H.B. 139

1

WIRELESS INTERNET ACCESS
2 REQUIREMENTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Bradley M. Daw
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill addresses the sale of devices capable of wirelessly accessing the Internet and
11 the maintenance of a public wireless network.
12 Highlighted Provisions:
13 This bill:
14 . makes it a violation of Title 13, Chapter 11, Utah Consumer Sales Practices Act, to
15 sell a device capable of wirelessly accessing the Internet without labeling the device
16 to reflect that fact;
17 . defines terms;
18 . requires a person maintaining a public wireless network to attempt to restrict access
19 to a minor;
20 . provides for a civil penalty against a person who does not restrict access to a public
21 wireless network if a minor accesses material harmful to minors through that
22 network; and
23 . provides for enforcement by the Division of Consumer Protection.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None

28 Utah Code Sections Affected:
29 ENACTS:
30 13-11-24, Utah Code Annotated 1953
31 13-46-101, Utah Code Annotated 1953
32 13-46-102, Utah Code Annotated 1953
33 13-46-201, Utah Code Annotated 1953
34 13-46-301, Utah Code Annotated 1953
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 13-11-24 is enacted to read:
38 13-11-24. Labeling wireless devices.
39 It is a violation of this chapter for a retailer to sell a device that is capable of wirelessly
40 accessing the Internet without the device or the device's retail packaging being labeled with a
41 notice that the device is capable of wirelessly accessing the Internet.
42 Section 2. Section 13-46-101 is enacted to read:
43 CHAPTER 46. WIRELESS INTERNET ACCESS ACT
44 Part 1. General Provisions
45 13-46-101. Title.
46 This chapter is known as the "Wireless Internet Access Act."
47 Section 3. Section 13-46-102 is enacted to read:
48 13-46-102. Definitions.
49 As used in this chapter:
50 (1) "Communication" means the transmission of data using Internet Protocol or
51 Transmission Control Protocol, or a successor protocol for transmitting Internet content.
52 (2) "Harmful to minors" is as defined in Section 76-10-1201 .
53 (3) "Minor" means a person who is under the age of 17.
54 (4) "Restrict access" means to use a reasonable method for ascertaining the age of a
55 person using wireless Internet access or preventing the display of material harmful to minors
56 over the wireless local area network, including:
57 (a) visually inspecting a government-issued identification document; or
58 (b) requiring the provision of a valid credit card number.

59 (5) "Wireless Internet access" means wireless access allowing the user to receive
60 Internet communication.
61 Section 4. Section 13-46-201 is enacted to read:
62 Part 2. Public Access to Wireless Network
63 13-46-201. Restricting access to wireless network.
64 (1) A person may not provide wireless Internet access to the public unless the person
65 restricts access to prevent a minor from accessing material harmful to minors.
66 (2) A person who fails to utilize measures designed to restrict access to prevent a minor
67 from accessing material harmful to minors violates this chapter if a minor accesses material
68 harmful to minors.
69 (3) This section does not apply to a person who maintains a wireless network within
70 the person's private residence to provide personal wireless Internet access.
71 Section 5. Section 13-46-301 is enacted to read:
72 Part 3. Enforcement
73 13-46-301. Civil penalty.
74 (1) A person who violates this chapter is subject to a civil fine not to exceed $1,000 for
75 each violation of this chapter and $25,000 in the aggregate.
76 (2) The Division of Consumer Protection shall enforce this chapter.




Legislative Review Note
as of 1-21-08 7:28 AM

Office of Legislative Research and General Counsel