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H.B. 139
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WIRELESS INTERNET ACCESS
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REQUIREMENTS
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2008 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Bradley M. Daw
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Senate Sponsor:
____________
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LONG TITLE
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General Description:
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This bill addresses the sale of devices capable of wirelessly accessing the Internet and
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the maintenance of a public wireless network.
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Highlighted Provisions:
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This bill:
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. makes it a violation of Title 13, Chapter 11, Utah Consumer Sales Practices Act, to
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sell a device capable of wirelessly accessing the Internet without labeling the device
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to reflect that fact;
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. defines terms;
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. requires a person maintaining a public wireless network to attempt to restrict access
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to a minor;
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. provides for a civil penalty against a person who does not restrict access to a public
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wireless network if a minor accesses material harmful to minors through that
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network; and
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. provides for enforcement by the Division of Consumer Protection.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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13-11-24, Utah Code Annotated 1953
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13-46-101, Utah Code Annotated 1953
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13-46-102, Utah Code Annotated 1953
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13-46-201, Utah Code Annotated 1953
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13-46-301, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
13-11-24
is enacted to read:
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13-11-24. Labeling wireless devices.
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It is a violation of this chapter for a retailer to sell a device that is capable of wirelessly
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accessing the Internet without the device or the device's retail packaging being labeled with a
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notice that the device is capable of wirelessly accessing the Internet.
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Section 2.
Section
13-46-101
is enacted to read:
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CHAPTER 46. WIRELESS INTERNET ACCESS ACT
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Part 1. General Provisions
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13-46-101. Title.
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This chapter is known as the "Wireless Internet Access Act."
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Section 3.
Section
13-46-102
is enacted to read:
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13-46-102. Definitions.
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As used in this chapter:
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(1) "Communication" means the transmission of data using Internet Protocol or
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Transmission Control Protocol, or a successor protocol for transmitting Internet content.
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(2) "Harmful to minors" is as defined in Section
76-10-1201
.
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(3) "Minor" means a person who is under the age of 17.
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(4) "Restrict access" means to use a reasonable method for ascertaining the age of a
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person using wireless Internet access or preventing the display of material harmful to minors
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over the wireless local area network, including:
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(a) visually inspecting a government-issued identification document; or
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(b) requiring the provision of a valid credit card number.
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(5) "Wireless Internet access" means wireless access allowing the user to receive
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Internet communication.
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Section 4.
Section
13-46-201
is enacted to read:
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Part 2. Public Access to Wireless Network
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13-46-201. Restricting access to wireless network.
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(1) A person may not provide wireless Internet access to the public unless the person
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restricts access to prevent a minor from accessing material harmful to minors.
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(2) A person who fails to utilize measures designed to restrict access to prevent a minor
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from accessing material harmful to minors violates this chapter if a minor accesses material
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harmful to minors.
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(3) This section does not apply to a person who maintains a wireless network within
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the person's private residence to provide personal wireless Internet access.
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Section 5.
Section
13-46-301
is enacted to read:
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Part 3. Enforcement
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13-46-301. Civil penalty.
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(1) A person who violates this chapter is subject to a civil fine not to exceed $1,000 for
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each violation of this chapter and $25,000 in the aggregate.
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(2) The Division of Consumer Protection shall enforce this chapter.
Legislative Review Note
as of 1-21-08 7:28 AM