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House
File
864
-
Enrolled
House
File
864
AN
ACT
REQUIRING
PERSONS
WHO
OPERATE
CERTAIN
INTERNET
SITES,
APPLICATIONS,
OR
A
SEGMENT
OF
AN
INTERNET
SITE
OR
APPLICATION
THAT
CONTAINS
MATERIAL
PORNOGRAPHIC
FOR
MINORS
TO
PERFORM
REASONABLE
AGE
VERIFICATION.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
554J.1
Definitions.
For
purposes
of
this
chapter:
1.
“Application”
means
a
software
application
or
electronic
service
that
a
user
may
run
or
direct
on
a
mobile
device.
2.
“Commercial
entity”
means
a
legally
recognized
business
entity.
3.
“Digital
identification”
means
information
stored
on
a
digital
network
that
may
be
accessed
by
a
commercial
entity
and
that
serves
as
proof
of
the
identity
of
an
individual.
4.
“Interactive
computer
service”
means
the
same
as
defined
in
47
U.S.C.
§230.
5.
“Minor”
means
an
individual
under
eighteen
years
of
age.
House
File
864,
p.
2
6.
“Mobile
device”
means
a
device
described
by
all
of
the
following:
a.
The
device
is
small
enough
to
be
held
and
operated
in
hand.
b.
The
device
provides
a
cellular
or
wireless
connection
to
the
internet.
c.
The
device
has
the
ability
to
run
an
application.
7.
“News-gathering
organization”
means
any
of
the
following:
a.
An
employee
of
a
newspaper,
news
publication,
or
other
commercial
entity
with
the
primary
purpose
of
serving
as
a
source
of
current
news
and
public
interest
stories,
who
is
acting
within
the
course
and
scope
of
that
employment
and
can
provide
documentation
of
that
employment.
b.
An
employee
of
a
radio
broadcast
station,
television
broadcast
station,
cable
television
operator,
or
wire
service
who
is
acting
within
the
course
and
scope
of
that
employment
and
can
provide
documentation
of
that
employment.
8.
“Pornographic
for
minors”
means
material
or
a
performance
described
by
all
of
the
following:
a.
The
average
person,
applying
contemporary
community
standards,
would
find
that
the
material
or
performance,
taken
as
a
whole,
has
a
tendency
to
cater
or
appeal
to
a
prurient
interest
of
minors.
b.
The
material
or
performance
depicts
nudity,
sexual
conduct,
the
condition
of
human
genitals
when
in
a
state
of
sexual
stimulation
or
arousal,
or
sadomasochistic
abuse
in
a
way
which
is
patently
offensive
to
the
average
person
applying
contemporary
adult
community
standards
with
respect
to
what
is
suitable
for
minors.
c.
The
material
or
performance,
taken
as
a
whole,
lacks
serious
literary,
artistic,
political,
or
scientific
value
for
minors.
9.
“Provider”
means
all
of
the
following:
a.
An
internet
service
provider.
b.
A
cloud
service
provider.
c.
A
wireless
service
provider.
d.
An
internet
search
engine.
e.
An
information
service
as
defined
in
47
U.S.C.
§153.
f.
A
telecommunications
service
as
defined
in
47
U.S.C.
House
File
864,
p.
3
§153.
g.
A
cable
service
as
defined
in
47
U.S.C.
§522.
h.
An
affiliate
or
a
subsidiary
of
an
entity
listed
in
paragraphs
“a”
through
“g”
.
10.
“Substantial
portion”
means
thirty-three
percent
or
more
of
the
total
amount
of
data
publicly
available
on
an
internet
site
or
application.
11.
“Transactional
data”
means
a
sequence
of
information
that
documents
an
exchange,
agreement,
or
transfer
between
an
individual,
commercial
entity,
or
third
party.
Sec.
2.
NEW
SECTION
.
554J.2
Age
verification.
1.
A
person
shall
not
operate
an
internet
site,
an
application,
or
a
segment
of
an
internet
site
or
application,
including
on
a
social
media
platform,
that
contains
a
substantial
portion
of
content
pornographic
for
minors
unless
the
person
uses
reasonable
age
verification
to
prevent
minors
from
accessing
such
content.
2.
Reasonable
age
verification
shall
include
any
of
the
following:
a.
Requiring
an
individual
to
provide
digital
identification.
b.
A
method
that
is
commercially
reasonable
given
a
person’s
scope
of
business
and
that
relies
on
transactional
data
to
verify
an
individual’s
age.
c.
A
method
approved
by
the
attorney
general
by
rule.
3.
A
person
that
performs
reasonable
age
verification
under
this
section,
including
a
third
party
that
contracts
with
a
person
to
perform
reasonable
age
verification
for
the
person,
shall
not
retain,
sell,
lease,
or
otherwise
disseminate
any
identifying
information
of
an
individual
subject
to
reasonable
age
verification
unless
retention
or
dissemination
of
the
identifying
information
is
required
by
law
or
a
court
order.
4.
A
person
that
performs
reasonable
age
verification
under
this
section,
including
a
third
party
that
contracts
with
a
person
to
perform
reasonable
age
verification
for
the
person,
shall
use
reasonable
methods
given
the
person’s
scope
of
business
to
secure
all
data
collected
and
transmitted
under
this
section.
Sec.
3.
NEW
SECTION
.
554J.3
Limitations.
House
File
864,
p.
4
1.
This
chapter
shall
not
apply
to
any
of
the
following:
a.
A
bona
fide
news
or
public
interest
broadcast,
news
recording,
report,
or
event.
b.
A
news-gathering
organization.
c.
An
internet
service
provider,
an
internet
service
provider’s
affiliates
and
subsidiaries,
a
search
engine,
or
a
cloud
service
provider
solely
for
providing
access
or
connection
to
an
internet
site
or
other
information
or
content
on
the
internet,
in
a
facility,
on
a
system,
or
on
a
network
not
under
the
internet
service
provider’s,
affiliate’s,
subsidiary’s,
search
engine’s,
or
cloud
service
provider’s
control.
This
subsection
shall
not
apply
if
the
internet
service
provider,
affiliate,
subsidiary,
search
engine,
or
cloud
service
provider
was
responsible
for
the
creation
of
the
content
pornographic
for
minors.
2.
This
chapter
shall
not
be
construed
to
impose
liability
on
a
user
of
an
interactive
computer
service
on
the
internet.
3.
This
chapter
shall
not
be
construed
to
impose
liability
on
a
provider
solely
for
providing
access
or
connection
to
an
internet
site,
system,
or
network
that
contains
material
pornographic
for
minors
provided
that
the
internet
site,
system,
or
network
is
not
under
the
provider’s
control.
For
purposes
of
this
subsection,
“access
or
connection”
includes
but
is
not
limited
to
transmitting,
downloading,
providing
intermediate
storage
for,
and
providing
access
software
for
data.
Sec.
4.
NEW
SECTION
.
554J.4
Enforcement
and
penalties.
1.
The
attorney
general
shall
enforce
this
chapter,
seek
injunctions
for
violations
of
this
chapter,
and
bring
actions
against
a
person
thought
to
be
in
violation
of
this
chapter.
2.
Each
time
an
individual
accesses
an
internet
site
or
application
not
in
compliance
with
this
chapter
shall
constitute
a
separate
violation.
3.
a.
A
violation
of
this
chapter
is
punishable
by
a
civil
penalty
of
up
to
one
thousand
dollars
per
violation.
A
person
in
violation
of
this
chapter
shall
not
accrue
civil
penalties
of
more
than
ten
thousand
dollars
in
a
single
day.
b.
Civil
penalties
collected
under
this
section
shall
be
deposited
into
the
general
fund
of
the
state.
House
File
864,
p.
5
Sec.
5.
NEW
SECTION
.
554J.5
Rules.
The
attorney
general
shall
adopt
rules
pursuant
to
chapter
17A
to
implement
and
administer
this
chapter.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
864,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor