HF 2274 (LSB 6188YH (3) 91)

HOUSE FILE 2274

BY  GUSTOFF

A BILL FOR

An Act requiring persons who operate certain internet sites, applications, or a segment of an internet site or application that contains material pornographic for minors to perform reasonable age verification.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  554J.1  Definitions.
   For purposes of this chapter:
   1.  “Application” means a software application or electronic service that a user may run or direct on a mobile device.
   2.  “Commercial entity” means a legally recognized business entity.
   3.  “Digital identification” means information stored on a digital network that may be accessed by a commercial entity and that serves as proof of the identity of an individual.
   4.  “Minor” means an individual under eighteen years of age.
   5.  “Mobile device” means a device described by all of the following:
   a.  The device is small enough to be held and operated in hand.
   b.  The device provides a cellular or wireless connection to the internet.
   c.  The device has the ability to run an application.
   6.  “News-gathering organization” means any of the following:
   a.  A newspaper, news publication, or other commercial entity with the primary purpose of serving as a source of current news and public interest stories, regardless of the primary format on which the entity publishes news.
   b.  An employee of a newspaper, news publication, or other commercial entity with the primary purpose of serving as a source of current news and public interest stories, who is acting within the course and scope of that employment and can provide documentation of that employment.
   c.  An employee of a radio broadcast station, television broadcast station, cable television operator, or wire service who is acting within the course and scope of that employment and can provide documentation of that employment.
   7.  “Pornographic for minors” means material or a performance described by all of the following:
   a.  The average person, applying contemporary community standards, would find that the material or performance, taken as a whole, has a tendency to cater or appeal to a prurient interest of minors.
   b.  The material or performance depicts nudity, sexual conduct, the condition of human genitals when in a state of sexual stimulation or arousal, or sadomasochistic abuse in a way which is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors.
   c.  The material or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
   8.  “Substantial portion” means thirty-three percent or more of the total amount of data publicly available on an internet site.
   9.  “Transactional data” means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party.
    Sec. 2.  NEW SECTION.  554J.2  Age verification.
   1.  A person shall not operate an internet site, an application, or a segment of an internet site or application, including on a social media platform, that contains a substantial portion of content pornographic for minors unless the person uses reasonable age verification to prevent minors from accessing such content.
   2.  Reasonable age verification shall include any of the following:
   a.  Requiring an individual to provide digital identification.
   b.  A method that is commercially reasonable given a person’s scope of business and that relies on transactional data to verify an individual’s age.
   c.  A method approved by the attorney general by rule.
   3.  A person that performs reasonable age verification under this section, including a third party that contracts with a person to perform reasonable age verification for the person, shall not retain any identifying information of an individual subject to reasonable age verification unless retention of the identifying information is required by law or a court order.
   4.  A person that performs reasonable age verification under this section, including a third party that contracts with a person to perform reasonable age verification for the person, shall use reasonable methods given the person’s scope of business to secure all data collected and transmitted under this section.
    Sec. 3.  NEW SECTION.  554J.3  Limitations.
   This chapter shall not apply to any of the following:
   1.  A bona fide news or public interest broadcast, news recording, report, or event.
   2.  A news-gathering organization.
   3.  An internet service provider, an internet service provider’s affiliates and subsidiaries, a search engine, or a cloud service provider solely for providing access or connection to an internet site or other information or content on the internet, in a facility, on a system, or on a network not under the internet service provider’s, affiliate’s, subsidiary’s, search engine’s, or cloud service provider’s control. This subsection shall not apply if the internet service provider, affiliate, subsidiary, search engine, or cloud service provider was responsible for the creation of the content pornographic for minors.
    Sec. 4.  NEW SECTION.  554J.4  Enforcement and penalties.
   1.  The attorney general shall enforce this chapter, seek injunctions for violations of this chapter, and bring actions against a person thought to be in violation of this chapter.
   2.  Each time an individual accesses an internet site or application not in compliance with this chapter shall constitute a separate violation.
   3.  a.  A violation of this chapter is punishable by a civil penalty of up to one thousand dollars per violation. A person in violation of this section shall not accrue civil penalties of more than ten thousand dollars in a single day.
   b.  Civil penalties collected under this section shall be deposited into the general fund of the state.
    Sec. 5.  NEW SECTION.  554J.5  Rules.
   The attorney general shall adopt rules pursuant to chapter 17A to implement and administer this chapter.
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 persons who operate certain internet sites (sites), applications (apps), or a segment of a site or an app to perform reasonable age verification.
   The bill defines “application”, “commercial entity”, “digital identification”, “minor”, “mobile device”, “news-gathering organization”, “pornographic for minors”, “substantial portion”, and “transactional data”.
   The bill prohibits a person from operating a site, an app, or a segment of a site or an app, including on a social media platform, that contains a substantial portion of content pornographic for minors unless the person uses reasonable age verification to prevent minors from accessing the content pornographic for minors. Reasonable age verification includes requiring an individual to provide digital identification; a method that is commercially reasonable given the person’s scope of business and that relies on transactional data to verify an individual’s age; or a method approved by the attorney general by rule.
   The bill prohibits a person that performs reasonable age verification under the bill, including a third party that contracts with a person to perform reasonable age verification for the person, from retaining any identifying information of an individual subject to reasonable age verification unless retention of the identifying information is required by law or a court order.
   The bill requires a person that performs reasonable age verification under the bill, including a third party that contracts with a person to perform reasonable age verification for the person, to use reasonable methods given the person’s scope of business to secure all data collected and transmitted under the bill.
   The bill lists certain entities and situations to which the bill does not apply.
   The bill requires the attorney general to enforce the bill, seek injunctions for violations of the bill, and bring actions against a person thought to be in violation of the bill. Each time an individual accesses a site or application not in compliance with the bill constitutes a separate violation. A violation of the bill is punishable by a civil penalty of up to $1,000 per violation. A person in violation of the bill shall not accrue civil penalties of more than $10,000 in a single day. Civil penalties collected under the bill shall be deposited into the general fund of the state.
   The bill requires the attorney general to adopt rules to implement and administer the bill.