What changed in HF 864

3 passages reworded, 41 added and 37 removed; 15 of 96 unchanged.

Removed AddedIntroduced textText as passedAmendments

Compares wording only. The printed bills also mark changes to existing law with strikes and underlines, which aren’t shown here.

Section 1.

NEW SECTION. 554I.1 554J.1 Definitions. For purposes of this chapter:

1.

a. “Covered platform” means a commercial entity for which it is in the regular course of the trade or business of the entity to create, host, or make available, on the internet, obscene material provided by the entity, a user, or other information content provider.

b. For purposes of this subsection, the presence alone of obscene material on a commercial entity’s internet site shall not be construed to mean that the commercial entity’s regular course of trade or business is creating, hosting, or making available obscene material on the internet. When determining whether a commercial entity’s regular course of trade or business is creating, hosting, or making available obscene material on the internet, a court shall consider all of the following:

(1) The amount of data that constitutes obscene material on the commercial entity’s internet site.

(2) The amount of data that constitutes obscene material on the commercial entity’s internet site in proportion to the total amount of data on the commercial entity’s internet site.

(3) The amount of user traffic to obscene material on the commercial entity’s internet site.

(4) The amount of user traffic to obscene material on the commercial entity’s internet site in proportion to all user traffic on the commercial entity’s internet site.

(5) The amount of revenue the commercial entity obtains from obscene material on the commercial entity’s internet site.

(6) The amount of revenue the commercial entity generates from obscene material on the commercial entity’s internet site in proportion to all revenues the commercial entity generates.

(7) Any other factor the court deems relevant.

1. “Application” means a software application or electronic service that a user may run or direct on a mobile device.

2. “Identifying information” means any representation of information that permits the identity of an individual to whom the information applies to be reasonably inferred by either direct or indirect means.

2. “Commercial entity” means a legally recognized business entity.

3. “Information content provider” means the same as defined in 47 U.S.C. §230.

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.

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.

5. “Obscene material” means the same as defined in section 728.1.

c. The material or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

6. 9. “Provider” means all of the following:

a. An internet service provider.

g. A cable service as defined in 47 U.S.C. §522.

h. An affiliate or a subsidiary of an entity listed in paragraph paragraphs “a” through “g”.

7. “Reasonable age verification” means verifying the age of an individual by using any of the following methods:

a. Government-issued identification.

b. Financial documents or other documents that are reliable proxies for age.

10. “Substantial portion” means thirty-three percent or more of the total amount of data publicly available on an internet site or application.

c. Any other commercially reasonable and reliable method.

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. 554I.2 Publication and distribution of obscene material on the internet —— age verification —— civil liability.

NEW SECTION. 554J.2 Age verification.

1. A covered platform shall be held liable if the covered platform fails to perform reasonable age verification of individuals attempting to access obscene material published or distributed by the covered platform.

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 required under subsection 1 may be performed by a third party subject to state jurisdiction, and may employ cryptographic techniques such as zero knowledge proofs to preserve anonymity and protect privacy.

2. Reasonable age verification shall include any of the following:

3.

a. Requiring an individual to provide digital identification.

a. A covered platform or third party that performs the reasonable age verification required under subsection 1 shall not retain an individual’s identifying information after the covered platform or third party completes the individual’s reasonable age verification.

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.

b. A covered platform or third party that performs the reasonable age verification required under subsection 1 shall not distribute, sell, or otherwise disseminate an individual’s identifying information obtained through the covered platform’s or third party’s performance of reasonable age verification.

c. A method approved by the attorney general by rule.

4. A covered platform that violates subsection 1 shall be subject to punitive damages resulting from the violation, plus reasonable attorney fees and costs. Punitive damages shall not exceed triple the aggregate amount of a plaintiff’s reasonable attorney fees and costs.

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.

5. A covered platform or third party that violates subsection 3 shall be subject to punitive damages and actual damages resulting from the violation, plus reasonable attorney fees and costs. Punitive damages shall not exceed triple the aggregate amount of a plaintiff’s reasonable attorney fees and costs.

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. 554I.3 Enforcement —— penalties.

1. If the attorney general has reasonable belief that a covered platform, or third party performing reasonable age verification, is in violation of this chapter, the attorney general has the sole authority to bring civil action to provide for all of the following:

a. Enjoinment of further violations by the covered platform or third party performing reasonable age verification.

NEW SECTION. 554J.3 Limitations.

b. Enforcement of compliance with this chapter.

1. This chapter shall not apply to any of the following:

c. Assessment of civil penalties in an amount not more than ten thousand dollars for each violation of this chapter.

a. A bona fide news or public interest broadcast, news recording, report, or event.

d. Other remedies permitted under law.

b. A news-gathering organization.

2. If the attorney general has reasonable belief that a covered platform, or third party performing reasonable age verification, is in violation of an injunction issued under this section, the attorney general has the sole authority to bring civil action to provide for civil penalties in an amount not more than one hundred thousand dollars.

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.

3. An individual that has knowledge of a violation of this chapter may report the violation to the attorney general.

2. This chapter shall not be construed to impose liability on a user of an interactive computer service on the internet.

4. The attorney general shall establish an electronic reporting system for the submission of reports pursuant to this section.

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.

NEW SECTION. 554I.4 Limitations on liability.

Sec.

1. This chapter shall not be construed to impose liability on a user of an interactive computer service on the internet.

5.

2. This chapter shall not be construed to impose liability on a provider solely for providing access or connection to a covered platform, or to obscene material on an internet site or in a facility, system, or network 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.

NEW SECTION. 554J.5 Rules. The attorney general shall adopt rules pursuant to chapter 17A to implement and administer this chapter.