Relating to policies and protection measures a library provider or third party contracting with a library provider must take if the library provider or third party offers digital library services

The bill defines “library provider” as the state, a state agency, a city that has established a library by ordinance, a library district, a public school, or a nonpublic school. The bill also defines “child pornography”, “controlled substance”, “hard-core pornography”, “minor”, “nonpublic school”, “obscene material”, “public school”, “service provider”, and “visual depiction of a minor”. The bill prohibits a provider from offering a digital library service to a minor unless the provider adopts policies and protection measures that block, prohibit, and prevent a minor from sending, receiving, viewing, or downloading child pornography, hard-core pornography, obscene material, materials that relate to the use of a controlled substance, and visual depictions of a minor. If a provider contracts with a third party to offer digital library services, the third party must adopt policies and measures as if the third party is a provider. The bill requires a provider contracting with a third party for a digital library service to ensure the contract contains certain clauses related to the consequences of the third party’s failure to adopt the required policies and protection measures, the amount of time the third party has to fix a failure or prove an act was not a failure, the notice the provider must provide to the third party relating to the third party’s failure, and the third party’s right to seek judicial determination. The bill requires a provider to report a third party’s failure to comply with the bill to the attorney general no later than consecutive calendar days from the date the provider learned of the third party’s noncompliance. A report made in this way shall be a public record. The bill requires the attorney general to investigate and enforce compliance with the bill’s provisions. The bill does not apply to a service provider, unless the service provider was directly providing a digital library service, and the bill does not apply to digital library services used by a student enrolled in an institution of higher education governed by the state board of regents or a community college, including dual-enrolled students.