Summary
H.S.B. 523 is an HTPA bill that bars the manufacture, sale, offer for sale, lease or other distribution of any device that makes content accessible on the internet unless the device has active and properly operating filtering software that blocks access to obscene for minors material, “revenge pornography” and any website that facilitates or promote prostitution or human trafficking.
“Revenge porn” is defined as dissemination of any nude image without the consent of the person in the image. Nudity is defined as less than completely and opaquely covered pubic region, buttock or female breast.
The filtering software can only be deactivated by an adult who goes through a four step process:
- The adult makes a written request;
- Presents identification proving he or she is 18 or older;
- The manufacturer or distributor provides a written warning of the potential dangers of deactivating the filtering software that the consumer must acknowledge receiving; and
- Pays a $20 “access” fee.
It is an aggravated misdemeanor if the device does not come with filtering software activated on the phone or the manufacturer or distributor deactivates the software in any manner other than the deactivation process. Any violation is also subject to a civil suit by the consumer and the attorney general may seek injunctive relief.
The manufacturer or distributor must make reasonable and ongoing efforts to ensure the filter is working properly. This includes distributing monthly updates to the software.
The manufacturer or distributor must also create a website, call center or other reporting mechanism to allow a person to report over blocking or under blocking. All such reports must be investigated within 30 days. The reporting party or attorney general can sue for damages of up to $500 for each image, video or audio depiction or website plus legal fees and costs.
Status
The Iowa legislature has adjourned its session. The bill died in committee.
Analysis
For more information on HTPA bills and why they are unconstitutional, visit our page on them.
History
- The bill was introduced on January 10, 2018, and referred to the Committee on Public Safety.
- The Iowa legislature has adjourned its session.