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Utah's Child Protection Email Address Registry Law - Full Text

Utah's Child Protection Email Address Registry Law

Full Text


H.B. 165 Enrolled

                 

		 CHILD PROTECTION REGISTRY
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Michael R. Styler

LONG TITLE
General Description:
    This bill enacts provisions within the Commerce
and Trade Code related to a child
protection registry.
Highlighted Provisions:
    This bill:
    .    defines terms;
    .    requires the Division of Consumer
Protection to establish a registry of contact points
for minors;
    .    prohibits a person from sending certain
materials to a registered contact point; and
    .    provides criminal, administrative, and
civil penalties.
Monies Appropriated in this Bill:
    None
Other Special Clauses:
    This bill takes effect on July 1, 2005.
Utah Code Sections Affected:
ENACTS:
    13-39-101, Utah Code Annotated 1953
    13-39-102, Utah Code Annotated 1953
    13-39-201, Utah Code Annotated 1953
    13-39-202, Utah Code Annotated 1953
    13-39-203, Utah Code Annotated 1953
    13-39-301, Utah Code Annotated 1953
    13-39-302, Utah Code Annotated 1953
    13-39-303, Utah Code Annotated 1953
    13-39-304, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of
Utah:
    Section 1. Section 13-39-101 is enacted to read:
CHAPTER 39. CHILD PROTECTION REGISTRY
Part 1. General Provisions
    13-39-101. Title.
    This chapter is known as the "Child Protection
Registry."
    Section 2. Section 13-39-102 is enacted to read:
    13-39-102. Definitions.
    As used in this chapter:
    (1) "Contact point" means an electronic
identification to which a communication may be
sent, including:
    (a) an email address; or
    (b) subject to Subsection 13-39-201 (2):
    (i) an instant message identity, subject to
rules made by the division under Subsection
13-39-203 (1);
    (ii) a telephone number;
    (iii) a facsimile number; or
    (iv) an electronic address:
    (A) similar to a contact point listed in this
Subsection (1); and
    (B) defined as a contact point by rule made by
the division under Subsection
13-39-203 (1).
    (2) "Division" means the Division of Consumer
Protection in the Department of
Commerce.
    (3) "Registry" means the child protection
registry established in Section 13-39-201 .
    Section 3. Section 13-39-201 is enacted to read:

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Part 2. Operation of the Child Protection Registry
    13-39-201. Establishment of child protection
registry.
    (1) The division shall:
    (a) establish and operate a child protection
registry to compile and secure a list of contact
points the division has received pursuant to this
section; or
    (b) contract with a third party to establish and
secure the registry described in Subsection
(1)(a).
    (2) (a) The division shall implement the
registry described in this section with respect to
email addresses beginning on July 1, 2005.
    (b) The division shall implement the registry
described in this section with respect to
instant message identities after:
    (i) the division has determined to the
satisfaction of the division the security of the
registry described in this section with respect to
email addresses; and
    (ii) the division has reported to the Public
Utilities and Technology Interim Committee the
intention of the division to implement the registry
described in this sectionn with respect to
telephone numbers, facsimile numbers, and electronic
addresses described in Subsection
13-39-102 (1)(b)(iv) after:
    (i) the division has determined to the
satisfaction of the division the security of the
registry described in this section with respect to
instant message identities; and
    (ii) the division has reported to the Public
Utilities and Technology Interim Committee the
intention of the division to implement the registry
described in this section with respect to
telephone numbers, facsimile numbers, and electronic
addresses described in Subsection
13-39-102 (1)(b)(iv).
    (3) (a) A person may register a contact point
with the division pursuant to rules
established by the division under Subsection
13-39-203 (1) if:
    (i) the contact point belongs to a minor; or

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    (ii) a minor has access to the contact point.
    (b) A school or other institution that primarily
    serves minors may register its domain
name with the division pursuant to rules made by the
    division under Subsection 13-39-203 (1).
    (c) The division shall provide a disclosure to a
    person who registers a contact point under
this section that reads: "No solution is completely
    secure. The most effective way to protect
children on the Internet is to supervise use and
    review all email messages and other
correspondence. Under law, theft of a contact point
    from the Child Protection Registry is a class
B felony. While every attempt will be made to secure
    the Child Protection Registry, registrants
and their guardians should be aware that their
    contact points may be at a greater risk of being
misappropriated by marketers who choose to disobey
    the law."
    (4) A person desiring to send a communication
    described in Subsection 13-39-202 (1) to a
contact point or domain shall:
    (a) use a mechanism established by rule made by
    the division under Subsection
13-39-203 (2); and
    (b) pay a fee for use of the mechanism described
    in Subsection (4)(a) determined by the
division in accordance with Section 63-38-3.2 .
    Section 4. Section 13-39-202 is enacted to read:
    13-39-202. Prohibition of sending certain
    materials to a registered contact point.
    (1) A person may not send, cause to be sent, or
    conspire with a third party to send a
communication to a contact point or domain that has
    been registered for more than 30 calendar
days with the division under Section 13-39-201 if
    the communication:
    (a) advertises a product or service that a minor
    is prohibited by law from purchasing; or
    (b) contains or advertises material that is
    harmful to minors, as defined in Section
76-10-1201 .
    (2) The consent of a minor is not a defense to a
    violation of this section.
    (3) An Internet service provider does not
    violate this section for solely transmitting a
message across the network of the Internet service
    provider.
    Section 5. Section 13-39-203 is enacted to read:

- 4 -
    13-39-203. Rulemaking authority.
    In accordance with Title 63, Chapter 46a, Utah
    Administrative Rulemaking Act, the
division shall make rules to establish procedures
    under which:
    (1) (a) a person may register a contact point
    with the division under Section 13-39-201 ,
including:
    (i) the information necessary to register an
    instant message identity; and
    (ii) for purposes of Subsection 13-39-102
    (1)(b)(iv), an electronic address that is
    similar to
a contact point listed in Subsection 13-39-102 (1);
    and
    (b) a school or other institution that primarily
    serves minors may register its domain name
with the division under Section 13-39-201 ; and
    (2) the division shall:
    (a) provide a mechanism under which a person
    described in Subsection 13-39-201 (4) may
verify compliance with the registry to remove
    registered contact points from the person's
communications; and
    (b) establish the mechanism described in
    Subsection (2)(a) in a manner that protects the
privacy and security of a contact point registered
    with the division under Section 13-39-201 .
    Section 6. Section 13-39-301 is enacted to read:
Part 3. Enforcement
    13-39-301. Criminal penalty.
    (1) A person who violates Section 13-39-202
    commits a computer crime and:
    (a) is guilty of a class B misdemeanor for a
    first offense with respect to a contact point
registered with the division under Subsection
    13-39-201 (3)(a); and
    (b) is guilty of a class A misdemeanor:
    (i) for each subsequent violation with respect
    to a contact point registered with the
division under Subsection 13-39-201 (3)(a); or
    (ii) for each violation with respect to a domain
    name registered with the division under
Subsection 13-39-201 (3)(b).
    (2) A person commits a computer crime and is
    guilty of a second degree felony if the

- 5 -
person:
    (a) uses information obtained from the division
under this chapter to violate Section
13-39-202 ;
    (b) improperly:
    (i) obtains contact points from the registry; or
    (ii) attempts to obtain contact points from the
registry; or
    (c) uses, or transfers to a third party to use,
information from the registry to send a
solicitation.
    (3) A criminal conviction or penalty under this
section does not relieve a person from civil
liability in an action under Section 13-39-302 .
    (4) Each communication sent in violation of
Section 13-39-202 is a separate offense
under this section.
    Section 7. Section 13-39-302 is enacted to read:
    13-39-302. Civil action for violation.
    (1) For a violation of Section 13-39-202 , an
action may be brought by:
    (a) a user of a contact point or domain name
registered with the division under Section
13-39-201 ; or
    (b) a legal guardian of a user described in
Subsection (1)(a).
    (2) In each action under Subsection (1):
    (a) a person described in Subsection (1) may
recover the greater of:
    (i) actual damages; or
    (ii) $1,000 for each communication sent in
violation of Section 13-39-202 ; and
    (b) the prevailing party shall be awarded costs
and reasonable attorney fees.
    Section 8. Section 13-39-303 is enacted to read:
    13-39-303. Administrative enforcement.
    (1) The division shall:
    (a) investigate violations of this chapter; and
    (b) assess cease and desist orders and
administrative fines under this section for
violations

- 6 -
of this chapter.
    (2) A person who violates this chapter is
subject to:
    (a) a cease and desist order; and
    (b) an administrative fine of not more than
$2,500 for each separate communication sent
in violation of Section 13-39-202 .
    (3) (a) A person who intentionally violates this
chapter is subject to an administrative fine
of not more than $5,000 for each communication
intentionally sent in violation of Section
13-39-202 .
    (b) For purposes of this section, a person
intentionally violates this chapter if the violation
occurs after the division, attorney general, or a
district or county attorney notifies the person by
certified mail that the person is in violation of
this chapter.
    (4) All administrative fines collected under
this section shall be deposited in the Consumer
Protection Education and Training Fund created in
Section 13-2-8 .
    Section 9. Section 13-39-304 is enacted to read:
    13-39-304. Defenses.
    It is a defense to an action brought under this
chapter that a person:
    (1) reasonably relied on the mechanism
established by the division under Subsection
13-39-203 (2); and
    (2) took reasonable measures to comply with this
chapter.
    Section 10. Effective date.
    This bill takes effect on July 1, 2005.


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