Bill Text: IA HF2523 | 2023-2024 | 90th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to parental authorization for minors to create accounts on social media platforms, providing civil penalties, and including applicability provisions. (Formerly HF 2255.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2024-03-11 - Subcommittee: Cournoyer, Bennett, and Gruenhagen. S.J. 508. [HF2523 Detail]
Download: Iowa-2023-HF2523-Introduced.html
Bill Title: A bill for an act relating to parental authorization for minors to create accounts on social media platforms, providing civil penalties, and including applicability provisions. (Formerly HF 2255.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2024-03-11 - Subcommittee: Cournoyer, Bennett, and Gruenhagen. S.J. 508. [HF2523 Detail]
Download: Iowa-2023-HF2523-Introduced.html
House
File
2523
-
Introduced
HOUSE
FILE
2523
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
2255)
A
BILL
FOR
An
Act
relating
to
parental
authorization
for
minors
to
1
create
accounts
on
social
media
platforms,
providing
civil
2
penalties,
and
including
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
554H.1
Short
title.
1
This
chapter
shall
be
known
and
may
be
cited
as
the
“Social
2
Media
Parental
Authorization
Act”
.
3
Sec.
2.
NEW
SECTION
.
554H.2
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Minor”
means
an
individual
under
the
age
of
eighteen
who
7
currently
resides
in
Iowa.
8
2.
“Parental
authorization”
means
all
of
the
following:
9
a.
A
written
statement
signed
by
both
a
minor
and
the
10
minor’s
parent
or
legal
guardian
that
authorizes
the
minor
to
11
create
an
account
on
a
social
media
platform.
12
b.
A
digital
authorization
by
a
parent
or
a
legal
guardian
13
of
a
minor
that
authorizes
the
minor
to
create
an
account
14
on
a
social
media
platform
if
the
social
media
platform
15
has
previously
verified
that
the
account
granting
parental
16
authorization
belongs
to
the
parent
or
legal
guardian
of
the
17
minor
seeking
parental
authorization.
18
3.
“Social
media
company”
means
a
company
that
operates
a
19
social
media
platform.
20
4.
“Social
media
platform”
means
an
internet
site
or
21
application
that
is
open
to
the
public
and
that
allows
a
user
22
to
create
an
account
and
do
all
of
the
following:
23
a.
Create
personal
profiles
or
accounts
that
include
the
24
person’s
name,
age,
location,
and
other
personal
information.
25
b.
Connect
with
other
social
media
platform
users
as
26
friends,
followers,
or
any
other
means
of
connecting
that
27
allows
other
users
to
access
shared
content.
28
c.
Facilitate
public
access
to
content,
including
text,
29
images,
videos,
internet
site
links,
or
any
other
information.
30
d.
Send
private
messages
to
other
social
media
platform
31
users.
32
e.
Create
groups
for
the
purpose
of
communicating
about
33
shared
interests.
34
5.
“User”
means
an
individual
who
uses
a
social
media
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platform.
1
Sec.
3.
NEW
SECTION
.
554H.3
Parental
authorization
2
requirements.
3
1.
A
social
media
company
shall
not
permit
a
minor
to
be
4
an
account
holder
on
the
social
media
company’s
social
media
5
platform
unless
the
social
media
company
has
received
prior
6
express
parental
authorization.
7
2.
A
social
media
company
shall
allow
a
parent
or
guardian
8
who
has
provided
parental
authorization
to
revoke
or
rescind
9
the
grant
of
parental
authorization
upon
request
at
any
time.
10
3.
A
social
media
company
shall
not
collect,
transfer,
11
transmit,
image,
or
retain
any
data
from
or
regarding
a
minor
12
if
the
minor
has
not
received
parental
authorization
for
the
13
minor
to
be
an
account
holder
on
the
social
media
company’s
14
social
media
platform
in
accordance
with
subsection
1.
15
4.
Notwithstanding
any
other
provision
of
this
chapter,
a
16
social
media
company
shall
not
permit
a
minor
to
create,
use,
17
or
hold
an
account
on
the
social
media
company’s
social
media
18
platform
if
the
minor
is
prohibited
from
creating,
using,
or
19
holding
an
account
on
a
social
media
platform
under
any
other
20
provision
of
state
or
federal
law.
21
5.
A
social
media
company
shall
provide
a
parent
or
guardian
22
who
has
granted
parental
authorization
under
subsection
1
with
23
a
password
or
other
means
to
access
the
account
of
the
minor,
24
which
shall
allow
the
parent
or
guardian
to
do
all
of
the
25
following:
26
a.
View
all
posts
created
by
the
minor
on
the
social
media
27
platform.
28
b.
View
all
messages
sent
by,
and
responses
received
by,
the
29
minor
on
the
social
media
platform.
30
c.
Control
the
privacy
and
account
settings
of
the
minor’s
31
account
on
the
social
media
platform.
32
d.
Monitor
and
limit
the
amount
of
time
the
minor
may
spend
33
using
the
social
media
platform.
34
Sec.
4.
NEW
SECTION
.
554H.4
Enforcement
——
penalties.
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If
the
attorney
general
has
reasonable
belief
that
a
social
1
media
company
is
in
violation
of
this
chapter,
the
attorney
2
general
may
bring
a
civil
action
to
provide
for
civil
penalties
3
in
an
amount
not
more
than
one
thousand
dollars
for
each
4
violation
of
this
chapter.
5
Sec.
5.
NEW
SECTION
.
554H.5
Private
right
of
action.
6
A
person
harmed
by
a
violation
of
this
chapter
by
a
social
7
media
company
may
bring
a
civil
action
in
the
district
court
8
in
which
the
person
resides
and,
upon
a
finding
that
a
social
9
media
company
violated
this
chapter,
a
district
court
may
order
10
any
of
the
following:
11
1.
Damages
in
an
amount
equal
to
the
greater
of
either
ten
12
thousand
dollars
for
each
violation
or,
if
the
court
determines
13
that
the
social
media
company’s
violation
was
the
direct
cause
14
of
the
harm,
the
amount
of
actual
damages
for
any
financial,
15
physical,
and
emotional
harm
to
the
person
bringing
the
action.
16
2.
Punitive
damages.
17
3.
Reasonable
attorney
fees
and
court
costs.
18
Sec.
6.
NEW
SECTION
.
554H.6
Rules.
19
The
attorney
general
shall
adopt
rules
pursuant
to
chapter
20
17A
to
administer
this
chapter,
including
but
not
limited
to
21
rules
to
establish
all
of
the
following:
22
1.
Processes
or
means
by
which
a
social
media
company
can
23
comply
with
the
parental
authorization
requirements
under
24
section
554H.3.
25
2.
Acceptable
forms
or
methods
of
parental
authorization.
26
3.
Processes
to
confirm
that
a
social
media
company
has
27
received
parental
authorization
under
section
554H.3
for
each
28
minor
that
has
created
an
account
on
the
social
media
company’s
29
social
media
platform.
30
Sec.
7.
APPLICABILITY.
This
Act
applies
to
a
social
media
31
company
operating
on
or
after
the
effective
date
of
this
Act.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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This
bill
relates
to
parental
authorization
for
minors
to
1
create
accounts
on
social
media
platforms.
2
The
bill
requires
a
social
media
company
(company)
to
3
obtain
parental
authorization
before
permitting
a
minor
4
to
create
an
account
on
the
company’s
platform,
and,
upon
5
request,
to
allow
a
parent
or
guardian
to
revoke
or
rescind
the
6
grant
of
parental
authorization
at
any
time.
“Social
media
7
company”,
“parental
authorization”,
“minor”,
and
“social
media
8
platform”
are
defined
in
the
bill.
The
bill
prohibits
the
9
collection,
transfer,
transmission,
imaging,
or
retention
of
10
data
related
to
a
minor
by
a
company
if
the
company
has
not
11
received
parental
authorization,
and
prohibits
a
company
from
12
allowing
a
minor
to
create
or
use
an
account
on
the
social
13
media
platform
if
the
minor
is
prohibited
from
doing
so
by
any
14
other
provision
of
state
or
federal
law.
The
bill
requires
15
a
company
to
provide
a
parent
or
guardian
who
has
granted
16
parental
authorization
with
a
password
or
other
means
to
access
17
the
account
of
the
minor
to
allow
the
parent
or
guardian
to
18
view
all
posts
created
by
the
minor,
view
all
messages
and
19
responses
sent
or
received
by
the
minor,
control
the
privacy
20
and
account
settings
of
the
minor’s
account,
and
monitor
and
21
limit
the
amount
of
time
the
minor
may
spend
using
the
social
22
media
platform.
23
The
bill
permits
the
attorney
general
to
bring
a
civil
24
action
for
a
violation
of
the
bill
and
the
court
to
assess
a
25
civil
penalty
against
a
company
of
up
to
$1,000
per
violation.
26
A
person
harmed
by
a
company’s
violation
of
the
bill
may
27
bring
a
civil
action
in
district
court
and,
upon
a
finding
28
that
a
company
violated
the
bill,
a
district
court
may
order
29
damages
in
an
amount
equal
to
the
greater
of
either
$10,000
30
for
each
violation,
or
the
amount
of
actual
damages
for
any
31
financial,
physical,
and
emotional
harm
to
the
person
if
the
32
court
determines
that
the
company’s
violation
was
the
direct
33
cause
of
the
harm.
The
court
may
also
order
punitive
damages,
34
reasonable
attorney
fees,
and
court
costs.
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The
attorney
general
shall
adopt
rules
to
administer
the
1
bill,
including
but
not
limited
to
rules
to
establish
the
2
processes
or
means
by
which
a
company
can
comply
with
the
3
parental
authorization
requirements,
acceptable
forms
or
4
methods
of
parental
authorization,
and
the
processes
to
confirm
5
that
a
company
has
received
parental
authorization
for
each
6
minor
that
has
created
an
account
on
the
platform.
7
The
bill
applies
to
a
company
operating
in
the
state
on
or
8
after
the
effective
date
of
the
bill.
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