Second Substitute H.B. 407

Representative Michael T. Morley proposes the following substitute bill:

1 COMMUNITY CONSCIOUS INTERNET
2 PROVIDER
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Michael T. Morley
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill provides for the creation of a Community Conscious Internet Provider
11 designation for Internet service providers.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . requires the Division of Consumer Protection to establish a Community Conscious
16 Internet Provider designation for Internet service providers;
17 . provides requirements for being designated as a Community Conscious Internet
18 Provider;
19 . addresses the duration and renewal of the Community Conscious Internet Provider
20 designation; and
21 . provides for a civil fine for certain violations.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None

26 Utah Code Sections Affected:
27 ENACTS:
28 13-46-101, Utah Code Annotated 1953
29 13-46-102, Utah Code Annotated 1953
30 13-46-201, Utah Code Annotated 1953
31 13-46-202, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 13-46-101 is enacted to read:
35 13-46-101. Title.
36 This chapter is known as the "Community Conscious Internet Provider Act."
37 Section 2. Section 13-46-102 is enacted to read:
38 13-46-102. Definitions.
39 As used in this chapter:
40 (1) "Allocated" or "allocation" refers to the distribution, delegation, lease, license, or
41 other authorization to a person of the right to use an IP address.
42 (2) "Cache" means to utilize a process to duplicate a communication on the Internet in
43 another location other than the communication's origin.
44 (3) "Division" means the Division of Consumer Protection.
45 (4) "Internet protocol" means a data-oriented protocol used for communicating data
46 across a packet-switched network.
47 (5) "Internet service provider" means a person who provides:
48 (a) Internet access;
49 (b) equipment for hosting or publishing content on the Internet; or
50 (c) a location on the Internet for a customer.
51 (6) "IP address" means a number that uniquely identifies a device connected to a
52 computer network based on the Internet protocol.
53 (7) "Link" means to functionally integrate a communication into an Internet location,
54 allowing a person to easily move to another Internet location.
55 (8) "Prohibited communication" means a communication that is:
56 (a) pornographic under Section 76-10-1203 ; or

57 (b) harmful to minors under Section 76-10-1206 .
58 (9) "Proxy" means a process allowing an Internet communication to be processed by an
59 intermediary to:
60 (a) mask the identity of a person using the Internet; or
61 (b) permit access to a port for which access is otherwise blocked for the person using
62 the Internet.
63 (10) "Published" or "publishing" means to broadcast, post, link, cache, or use an IP
64 address to make a proxy or communication.
65 Section 3. Section 13-46-201 is enacted to read:
66 13-46-201. Community Conscious Internet Provider -- Requirements --
67 Application -- Renewal.
68 (1) The Division of Consumer Protection shall create a Community Conscious Internet
69 Provider designation, including a seal, that may be used in promotional and other materials by
70 an Internet service provider that is awarded the Community Conscious Internet Provider
71 designation under this section.
72 (2) The division shall award the Community Conscious Internet Provider designation
73 to an Internet service provider that:
74 (a) completes an application created by the division; and
75 (b) agrees to:
76 (i) prohibit its customers by contract from publishing any prohibited communication;
77 (ii) remove or prevent access to any prohibited communication published by or
78 accessed using the Internet service provider's service within a reasonable time after the Internet
79 service provider learns of the prohibited communication;
80 (iii) comply with any court order concerning the removal of a prohibited
81 communication;
82 (iv) maintain a record for two years following its allocation of an IP address of the IP
83 address, the date and time of the allocation, and the customer to whom the IP address is
84 allocated;
85 (v) cooperate with any law enforcement agency by providing records sufficient to
86 identify a customer if the law enforcement agency requests the information and supplies
87 reasonable proof that a crime has been committed using the Internet service provider's service;

88 (vi) respond to the division, a law enforcement agency, or customer who complains of
89 a prohibited communication published by or accessible using the Internet service provider's
90 service; and
91 (vii) provide information concerning the Internet service provider's compliance with
92 this section promptly upon request by the division.
93 (3) An Internet service provider that is awarded the Community Conscious Internet
94 Provider designation shall require its customers to enter into an agreement providing that:
95 (a) publishing a prohibited communication is prohibited; and
96 (b) the Internet service provider will:
97 (i) remove or prevent access to a prohibited communication of which it is aware;
98 (ii) comply with a court order ordering the removal of a prohibited communication;
99 (iii) maintain a record for two years following its allocation of an IP address of the IP
100 address, the date and time of the allocation, and the customer to whom the IP address is
101 allocated;
102 (iv) cooperate with any law enforcement agency by providing records sufficient to
103 identify a customer if the law enforcement agency requests the information and supplies
104 reasonable proof that a crime has been committed using the Internet service provider's service;
105 and
106 (v) respond to the division, a law enforcement agency, or customer who complains of a
107 prohibited communication published by or accessible using the Internet service provider's
108 service.
109 (4) A Community Conscious Internet Provider designation awarded under this section:
110 (a) is valid for one year from the day on which the designation is awarded; and
111 (b) may be renewed by filing an application for renewal provided by the division and
112 remaining in compliance with Subsections (2) and (3).
113 (5) The division shall provide an application form and information concerning the
114 Community Conscious Internet Provider designation on the division's Internet website and at
115 the division's office.
116 Section 4. Section 13-46-202 is enacted to read:
117 13-46-202. Penalties.
118 An Internet service provider is liable for an administrative fine not to exceed $10,000

119 if:
120 (1) the Internet service provider violates an agreement entered into under Section
121 13-46-201 ; and
122 (2) the division receives a complaint concerning the violation of the agreement.