.
   The bill takes effect upon enactment.