1st Sub. H.B. 71
         DISTRIBUTION OF INTIMATE IMAGES

Senate Floor Amendments

Amendment 8 February 27, 2014 1:20 PM



Senator Stephen H. Urquhart proposes the following amendments:

1.    Page 3, Line 75 through Page 3a, Line 78u
    House Floor Amendments
    2-14-2014 :
    

             75          H.
{   [(4) This section does not impose liability on an interactive computer service, as defined

             76      in 47 U.S.C. Sec. 230(f)(2), an information service, as defined in 47 U.S.C. Sec. 153, or a
             77      telecommunication service, as defined by Section 76-6-409.5 , for content that any of these
             78      entities provide to another person.]
             78a           (4) (a) This section does not apply to an Internet service provider, as defined in Section
             78b      76-10-1230, if:
             78c          (i) the distribution of an intimate image by the Internet service provider occurs only
             78d      incidentally through the Internet service provider's function of:
             78e          (A) transmitting or routing data from one person to another person; or
             78f          (B) providing a connection between one person and another person;
             78g          (ii) the Internet service provider does not intentionally aid or abet in the distribution of
             78h      an intimate image; and
             78i          (iii) the Internet service provider does not knowingly receive funds from or through a
             78j      person who distributes an intimate image in exchange for permitting the person to              78k      distribute an intimate image.  
}

             78l          
{   (b) This section does not apply to a hosting company, as defined in

             78m      Section 76-10-1230, if:
             78n          (i) the distribution of an intimate image by the hosting company occurs only
             78o      incidentally through the hosting company's function of providing data storage space or data
             78p      caching to a person;
             78q          (ii) the hosting company does not intentionally engage, aid, or abet in the distribution
             78r      of an intimate image; and
             78s          (iii) the hosting company does not knowingly receive funds from or through a person
             78t      who distributes an intimate image in exchange for permitting the person to distribute, store, or
             78u      cache an intimate image. .H  
}


2.    Page 3a, Line 79
    Senate Committee Amendments
    2-25-2014 :
    



 

             79          (4) (a) This section does not apply to an Internet service provider, as defined in 47 U.S.C. Sec 230(f)(2) , a provider of an electronic communications service as defined in 18 U.S.C. Sec. 2510, a telecommunications service, information service, or mobile service as defined in 47 U.S.C. Sec. 153, including a commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or a cable operator as defined in 47 U.S.C. Sec. 522, if:
    (i) the distribution of an intimate image by the Internet service provider occurs only incidentally through the provider's function of:
    (A) transmitting or routing data from one person to another person; or
    (B) providing a connection between one person and another person;
    (ii) the provider does not intentionally aid or abet in the distribution of the intimate image; and
    (iii) the provider does not knowingly receive from or through a person who distributes the intimate image a fee greater than the fee generally charged by the provider, as a specific condition for permitting the person to distribute the intimate image.
    (b) This section does not apply to a hosting company, as defined in Section 76-10-1230, if:
    (i) the distribution of an intimate image by the hosting company occurs only incidentally through the hosting company's function of providing data storage space or data caching to a person;
    (ii) the hosting company does not intentionally engage, aid, or abet in the distribution of the intimate image; and
    (iii) the hosting company does not knowingly receive from or through a person who distributes the intimate image a fee greater than the fee generally charged by the provider, as a specific condition for permitting the person to distribute, store, or cache the intimate image.
    (c) A service provider, as defined in Section 76-10-1230, is not negligent under this section if it complies with Section 76-10-1231.  


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