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 - Dead) 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
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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
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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
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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
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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.
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