Bill Text: IA SF2227 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to obscene material available on devices and imposing civil liability on platforms who publish or distribute obscene material on the internet and including effective date provisions.
Spectrum: Partisan Bill (Republican 12-0)
Status: (Introduced) 2024-02-12 - Subcommittee Meeting: 02/13/2024 12:30PM Senate Lounge. [SF2227 Detail]
Download: Iowa-2023-SF2227-Introduced.html
Senate
File
2227
-
Introduced
SENATE
FILE
2227
BY
SALMON
,
WESTRICH
,
EVANS
,
ROWLEY
,
SWEENEY
,
EDLER
,
GUTH
,
COSTELLO
,
GREEN
,
ALONS
,
LOFGREN
,
and
SHIPLEY
A
BILL
FOR
An
Act
relating
to
obscene
material
available
on
devices
1
and
imposing
civil
liability
on
platforms
who
publish
or
2
distribute
obscene
material
on
the
internet
and
including
3
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
NEW
SECTION
.
554H.1
Short
title.
1
This
chapter
shall
be
known
and
cited
as
the
“Age
2
Verification
for
Websites
Containing
Material
Harmful
to
Minors
3
Act”
.
4
Sec.
2.
NEW
SECTION
.
554H.2
Prevention
of
harm
to
minors
——
5
purpose
of
chapter.
6
The
purpose
of
this
chapter
is
to
prevent
mental,
emotional,
7
physical,
and
developmental
harm
to
minors
by
requiring
8
platforms
to
adopt
and
operate
reasonable
age
verification
9
measures
to
ensure
that
minors
accessing
the
online
platform
do
10
not
access
material
harmful
to
minors.
11
Sec.
3.
NEW
SECTION
.
554H.3
Definitions.
12
As
used
in
this
chapter,
unless
the
context
otherwise
13
requires:
14
1.
“Child
pornography”
means
the
same
as
set
forth
in
18
15
U.S.C.
§2256.
16
2.
“Covered
platform”
means
an
entity
that
is
a
website
17
for
which
it
is
in
the
regular
course
of
the
trade
or
business
18
of
the
entity
to
create,
host,
or
make
available
content
that
19
meets
the
definition
of
obscene
material,
and
is
provided
by
20
the
entity,
a
user,
or
other
information
content
provider.
21
3.
“Indecent”
means
any
image,
video,
audio
recording,
22
audio-video
file,
film,
written
material,
document,
23
software,
data
file,
scripting
language,
computer
code,
game,
24
virtual-reality
technology,
interactive
and
noninteractive
25
streaming
service,
interactive
and
noninteractive
streaming
26
software,
or
downloadable
application
that,
following
the
27
regulations
set
forth
by
the
federal
communications
commission,
28
47
C.F.R.
§73.3999,
is
all
of
the
following:
29
a.
The
average
person,
applying
contemporary
community
30
standards,
would
find
the
material
to
be
generally
harmful
to
31
minors.
32
b.
Depicts,
describes,
exposes,
or
presents,
in
a
patently
33
offensive
way,
sexual
conduct
as
described
in
section
659A.2
34
and
section
709.15,
subsection
2.
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c.
Taken
as
a
whole,
lacks
serious
literary,
scientific,
or
1
artistic
value
for
purposes
of
the
education
of
minors.
2
4.
“Information
content
provider”
shall
have
the
meaning
as
3
set
forth
in
47
U.S.C.
§230.
4
5.
“Interactive
computer
service”
means
the
same
as
that
5
term
is
defined
in
47
U.S.C.
§230.
6
6.
“Material
harmful
to
minors”
means
any
picture,
image,
7
graphic
image
file,
film,
videotape,
or
other
visual
depiction,
8
that
is
obscene
material,
indecent,
or
child
pornography.
9
7.
“Minor”
means
the
same
as
defined
in
section
728.1.
10
8.
“Obscene
material”
means
the
same
as
defined
in
section
11
728.1.
12
9.
“Reasonable
age
verification
measures”
means
any
of
the
13
following:
14
a.
State-issued
driver’s
license.
15
b.
State-issued
identification.
16
c.
Government
identification
card.
17
d.
Military
identification
card.
18
e.
Credit
cards,
not
including
cards
that
do
not
require
the
19
individual
in
ownership
of
the
account
to
be
eighteen
years
of
20
age
or
older.
21
f.
Debit
cards,
not
including
cards
that
do
not
require
the
22
individual
in
ownership
of
the
account
to
be
eighteen
years
of
23
age
or
older.
24
g.
Bank
account
information.
25
h.
Any
other
means
or
method
that
reliably
and
accurately
26
can
determine
a
user
of
a
covered
platform
is
a
minor
and
27
prevent
access
by
minors
to
the
content
on
a
covered
platform.
28
Sec.
4.
NEW
SECTION
.
554H.4
Application.
29
A
covered
platform
that
publishes
or
distributes
material
30
harmful
to
minors
on
the
internet
shall
be
held
liable
if
31
the
platform
fails
to
perform
reasonable
age
verification
32
methods
to
verify
the
age
of
individuals
attempting
to
access
33
the
material
and
fails
to
prevent
access
by
minors
to
the
34
material.
Any
covered
platform
or
third
party
that
performs
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the
required
age
verification
shall
not
retain
any
identifying
1
information
of
the
individual
after
access
has
been
granted
2
to
the
material.
Any
covered
platform
that
is
found
to
have
3
violated
this
chapter
shall
be
liable
to
an
individual
for
4
damages,
including
those
defined
in
this
chapter
and
court
5
costs
and
reasonable
attorney
fees.
A
covered
platform
that
6
is
found
to
have
knowingly
retained
identifying
information
of
7
the
individual
after
access
has
been
granted
to
the
individual
8
shall
be
liable
to
the
individual
for
damages
for
retaining
the
9
identifying
information,
including
court
costs
and
reasonable
10
attorney
fees.
11
Sec.
5.
NEW
SECTION
.
554H.5
Remedies.
12
1.
A
parent
or
legal
guardian
of
a
minor
may
bring
a
13
civil
action
against
a
covered
platform
for
violating
this
14
chapter
with
respect
to
the
minor.
The
plaintiff
shall
recover
15
damages
with
respect
to
each
such
minor
in
an
amount
of
five
16
thousand
dollars
per
instance
that
the
covered
platform
failed
17
to
perform
reasonable
age
verification
methods
to
restrict
a
18
minor’s
access
to
material
harmful
to
minors.
Each
instance
19
shall
constitute
a
separate
violation.
20
2.
An
individual
may
bring
a
civil
action
against
a
covered
21
platform
for
knowingly
retaining
identifying
information
of
22
such
individual
after
access
to
the
material
harmful
for
minors
23
has
been
granted
to
the
individual.
24
3.
If
a
defendant
is
found
liable
in
a
civil
action
under
25
this
chapter,
the
plaintiff
may
recover
costs
and
reasonable
26
and
necessary
attorney
fees.
27
4.
Notwithstanding
any
other
law:
28
a.
The
requirements
of
this
chapter
shall
be
enforced
29
exclusively
through
the
private
civil
actions
described
in
this
30
section.
31
b.
No
direct
or
indirect
enforcement
of
this
chapter
may
be
32
taken
or
threatened
by
the
state,
a
political
subdivision,
a
33
district
attorney,
or
an
executive
or
administrative
officer
34
or
employee
of
this
state
against
any
person
or
entity,
in
any
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manner
whatsoever,
except
as
provided
in
this
section.
1
Sec.
6.
NEW
SECTION
.
554H.6
Jury
trial.
2
In
any
action
brought
under
this
chapter,
the
plaintiff
3
shall
have
the
right
to
a
jury
trial.
4
Sec.
7.
NEW
SECTION
.
554H.7
Limitation
on
effect
of
5
chapter.
6
1.
This
chapter
shall
not
apply
to
any
internet
service
7
provider,
or
internet
service
provider
affiliates
or
8
subsidiaries,
general
purpose
search
engine,
or
cloud
service
9
provider.
10
2.
This
chapter
does
not
subject
a
covered
platform
to
any
11
cause
of
action
or
liability
to
the
extent
the
platform
is
12
protected
from
causes
of
action
or
liability
by
federal
law.
13
3.
Compliance
with
this
chapter
shall
not
excuse
any
person
14
from
any
other
legal
duties
or
relieve
any
person
from
any
15
other
legal
remedies.
16
4.
This
chapter
does
not
preclude
the
enforcement
of
any
17
other
law
or
regulation
against
conduct
that
is
independently
18
prohibited
by
such
other
law
or
regulation
and
that
would
19
remain
prohibited
by
such
other
law
or
regulation
in
the
20
absence
of
this
chapter.
21
Sec.
8.
NEW
SECTION
.
554H.8
Waiver
and
estoppel
prohibited.
22
1.
A
waiver,
purported
waiver,
or
estoppel
of
a
person’s
23
right
to
bring
a
civil
action
under
this
chapter,
or
of
any
24
remedy
or
any
other
protection
provided
by
this
chapter,
is
25
void
as
unlawful
and
against
public
policy,
and
a
court
or
26
arbitrator
shall
not
enforce
or
give
effect
to
such
a
waiver
or
27
estoppel,
notwithstanding
any
choice
of
law
provision
or
other
28
provision
in
any
contract
or
other
agreement.
29
2.
The
waiver
and
estoppel
prohibition
described
by
30
subsection
1
shall
not
apply
to
contractual
waivers
to
the
31
extent
any
such
application
of
the
prohibition
would
impair
the
32
obligation
of
contract
in
violation
of
the
Constitution
of
the
33
State
of
Iowa
or
the
Constitution
of
the
United
States.
34
3.
The
waiver
and
estoppel
prohibition
described
by
35
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subsection
1
is
a
public
policy
limitation
on
contractual
1
and
other
waivers
or
estoppels
of
the
highest
importance
and
2
interest
to
this
state,
and
this
state
is
exercising
and
3
enforcing
this
prohibition
to
the
full
extent
permitted
by
the
4
Constitution
of
the
State
of
Iowa
and
the
Constitution
of
the
5
United
States.
6
Sec.
9.
NEW
SECTION
.
554H.9
Void
arrangements.
7
Any
contract,
agreement,
or
other
arrangement
made
or
8
entered
into
in
violation
of
this
chapter
shall
be
contrary
to
9
law
and
public
policy
and
shall
be
void
and
unenforceable.
10
Sec.
10.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
11
2025.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
creates
civil
liability
for
commercial
entities
16
who
publish
or
distribute
material
harmful
to
minors
on
the
17
internet.
18
The
bill
provides
that
the
purpose
of
the
new
Code
chapter
19
is
to
prevent
harm
to
minors
by
restricting
access
to
20
harmful
material
by
minors
on
covered
platforms
by
using
age
21
verification
technology.
Material
harmful
to
minors
is
defined
22
as
any
picture,
image,
graphic
image
file,
film,
videotape,
or
23
other
visual
depiction,
that
is
obscene
material,
indecent,
or
24
child
pornography.
25
The
bill
provides
for
damages.
The
bill
allows
a
parent
or
26
guardian
of
a
minor
that
has
been
exposed
to
harmful
material
27
to
recover
damages
of
$5,000
per
instance
that
the
covered
28
platform
failed
to
perform
reasonable
age
verification.
The
29
bill
provides
that
any
individual
whose
information
has
been
30
knowingly
retained
by
the
covered
platform
after
access
to
31
harmful
material
has
been
granted
may
bring
a
civil
action
32
against
the
covered
platform.
If
a
defendant
has
been
found
33
liable,
the
plaintiff
may
recover
costs
and
attorney
fees.
34
The
bill
provides
that
in
any
action
under
the
new
Code
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chapter,
the
plaintiff
shall
have
a
right
to
jury
trial.
1
The
bill
limits
the
application
of
the
new
Code
chapter.
2
The
new
Code
chapter
shall
not
apply
to
any
internet
service
3
provider,
or
internet
service
provider
affiliates
or
4
subsidiaries,
general
purpose
search
engine,
or
cloud
service
5
provider
and
does
not
subject
a
covered
platform
to
any
cause
6
of
action
or
liability
to
the
extent
the
platform
is
protected
7
from
causes
of
action
or
liability
by
federal
law.
The
8
bill
provides
that
compliance
with
the
new
Code
chapter
does
9
not
excuse
any
person
from
any
other
legal
duties
or
legal
10
remedies.
11
The
bill
prohibits
the
waiver
or
estoppel
of
a
person’s
12
rights
under
the
new
Code
chapter.
The
bill
makes
invalid
any
13
contractual
agreement
entered
into
in
violation
of
the
new
Code
14
chapter.
15
The
bill
takes
effect
January
1,
2025.
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