Iowa-2023-HF2114-Introduced

H.F. 2114 Section 1. NEW SECTION . 554H.1 Definitions. 1 As used in this chapter, unless the context requires 2 otherwise: 3 1. “Activate” means the process of powering on a device and 4 associating the device with a new user account. 5 2. “Device” means a tablet or a smartphone manufactured on 6 or after January 1, 2025. 7 3. “Filter” means software installed on a device that is 8 capable of preventing the device from accessing or displaying 9 obscene material as defined by state law through internet 10 website or search engines through mobile data networks, wired 11 internet networks, and wireless internet networks. 12 4. “Internet” means the global information system that 13 is logically linked together by a globally unique address 14 space based on the internet protocol, or its subsequent 15 extensions, and that is able to support communications using 16 the transmission control protocol or internet protocol suite, 17 or its subsequent extensions, or other internet protocol 18 compatible protocols, and that provides, uses, or makes 19 accessible, either publicly or privately, high-level services 20 layered on communications and related infrastructure. 21 5. “Manufacturer” means a person or company that meets all 22 of the following: 23 a. Is engaged in the business of manufacturing a device. 24 b. Holds the patents for the device the person or company 25 manufactures. 26 c. Has a commercial designated registered agent as required 27 by Title XII. 28 6. “Minor” means an individual under the age of eighteen, 29 who is not emancipated, married, or a member of the armed 30 forces of the United States. 31 7. “Obscene” means the same as “obscene material” as defined 32 in section 728.1. 33 8. “Password” means a string of characters or other secure 34 method used to enable, deactivate, modify, or uninstall a 35 -1- LSB 5441YH (3) 90 cm/jh 1/ 5

H.F. 2114 filter on a device. 1 9. “Smartphone” means an electronic device that combines 2 a cell phone with a hand-held computer, typically offering 3 internet access through a browser or search engine, data 4 storage, text, and electronic mail capabilities. 5 10. “Tablet” means an internet-ready device equipped with an 6 operating system, touchscreen display, rechargeable battery, 7 and the ability to support access to a cellular network. 8 Sec. 2. NEW SECTION . 554H.2 Filter required. 9 All devices activated in the state must do all of the 10 following: 11 1. Contain a filter. 12 2. Determine the age of the user during activation and 13 account setup. 14 3. Automatically activate the age verification filter for 15 minor users. 16 4. Allow a password to be established for the filter. 17 5. Notify the user of the device when the filter blocks the 18 device from accessing a website. 19 6. Give the user with a password the opportunity to 20 deactivate and reactivate the filter. 21 Sec. 3. NEW SECTION . 554H.3 Manufacturer liability. 22 1. A manufacturer of a device shall be subject to civil 23 liability under this chapter if all of the following are true: 24 a. The device is activated in this state. 25 b. The device does not, upon activation, enable a filter 26 that complies with the requirements described in section 27 554H.2. 28 c. A minor accesses material that is obscene on the device. 29 2. Notwithstanding subsection 1, a manufacturer that makes 30 a good faith effort to provide a device that, upon activation 31 of the device in this state, automatically enables a generally 32 accepted and commercially reasonable filter that blocks obscene 33 content on all internet browsers or search engines accessed on 34 the device shall not be civilly liable under this chapter. 35 -2- LSB 5441YH (3) 90 cm/jh 2/ 5

H.F. 2114 3. This chapter shall not be construed to create a cause of 1 action against the retailer of a device. 2 Sec. 4. NEW SECTION . 554H.4 Individual liability. 3 With the exception of the minor’s parent or legal guardian, 4 any person may be liable in a civil action for enabling the 5 password to remove the filter on a device in the possession of 6 the minor if the minor accesses content that is obscene. 7 Sec. 5. NEW SECTION . 554H.5 Proceedings by the attorney 8 general. 9 1. Whenever the attorney general has reason to believe 10 that a person violated or is violating the provisions of this 11 chapter, the attorney general, acting in the public interest, 12 may bring an action in the name of the state against such 13 person to do any of the following: 14 a. To enjoin any action that constitutes a violation of this 15 chapter by the issuance of a temporary restraining order or 16 preliminary or permanent injunction. 17 b. To recover from the alleged violator a civil penalty 18 not to exceed five thousand dollars per violation, and not 19 to exceed a total of fifty thousand dollars in aggregate, as 20 determined by the court. 21 c. To recover from the alleged violator the attorney 22 general’s reasonable expenses, investigative costs, and 23 attorney fees. 24 d. To obtain other appropriate relief as provided for under 25 this chapter. 26 2. The attorney general, in addition to other powers 27 conferred by this chapter, may issue subpoenas to any person 28 and conduct hearings in aid of any investigation or inquiry. 29 3. The attorney general may seek the revocation of any 30 license or certificate authorizing a manufacturer to engage in 31 business in this state. 32 4. For purposes of assessing a penalty under this section, 33 a manufacturer is considered to have committed a separate 34 violation for each device manufactured on or after January 1, 35 -3- LSB 5441YH (3) 90 cm/jh 3/ 5

H.F. 2114 2025, that violates the provisions of section 554H.3. 1 Sec. 6. NEW SECTION . 554H.6 Civil action by parents or 2 legal guardians. 3 1. Any parent or legal guardian of a minor that accesses 4 obscene content in violation of section 554H.2 may bring a 5 private cause of action in any court of competent jurisdiction 6 against a manufacturer who failed to comply with section 7 554H.2. A prevailing plaintiff may recover any of the 8 following: 9 a. Actual damages, or in the alternative, in the discretion 10 of the court where actual damages are difficult to ascertain 11 due to the nature of the injury, liquidated damages in the 12 amount of fifty thousand dollars for each violation. 13 b. When a violation is found to be knowing and willful, 14 punitive damages in an amount determined by the court. 15 c. Nominal damages. 16 d. Such other relief as the court deems appropriate, 17 including court costs and expenses. 18 e. Attorney fees against a violating manufacturer. 19 2. This section shall not preclude the bringing of a class 20 action lawsuit against a manufacturer where the manufacturer’s 21 conduct in violation of section 554H.2 is knowing and willful. 22 3. A parent or legal guardian of a child may bring an action 23 in a court of competent jurisdiction against any person who is 24 not the parent or legal guardian of the child and who disables 25 the filter from a device in the possession of the child which 26 results in the child’s exposure to obscene content. 27 Sec. 7. NEW SECTION . 728.16 Telephone filter deactivation 28 —— obscene material to minors. 29 A person, except for a parent or legal guardian, that 30 knowingly deactivated or disabled a filter in violation of 31 chapter 554H shall be guilty of a serious misdemeanor and, 32 notwithstanding section 903.1, the maximum fine shall be five 33 thousand dollars. A subsequent violation of chapter 554H is 34 an aggravated misdemeanor and, notwithstanding section 903.1, 35 -4- LSB 5441YH (3) 90 cm/jh 4/ 5

H.F. 2114 the maximum fine shall be fifty thousand dollars and at the 1 discretion of the courts a period of imprisonment not to exceed 2 one year. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to minors using mobile devices, including 7 protections for minors and providing civil and criminal 8 penalties. 9 The bill establishes filter requirements for minors and 10 enforcement mechanisms for smartphones, tablets, and other 11 devices. The bill requires that based on the age established 12 during device activation and account setup, automatically 13 activate filters on devices for minors during activation. The 14 bill allows the filter to be deactivated by use of a password. 15 The bill provides that any adult who is not a parent or legal 16 guardian shall not deactivate the filter for a minor. The bill 17 applies only to devices manufactured on or after January 1, 18 2025. 19 The bill allows the attorney general to bring civil action 20 suits against manufactures of devices that do not comply with 21 the bill. The bill also allows private civil actions by 22 parents or guardians of a minor against manufacturers who fail 23 to comply with the bill. The bill details the civil remedies 24 available against a manufacturer that violates the provisions 25 of the bill. 26 The bill provides that a person, except for a parent or 27 guardian, who knowingly deactivated or disabled a filter in 28 violation of new Code chapter 554H is guilty of a serious 29 misdemeanor with a maximum fine of $5,000. The bill provides 30 that a subsequent violation of new Code chapter 554H is an 31 aggravated misdemeanor punishable by confinement of no more 32 than one year and a fine of no more than $50,000. 33 -5- LSB 5441YH (3) 90 cm/jh 5/ 5