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Senate
File
2177
-
Introduced
SENATE
FILE
2177
BY
SALMON
A
BILL
FOR
An
Act
relating
to
policies
and
protection
measures
a
library
1
provider
or
third
party
contracting
with
a
library
provider
2
must
take
if
the
library
provider
or
third
party
offers
3
digital
library
services.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
73B.1
Definitions.
1
For
purposes
of
this
chapter:
2
1.
“Child
pornography”
means
the
same
as
defined
in
18
3
U.S.C.
§2556.
4
2.
“Controlled
substance”
means
the
same
as
defined
in
5
section
124.101.
6
3.
“Digital
library
service”
means
a
service
that
provides
7
access
to
digital
content
enabling
users
to
find,
retrieve,
8
and
use
library
functions
including
but
not
limited
to
book
9
checkouts,
online
searches
of
databases,
access
to
online
10
portals,
and
remote
access
to
learning
and
research
tools.
11
4.
“Hard-core
pornography”
means
the
same
as
described
in
12
section
728.4.
13
5.
“Library
provider”
means
the
state,
a
state
agency,
a
14
city
that
has
established
a
library
by
ordinance,
a
library
15
district,
a
public
school,
or
a
nonpublic
school.
16
6.
“Minor”
means
an
individual
who
is
under
eighteen
years
17
of
age,
or
who
is
a
student
enrolled
at
a
public
school
or
a
18
nonpublic
school.
19
7.
“Nonpublic
school”
means
the
same
as
defined
in
section
20
280.2.
21
8.
“Obscene
material”
means
the
same
as
defined
in
section
22
728.1.
23
9.
“Public
school”
means
the
same
as
defined
in
section
24
280.2.
25
10.
“Service
provider”
means
all
of
the
following:
26
a.
An
internet
service
provider.
27
b.
An
affiliate
or
subsidiary
of
an
internet
service
28
provider.
29
c.
A
business
operating
a
search
engine.
30
d.
A
business
offering
cloud
computing
products
or
services.
31
11.
“Visual
depiction
of
a
minor”
means
the
same
as
defined
32
in
section
728.12.
33
Sec.
2.
NEW
SECTION
.
73B.2
Digital
library
services
34
restrictions.
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1.
A
library
provider
shall
not
offer
a
digital
library
1
service
to
a
minor
unless
the
library
provider
adopts
policies
2
and
protection
measures
that
block,
prohibit,
and
prevent
a
3
minor
from
sending,
receiving,
viewing,
or
downloading
child
4
pornography,
hard-core
pornography,
obscene
material,
materials
5
that
relate
to
the
use
of
a
controlled
substance,
and
visual
6
depictions
of
a
minor.
7
2.
If
a
library
provider
contracts
with
a
third
party
to
8
offer
digital
library
services,
the
third
party
shall
adopt
9
policies
and
measures
as
if
the
third
party
is
a
library
10
provider,
and
the
library
provider
contracting
with
the
third
11
party
shall
ensure
the
contract
contains
all
of
the
following:
12
a.
A
clause
that
allows
the
library
provider
to
withhold
13
payments
without
penalty
if
the
third
party
fails
to
comply
14
with
this
section.
15
b.
(1)
(a)
A
clause
that
states
a
third
party’s
failure
to
16
comply
with
this
section
for
thirty
consecutive
calendar
days
17
is
a
breach
of
contract.
18
(b)
A
clause
that
requires
the
third
party
to
reduce
the
19
amount
the
library
provider
owes
for
the
contract
by
ten
20
percent
of
the
contract’s
total
value
if
the
third
party
fails
21
to
comply
with
this
section
for
thirty
consecutive
calendar
22
days
and
the
third
party
has
previously
failed
under
the
23
contract
to
comply
with
this
section.
If
the
library
provider
24
owes
less
than
ten
percent
of
the
contract’s
total
value,
the
25
third
party
shall
waive
further
payment
and
return
an
amount
26
equal
to
the
difference
between
the
waived
payments
and
ten
27
percent
of
the
contract’s
total
value
to
the
library
provider.
28
(c)
A
clause
that
requires
the
contract
to
terminate
and
29
for
the
third
party
to
refund
all
paid
amounts
to
the
library
30
provider
if
the
third
party
fails
to
comply
with
this
section
31
for
thirty
consecutive
calendar
days
and
the
third
party
has
32
previously
failed
under
the
contract
to
comply
with
this
33
section
two
or
more
times.
34
(2)
Prior
to
withholding
any
payment
under
subparagraph
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(1),
a
library
provider
shall
provide
all
of
the
following
to
1
the
third
party:
2
(a)
Written
notice
of
the
violation,
including
the
nature
3
of
the
noncompliance;
identification
of
the
child
pornography,
4
hard-core
pornography,
obscene
material,
materials
that
relate
5
to
the
use
of
a
controlled
substance,
or
visual
depiction
of
a
6
minor;
and
how
the
child
pornography,
hard-core
pornography,
7
obscene
material,
materials
that
relate
to
the
use
of
a
8
controlled
substance,
or
visual
depiction
of
a
minor
was
9
accessed.
10
(b)
Thirty
consecutive
calendar
days
from
the
date
the
11
library
provider
provided
written
notice
of
the
third
party’s
12
noncompliance
for
the
third
party
to
present
evidence
that
the
13
third
party
is
compliant
or
to
cure
the
noncompliance.
14
(c)
After
thirty
consecutive
calendar
days
from
the
date
the
15
library
provider
provided
written
notice
of
the
third
party’s
16
noncompliance,
the
opportunity
for
the
third
party
to
seek
17
judicial
determination
of
the
third
party’s
contractual
rights
18
in
a
court
of
competent
jurisdiction.
19
3.
A
library
provider
shall
report
a
third
party’s
failure
20
to
comply
with
this
section
to
the
attorney
general
no
later
21
than
thirty
consecutive
calendar
days
from
the
date
the
library
22
provider
learned
of
the
third
party’s
noncompliance.
A
report
23
made
under
this
subsection
shall
be
a
public
record.
24
4.
The
attorney
general
shall
investigate
and
enforce
25
compliance
of
this
section.
26
Sec.
3.
NEW
SECTION
.
73B.3
Limitations
on
liability.
27
This
chapter
shall
not
apply
in
any
of
the
following
28
circumstances:
29
1.
To
a
service
provider
unless
the
service
provider
was
30
directly
providing
a
digital
library
service.
31
2.
To
digital
library
services
used
by
a
student
enrolled
in
32
an
institution
of
higher
education
governed
by
the
state
board
33
of
regents
or
a
community
college
as
defined
in
section
260C.2,
34
including
dual-enrolled
students.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
policies
and
protection
measures
a
4
library
provider
(provider)
or
third
party
contracting
with
5
a
provider
must
take
if
the
provider
or
third
party
offers
6
digital
library
services.
7
The
bill
defines
“digital
library
service”
as
a
service
that
8
provides
access
to
digital
content
enabling
users
to
find,
9
retrieve,
and
use
library
functions
including
but
not
limited
10
to
book
checkouts,
online
searches
of
databases,
access
to
11
online
portals,
and
remote
access
to
learning
and
research
12
tools.
13
The
bill
defines
“library
provider”
as
the
state,
a
state
14
agency,
a
city
that
has
established
a
library
by
ordinance,
a
15
library
district,
a
public
school,
or
a
nonpublic
school.
16
The
bill
also
defines
“child
pornography”,
“controlled
17
substance”,
“hard-core
pornography”,
“minor”,
“nonpublic
18
school”,
“obscene
material”,
“public
school”,
“service
19
provider”,
and
“visual
depiction
of
a
minor”.
20
The
bill
prohibits
a
provider
from
offering
a
digital
21
library
service
to
a
minor
unless
the
provider
adopts
policies
22
and
protection
measures
that
block,
prohibit,
and
prevent
a
23
minor
from
sending,
receiving,
viewing,
or
downloading
child
24
pornography,
hard-core
pornography,
obscene
material,
materials
25
that
relate
to
the
use
of
a
controlled
substance,
and
visual
26
depictions
of
a
minor.
If
a
provider
contracts
with
a
third
27
party
to
offer
digital
library
services,
the
third
party
28
must
adopt
policies
and
measures
as
if
the
third
party
is
a
29
provider.
30
The
bill
requires
a
provider
contracting
with
a
third
party
31
for
a
digital
library
service
to
ensure
the
contract
contains
32
certain
clauses
related
to
the
consequences
of
the
third
33
party’s
failure
to
adopt
the
required
policies
and
protection
34
measures,
the
amount
of
time
the
third
party
has
to
fix
a
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2177
failure
or
prove
an
act
was
not
a
failure,
the
notice
the
1
provider
must
provide
to
the
third
party
relating
to
the
third
2
party’s
failure,
and
the
third
party’s
right
to
seek
judicial
3
determination.
4
The
bill
requires
a
provider
to
report
a
third
party’s
5
failure
to
comply
with
the
bill
to
the
attorney
general
no
6
later
than
30
consecutive
calendar
days
from
the
date
the
7
provider
learned
of
the
third
party’s
noncompliance.
A
report
8
made
in
this
way
shall
be
a
public
record.
9
The
bill
requires
the
attorney
general
to
investigate
and
10
enforce
compliance
with
the
bill’s
provisions.
11
The
bill
does
not
apply
to
a
service
provider,
unless
the
12
service
provider
was
directly
providing
a
digital
library
13
service,
and
the
bill
does
not
apply
to
digital
library
14
services
used
by
a
student
enrolled
in
an
institution
of
higher
15
education
governed
by
the
state
board
of
regents
or
a
community
16
college,
including
dual-enrolled
students.
17
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