HF 62 (LSB 1466HH (4) 91)

HOUSE FILE 62

BY  WILLS

A BILL FOR

An Act relating to obscene material available on devices and imposing civil liability on certain entities who publish or distribute obscene material on the internet.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  554I.1  Publication and distribution of obscene material on the internet —— age verification.
   1.  For purposes of this chapter:
   a.  “Interactive computer service” means the same as that term is defined in 47 U.S.C. §230.
   b.  “Obscene material” means the same as defined in section 728.1.
   2.  A commercial entity that knowingly or intentionally publishes or distributes obscene material on the internet shall verify that any person attempting to access obscene material is not a minor through the use of any of the following:
   a.  A commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification.
   b.  Another commercially reasonable method of age and identity verification.
   3.  A commercial entity that violates the provisions of this section shall be subject to civil liability for damages resulting from a minor’s access to obscene material and reasonable attorney fees and costs.
   4.  This section shall not be construed to impose civil liability on a provider or user of an interactive computer service on the internet.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill creates civil liability for commercial entities who publish or distribute obscene material on the internet that is accessed by minors. The bill requires a commercial entity that knowingly or intentionally publishes or distributes obscene material on the internet to use reasonable age verification methods to verify that the individual attempting to access the material is not a minor. A commercial entity that is found in violation shall be civilly liable to an individual for damages resulting from a minor’s access to the material, including court costs and reasonable attorney fees as ordered by the court. The bill does not impose civil liability on a provider or user of an interactive computer service on the internet.