House File 633 - Introduced HOUSE FILE 633 BY JACOBSEN , WHEELER , and OSMUNDSON A BILL FOR An Act relating to certain companies that censor online content 1 and providing civil penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2352YH (4) 89 jda/rn

H.F. 633 Section 1. NEW SECTION . 554E.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Dominant social media company” means and includes a 4 person or an affiliate of a person who owns or operates a 5 social networking website. 6 2. “Internet site” means the same as defined in section 4.1. 7 3. “Person” means the same as defined in section 4.1. 8 4. “Social networking website” means and includes an 9 internet site that meets all of the following criteria: 10 a. Allows users, through the creation of pages within 11 the internet site or profiles or by other means, to provide 12 information about themselves that is available to the public 13 or to other users. 14 b. Allows users a mechanism for communication with other 15 users. 16 c. Has at least seventy-five million subscribers or members. 17 d. Was not affiliated with any one religion or political 18 party from its inception. 19 Sec. 2. NEW SECTION . 554E.2 Prohibition on censorship —— 20 notice. 21 1. A dominant social media company shall not affect the 22 ability of a user to create, view, comment, or otherwise 23 interact with content that constitutes constitutionally 24 protected speech on the dominant social media company’s 25 social networking website by limiting, blocking, or otherwise 26 restricting any content on the social networking website or the 27 user’s access to the social networking website. 28 2. Within thirty days after a dominant social media company 29 violates subsection 1, the dominant social media company shall 30 provide the user with electronic notice that explains why the 31 user’s content was limited, blocked, or otherwise restricted, 32 or why the user’s access to the social networking website was 33 restricted. 34 Sec. 3. NEW SECTION . 554E.3 Enforcement —— penalties —— 35 -1- LSB 2352YH (4) 89 jda/rn 1/ 3

H.F. 633 rules. 1 1. The office of the attorney general shall enforce the 2 provisions of this chapter. 3 2. The office of the attorney general shall assess a civil 4 penalty for a violation of this chapter in an amount not to 5 exceed one hundred thousand dollars for each violation. 6 3. The office of the attorney general shall adopt rules 7 pursuant to chapter 17A to administer and interpret this 8 chapter. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to certain companies that censor online 13 content. 14 The bill creates new Code chapter 554E. The bill defines 15 “dominant social media company” to include a person or an 16 affiliate of a person who owns or operates a social networking 17 website. The bill defines “internet site” by reference to 18 Code section 4.1, as a specific location on the internet that 19 is determined by internet protocol numbers, by a domain name, 20 or by both. The bill defines “person” by reference to Code 21 section 4.1, as an individual, corporation, limited liability 22 company, government or governmental subdivision or agency, 23 business trust, estate, trust, partnership or association, or 24 any other legal entity. The bill defines “social networking 25 website” to include an internet site that allows users to 26 provide information about themselves that is available to 27 the public or to other users, allows users a mechanism for 28 communication with other users, has at least 75 million 29 subscribers or members, and was not affiliated with any one 30 religion or political party from its inception. 31 The bill prohibits a dominant social media company 32 from affecting the ability of a user to create, view, 33 comment, or otherwise interact with content that constitutes 34 constitutionally protected speech on its social networking 35 -2- LSB 2352YH (4) 89 jda/rn 2/ 3

H.F. 633 website by restricting any content on the social networking 1 website, or by restricting the user’s access to the social 2 networking website. 3 The bill provides that, within 30 days after a dominant 4 social media company restricts a user’s content that 5 constitutes constitutionally protected speech on its social 6 networking website, or restricts the user’s access to its 7 social networking website, the dominant social media company 8 shall provide the user with notice explaining why the user’s 9 content was restricted, or why the user’s access to the social 10 networking website was restricted. 11 The bill requires the office of the attorney general to 12 enforce the provisions of new Code chapter 554E, assess a civil 13 penalty for a violation of the new Code chapter in an amount 14 not to exceed $100,000 for each violation, and adopt rules to 15 administer and interpret the bill. 16 -3- LSB 2352YH (4) 89 jda/rn 3/ 3