Bill Text: IA SF2236 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to the removal of internet content upon request, and making penalties applicable. (See SF 2351.)

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2020-02-20 - Committee report approving bill, renumbered as SF 2351. S.J. 373. [SF2236 Detail]

Download: Iowa-2019-SF2236-Introduced.html
Senate File 2236 - Introduced SENATE FILE 2236 BY NUNN A BILL FOR An Act relating to the removal of internet content upon 1 request, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5606XS (6) 88 ja/rn
S.F. 2236 Section 1. NEW SECTION . 715D.1 Title. 1 This chapter shall be known and may be cited as the “Right to 2 be Forgotten Act” . 3 Sec. 2. NEW SECTION . 715D.2 Definitions. 4 As used in this chapter, unless the context otherwise 5 requires: 6 1. “Content of minimal value” means information related to 7 an individual that is inaccurate, irrelevant, inadequate, or 8 excessive. “Content of minimal value” includes information 9 which, after a significant lapse in time from its first 10 publication, is no longer material to current public debate 11 or discourse, especially when considered in light of the 12 demonstrable harm the information is causing or may cause to 13 an individual’s professional, financial, reputational, or 14 other interest. “Content of minimal value” does not include 15 information related to criminal convictions, potential or 16 pending litigation relating to a violent crime, or a matter 17 that is of significant current public interest. 18 2. “Internet site” means the same as defined in section 4.1. 19 3. “Operator” means an internet search engine owner, an 20 internet site indexer, or any person who owns an internet site. 21 Sec. 3. NEW SECTION . 715D.3 Removal of content of minimal 22 value. 23 1. An individual may request that an operator remove 24 information the individual contends is content of minimal value 25 related to the individual from the operator’s search engine, 26 index, or internet site. 27 2. Within thirty days after receipt of a request made 28 pursuant to subsection 1, an operator shall do one of the 29 following: 30 a. Remove the content of minimal value subject to the 31 request from its search engine, index, or internet site, 32 including all links to such content. 33 b. Notify the individual the information will not be removed 34 based on a determination by the operator that the information 35 -1- LSB 5606XS (6) 88 ja/rn 1/ 4
S.F. 2236 is not content of minimal value and the rationale for making 1 that determination. 2 3. An operator shall not replace content of minimal value 3 that is removed pursuant to subsection 2, paragraph “a” , with 4 any hyperlink, replacement notice, information, or other 5 content indicating the removal of the content. 6 Sec. 4. NEW SECTION . 715D.4 Enforcement. 7 An operator who fails to remove information the attorney 8 general determines to be content of minimal value, and links 9 to such, within thirty days after receipt of a request made 10 pursuant to subsection 1, or who violates subsection 2 or 3, 11 commits an unlawful practice pursuant to section 714.16. 12 Sec. 5. Section 614.1, Code 2020, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 15. Removal of content of minimal value. An 15 action for damages for injury suffered as a result of a 16 violation of section 715D.3 shall be brought within five years 17 of the date the individual requested that an operator remove 18 content of minimal value from the operator’s search engine, 19 index, or internet site. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill creates a right to be forgotten Act authorizing 24 individuals to request certain content be removed from the 25 internet. 26 The bill defines “content of minimal value” to mean 27 information that is inaccurate, irrelevant, inadequate, 28 or excessive. This includes information which, after a 29 significant lapse in time from its first publication, is 30 no longer material to current public debate or discourse, 31 especially when considered in light of the demonstrable harm 32 the information is causing or may cause to an individual’s 33 professional, financial, reputational, or other interest. 34 However, “content of minimal value” does not include 35 -2- LSB 5606XS (6) 88 ja/rn 2/ 4
S.F. 2236 information related to criminal convictions, litigation 1 relating to a violent crime, or a matter that is of significant 2 current public interest. 3 The bill defines “internet site” by reference to Code 4 section 4.1, which states the term means a specific location on 5 the internet that is determined by internet protocol numbers, 6 by a domain name, or by both, including but not limited to 7 domain names that use the designations “.com”, “.edu”, “.gov”, 8 “.org”, and “.net”. 9 The bill defines “operator” to mean an internet search 10 engine owner, an internet site indexer, or any person who owns 11 an internet site. 12 The bill authorizes an individual to request that an 13 operator remove information the individual contends is content 14 of minimal value related to the individual from the operator’s 15 search engine, index, or internet site. The operator is 16 required to remove the content within 30 days after receipt 17 of the request, if the operator determines the information is 18 content of minimal value. If, however, the operator determines 19 the information is not content of minimal value, the operator 20 is required to notify the individual within 30 days that the 21 information will not be removed and why the information has 22 been determined by the operator not to be content of minimal 23 value. Moreover, the operator is not to replace the content of 24 minimal value that is removed with any hyperlink, replacement 25 notice, information, or other content indicating the removal of 26 the content of minimal value. 27 An operator commits an unlawful practice pursuant to Code 28 section 714.16 if the operator does any of the following: 29 fails to remove information the attorney general determines to 30 be content of minimal value, along with links to the content, 31 within the 30-day period following a request for such removal; 32 fails to notify the individual as to why the information will 33 not be removed within the 30-day period; or replaces the 34 content of minimal value that was removed with an indication 35 -3- LSB 5606XS (6) 88 ja/rn 3/ 4
S.F. 2236 of its removal. Several types of remedies are available 1 if a court finds that a person has committed an unlawful 2 practice, including injunctive relief, disgorgement of moneys 3 or property, and a civil penalty not to exceed $40,000 per 4 violation. 5 An action for damages for injury suffered as a result of a 6 violation of the bill’s provisions shall be brought within five 7 years of the date the individual requested that an operator 8 remove content of minimal value from the operator’s search 9 engine, index, or internet site. 10 -4- LSB 5606XS (6) 88 ja/rn 4/ 4
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