Senate File 207 - Introduced SENATE FILE 207 BY ALONS A BILL FOR An Act relating to civil liability for certain commercial 1 entities who publish or distribute obscene material on the 2 internet. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1708XS (12) 91 dg/jh
S.F. 207 Section 1. NEW SECTION . 554I.1 Definitions. 1 For purposes of this chapter: 2 1. Covered platform means a commercial entity for which it 3 is in the regular course of the trade or business of the entity 4 to create, host, or make available, on the internet, obscene 5 material provided by the entity, a user, or other information 6 content provider. 7 2. Identifying information means any representation of 8 information that permits the identity of an individual to whom 9 the information applies to be reasonably inferred by either 10 direct or indirect means. 11 3. Information content provider means the same as defined 12 in 47 U.S.C. 230. 13 4. Interactive computer service means the same as defined 14 in 47 U.S.C. 230. 15 5. Obscene material means the same as defined in section 16 728.1. 17 6. Provider means an internet service provider, cloud 18 service provider, wireless service provider, internet search 19 engine, or an affiliate or subsidiary of an internet service 20 provider, cloud service provider, wireless service provider, or 21 internet search engine. 22 7. Reasonable age verification means verifying the age of 23 an individual by using any of the following methods: 24 a. Government-issued identification. 25 b. Financial documents or other documents that are reliable 26 proxies for age. 27 c. Any other commercially reasonable and reliable method. 28 Sec. 2. NEW SECTION . 554I.2 Publication and distribution 29 of obscene material on the internet age verification civil 30 liability. 31 1. A covered platform shall be held liable if the covered 32 platform fails to perform reasonable age verification of 33 individuals attempting to access obscene material published 34 or distributed by the covered platform and the failure allows 35 -1- LSB 1708XS (12) 91 dg/jh 1/ 4
S.F. 207 access by a minor to the obscene material. 1 2. Reasonable age verification required under subsection 1 2 may be conducted by a third party and may employ cryptographic 3 techniques such as zero knowledge proofs to preserve anonymity 4 and protect privacy. 5 3. a. A covered platform or third party that performs the 6 reasonable age verification required under subsection 1 shall 7 not retain an individuals identifying information after the 8 covered platform or third party completes the individuals 9 reasonable age verification. 10 b. A covered platform or third party that performs the 11 reasonable age verification required under subsection 1 shall 12 not distribute, sell, or otherwise disseminate an individuals 13 identifying information obtained through the covered platforms 14 or third partys performance of reasonable age verification. 15 4. A covered platform that violates subsection 1 shall be 16 subject to punitive damages resulting from the violation, plus 17 reasonable attorney fees and costs. Punitive damages shall not 18 exceed triple the aggregate amount of a plaintiffs reasonable 19 attorney fees and costs. 20 5. A covered platform or third party that violates 21 subsection 3 shall be subject to punitive damages and actual 22 damages resulting from the violation, plus reasonable attorney 23 fees and costs. Punitive damages shall not exceed triple the 24 aggregate amount of a plaintiffs reasonable attorney fees and 25 costs. 26 Sec. 3. NEW SECTION . 554I.3 Limitations on liability. 27 1. a. This chapter shall not be construed to impose 28 liability on a user of an interactive computer service on the 29 internet. 30 b. This chapter shall not be construed to impose liability 31 on a provider solely for providing access or connection to a 32 covered platform, or to obscene material on an internet site 33 or in a facility, system, or network not under the providers 34 control to the extent the provider is not responsible for 35 -2- LSB 1708XS (12) 91 dg/jh 2/ 4
S.F. 207 the creation of the obscene material. For purposes of this 1 paragraph, access or connection includes but is not limited to 2 transmitting, downloading, providing intermediate storage for, 3 and providing access software for data. 4 2. The requirements of this chapter shall be enforced 5 exclusively through private civil actions. No direct or 6 indirect enforcement of this chapter may be taken or threatened 7 by the state or any political subdivision thereof. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanations substance by the members of the general assembly. 11 This bill creates civil liability for certain commercial 12 entities who publish or distribute certain material on the 13 internet. 14 The bill defines covered platform, identifying 15 information, information content provider, interactive 16 computer service, obscene material, provider, and 17 reasonable age verification. 18 The bill makes a covered platform liable if the covered 19 platform fails to perform reasonable age verification of 20 individuals attempting to access obscene material published 21 or distributed by the covered platform and the failure 22 allows access by a minor to the obscene material. Reasonable 23 age verification includes the use of government-issued 24 identification, financial documents or other documents that 25 are reliable proxies for age, or any other commercially 26 reasonable and reliable method. Reasonable age verification 27 may be conducted by a third party, and the bill permits the 28 use of cryptographic techniques to preserve anonymity and 29 protect privacy. A covered platform or third party that 30 performs required reasonable age verification is prohibited 31 from retaining an individuals identifying information after 32 completing the individuals reasonable age verification, and 33 from distributing, selling, or disseminating an individuals 34 identifying information obtained through the performance of 35 -3- LSB 1708XS (12) 91 dg/jh 3/ 4
S.F. 207 reasonable age verification. A covered platform or third 1 party is subject to punitive and actual damages resulting from 2 a minors access to obscene material, from the distribution, 3 sale, or other dissemination of an individuals identifying 4 information obtained through the performance of reasonable age 5 verification, or from the retention of identifying information, 6 plus reasonable attorney fees and costs. 7 Punitive damages for a violation of the bills provisions 8 cannot exceed triple the aggregate amount of a plaintiffs 9 reasonable attorney fees and costs. 10 The bills provisions are not to be construed as to impose 11 civil liability on a user of an interactive computer service on 12 the internet. 13 The bills provisions are not to be construed as to 14 impose liability on a provider solely for providing access 15 or connection to a covered platform, or to obscene material 16 on an internet site or in a facility, system, or network not 17 under the providers control to the extent the provider is not 18 responsible for the creation of the obscene material. 19 The bill may be enforced exclusively through private 20 civil actions, and the state and political subdivisions are 21 prohibited from enforcing the provisions of the bill. 22 -4- LSB 1708XS (12) 91 dg/jh 4/ 4