Second Substitute S.B. 206

Senator Howard A. Stephenson proposes the following substitute bill:

1 CHILD PROTECTION REGISTRY
2 AMENDMENTS
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Mike Dmitrich
6 House Sponsor: John Dougall
7
8 LONG TITLE
9 General Description:
10 This bill makes changes to the Child Protection Registry.
11 Highlighted Provisions:
12 This bill:
13 . allows a mobile telephone number to be designated as a contact point;
14 . allows a person to send a communication to a contact point on the Child Protection
15 Registry if the person receives written consent from an adult to receive
16 communications covered by the registry;
17 . allows registration of a contact point if used in a household in which a minor is
18 present;
19 . addresses fees charged for use of the registry;
20 . exempts records from disclosure;
21 . addresses awareness campaigns; and
22 . makes technical changes.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:

26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 13-39-102, as enacted by Chapter 338, Laws of Utah 2004
30 13-39-201, as enacted by Chapter 338, Laws of Utah 2004
31 13-39-202, as enacted by Chapter 338, Laws of Utah 2004
32 13-39-203, as enacted by Chapter 338, Laws of Utah 2004
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 13-39-102 is amended to read:
36 13-39-102. Definitions.
37 As used in this chapter:
38 (1) "Contact point" means an electronic identification to which a communication may
39 be sent, including:
40 (a) an email address; or
41 (b) subject to Subsection 13-39-201 (2):
42 (i) an instant message identity, subject to rules made by the division under Subsection
43 13-39-203 (1);
44 (ii) a mobile telephone number;
45 (iii) a facsimile number; or
46 (iv) an electronic address:
47 (A) similar to a contact point listed in this Subsection (1); and
48 (B) defined as a contact point by rule made by the division under Subsection
49 13-39-203 (1).
50 (2) "Division" means the Division of Consumer Protection in the Department of
51 Commerce.
52 (3) "Registry" means the child protection registry established in Section 13-39-201 .
53 Section 2. Section 13-39-201 is amended to read:
54 13-39-201. Establishment of child protection registry.
55 (1) The division shall:
56 (a) establish and operate a child protection registry to compile and secure a list of

57 contact points the division has received pursuant to this section; or
58 (b) contract with a third party to establish and secure the registry described in
59 Subsection (1)(a).
60 (2) (a) The division shall implement the registry described in this section with respect
61 to email addresses beginning on July 1, 2005.
62 (b) The division shall implement the registry described in this section with respect to
63 instant message identities [after:].
64 [(i) the division has determined to the satisfaction of the division the security of the
65 registry described in this section with respect to email addresses; and]
66 [(ii) the division has reported to the Public Utilities and Technology Interim
67 Committee the intention of the division to implement the registry described in this section with
68 respect to instant message identities.]
69 (c) The division shall implement the registry described in this section with respect to
70 mobile telephone numbers[, facsimile numbers, and electronic addresses described in
71 Subsection 13-39-102 (1)(b)(iv) after:].
72 [(i) the division has determined to the satisfaction of the division the security of the
73 registry described in this section with respect to instant message identities; and]
74 [(ii) the division has reported to the Public Utilities and Technology Interim
75 Committee the intention of the division to implement the registry described in this section with
76 respect to telephone numbers, facsimile numbers, and electronic addresses described in
77 Subsection 13-39-102 (1)(b)(iv).]
78 (3) (a) A person may register a contact point with the division pursuant to rules
79 established by the division under Subsection 13-39-203 (1) if:
80 (i) the contact point belongs to a minor; [or]
81 (ii) a minor has access to the contact point[.]; or
82 (iii) the contact point is used in a household in which a minor is present.
83 (b) A school or other institution that primarily serves minors may register its domain
84 name with the division pursuant to rules made by the division under Subsection 13-39-203 (1).
85 (c) The division shall provide a disclosure in a confirmation message sent to a person
86 who registers a contact point under this section that reads: "No solution is completely secure.
87 The most effective way to protect children on the Internet is to supervise use and review all

88 email messages and other correspondence. Under law, theft of a contact point from the Child
89 Protection Registry is a [class B] second degree felony. While every attempt will be made to
90 secure the Child Protection Registry, registrants and their guardians should be aware that their
91 contact points may be at a greater risk of being misappropriated by marketers who choose to
92 disobey the law."
93 (4) A person desiring to send a communication described in Subsection 13-39-202 (1)
94 to a contact point or domain shall:
95 (a) use a mechanism established by rule made by the division under Subsection
96 13-39-203 (2); and
97 (b) (i) pay a fee for use of the mechanism described in Subsection (4)(a) determined by
98 the division in accordance with Section 63-38-3.2 , which shall be established so that there is a
99 fee charged based on both the number of contact points from the registry found on the person's
100 list of contacts and the total number of contact points in the registry.
101 (ii) The fees charged under Subsection (4)(b)(i) shall be established so that the fee for
102 each contact from a person's list that is found on the registry is up to an amount 100 times
103 greater than the fee for each of a person's contacts checked against the contact points in the
104 registry.
105 (5) The division may implement a program to offer discounted compliance fees to
106 senders who meet enhanced security conditions established and verified by the division.
107 (6) The contents of the registry, and any complaint filed about a sender who violates
108 this chapter, are not subject to public disclosure under Title 63, Chapter 2, Government
109 Records Access and Management Act.
110 (7) The state shall promote the registry on the state's official Internet website.
111 Section 3. Section 13-39-202 is amended to read:
112 13-39-202. Prohibition of sending certain materials to a registered contact point
113 -- Exception for consent.
114 (1) A person may not send, cause to be sent, or conspire with a third party to send a
115 communication to a contact point or domain that has been registered for more than 30 calendar
116 days with the division under Section 13-39-201 if the communication:
117 (a) [advertises] has the primary purpose of advertising or promoting a product or
118 service that a minor is prohibited by law from purchasing; or

119 (b) contains or [advertises] has the primary purpose of advertising or promoting
120 material that is harmful to minors, as defined in Section 76-10-1201 .
121 (2) [The] Except as provided in Subsection (4), consent of a minor is not a defense to a
122 violation of this section.
123 (3) An Internet service provider does not violate this section for solely transmitting a
124 message across the network of the Internet service provider.
125 (4) (a) Notwithstanding Subsection (1), a person may send a communication to a
126 contact point if, before sending the communication, the person sending the communication
127 receives consent from an adult who controls the contact point.
128 (b) Any person who proposes to send a communication under Subsection (4)(a) shall:
129 (i) verify the age of the adult who controls the contact point by inspecting the adult's
130 government-issued identification card in a face-to-face transaction;
131 (ii) obtain a written record indicating the adult's consent that is signed by the adult;
132 (iii) include in each communication:
133 (A) a notice that the adult may rescind the consent; and
134 (B) information that allows the adult to opt out of receiving future communications;
135 and
136 (iv) notify the division that the person intends to send communications under this
137 Subsection (4).
138 (c) The division shall implement rules to verify that a person providing notification
139 under Subsection (4)(b)(iv) complies with this Subsection (4).
140 (5) If a person uses the mechanism established by the division under this chapter and
141 determines that one of the person's contacts is not a contact point on the registry, the person
142 need not use the mechanism to verify that the contact is not a registered contact point for a
143 period of 90 days after the previous use of the mechanism for that contact.
144 Section 4. Section 13-39-203 is amended to read:
145 13-39-203. Rulemaking authority.
146 In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
147 division shall make rules to establish procedures under which:
148 (1) (a) a person may register a contact point with the division under Section 13-39-201 ,
149 including:

150 (i) the information necessary to register an instant message identity; and
151 (ii) for purposes of Subsection 13-39-102 (1)(b)(iv), an electronic address that is similar
152 to a contact point listed in Subsection 13-39-102 (1); and
153 (b) a school or other institution that primarily serves minors may register its domain
154 name with the division under Section 13-39-201 ; [and]
155 (2) the division shall:
156 (a) provide a mechanism under which a person described in Subsection 13-39-201 (4)
157 may verify compliance with the registry to remove registered contact points from the person's
158 communications; and
159 (b) establish the mechanism described in Subsection (2)(a) in a manner that protects
160 the privacy and security of a contact point registered with the division under Section
161 13-39-201 [.]; and
162 (3) the division may:
163 (a) implement a program offering discounted fees to a sender who meets enhanced
164 security conditions established and verified by the division, the third party registry provider, or
165 a designee; and
166 (b) allow the third party registry provider to assist in any public or industry awareness
167 campaign promoting the registry.