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House
File
278
-
Introduced
HOUSE
FILE
278
BY
KAUFMANN
A
BILL
FOR
An
Act
relating
to
parental
authorization
for
minors
to
1
create
accounts
on
social
media
platforms,
providing
civil
2
penalties,
and
including
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
554I.1
Short
title.
1
This
chapter
shall
be
known
and
may
be
cited
as
the
“Social
2
Media
Parental
Authorization
Act”
.
3
Sec.
2.
NEW
SECTION
.
554I.2
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Minor”
means
an
individual
under
the
age
of
eighteen
who
7
currently
resides
in
Iowa.
8
2.
“Parental
authorization”
means
all
of
the
following:
9
a.
A
written
statement
signed
by
both
a
minor
and
the
10
minor’s
parent
or
legal
guardian
that
authorizes
the
minor
to
11
create
an
account
on
a
social
media
platform.
12
b.
A
digital
authorization
by
a
parent
or
a
legal
guardian
13
of
a
minor
that
authorizes
the
minor
to
create
an
account
14
on
a
social
media
platform
if
the
social
media
platform
15
has
previously
verified
that
the
account
granting
parental
16
authorization
belongs
to
the
parent
or
legal
guardian
of
the
17
minor
seeking
parental
authorization.
18
3.
“Social
media
company”
means
a
company
that
operates
a
19
social
media
platform.
20
4.
a.
“Social
media
platform”
means
an
internet
site
or
21
application
that
is
open
to
the
public
and
that
allows
a
user
22
to
create
an
account
for
the
primary
purpose
of
performing
all
23
of
the
following:
24
(1)
Create
personal
profiles
or
accounts
that
include
the
25
person’s
name,
age,
location,
and
other
personal
information.
26
(2)
Connect
with
other
social
media
platform
users
as
27
friends,
followers,
or
any
other
means
of
connecting
that
28
allows
other
users
to
access
shared
content.
29
(3)
Facilitate
public
access
to
content,
including
text,
30
images,
videos,
internet
site
links,
or
any
other
information.
31
(4)
Send
private
messages
to
other
social
media
platform
32
users.
33
(5)
Create
groups
for
the
purpose
of
communicating
about
34
shared
interests.
35
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b.
“Social
media
platform”
does
not
include
an
online
1
service,
website,
or
application
where
the
predominate
or
2
exclusive
function
is
interactive
gaming,
virtual
gaming,
or
3
an
online
service
that
allows
the
creation
and
uploading
of
4
content
for
the
purpose
of
interactive
gaming,
educational
5
entertainment,
or
associated
entertainment,
and
the
6
communication
related
to
such
content.
7
5.
“User”
means
an
individual
who
uses
a
social
media
8
platform.
9
Sec.
3.
NEW
SECTION
.
554I.3
Parental
authorization
10
requirements.
11
1.
A
social
media
company
shall
not
permit
a
minor
to
be
12
an
account
holder
on
the
social
media
company’s
social
media
13
platform
unless
the
social
media
company
has
received
prior
14
express
parental
authorization.
15
2.
A
social
media
company
shall
allow
a
parent
or
guardian
16
who
has
provided
parental
authorization
to
revoke
or
rescind
17
the
grant
of
parental
authorization
upon
request
at
any
time.
18
3.
A
social
media
company
shall
not
collect,
transfer,
19
transmit,
image,
or
retain
any
data
from
or
regarding
a
minor
20
if
the
minor
has
not
received
parental
authorization
for
the
21
minor
to
be
an
account
holder
on
the
social
media
company’s
22
social
media
platform
in
accordance
with
subsection
1.
23
4.
Notwithstanding
any
other
provision
of
this
chapter,
a
24
social
media
company
shall
not
permit
a
minor
to
create,
use,
25
or
hold
an
account
on
the
social
media
company’s
social
media
26
platform
if
the
minor
is
prohibited
from
creating,
using,
or
27
holding
an
account
on
a
social
media
platform
under
any
other
28
provision
of
state
or
federal
law.
29
5.
A
social
media
company
shall
provide
a
parent
or
guardian
30
who
has
granted
parental
authorization
under
subsection
1
with
31
a
password
or
other
means
to
access
the
account
of
the
minor,
32
which
shall
allow
the
parent
or
guardian
to
do
all
of
the
33
following:
34
a.
View
all
posts
created
by
the
minor
on
the
social
media
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platform.
1
b.
View
all
messages
sent
by,
and
responses
received
by,
the
2
minor
on
the
social
media
platform.
3
c.
Control
the
privacy
and
account
settings
of
the
minor’s
4
account
on
the
social
media
platform.
5
d.
Monitor
and
limit
the
amount
of
time
the
minor
may
spend
6
using
the
social
media
platform.
7
Sec.
4.
NEW
SECTION
.
554I.4
Enforcement
——
penalties.
8
If
the
attorney
general
has
reasonable
belief
that
a
social
9
media
company
is
in
violation
of
this
chapter,
the
attorney
10
general
may
bring
a
civil
action
to
provide
for
civil
penalties
11
in
an
amount
not
more
than
one
thousand
dollars
for
each
12
violation
of
this
chapter.
13
Sec.
5.
NEW
SECTION
.
554I.5
Private
right
of
action.
14
A
person
harmed
by
a
violation
of
this
chapter
by
a
social
15
media
company
may
bring
a
civil
action
in
the
district
court
16
in
which
the
person
resides
and,
upon
a
finding
that
a
social
17
media
company
violated
this
chapter,
a
district
court
may
order
18
any
of
the
following:
19
1.
Damages
in
an
amount
equal
to
the
greater
of
either
ten
20
thousand
dollars
for
each
violation
or,
if
the
court
determines
21
that
the
social
media
company’s
violation
was
the
direct
cause
22
of
the
harm,
the
amount
of
actual
damages
for
any
financial,
23
physical,
and
emotional
harm
to
the
person
bringing
the
action.
24
2.
Punitive
damages.
25
3.
Reasonable
attorney
fees
and
court
costs.
26
Sec.
6.
NEW
SECTION
.
554I.6
Rules.
27
The
attorney
general
shall
adopt
rules
pursuant
to
chapter
28
17A
to
administer
this
chapter,
including
but
not
limited
to
29
rules
to
establish
all
of
the
following:
30
1.
Processes
or
means
by
which
a
social
media
company
can
31
comply
with
the
parental
authorization
requirements
under
32
section
554I.3.
33
2.
Acceptable
forms
or
methods
of
parental
authorization.
34
3.
Processes
to
confirm
that
a
social
media
company
has
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received
parental
authorization
under
section
554I.3
for
each
1
minor
that
has
created
an
account
on
the
social
media
company’s
2
social
media
platform.
3
Sec.
7.
APPLICABILITY.
This
Act
applies
to
a
social
media
4
company
operating
on
or
after
the
effective
date
of
this
Act.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
relates
to
parental
authorization
for
minors
to
9
create
accounts
on
social
media
platforms.
10
The
bill
requires
a
social
media
company
(company)
to
11
obtain
parental
authorization
before
permitting
a
minor
12
to
create
an
account
on
the
company’s
platform,
and,
upon
13
request,
to
allow
a
parent
or
guardian
to
revoke
or
rescind
the
14
grant
of
parental
authorization
at
any
time.
“Social
media
15
company”,
“parental
authorization”,
“minor”,
and
“social
media
16
platform”
are
defined
in
the
bill.
The
bill
prohibits
the
17
collection,
transfer,
transmission,
imaging,
or
retention
of
18
data
related
to
a
minor
by
a
company
if
the
company
has
not
19
received
parental
authorization,
and
prohibits
a
company
from
20
allowing
a
minor
to
create
or
use
an
account
on
the
social
21
media
platform
if
the
minor
is
prohibited
from
doing
so
by
any
22
other
provision
of
state
or
federal
law.
The
bill
requires
23
a
company
to
provide
a
parent
or
guardian
who
has
granted
24
parental
authorization
with
a
password
or
other
means
to
access
25
the
account
of
the
minor
to
allow
the
parent
or
guardian
to
26
view
all
posts
created
by
the
minor,
view
all
messages
and
27
responses
sent
or
received
by
the
minor,
control
the
privacy
28
and
account
settings
of
the
minor’s
account,
and
monitor
and
29
limit
the
amount
of
time
the
minor
may
spend
using
the
social
30
media
platform.
31
The
bill
permits
the
attorney
general
to
bring
a
civil
32
action
for
a
violation
of
the
bill
and
the
court
to
assess
a
33
civil
penalty
against
a
company
of
up
to
$1,000
per
violation.
34
A
person
harmed
by
a
company’s
violation
of
the
bill
may
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bring
a
civil
action
in
district
court
and,
upon
a
finding
1
that
a
company
violated
the
bill,
a
district
court
may
order
2
damages
in
an
amount
equal
to
the
greater
of
either
$10,000
3
for
each
violation,
or
the
amount
of
actual
damages
for
any
4
financial,
physical,
and
emotional
harm
to
the
person
if
the
5
court
determines
that
the
company’s
violation
was
the
direct
6
cause
of
the
harm.
The
court
may
also
order
punitive
damages,
7
reasonable
attorney
fees,
and
court
costs.
8
The
attorney
general
shall
adopt
rules
to
administer
the
9
bill,
including
but
not
limited
to
rules
to
establish
the
10
processes
or
means
by
which
a
company
can
comply
with
the
11
parental
authorization
requirements,
acceptable
forms
or
12
methods
of
parental
authorization,
and
the
processes
to
confirm
13
that
a
company
has
received
parental
authorization
for
each
14
minor
that
has
created
an
account
on
the
platform.
15
The
bill
applies
to
a
company
operating
in
the
state
on
or
16
after
the
effective
date
of
the
bill.
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