8 LONG TITLE
9 General Description:
10 This bill amends provisions related to an Internet service provider's compliance with a
11 filtering requirement.
12 Highlighted Provisions:
13 This bill:
14 ▸ requires the Division of Consumer Protection to request information from an
15 Internet service provider on how the provider complies with an existing filtering
17 ▸ requires the Division of Consumer Protection to publish and update a compilation
18 of information from Internet service providers;
19 ▸ repeals outdated provisions related to Internet service provider notifications; and
20 ▸ makes technical and conforming changes.
21 Money Appropriated in this Bill:
23 Other Special Clauses:
25 Utah Code Sections Affected:
27 76-10-1231, as last amended by Laws of Utah 2018, Chapter 164
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 76-10-1231 is amended to read:
31 76-10-1231. Data service providers -- Internet content harmful to minors.
32 (1) (a) Upon request by a consumer, a service provider shall filter content to prevent
33 the transmission of material harmful to minors to the consumer.
34 (b) A service provider complies with Subsection (1)(a) if the service provider makes a
35 good faith effort to apply a generally accepted and commercially reasonable method of
38 service provider shall notify the consumer in a conspicuous manner that the consumer may
39 request to have material harmful to minors blocked under Subsection (1)(a).
53 shall [
54 (a) every other year request from each service provider information on how the service
55 provider complies with Subsection (1)(a);
56 (b) publish on the division's website a compilation of the information the division
57 receives under Subsection (2)(a); and
58 (c) update the compilation described in Subsection (2)(b) every other year.
59 (3) (a) A service provider may comply with Subsection (1)(a) by providing in-network
60 filtering to prevent receipt of material harmful to minors, provided that the filtering does not
61 affect or interfere with access to Internet content for consumers who do not request filtering
62 under Subsection (1)(a).
63 (b) A service provider may comply with Subsection (1)(a) by engaging a third party to
64 provide or referring a consumer to a third party that provides a commercially reasonable
65 method of filtering to block the receipt of material harmful to minors.
66 (c) A service provider may charge a consumer a commercially reasonable fee for
67 providing filtering under this Subsection (3).
68 (4) If the attorney general determines that a service provider violates Subsection (1) [
70 (a) notify the service provider that the service provider is in violation of Subsection (1)
72 (b) notify the service provider that the service provider has 90 days to comply with the
73 provision being violated or be subject to Subsection (5).
74 (5) (a) A service provider that intentionally or knowingly violates Subsection (1)(a) is
75 subject to a civil fine of $2,500 for each separate violation of Subsection (1)(a), up to $15,000
76 per day.
77 (b) A service provider that intentionally or knowingly violates Subsection [
78 subject to a civil fine up to $10,000.
79 (6) A proceeding to impose a civil fine under Subsection (5) may only be brought by
80 the attorney general in a court of competent jurisdiction.