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House Study Bill 523 - IntroducedA Bill ForAn Act 1relating to requirements for specific digital
2content-blocking capabilities of products manufactured,
3distributed, or sold in the state that make the internet
4accessible, providing for the collection and remittance of
5fees, and providing for criminal and civil liability for
6certain violations of the Act.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 710B.1 Definitions.
2As used in this chapter, unless the context otherwise
3requires:
41. “Consumer” means an individual who purchases a product
5that makes the internet accessible from a person in this state
6that manufactures, distributes, or sells such a product.
72. “Full or partial nudity” means the same as defined in
8section 708.7.
93. “Human trafficking” means the same as defined in section
10710A.1.
114. “Obscene material” means the same as defined in section
12728.1.
135. “Photograph or film” means the same as defined in section
14708.7.
156. “Prohibited sexual act” means the same as defined in
16section 728.1.
177. “Revenge pornography” means a photograph or film
18showing another person in a state of full or partial nudity or
19engaged in a sex act that has been disseminated, published,
20distributed, or posted without the consent of the person in the
21photograph or film.
22 Sec. 2. NEW SECTION. 710B.2 Digital content-blocking
23capability requirement.
24A person in this state that manufactures, distributes,
25or sells a product that makes the internet accessible
26to a user of the product shall not manufacture, sell, or
27distribute the product without an active and operating digital
28content-blocking capability that blocks all internet sites that
29contain any of the following:
301. Obscene material.
312. Revenge pornography.
323. A minor engaged in a prohibited sexual act or visual
33depiction of sexual exploitation of a minor as described in
34section 728.12.
354. An unlawful act promoting or facilitating prostitution
-1-1as described in section 725.1.
25. An unlawful act promoting or facilitating human
3trafficking.
4 Sec. 3. NEW SECTION. 710B.3 Duty to maintain appropriate
5functioning of digital content blocking capabilities.
6A person in this state that manufactures, distributes, or
7sells a product that makes the internet accessible to a user of
8the product shall do all of the following:
91. Make reasonable and ongoing efforts to ensure proper
10functioning of the digital content blocking capability in all
11products manufactured, distributed, or sold.
122. Provide routine digital content blocking updates to
13a consumer of a product containing digital content blocking
14to ensure the ongoing quality and performance of the digital
15content blocking.
163. Establish a telephone call center or internet site for a
17consumer to report a violation of the digital content blocking
18requirements of this chapter or to report digital content
19blocking of an internet site not subject to the requirements
20of section 710B.2.
214. Investigate a consumer’s report of a violation of this
22chapter and provide the consumer an appropriate digital content
23blocking update within thirty days of the initial report if a
24violation of section 710B.2 has occurred.
255. Investigate a consumer’s report of digital content
26blocking of an internet site not subject to the requirements of
27section 710B.2 and if appropriate enable the consumer’s access
28to the internet site within thirty days of the initial report.
29 Sec. 4. NEW SECTION. 710B.4 Prohibition on digital content
30blocking of certain internet sites.
31A person in this state that manufactures, distributes, or
32sells a product that makes the internet accessible to a user
33of the product shall not activate or make operational digital
34content blocking on the product to make any of the following
35internet sites inaccessible:
-2- 11. A social media internet site that has an existing process
2to manage a complaint by a user of the site.
32. An internet site not specified in section 710B.2.
4 Sec. 5. NEW SECTION. 710B.5 Restrictions on deactivation of
5digital content blocking capability.
6A person in this state that manufactures, distributes,
7or sells a product that makes the internet accessible shall
8not share, sell, or distribute a method, source code, or any
9other instruction to deactivate the digital content blocking
10capability of the product unless all of the following apply:
111. A consumer of the product submits a written request for
12deactivation.
132. Proof that the consumer is age eighteen or older is
14provided.
153. The manufacturer, distributor, or seller of the product
16provides the consumer with a written warning that outlines the
17consequences of deactivation.
184. The consumer signs an acknowledgment that a written
19warning has been provided.
205. The consumer pays a one-time twenty-dollar deactivation
21fee.
22 Sec. 6. NEW SECTION. 710B.6 Remittance of deactivation fees
23and deposit into victim compensation fund.
241. A manufacturer, distributor, or seller shall annually
25remit all deactivation fees collected under section 710B.5
26to the treasurer of state in the manner prescribed by the
27treasurer of state.
282. The treasurer of state shall deposit all deactivation
29fees received into the victim compensation fund to be used as
30provided in section 915.94.
31 Sec. 7. NEW SECTION. 710B.7 Criminal liability.
321. A person in this state that manufactures, distributes,
33or sells a product that makes the internet accessible to a
34consumer of the product is guilty of an aggravated misdemeanor
35if any of the following apply:
-3- 1a. The product does not comply with section 710B.2.
2b. The person that manufactures, distributes, or sells
3the product provides a method, source code, or any other
4instruction to deactivate the digital content blocking
5capability of the product other than pursuant to a written
6request by a consumer to deactivate the product.
7c. The person that manufactures, distributes, or sells the
8product deactivates the digital content blocking capability in
9a manner that violates section 710B.5.
102. An affirmative defense under section 728.10 applies to
11this section.
12 Sec. 8. NEW SECTION. 710B.8 Civil cause of action and
13injunctive relief.
141. A consumer of a product containing digital content
15blocking capabilities that makes the internet accessible may
16bring a civil action seeking relief from a person in this
17state that manufactures, distributes, or sells the product
18and may recover up to five hundred dollars in damages per
19reported violation plus reasonable attorney fees and court
20costs if the person’s violation is substantiated pursuant to an
21investigation conducted under section 710B.3, subsection 4.
222. The attorney general or county attorney may seek
23injunctive relief if a person in this state that manufactures,
24distributes, or sells a product that makes the internet
25accessible to a consumer of the product violates section 710B.2
26or 710B.3.
27 Sec. 9. NEW SECTION. 710B.9 Applicability.
28This chapter applies to a person in this state that
29manufactures, distributes, or sells a product on or after
30January 1, 2019, that makes the internet accessible to a user
31of the product.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to requirements for specific digital
-4-1content-blocking capabilities of products manufactured,
2distributed, or sold in the state that make the internet
3accessible. The bill prohibits a person from manufacturing,
4distributing, or selling a product without an active and
5operating digital content-blocking capability that blocks
6any internet site that contains material that is obscene or
7that constitutes sexual exploitation of a minor, promotion
8or facilitation of prostitution, promotion or facilitation
9of human trafficking, or revenge pornography as defined or
10described in the bill.
11The bill requires such a person to make reasonable and
12ongoing efforts to ensure proper functioning of the digital
13content blocking capability, to provide routine updates for
14the digital content blocking to a consumer who has a product
15containing digital content blocking, to establish a call center
16or internet site that allows consumers to report a violation
17of the digital content blocking or to report blocking of an
18internet site that is not required to be blocked. In addition,
19such a person is required to investigate a consumer’s report of
20a violation and provide an appropriate update to the digital
21content blocking capability within 30 days of the initial
22report, and to investigate any consumer report of blocking of
23an internet site that is not required to be blocked, and if
24appropriate, enable consumer access to the incorrectly blocked
25site within 30 days of the initial report.
26The bill prohibits digital content blocking of social
27media internet sites that have existing processes to manage
28complaints from a user of the site or blocking of any
29internet site that does not contain obscene material, revenge
30pornography, or acts or depictions of sexual exploitation of a
31minor, or does not promote or facilitate prostitution or human
32trafficking.
33The bill prohibits a manufacturer, distributer, or seller
34from sharing, selling, or distributing a method, source code,
35or any other instruction to deactivate the digital content
-5-1blocking capability unless a consumer of a product submits a
2written request for deactivation, provides proof the consumer
3is age 18 or older, signs an acknowledgment that a written
4warning outlining the consequences of deactivation has been
5provided by the manufacturer, distributor, or seller, and pays
6a one-time $20 deactivation fee.
7The manufacturer, distributer, or seller must annually remit
8all deactivation fees that are collected to the treasurer of
9state. The treasurer of state shall deposit all fees received
10into the victim compensation fund to be used as provided in
11Code section 915.94.
12A person in this state that manufactures, distributes, or
13sells a product that makes the internet accessible is guilty
14of an aggravated misdemeanor if the product does not contain
15the required digital content blocking capabilities, or the
16person deactivates the digital content blocking capability in a
17manner other than that authorized by the bill, or the person
18provides a consumer of a product with a method, source code,
19or any other instruction to deactivate the digital content
20blocking capability. An aggravated misdemeanor is punishable
21by confinement for no more than two years and a fine of at least
22$625 but not more than $6,250.
23The bill provides for a civil cause of action if a person
24that manufactures, distributes, or sells a product that makes
25the internet accessible does not respond appropriately to
26a consumer’s report of a violation of the digital content
27blocking capability requirement. A consumer of a product may
28bring a civil action seeking relief and recover up to $500
29in damages per reported violation, plus reasonable attorney
30fees and court costs. The attorney general or county attorney
31may seek injunctive relief if products are sold without
32the required digital content blocking or the manufacturer,
33distributer, or seller fails to maintain the digital content
34blocking capabilities, or fails to respond as required to a
35consumer complaint.
-6- 1The bill applies to a person in this state that manufactures,
2distributes, or sells a product on or after January 1, 2019,
3that makes the internet accessible to a user of the product.
-7-ko/rj
2content-blocking capabilities of products manufactured,
3distributed, or sold in the state that make the internet
4accessible, providing for the collection and remittance of
5fees, and providing for criminal and civil liability for
6certain violations of the Act.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 710B.1 Definitions.
2As used in this chapter, unless the context otherwise
3requires:
41. “Consumer” means an individual who purchases a product
5that makes the internet accessible from a person in this state
6that manufactures, distributes, or sells such a product.
72. “Full or partial nudity” means the same as defined in
8section 708.7.
93. “Human trafficking” means the same as defined in section
10710A.1.
114. “Obscene material” means the same as defined in section
12728.1.
135. “Photograph or film” means the same as defined in section
14708.7.
156. “Prohibited sexual act” means the same as defined in
16section 728.1.
177. “Revenge pornography” means a photograph or film
18showing another person in a state of full or partial nudity or
19engaged in a sex act that has been disseminated, published,
20distributed, or posted without the consent of the person in the
21photograph or film.
22 Sec. 2. NEW SECTION. 710B.2 Digital content-blocking
23capability requirement.
24A person in this state that manufactures, distributes,
25or sells a product that makes the internet accessible
26to a user of the product shall not manufacture, sell, or
27distribute the product without an active and operating digital
28content-blocking capability that blocks all internet sites that
29contain any of the following:
301. Obscene material.
312. Revenge pornography.
323. A minor engaged in a prohibited sexual act or visual
33depiction of sexual exploitation of a minor as described in
34section 728.12.
354. An unlawful act promoting or facilitating prostitution
-1-1as described in section 725.1.
25. An unlawful act promoting or facilitating human
3trafficking.
4 Sec. 3. NEW SECTION. 710B.3 Duty to maintain appropriate
5functioning of digital content blocking capabilities.
6A person in this state that manufactures, distributes, or
7sells a product that makes the internet accessible to a user of
8the product shall do all of the following:
91. Make reasonable and ongoing efforts to ensure proper
10functioning of the digital content blocking capability in all
11products manufactured, distributed, or sold.
122. Provide routine digital content blocking updates to
13a consumer of a product containing digital content blocking
14to ensure the ongoing quality and performance of the digital
15content blocking.
163. Establish a telephone call center or internet site for a
17consumer to report a violation of the digital content blocking
18requirements of this chapter or to report digital content
19blocking of an internet site not subject to the requirements
20of section 710B.2.
214. Investigate a consumer’s report of a violation of this
22chapter and provide the consumer an appropriate digital content
23blocking update within thirty days of the initial report if a
24violation of section 710B.2 has occurred.
255. Investigate a consumer’s report of digital content
26blocking of an internet site not subject to the requirements of
27section 710B.2 and if appropriate enable the consumer’s access
28to the internet site within thirty days of the initial report.
29 Sec. 4. NEW SECTION. 710B.4 Prohibition on digital content
30blocking of certain internet sites.
31A person in this state that manufactures, distributes, or
32sells a product that makes the internet accessible to a user
33of the product shall not activate or make operational digital
34content blocking on the product to make any of the following
35internet sites inaccessible:
-2- 11. A social media internet site that has an existing process
2to manage a complaint by a user of the site.
32. An internet site not specified in section 710B.2.
4 Sec. 5. NEW SECTION. 710B.5 Restrictions on deactivation of
5digital content blocking capability.
6A person in this state that manufactures, distributes,
7or sells a product that makes the internet accessible shall
8not share, sell, or distribute a method, source code, or any
9other instruction to deactivate the digital content blocking
10capability of the product unless all of the following apply:
111. A consumer of the product submits a written request for
12deactivation.
132. Proof that the consumer is age eighteen or older is
14provided.
153. The manufacturer, distributor, or seller of the product
16provides the consumer with a written warning that outlines the
17consequences of deactivation.
184. The consumer signs an acknowledgment that a written
19warning has been provided.
205. The consumer pays a one-time twenty-dollar deactivation
21fee.
22 Sec. 6. NEW SECTION. 710B.6 Remittance of deactivation fees
23and deposit into victim compensation fund.
241. A manufacturer, distributor, or seller shall annually
25remit all deactivation fees collected under section 710B.5
26to the treasurer of state in the manner prescribed by the
27treasurer of state.
282. The treasurer of state shall deposit all deactivation
29fees received into the victim compensation fund to be used as
30provided in section 915.94.
31 Sec. 7. NEW SECTION. 710B.7 Criminal liability.
321. A person in this state that manufactures, distributes,
33or sells a product that makes the internet accessible to a
34consumer of the product is guilty of an aggravated misdemeanor
35if any of the following apply:
-3- 1a. The product does not comply with section 710B.2.
2b. The person that manufactures, distributes, or sells
3the product provides a method, source code, or any other
4instruction to deactivate the digital content blocking
5capability of the product other than pursuant to a written
6request by a consumer to deactivate the product.
7c. The person that manufactures, distributes, or sells the
8product deactivates the digital content blocking capability in
9a manner that violates section 710B.5.
102. An affirmative defense under section 728.10 applies to
11this section.
12 Sec. 8. NEW SECTION. 710B.8 Civil cause of action and
13injunctive relief.
141. A consumer of a product containing digital content
15blocking capabilities that makes the internet accessible may
16bring a civil action seeking relief from a person in this
17state that manufactures, distributes, or sells the product
18and may recover up to five hundred dollars in damages per
19reported violation plus reasonable attorney fees and court
20costs if the person’s violation is substantiated pursuant to an
21investigation conducted under section 710B.3, subsection 4.
222. The attorney general or county attorney may seek
23injunctive relief if a person in this state that manufactures,
24distributes, or sells a product that makes the internet
25accessible to a consumer of the product violates section 710B.2
26or 710B.3.
27 Sec. 9. NEW SECTION. 710B.9 Applicability.
28This chapter applies to a person in this state that
29manufactures, distributes, or sells a product on or after
30January 1, 2019, that makes the internet accessible to a user
31of the product.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to requirements for specific digital
-4-1content-blocking capabilities of products manufactured,
2distributed, or sold in the state that make the internet
3accessible. The bill prohibits a person from manufacturing,
4distributing, or selling a product without an active and
5operating digital content-blocking capability that blocks
6any internet site that contains material that is obscene or
7that constitutes sexual exploitation of a minor, promotion
8or facilitation of prostitution, promotion or facilitation
9of human trafficking, or revenge pornography as defined or
10described in the bill.
11The bill requires such a person to make reasonable and
12ongoing efforts to ensure proper functioning of the digital
13content blocking capability, to provide routine updates for
14the digital content blocking to a consumer who has a product
15containing digital content blocking, to establish a call center
16or internet site that allows consumers to report a violation
17of the digital content blocking or to report blocking of an
18internet site that is not required to be blocked. In addition,
19such a person is required to investigate a consumer’s report of
20a violation and provide an appropriate update to the digital
21content blocking capability within 30 days of the initial
22report, and to investigate any consumer report of blocking of
23an internet site that is not required to be blocked, and if
24appropriate, enable consumer access to the incorrectly blocked
25site within 30 days of the initial report.
26The bill prohibits digital content blocking of social
27media internet sites that have existing processes to manage
28complaints from a user of the site or blocking of any
29internet site that does not contain obscene material, revenge
30pornography, or acts or depictions of sexual exploitation of a
31minor, or does not promote or facilitate prostitution or human
32trafficking.
33The bill prohibits a manufacturer, distributer, or seller
34from sharing, selling, or distributing a method, source code,
35or any other instruction to deactivate the digital content
-5-1blocking capability unless a consumer of a product submits a
2written request for deactivation, provides proof the consumer
3is age 18 or older, signs an acknowledgment that a written
4warning outlining the consequences of deactivation has been
5provided by the manufacturer, distributor, or seller, and pays
6a one-time $20 deactivation fee.
7The manufacturer, distributer, or seller must annually remit
8all deactivation fees that are collected to the treasurer of
9state. The treasurer of state shall deposit all fees received
10into the victim compensation fund to be used as provided in
11Code section 915.94.
12A person in this state that manufactures, distributes, or
13sells a product that makes the internet accessible is guilty
14of an aggravated misdemeanor if the product does not contain
15the required digital content blocking capabilities, or the
16person deactivates the digital content blocking capability in a
17manner other than that authorized by the bill, or the person
18provides a consumer of a product with a method, source code,
19or any other instruction to deactivate the digital content
20blocking capability. An aggravated misdemeanor is punishable
21by confinement for no more than two years and a fine of at least
22$625 but not more than $6,250.
23The bill provides for a civil cause of action if a person
24that manufactures, distributes, or sells a product that makes
25the internet accessible does not respond appropriately to
26a consumer’s report of a violation of the digital content
27blocking capability requirement. A consumer of a product may
28bring a civil action seeking relief and recover up to $500
29in damages per reported violation, plus reasonable attorney
30fees and court costs. The attorney general or county attorney
31may seek injunctive relief if products are sold without
32the required digital content blocking or the manufacturer,
33distributer, or seller fails to maintain the digital content
34blocking capabilities, or fails to respond as required to a
35consumer complaint.
-6- 1The bill applies to a person in this state that manufactures,
2distributes, or sells a product on or after January 1, 2019,
3that makes the internet accessible to a user of the product.
-7-ko/rj