Read the full stored bill text
House
File
2606
-
Introduced
HOUSE
FILE
2606
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
2274)
A
BILL
FOR
An
Act
requiring
persons
who
operate
certain
internet
1
sites,
applications,
or
a
segment
of
an
internet
site
or
2
application
that
contains
material
pornographic
for
minors
3
to
perform
reasonable
age
verification.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
554J.1
Definitions.
1
For
purposes
of
this
chapter:
2
1.
“Application”
means
a
software
application
or
electronic
3
service
that
a
user
may
run
or
direct
on
a
mobile
device.
4
2.
“Commercial
entity”
means
a
legally
recognized
business
5
entity.
6
3.
“Digital
identification”
means
information
stored
on
a
7
digital
network
that
may
be
accessed
by
a
commercial
entity
and
8
that
serves
as
proof
of
the
identity
of
an
individual.
9
4.
“Minor”
means
an
individual
under
eighteen
years
of
age.
10
5.
“Mobile
device”
means
a
device
described
by
all
of
the
11
following:
12
a.
The
device
is
small
enough
to
be
held
and
operated
in
13
hand.
14
b.
The
device
provides
a
cellular
or
wireless
connection
to
15
the
internet.
16
c.
The
device
has
the
ability
to
run
an
application.
17
6.
“News-gathering
organization”
means
any
of
the
following:
18
a.
A
newspaper,
news
publication,
or
other
commercial
entity
19
with
the
primary
purpose
of
serving
as
a
source
of
current
news
20
and
public
interest
stories,
regardless
of
the
primary
format
21
on
which
the
entity
publishes
news.
22
b.
An
employee
of
a
newspaper,
news
publication,
or
other
23
commercial
entity
with
the
primary
purpose
of
serving
as
a
24
source
of
current
news
and
public
interest
stories,
who
is
25
acting
within
the
course
and
scope
of
that
employment
and
can
26
provide
documentation
of
that
employment.
27
c.
An
employee
of
a
radio
broadcast
station,
television
28
broadcast
station,
cable
television
operator,
or
wire
service
29
who
is
acting
within
the
course
and
scope
of
that
employment
30
and
can
provide
documentation
of
that
employment.
31
7.
“Pornographic
for
minors”
means
material
or
a
performance
32
described
by
all
of
the
following:
33
a.
The
average
person,
applying
contemporary
community
34
standards,
would
find
that
the
material
or
performance,
taken
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as
a
whole,
has
a
tendency
to
cater
or
appeal
to
a
prurient
1
interest
of
minors.
2
b.
The
material
or
performance
depicts
nudity,
sexual
3
conduct,
the
condition
of
human
genitals
when
in
a
state
of
4
sexual
stimulation
or
arousal,
or
sadomasochistic
abuse
in
a
5
way
which
is
patently
offensive
to
the
average
person
applying
6
contemporary
adult
community
standards
with
respect
to
what
is
7
suitable
for
minors.
8
c.
The
material
or
performance,
taken
as
a
whole,
lacks
9
serious
literary,
artistic,
political,
or
scientific
value
for
10
minors.
11
8.
“Substantial
portion”
means
thirty-three
percent
or
more
12
of
the
total
amount
of
data
publicly
available
on
an
internet
13
site.
14
9.
“Transactional
data”
means
a
sequence
of
information
15
that
documents
an
exchange,
agreement,
or
transfer
between
an
16
individual,
commercial
entity,
or
third
party.
17
Sec.
2.
NEW
SECTION
.
554J.2
Age
verification.
18
1.
A
person
shall
not
operate
an
internet
site,
an
19
application,
or
a
segment
of
an
internet
site
or
application,
20
including
on
a
social
media
platform,
that
contains
a
21
substantial
portion
of
content
pornographic
for
minors
unless
22
the
person
uses
reasonable
age
verification
to
prevent
minors
23
from
accessing
such
content.
24
2.
Reasonable
age
verification
shall
include
any
of
the
25
following:
26
a.
Requiring
an
individual
to
provide
digital
27
identification.
28
b.
A
method
that
is
commercially
reasonable
given
a
person’s
29
scope
of
business
and
that
relies
on
transactional
data
to
30
verify
an
individual’s
age.
31
c.
A
method
approved
by
the
attorney
general
by
rule.
32
3.
A
person
that
performs
reasonable
age
verification
under
33
this
section,
including
a
third
party
that
contracts
with
a
34
person
to
perform
reasonable
age
verification
for
the
person,
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shall
not
retain
any
identifying
information
of
an
individual
1
subject
to
reasonable
age
verification
unless
retention
of
the
2
identifying
information
is
required
by
law
or
a
court
order.
3
4.
A
person
that
performs
reasonable
age
verification
4
under
this
section,
including
a
third
party
that
contracts
5
with
a
person
to
perform
reasonable
age
verification
for
the
6
person,
shall
use
reasonable
methods
given
the
person’s
scope
7
of
business
to
secure
all
data
collected
and
transmitted
under
8
this
section.
9
Sec.
3.
NEW
SECTION
.
554J.3
Limitations.
10
This
chapter
shall
not
apply
to
any
of
the
following:
11
1.
A
bona
fide
news
or
public
interest
broadcast,
news
12
recording,
report,
or
event.
13
2.
A
news-gathering
organization.
14
3.
An
internet
service
provider,
an
internet
service
15
provider’s
affiliates
and
subsidiaries,
a
search
engine,
16
or
a
cloud
service
provider
solely
for
providing
access
or
17
connection
to
an
internet
site
or
other
information
or
content
18
on
the
internet,
in
a
facility,
on
a
system,
or
on
a
network
19
not
under
the
internet
service
provider’s,
affiliate’s,
20
subsidiary’s,
search
engine’s,
or
cloud
service
provider’s
21
control.
This
subsection
shall
not
apply
if
the
internet
22
service
provider,
affiliate,
subsidiary,
search
engine,
or
23
cloud
service
provider
was
responsible
for
the
creation
of
the
24
content
pornographic
for
minors.
25
Sec.
4.
NEW
SECTION
.
554J.4
Enforcement
and
penalties.
26
1.
The
attorney
general
shall
enforce
this
chapter,
seek
27
injunctions
for
violations
of
this
chapter,
and
bring
actions
28
against
a
person
thought
to
be
in
violation
of
this
chapter.
29
2.
Each
time
an
individual
accesses
an
internet
site
30
or
application
not
in
compliance
with
this
chapter
shall
31
constitute
a
separate
violation.
32
3.
a.
A
violation
of
this
chapter
is
punishable
by
a
civil
33
penalty
of
up
to
one
thousand
dollars
per
violation.
A
person
34
in
violation
of
this
section
shall
not
accrue
civil
penalties
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of
more
than
ten
thousand
dollars
in
a
single
day.
1
b.
Civil
penalties
collected
under
this
section
shall
be
2
deposited
into
the
general
fund
of
the
state.
3
Sec.
5.
NEW
SECTION
.
554J.5
Rules.
4
The
attorney
general
shall
adopt
rules
pursuant
to
chapter
5
17A
to
implement
and
administer
this
chapter.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
requires
persons
who
operate
certain
internet
10
sites
(sites),
applications
(apps),
or
a
segment
of
a
site
or
11
an
app
to
perform
reasonable
age
verification.
12
The
bill
defines
“application”,
“commercial
entity”,
13
“digital
identification”,
“minor”,
“mobile
device”,
14
“news-gathering
organization”,
“pornographic
for
minors”,
15
“substantial
portion”,
and
“transactional
data”.
16
The
bill
prohibits
a
person
from
operating
a
site,
an
app,
17
or
a
segment
of
a
site
or
an
app,
including
on
a
social
media
18
platform,
that
contains
a
substantial
portion
of
content
19
pornographic
for
minors
unless
the
person
uses
reasonable
age
20
verification
to
prevent
minors
from
accessing
the
content
21
pornographic
for
minors.
Reasonable
age
verification
includes
22
requiring
an
individual
to
provide
digital
identification;
a
23
method
that
is
commercially
reasonable
given
the
person’s
scope
24
of
business
and
that
relies
on
transactional
data
to
verify
an
25
individual’s
age;
or
a
method
approved
by
the
attorney
general
26
by
rule.
27
The
bill
prohibits
a
person
that
performs
reasonable
age
28
verification
under
the
bill,
including
a
third
party
that
29
contracts
with
a
person
to
perform
reasonable
age
verification
30
for
the
person,
from
retaining
any
identifying
information
of
31
an
individual
subject
to
reasonable
age
verification
unless
32
retention
of
the
identifying
information
is
required
by
law
or
33
a
court
order.
34
The
bill
requires
a
person
that
performs
reasonable
age
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verification
under
the
bill,
including
a
third
party
that
1
contracts
with
a
person
to
perform
reasonable
age
verification
2
for
the
person,
to
use
reasonable
methods
given
the
person’s
3
scope
of
business
to
secure
all
data
collected
and
transmitted
4
under
the
bill.
5
The
bill
lists
certain
entities
and
situations
to
which
the
6
bill
does
not
apply.
7
The
bill
requires
the
attorney
general
to
enforce
the
bill,
8
seek
injunctions
for
violations
of
the
bill,
and
bring
actions
9
against
a
person
thought
to
be
in
violation
of
the
bill.
Each
10
time
an
individual
accesses
a
site
or
application
not
in
11
compliance
with
the
bill
constitutes
a
separate
violation.
A
12
violation
of
the
bill
is
punishable
by
a
civil
penalty
of
up
13
to
$1,000
per
violation.
A
person
in
violation
of
the
bill
14
shall
not
accrue
civil
penalties
of
more
than
$10,000
in
a
15
single
day.
Civil
penalties
collected
under
the
bill
shall
be
16
deposited
into
the
general
fund
of
the
state.
17
The
bill
requires
the
attorney
general
to
adopt
rules
to
18
implement
and
administer
the
bill.
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