Bill Text: IA SF2213 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to minors using mobile devices, including protections for minors and civil liability.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-02-07 - Subcommittee: Koelker, Bennett, and Webster. S.J. 238. [SF2213 Detail]
Download: Iowa-2023-SF2213-Introduced.html
Senate
File
2213
-
Introduced
SENATE
FILE
2213
BY
SALMON
A
BILL
FOR
An
Act
relating
to
minors
using
mobile
devices,
including
1
protections
for
minors
and
civil
liability.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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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
the
same
as
defined
in
section
728.1.
29
7.
“Obscene”
means
the
same
as
“obscene
material”
as
defined
30
in
section
728.1.
31
8.
“Password”
means
a
string
of
characters
or
other
secure
32
method
used
to
enable,
deactivate,
modify,
or
uninstall
a
33
filter
on
a
device.
34
9.
“Reasonable
age
verification
measures”
means
any
of
the
35
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following:
1
a.
State-issued
driver’s
license.
2
b.
State-issued
identification.
3
c.
Government
identification
card.
4
d.
Military
identification
card.
5
e.
Credit
cards,
not
including
cards
that
do
not
require
the
6
individual
in
ownership
of
the
account
to
be
eighteen
years
of
7
age
or
older.
8
f.
Debit
cards,
not
including
cards
that
do
not
require
the
9
individual
in
ownership
of
the
account
to
be
eighteen
years
of
10
age
or
older.
11
g.
Bank
account
information.
12
h.
Any
other
means
or
method
that
reliably
and
accurately
13
can
determine
a
user
of
a
covered
platform
is
a
minor
and
14
prevent
access
by
minors
to
the
content
on
a
covered
platform.
15
10.
“Smartphone”
means
an
electronic
device
that
combines
16
a
cell
phone
with
a
hand-held
computer,
typically
offering
17
internet
access
through
a
browser
or
search
engine,
data
18
storage,
text,
and
electronic
mail
capabilities.
19
11.
“Tablet”
means
an
internet-ready
device
equipped
with
an
20
operating
system,
touchscreen
display,
rechargeable
battery,
21
and
the
ability
to
support
access
to
a
cellular
network.
22
Sec.
2.
NEW
SECTION
.
554H.2
Filter
required.
23
All
devices
activated
in
the
state
must
do
all
of
the
24
following:
25
1.
Contain
a
filter.
26
2.
Determine
the
age
of
the
user
during
activation
and
27
account
setup.
28
3.
Automatically
activate
the
age
verification
filter
for
29
minor
users.
30
4.
Allow
a
password
to
be
established
for
the
filter.
31
5.
Notify
the
user
of
the
device
when
the
filter
blocks
the
32
device
from
accessing
a
website.
33
6.
Give
the
user
with
a
password
the
opportunity
to
34
deactivate
and
reactivate
the
filter.
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Sec.
3.
NEW
SECTION
.
554H.3
Manufacturer
liability.
1
1.
A
manufacturer
of
a
device
shall
be
subject
to
civil
2
liability
under
this
chapter
if
all
of
the
following
are
true:
3
a.
The
device
is
activated
in
this
state.
4
b.
The
device
does
not,
upon
activation,
enable
a
filter
5
that
complies
with
the
requirements
described
in
section
6
554H.2.
7
c.
A
minor
accesses
material
that
is
obscene
on
the
device.
8
2.
Notwithstanding
subsection
1,
a
manufacturer
that
makes
9
a
good
faith
effort
to
provide
a
device
that,
upon
activation
10
of
the
device
in
this
state,
automatically
enables
a
generally
11
accepted
and
commercially
reasonable
filter
that
blocks
obscene
12
content
on
all
internet
browsers
or
search
engines
accessed
on
13
the
device
shall
not
be
civilly
liable
under
this
chapter.
14
3.
This
chapter
shall
not
be
construed
to
create
a
cause
of
15
action
against
the
retailer
of
a
device.
16
Sec.
4.
NEW
SECTION
.
554H.4
Individual
liability.
17
With
the
exception
of
the
minor’s
parent
or
legal
guardian,
18
any
person
may
be
liable
in
a
civil
action
for
enabling
the
19
password
to
remove
the
filter
on
a
device
in
the
possession
of
20
the
minor
if
the
minor
accesses
obscene
material
on
the
device.
21
Sec.
5.
NEW
SECTION
.
554H.5
Proceedings
by
the
attorney
22
general.
23
1.
Whenever
the
attorney
general
has
reason
to
believe
24
that
a
person
violated
or
is
violating
the
provisions
of
this
25
chapter,
the
attorney
general,
acting
in
the
public
interest,
26
may
bring
an
action
in
the
name
of
the
state
against
such
27
person
to
do
any
of
the
following:
28
a.
To
enjoin
any
action
that
constitutes
a
violation
of
this
29
chapter
by
the
issuance
of
a
temporary
restraining
order
or
30
preliminary
or
permanent
injunction.
31
b.
To
recover
from
the
alleged
violator
a
civil
penalty
32
not
to
exceed
five
thousand
dollars
per
violation,
and
not
33
to
exceed
a
total
of
fifty
thousand
dollars
in
aggregate,
as
34
determined
by
the
court.
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c.
To
recover
from
the
alleged
violator
the
attorney
1
general’s
reasonable
expenses,
investigative
costs,
and
2
attorney
fees.
3
d.
To
obtain
other
appropriate
relief
as
provided
for
under
4
this
chapter.
5
2.
The
attorney
general,
in
addition
to
other
powers
6
conferred
by
this
chapter,
may
issue
subpoenas
to
any
person
7
and
conduct
hearings
in
aid
of
any
investigation
or
inquiry.
8
3.
The
attorney
general
may
seek
the
revocation
of
any
9
license
or
certificate
authorizing
a
manufacturer
to
engage
in
10
business
in
this
state.
11
4.
For
purposes
of
assessing
a
penalty
under
this
section,
12
a
manufacturer
is
considered
to
have
committed
a
separate
13
violation
for
each
device
manufactured
on
or
after
January
1,
14
2025,
that
violates
the
provisions
of
section
554H.3.
15
Sec.
6.
NEW
SECTION
.
554H.6
Civil
action
by
parents
or
16
legal
guardians.
17
1.
Any
parent
or
legal
guardian
of
a
minor
that
accesses
18
obscene
content
in
violation
of
section
554H.2
may
bring
a
19
private
cause
of
action
in
any
court
of
competent
jurisdiction
20
against
a
manufacturer
who
failed
to
comply
with
section
21
554H.2.
A
prevailing
plaintiff
may
recover
any
of
the
22
following:
23
a.
Actual
damages,
or
in
the
alternative,
in
the
discretion
24
of
the
court
where
actual
damages
are
difficult
to
ascertain
25
due
to
the
nature
of
the
injury,
liquidated
damages
in
the
26
amount
of
fifty
thousand
dollars
for
each
violation.
27
b.
When
a
violation
is
found
to
have
been
done
knowingly
28
and
willfully,
punitive
damages
in
an
amount
determined
by
the
29
court.
30
c.
Nominal
damages.
31
d.
Such
other
relief
as
the
court
deems
appropriate,
32
including
court
costs
and
expenses.
33
e.
Reasonable
attorney
fees
against
a
violating
34
manufacturer.
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2.
This
section
shall
not
preclude
the
bringing
of
a
class
1
action
lawsuit
against
a
manufacturer
where
the
manufacturer’s
2
conduct
in
violation
of
section
554H.2
is
done
knowingly
and
3
willfully.
4
3.
A
parent
or
legal
guardian
of
a
child
may
bring
an
action
5
in
a
court
of
competent
jurisdiction
against
any
person
who
is
6
not
the
parent
or
legal
guardian
of
the
child
and
who
disables
7
the
filter
from
a
device
in
the
possession
of
the
child
which
8
results
in
the
child’s
exposure
to
obscene
content.
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
minors
using
mobile
devices,
including
13
protections
for
minors
and
providing
civil
and
criminal
14
penalties.
15
The
bill
establishes
filter
requirements
for
minors
and
16
enforcement
mechanisms
for
smartphones,
tablets,
and
other
17
devices.
The
bill
requires
that
based
on
the
age
established
18
during
device
activation
and
account
setup,
automatically
19
activate
filters
on
devices
for
minors
during
activation.
The
20
bill
allows
the
filter
to
be
deactivated
by
use
of
a
password.
21
The
bill
provides
that
any
adult
who
is
not
a
parent
or
legal
22
guardian
shall
not
deactivate
the
filter
for
a
minor.
The
bill
23
applies
only
to
devices
manufactured
on
or
after
January
1,
24
2025.
25
The
bill
allows
the
attorney
general
to
bring
civil
action
26
suits
against
manufactures
of
devices
that
do
not
comply
with
27
the
bill.
The
bill
also
allows
private
civil
actions
by
28
parents
or
guardians
of
a
minor
against
manufacturers
who
fail
29
to
comply
with
the
bill.
The
bill
details
the
civil
remedies
30
available
against
a
manufacturer
that
violates
the
provisions
31
of
the
bill.
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