Bill Text: IA HF288 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to requirements for specific digital content-blocking capabilities on devices manufactured, distributed, leased, or sold and services distributed, leased, or sold in the state that make the internet accessible, and the collection and remittance of fees for certain related activities, providing for criminal penalties and civil liability for certain violations, and including applicability provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-12-31 - END OF [] ACTIONS [HF288 Detail]
Download: Iowa-2021-HF288-Introduced.html
House
File
288
-
Introduced
HOUSE
FILE
288
BY
SALMON
A
BILL
FOR
An
Act
relating
to
requirements
for
specific
digital
1
content-blocking
capabilities
on
devices
manufactured,
2
distributed,
leased,
or
sold
and
services
distributed,
3
leased,
or
sold
in
the
state
that
make
the
internet
4
accessible,
and
the
collection
and
remittance
of
fees
for
5
certain
related
activities,
providing
for
criminal
penalties
6
and
civil
liability
for
certain
violations,
and
including
7
applicability
provisions.
8
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
9
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Section
1.
NEW
SECTION
.
710B.1
Short
title.
1
This
chapter
shall
be
known
and
may
be
cited
as
the
2
“Modernization
Decency
Act”
.
3
Sec.
2.
NEW
SECTION
.
710B.2
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Adult
live
entertainment
establishment”
means
a
place
7
of
business
where
commercial
sexual
activity,
full
or
partial
8
nudity,
sex
acts,
or
sexually
explicit
performances
may
be
9
available
for
viewing
by
patrons
of
the
establishment.
10
2.
“Algorithm”
means
a
process
or
set
of
rules
to
be
11
followed
in
calculations
or
other
problem-solving
operations,
12
especially
by
a
computer.
13
3.
“Child
pornography”
means
the
same
as
defined
in
18
14
U.S.C.
§2256(8).
15
4.
“Commercial
sexual
activity”
means
the
same
as
defined
16
in
section
710A.1.
17
5.
“Computer”
means
the
same
as
defined
in
18
U.S.C.
§1030
18
(e)(1).
19
6.
“Consumer”
means
an
individual
who
purchases
or
leases
a
20
device
or
purchases
or
leases
a
service
that
makes
the
internet
21
accessible
from
a
person
in
this
state
that
manufactures,
22
distributes,
leases,
or
sells
such
a
device
or
distributes,
23
leases,
or
sells
such
a
service.
24
7.
“Digital
content-blocking
capability”
means
hardware
25
or
software
that
restricts
or
blocks
internet
access
to
26
internet-based
sites
and
internet-hosted
content
based
on
the
27
specific
internet
site
or
the
category
or
type
of
content
of
28
the
internet-hosted
content.
29
8.
“Disseminate”
means
the
same
as
defined
in
section
728.1.
30
9.
“Facilitate”
means
to
enable
or
to
advance.
31
10.
“Full
or
partial
nudity”
means
the
same
as
defined
in
32
section
708.7.
33
11.
“Human
trafficking”
means
the
same
as
defined
in
section
34
710A.1.
35
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12.
“Knowingly”
means
the
same
as
defined
in
section
728.1.
1
13.
“Minor”
means
the
same
as
defined
in
section
728.1.
2
14.
“Nongovernmental”
means
a
charitable
organization
under
3
section
501(c)(3)
of
the
Internal
Revenue
Code
that
has
as
4
the
organization’s
primary
purpose
ending
sexual
violence
in
5
the
state.
The
organization
may
be
involved
with
programs
6
for
the
prevention
of
sexual
violence,
or
providing
technical
7
assistance
and
support
to
youth
and
rape
crisis
centers.
8
15.
“Obscene
material”
means
the
same
as
defined
in
section
9
728.1.
10
16.
“Personal
identifying
information”
means
an
unexpired
11
student
identification
card,
a
valid
social
security
card,
12
an
unexpired
driver’s
license,
an
unexpired
nonoperator’s
13
identification
card,
an
unexpired
passport,
a
certified
copy
14
of
a
birth
certificate,
or
other
valid,
unexpired
proof
of
15
identity.
16
17.
“Photograph
or
film”
means
the
same
as
defined
in
17
section
708.7.
18
18.
“Place
of
business”
means
the
same
as
defined
in
section
19
728.1.
20
19.
“Political
speech”
means
speech
relating
to
social
21
issues
or
to
federal,
state,
or
local
government.
22
20.
“Prostitution”
means
the
same
as
described
in
section
23
725.1.
24
21.
“Religious
speech”
means
speech
related
to
an
25
individual’s
sincerely
held
religious,
ethical,
or
moral
26
beliefs.
27
22.
“Revenge
pornography”
means
a
photograph
or
film
28
showing
another
person
in
a
state
of
full
or
partial
nudity
or
29
engaged
in
a
sex
act
that
has
been
disseminated,
published,
30
distributed,
or
posted
without
the
consent
of
the
person
in
the
31
photograph
or
film.
32
23.
“Sex
act”
means
the
same
as
defined
in
section
702.17.
33
24.
“Sexually
explicit
performance”
means
the
same
as
34
defined
in
section
710A.1.
35
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25.
“
Social
media
internet
site”
means
an
internet
site
or
1
internet-based
application
that
allows
a
user
of
the
internet
2
site
or
of
the
internet-based
application
to
communicate
with
3
other
users
of
the
internet
site
or
of
the
internet-based
4
application
via
community-based
input,
interaction,
5
content-sharing,
or
collaboration,
and
the
internet
site
or
6
the
internet-based
application
meets
all
of
the
following
7
requirements:
8
a.
Is
owned
or
operated
by
a
person
in
this
state.
9
b.
Is
available
for
use
by
the
general
public.
10
c.
Has
more
than
seventy-five
million
registered
users.
11
d.
Has
not
been
specifically
affiliated
with
any
one
12
religion
or
any
one
political
party
since
the
internet
site
13
or
internet-based
application
became
available
to
the
general
14
public.
15
e.
Has
a
policy
and
procedure
for
users
to
report
obscene
16
material
and
for
the
removal
of
user
reported
obscene
material
17
from
the
internet
site
or
the
internet-based
application.
18
26.
“User”
means
a
natural
person
who
utilizes
or
makes
use
19
of
a
social
media
internet
site.
20
Sec.
3.
NEW
SECTION
.
710B.3
Digital
content-blocking
21
capability
requirements.
22
A
person
in
this
state
that
manufactures,
distributes,
23
leases,
or
sells
a
device
or
that
distributes,
leases,
or
sells
24
a
service
that
makes
the
internet
accessible
to
a
consumer
25
shall
not
manufacture,
distribute,
lease,
or
sell
the
device
or
26
distribute,
lease,
or
sell
the
service
without
an
active
and
27
operating
digital
content-blocking
capability
that
blocks
all
28
internet
sites
that
contain
any
of
the
following:
29
1.
Obscene
material.
30
2.
Revenge
pornography.
31
3.
Sexual
exploitation
of
a
minor
as
described
in
section
32
728.12.
33
4.
Promotion
or
facilitation
of
prostitution.
34
5.
Promotion
or
facilitation
of
human
trafficking.
35
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6.
Child
pornography.
1
Sec.
4.
NEW
SECTION
.
710B.4
Duty
to
maintain
appropriate
2
functioning
of
digital
content-blocking
capabilities.
3
A
person
in
this
state
that
manufactures,
distributes,
4
leases,
or
sells
a
device
or
that
distributes,
leases,
or
sells
5
a
service
that
makes
the
internet
accessible
to
a
consumer
of
6
the
device
or
service
shall
do
all
of
the
following:
7
1.
Make
reasonable
and
ongoing
efforts
to
ensure
proper
8
functioning
of
the
digital
content-blocking
capability
in
all
9
devices
manufactured,
distributed,
leased,
or
sold
and
in
all
10
services
distributed,
leased,
or
sold.
11
2.
Provide
routine
digital
content-blocking
updates
to
12
a
consumer
who
has
purchased
or
leased
a
device
or
service
13
containing
digital
content-blocking
to
ensure
the
ongoing
14
quality
and
performance
of
the
digital
content-blocking.
15
3.
Establish
a
telephone
call
center
or
internet
16
site
for
a
consumer
to
report
a
failure
of
the
digital
17
content-blocking
requirements
of
this
chapter
or
to
report
18
digital
content-blocking
of
an
internet
site
not
subject
to
the
19
requirements
of
section
710B.3.
20
4.
Report
any
reports
of
child
pornography
received
through
21
a
telephone
call
center
or
internet
site
to
the
national
center
22
for
missing
and
exploited
children
cybertipline.
23
5.
Investigate
a
consumer’s
report
of
a
violation
of
24
this
chapter
and
provide
the
consumer
an
appropriate
digital
25
content-blocking
update
within
thirty
days
of
the
consumer’s
26
initial
report
if
a
violation
of
section
710B.3
has
occurred.
27
6.
Investigate
a
consumer’s
initial
report
of
digital
28
content-blocking
of
an
internet
site
not
subject
to
the
29
requirements
of
section
710B.3
and,
if
appropriate,
enable
the
30
consumer’s
access
to
the
internet
site
within
thirty
days
of
31
the
consumer’s
initial
report.
32
Sec.
5.
NEW
SECTION
.
710B.5
Prohibition
on
digital
33
content-blocking
of
certain
internet
sites.
34
A
person
in
this
state
that
manufactures,
distributes,
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leases,
or
sells
a
device
or
that
distributes,
leases,
or
sells
1
a
service
that
makes
the
internet
accessible
to
a
consumer
of
2
the
device
or
service
shall
not
use
digital
content-blocking
3
on
any
such
device
or
service
to
make
any
of
the
following
4
internet
sites
inaccessible:
5
1.
A
social
media
internet
site.
6
2.
An
internet
site
not
specified
in
section
710B.3.
7
3.
An
internet
site
that
has
the
primary
function
of
serving
8
as
a
search
engine.
9
4.
An
internet
site
that
makes
movies
available
that
are
10
rated
restricted
or
below
by
the
classification
and
ratings
11
administration
of
the
motion
picture
association
of
America.
12
Sec.
6.
NEW
SECTION
.
710B.6
Restrictions
on
deactivation
of
13
digital
content-blocking
capability.
14
1.
A
person
in
this
state
that
manufactures,
distributes,
15
leases,
or
sells
a
device
or
that
distributes,
leases,
or
16
sells
a
service
that
makes
the
internet
accessible
shall
not
17
share,
sell,
or
distribute
a
method,
source
code,
or
any
18
other
instruction
to
deactivate
the
digital
content-blocking
19
capability
of
the
device
or
service
unless
all
of
the
following
20
apply:
21
a.
A
consumer
who
purchased
the
device
or
service
submits
a
22
written
request
for
deactivation.
23
b.
The
consumer
provides
personal
identifying
information
24
that
proves
the
consumer
is
eighteen
years
of
age
or
older.
25
c.
The
manufacturer,
distributor,
lessor,
or
seller
of
the
26
device
or
the
distributor,
lessor,
or
seller
of
the
service
27
provides
the
consumer
with
a
written
warning
that
outlines
the
28
dangers
of
deactivation.
The
attorney
general
shall
adopt
by
29
rule
pursuant
to
chapter
17A
a
written
warning
which
may
be
30
used
in
substantial
form
by
any
person
required
to
provide
the
31
written
warning
to
a
consumer
as
provided
in
this
paragraph.
32
d.
The
consumer
signs
an
acknowledgment
that
a
written
33
warning
has
been
provided.
34
e.
The
consumer
pays
a
one-time
twenty
dollar
deactivation
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fee
to
be
deposited
into
the
human
trafficking
and
child
1
exploitation
prevention
fund
established
pursuant
to
section
2
710B.7.
3
2.
A
person
in
this
state
that
manufactures,
distributes,
4
leases,
or
sells
a
device
or
that
distributes,
leases,
or
sells
5
a
service
that
makes
the
internet
accessible
to
a
consumer
6
may
charge
the
consumer
an
additional
fee
in
order
for
the
7
manufacturer,
distributor,
lessor,
or
seller
to
deactivate
the
8
digital
content-blocking
capability
of
the
device
or
service.
9
The
fee
must
be
reasonable
and
the
manufacturer,
distributor,
10
lessor,
or
seller
may
retain
the
fee.
11
Sec.
7.
NEW
SECTION
.
710B.7
Human
trafficking
and
child
12
exploitation
prevention
fund.
13
1.
A
manufacturer,
distributor,
lessor,
or
seller
of
14
a
device
or
a
distributor,
lessor,
or
seller
of
a
service
15
that
makes
the
internet
accessible
shall
annually
remit
all
16
deactivation
fees
collected
under
section
710B.6,
subsection
17
1,
paragraph
“e”
,
to
the
treasurer
of
state
in
the
manner
18
prescribed
by
the
treasurer
of
state.
19
2.
An
adult
live
entertainment
establishment
shall
remit
20
all
adult
live
entertainment
establishment
fees
collected
21
pursuant
to
section
710B.10
to
the
treasurer
of
state
in
the
22
manner
prescribed
by
the
treasurer
of
state.
23
3.
The
treasurer
of
state
shall
adopt
rules
pursuant
to
24
chapter
17A
to
administer
subsections
1
and
2.
25
4.
A
human
trafficking
and
child
exploitation
prevention
26
fund
is
created
in
the
state
treasury
as
a
separate
fund
under
27
the
control
of
the
department
of
justice.
All
moneys
deposited
28
or
paid
into
the
fund
pursuant
to
subsections
1
and
2,
and
29
all
gifts,
grants,
donations,
and
bequests
deposited
into
the
30
fund,
are
appropriated
and
made
available
to
the
department
31
of
justice
to
be
used
for
administration
of
the
fund
and
to
32
provide
grants
to
governmental
and
nongovernmental
entities
33
and
individuals
involved
with
upholding
community
standards
of
34
decency,
strengthening
families,
or
developing,
expanding,
or
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strengthening
programs
for
child
victims
of
human
trafficking,
1
to
be
used
for
any
of
the
following:
2
a.
Rape
kit
testing.
3
b.
Physical
and
mental
health
services.
4
c.
Temporary
and
permanent
housing
or
shelter.
5
d.
Employment,
education,
and
job
training.
6
e.
Training
first
responders
and
educational
campaigns
for
7
the
public
to
increase
awareness
to
prevent,
and
to
protect
8
victims
of,
human
trafficking,
domestic
violence,
prostitution,
9
child
abuse,
and
rape.
10
f.
Medical
examination
costs
pursuant
to
section
915.41.
11
g.
The
department
of
justice’s
prosecutor-based
victim
12
service
coordination,
including
the
duties
defined
in
sections
13
910.3
and
910.6.
14
h.
Awarding
funds
to
programs
that
provide
services
and
15
support
to
victims
of
domestic
abuse
pursuant
to
chapter
236.
16
i.
Victims
of
sexual
abuse
as
provided
in
chapter
236A.
17
j.
Reimbursement
to
the
Iowa
law
enforcement
academy
for
18
domestic
abuse
and
human
trafficking
training.
19
k.
Support
of
an
automated
victim
notification
system
20
pursuant
to
section
915.10A.
21
l.
Training
for
victim
service
providers.
22
m.
Victim
service
programming.
23
n.
Training
concerning
homicide,
domestic
assault,
sexual
24
assault,
stalking,
and
harassment.
25
o.
To
conduct
outreach,
public
awareness,
and
training
on
26
human
trafficking
pursuant
to
section
710A.6.
27
p.
To
support
technology
in
rape
crisis
centers.
28
q.
Family
counseling.
29
r.
Creative
arts
that
do
not
contain
or
promote
obscene
30
material.
31
s.
Support
of
the
office
to
combat
human
trafficking
32
established
pursuant
to
section
80.45.
33
t.
State
agency
support
programs
assisting
victims
of
human
34
trafficking.
35
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u.
Support
of
the
state’s
initiatives
on
human
trafficking,
1
programs
upholding
community
standards
of
decency,
and
state
2
security.
3
v.
Human
trafficking
enforcement
programs.
4
5.
Interest
on
the
fund
shall
be
deposited
into
the
fund.
5
A
portion
of
the
interest
in
the
fund,
not
to
exceed
fifteen
6
percent
of
the
total
interest
accrued,
shall
be
used
for
7
administration
of
the
fund.
8
6.
Notwithstanding
section
8.33,
any
balance
in
the
fund
on
9
June
30
of
any
fiscal
year
shall
not
revert
to
the
general
fund
10
of
the
state.
11
7.
On
or
before
February
15,
the
attorney
general
shall
12
submit
an
annual
report
to
the
general
assembly
that
includes
13
all
of
the
following
information
as
related
to
the
fund:
14
a.
The
total
amount
of
deactivation
fees
deposited
into
the
15
fund
pursuant
to
subsection
1.
16
b.
The
total
amount
of
adult
live
entertainment
17
establishment
fees
deposited
into
the
fund
pursuant
to
18
subsection
2.
19
c.
Each
recipient
of
a
grant
from
the
fund
and
the
purpose
20
of
each
grant.
21
Sec.
8.
NEW
SECTION
.
710B.8
Criminal
liability.
22
1.
A
person
in
this
state
that
knowingly
manufactures,
23
distributes,
leases,
or
sells
a
device
or
that
knowingly
24
distributes,
leases,
or
sells
a
service
that
makes
the
internet
25
accessible
and
that
is
in
violation
of
section
710B.3
or
710B.6
26
shall
be
subject
to
a
scheduled
violation
of
one
thousand
27
dollars
for
a
first
offense
and
two
thousand
five
hundred
28
dollars
for
a
second
offense.
29
2.
A
person
in
this
state
that
knowingly
manufactures,
30
distributes,
leases,
or
sells
a
device
or
that
knowingly
31
distributes,
leases,
or
sells
a
service
that
makes
the
internet
32
accessible
and
that
is
in
violation
of
section
710B.3
or
710B.6
33
three
or
more
times
commits
a
simple
misdemeanor.
34
3.
A
person
in
this
state
that
knowingly
manufactures,
35
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distributes,
leases,
or
sells
a
device
or
that
knowingly
1
distributes,
leases,
or
sells
a
service
that
makes
the
internet
2
accessible
and
that
violates
section
710B.3
or
710B.6
commits
3
an
unfair
or
deceptive
trade
practice
in
violation
of
section
4
714.16,
subsection
2,
paragraph
“a”
.
5
4.
The
affirmative
defense
specified
in
section
728.10
6
shall
apply
to
this
section.
7
Sec.
9.
NEW
SECTION
.
710B.9
Civil
cause
of
action
and
8
injunctive
relief.
9
1.
A
consumer
who
purchases
a
device
or
service
from
a
10
person
in
this
state
that
manufactures,
distributes,
leases,
11
or
sells
a
device
or
that
distributes,
leases,
or
sells
a
12
service
that
makes
the
internet
accessible
may
bring
a
civil
13
action
seeking
relief
and
recover
up
to
five
hundred
dollars
in
14
damages
per
reported
failure
plus
reasonable
attorney
fees
and
15
court
costs
if
the
person’s
violation
is
substantiated
pursuant
16
to
an
investigation
conducted
under
section
710B.4,
subsection
17
5.
18
2.
The
attorney
general
or
county
attorney
may
seek
19
injunctive
relief
if
a
person
in
this
state
that
manufactures,
20
distributes,
leases,
or
sells
a
device
or
that
distributes,
21
leases,
or
sells
a
service
that
makes
the
internet
accessible
22
to
a
consumer
of
the
device
or
service
violates
section
710B.3
23
or
710B.4.
24
3.
It
shall
be
an
affirmative
defense
in
a
civil
action
25
pursuant
to
this
section
that
a
consumer
purchased
or
leased
26
a
device
or
service
that
makes
the
internet
accessible
from
a
27
person
in
this
state
that
manufactures,
distributes,
leases,
28
or
sells
such
a
device
or
that
distributes,
leases,
or
sells
29
such
a
service,
and
the
device
or
service
did
not
digitally
30
block
content
pursuant
to
the
requirements
of
section
710B.3
31
because
the
internet
site
that
is
not
blocked
is
the
registered
32
domain
of
an
institution
or
organization
that
has
a
scientific,
33
educational,
artistic,
literary,
or
similar
justification
for
34
making
the
content
specified
in
section
710B.3
accessible.
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Sec.
10.
NEW
SECTION
.
710B.10
Adult
live
entertainment
1
establishment
fee.
2
1.
Each
adult
live
entertainment
establishment
located
in
3
the
state
shall
collect
a
five
dollar
fee
from
each
individual
4
allowed
entry
into
the
establishment
for
purposes
of
adult
live
5
entertainment.
6
2.
All
fees
collected
pursuant
to
subsection
1
shall
be
7
deposited
into
the
human
trafficking
and
child
exploitation
8
prevention
fund
pursuant
to
section
710B.7,
subsection
2.
9
3.
The
director
of
revenue
shall
adopt
rules
pursuant
to
10
chapter
17A
to
administer
this
section.
11
Sec.
11.
NEW
SECTION
.
710B.11
Applicability.
12
1.
The
sections
of
this
Act
relating
to
persons
in
this
13
state
that
manufacture,
distribute,
lease,
or
sell
a
device
14
or
that
distribute,
lease,
or
sell
a
service
that
makes
the
15
internet
accessible
to
a
consumer
apply
to
a
person
in
this
16
state
that
manufactures,
distributes,
leases,
or
sells
the
17
device
or
that
distributes,
leases,
or
sells
a
service
on
or
18
after
the
effective
date
of
this
Act.
19
2.
The
sections
of
this
Act
relating
to
persons
in
this
20
state
that
manufacture,
distribute,
lease,
or
sell
a
device
21
or
that
distribute,
lease,
or
sell
a
service
that
makes
the
22
internet
accessible
to
a
consumer
do
not
apply
to
a
person
in
23
this
state
that
manufactures,
distributes,
leases,
or
sells
a
24
device
or
that
distributes,
leases,
or
sells
a
service
that
25
makes
the
internet
accessible
to
a
consumer
if
the
device
or
26
service
was
produced,
sold,
leased,
or
purchased
prior
to
the
27
effective
date
of
this
Act.
28
3.
The
sections
of
this
Act
relating
to
persons
in
this
29
state
that
manufacture,
distribute,
lease,
or
sell
a
device
30
or
that
distribute,
lease,
or
sell
a
service
that
makes
the
31
internet
accessible
to
a
consumer
do
not
apply
to
any
of
the
32
following:
33
a.
The
sale
of
a
device
or
service
that
makes
the
internet
34
accessible
to
a
consumer
by
a
person
that
is
not
regularly
35
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engaged
in
the
business
of
selling
devices
or
services
that
1
make
the
internet
accessible.
2
b.
The
owner
or
operator
of
an
independent
third-party
3
router
that
is
not
affiliated
with
an
internet
service
4
provider.
5
c.
A
person
that
is
not
subject
to
the
jurisdiction
of
the
6
state
that
manufactures,
distributes,
leases,
or
sells
a
device
7
or
that
distributes,
leases,
or
sells
a
service
that
makes
the
8
internet
accessible
to
a
consumer.
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
requirements
for
specific
digital
13
content-blocking
capabilities
on
devices
manufactured,
14
distributed,
leased,
or
sold
and
services
distributed,
leased,
15
or
sold
in
the
state
that
make
the
internet
accessible,
the
16
prohibition
of
certain
restrictions
on
specific
types
of
17
speech
on
social
media
internet
sites,
and
the
collection
and
18
remittance
of
fees
for
certain
activities,
and
provides
for
19
criminal
and
civil
liability.
20
The
bill
prohibits
a
person
that
manufactures,
distributes,
21
leases,
or
sells
a
device
or
that
distributes,
leases,
or
sells
22
a
service
from
manufacturing,
distributing,
leasing,
or
selling
23
the
device
or
that
distributes,
leases,
or
sells
the
service
24
without
an
active
and
operating
digital
content-blocking
25
capability
that
blocks
any
internet
site
that
contains
material
26
that
is
obscene,
constitutes
sexual
exploitation
of
a
minor,
27
promotes
or
facilitates
prostitution,
promotes
or
facilitates
28
human
trafficking,
contains
child
pornography,
or
contains
29
revenge
pornography.
30
The
bill
requires
such
a
person
to
make
reasonable
and
31
ongoing
efforts
to
ensure
proper
functioning
of
the
digital
32
content-blocking
capability,
to
provide
routine
updates
for
the
33
digital
content-blocking
to
a
consumer
who
has
purchased
or
34
leased
a
device
or
service
containing
digital
content-blocking,
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to
establish
a
call
center
or
internet
site
that
allows
1
consumers
to
report
a
failure
of
the
digital
content-blocking
2
or
to
report
digital
content-blocking
of
an
internet
site
that
3
is
not
required
to
be
blocked.
In
addition,
such
a
person
4
is
required
to
investigate
a
consumer’s
report
of
a
failure
5
to
comply
with
the
bill,
provide
the
consumer
an
appropriate
6
update
of
the
digital
content-blocking
capability
within
30
7
days
of
the
consumer’s
initial
report,
investigate
any
consumer
8
report
of
digital
content-blocking
of
an
internet
site
that
9
is
not
required
to
be
blocked,
and
if
appropriate,
enable
the
10
consumer’s
access
to
the
incorrectly
blocked
internet
site
11
within
30
days
of
the
consumer’s
initial
report.
12
The
bill
prohibits
digital
content-blocking
of
social
media
13
internet
sites
that
have
existing
processes
to
manage
consumer
14
complaints
or
digital
content-blocking
of
any
internet
site
15
that
does
not
contain
the
following
material:
1)
obscene
16
material,
2)
revenge
pornography,
3)
sexual
exploitation
17
of
a
minor,
4)
child
pornography,
or
5)
the
promotion
or
18
facilitation
of
prostitution
or
human
trafficking.
The
bill
19
also
prohibits
digital
content-blocking
of
an
internet
site
20
that
has
the
primary
function
of
serving
as
a
search
engine
or
21
an
internet
site
that
makes
movies
available
that
are
rated
22
restricted
or
below.
23
The
bill
prohibits
a
manufacturer,
distributor,
lessor,
24
or
seller
from
sharing,
selling,
or
distributing
a
method,
25
source
code,
or
any
other
instruction
to
deactivate
a
digital
26
content-blocking
capability
unless
a
consumer
who
purchases
a
27
product
submits
a
written
request
for
deactivation,
provides
28
proof
the
consumer
is
age
18
or
older,
signs
an
acknowledgment
29
that
a
written
warning
outlining
the
dangers
of
deactivation
30
has
been
provided
by
the
manufacturer,
distributor,
lessor,
31
or
seller,
and
pays
a
one-time
$20
deactivation
fee.
The
32
bill
also
allows
a
manufacturer,
distributor,
lessor,
or
a
33
seller
to
charge
a
consumer
an
additional
fee
in
order
for
the
34
manufacturer,
distributor,
lessor,
or
seller
to
deactivate
the
35
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digital
content-blocking
capability
of
the
product.
The
fee
1
must
be
reasonable
and
the
manufacturer,
distributor,
lessor,
2
or
seller
may
retain
the
fee.
3
The
manufacturer,
distributor,
lessor,
or
seller
must
4
annually
remit
all
deactivation
fees
that
are
collected
to
5
the
treasurer
of
state.
The
treasurer
of
state
shall
deposit
6
all
deactivation
fees
received
into
the
human
trafficking
and
7
child
exploitation
prevention
fund
established
in
the
bill.
8
All
moneys
deposited
or
paid
into
the
fund
are
appropriated
9
and
made
available
to
the
department
of
justice
to
be
used
to
10
provide
grants
to
governmental
and
nongovernmental
entities
11
and
individuals
involved
with
upholding
community
standards
of
12
decency,
strengthening
families,
or
developing,
expanding,
or
13
strengthening
programs
for
child
victims
of
human
trafficking
14
to
be
used
for
any
of
the
purposes
specified
in
the
bill.
15
A
person
in
this
state
that
knowingly
manufactures,
16
distributes,
leases,
or
sells
a
device
or
that
knowingly
17
distributes,
leases,
or
sells
a
service
that
makes
the
internet
18
accessible
and
that
violates
a
provision
of
the
bill
related
to
19
digital
content-blocking
is
subject
to
a
scheduled
violation
20
of
$1,000
for
a
first
offense
and
$2,500
for
a
second
offense,
21
and
commits
a
simple
misdemeanor
if
the
person
commits
three
or
22
more
offenses.
A
person
also
commits
an
unfair
or
deceptive
23
trade
practice
by
violating
a
provision
of
the
bill
related
to
24
digital
content-blocking.
25
The
bill
provides
for
a
civil
cause
of
action
if
a
person
26
that
manufactures,
distributes,
leases,
or
sells
a
device
27
or
that
distributes,
leases,
or
sells
a
service
that
makes
28
the
internet
accessible
does
not
respond
appropriately
to
a
29
consumer’s
report
of
a
failure
of
the
digital
content-blocking
30
capability
requirement.
A
consumer
that
purchased
the
product
31
may
bring
a
civil
action
seeking
relief
and
recover
up
to
$500
32
in
damages
per
reported
failure,
plus
reasonable
attorney
fees
33
and
court
costs.
The
attorney
general
or
county
attorney
may
34
seek
injunctive
relief
if
devices
or
services
are
sold
or
35
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leased
without
the
required
digital
content-blocking
or
the
1
manufacturer,
distributor,
or
if
a
seller
fails
to
maintain
the
2
digital
content-blocking
capabilities
or
fails
to
respond
as
3
required
to
a
consumer
complaint.
4
It
is
an
affirmative
defense
in
a
civil
action
asserting
5
that
a
consumer
purchased
a
device
or
service
that
makes
6
the
internet
accessible
from
a
person
in
this
state
that
7
manufactures,
distributes,
leases,
or
sells
such
a
device
or
8
that
distributes,
leases,
or
sells
such
a
service
that
the
9
device
or
service
did
not
digitally
block
content
as
required
10
by
the
bill
or
that
the
internet
site
that
is
not
blocked
is
11
the
registered
domain
of
an
institution
or
organization
that
12
has
a
scientific,
educational,
artistic,
literary,
or
similar
13
justification
for
making
the
content
accessible.
14
The
bill
requires
each
adult
live
entertainment
15
establishment
located
in
the
state
to
collect
a
$5
fee
16
from
each
individual
allowed
entry
into
the
establishment
17
for
purposes
of
adult
live
entertainment.
“Adult
live
18
entertainment
establishment”
is
defined
in
the
bill
as
a
place
19
of
business
where
commercial
sexual
activity,
full
or
partial
20
nudity,
sex
acts,
or
sexually
explicit
performances
may
be
21
available
for
viewing
by
patrons
of
the
establishment.
All
of
22
the
collected
fees
must
be
deposited
in
the
human
trafficking
23
and
child
exploitation
prevention
fund.
The
director
of
24
revenue
is
required
to
adopt
rules
to
administer
the
collection
25
and
deposit
of
such
fees.
26
The
sections
of
the
bill
relating
to
persons
in
this
state
27
that
manufacture,
distribute,
lease,
or
sell
a
device
or
that
28
distribute,
lease,
or
sell
a
service
that
makes
the
internet
29
accessible
to
a
consumer
apply
to
a
person
in
this
state
that
30
manufactures,
distributes,
leases,
or
sells
such
a
device
or
31
that
distributes,
leases,
or
sells
such
a
service
on
or
after
32
the
effective
date
of
the
bill.
33
The
sections
of
the
bill
relating
to
persons
in
this
state
34
that
manufacture,
distribute,
lease,
or
sell
a
device
or
that
35
-14-
LSB
1139YH
(3)
89
ko/rh
14/
15
H.F.
288
distribute,
lease,
or
sell
a
service
that
makes
the
internet
1
accessible
to
a
consumer
do
not
apply
to
a
person
in
this
state
2
that
manufactures,
distributes,
leases,
or
sells
a
device
or
3
that
distributes,
leases,
or
sells
a
service
that
makes
the
4
internet
accessible
to
a
consumer
if
the
device
or
service
was
5
produced,
sold,
leased,
or
purchased
prior
to
the
effective
6
date
of
the
bill.
7
The
sections
of
the
bill
relating
to
persons
in
this
state
8
that
manufacture,
distribute,
lease,
or
sell
a
device
or
that
9
distribute,
lease,
or
sell
a
service
that
makes
the
internet
10
accessible
to
a
consumer
do
not
apply
to
the
sale
of
a
device
11
or
service
that
makes
the
internet
accessible
to
a
consumer
12
by
a
person
that
is
not
regularly
engaged
in
the
business
of
13
selling
devices
or
services
that
make
the
internet
accessible,
14
the
owner
or
operator
of
an
independent
third-party
router
15
that
is
not
affiliated
with
an
internet
service
provider,
or
16
a
person
that
is
not
subject
to
the
jurisdiction
of
the
state
17
that
manufactures,
distributes,
leases,
or
sells
a
device
or
18
that
distributes,
leases,
or
sells
a
service
that
makes
the
19
internet
accessible
to
a
consumer.
20
-15-
LSB
1139YH
(3)
89
ko/rh
15/
15
