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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LRGC
sallred
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