| 1 | A bill to be entitled |
| 2 | An act relating to protection of minors online; defining |
| 3 | the term "Internet access provider"; requiring providers |
| 4 | to make available to customers in this state a product or |
| 5 | service that enables the subscriber to regulate a minor's |
| 6 | use of the service to access the Internet if certain |
| 7 | conditions exist; providing requirements for such a |
| 8 | product or service; requiring that interactive computer |
| 9 | services take necessary steps to preserve records and |
| 10 | evidence upon request of law enforcement agencies |
| 11 | investigating specified crimes involving minor victims; |
| 12 | requiring retention of such records and information for |
| 13 | specified periods; providing for compliance without |
| 14 | compulsory legal process in investigations of certain |
| 15 | offenses involving minor victims involving immediate |
| 16 | danger of death or serious bodily harm; providing for |
| 17 | construction of provisions in a manner consistent with |
| 18 | specified federal laws; creating s. 847.0141, F.S.; |
| 19 | requiring interactive computer services to make certain |
| 20 | reports when a violation of child pornography laws is |
| 21 | evident to such service; amending s. 943.0437, F.S.; |
| 22 | adopting a definition of "interactive computer service"; |
| 23 | authorizing the Department of Law Enforcement to provide |
| 24 | interactive computer services certain information; |
| 25 | providing that interactive computers services are not |
| 26 | liable for taking or failing to take certain actions based |
| 27 | on a registered user's association with an electronic mail |
| 28 | address or instant message name contained in certain sex |
| 29 | offender registries; providing an effective date. |
| 30 |
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| 31 | Be It Enacted by the Legislature of the State of Florida: |
| 32 |
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| 33 | Section 1. Internet access provider; parental controls.-- |
| 34 | (1) For purposes of this section, the term "Internet |
| 35 | access provider" means any entity which, as one of its primary |
| 36 | business activities, provides consumers with access to the |
| 37 | Internet. The term does not include commercial mobile radio |
| 38 | service providers as defined in s. 364.02. |
| 39 | (2) If an Internet access provider knows or has reasonable |
| 40 | cause to believe that a subscriber resides within this state, |
| 41 | the provider shall make available to the subscriber a product or |
| 42 | service that enables the subscriber to regulate a minor's use of |
| 43 | the service to access the Internet if such a product or service |
| 44 | is reasonably and commercially available for the technology used |
| 45 | by the subscriber to access the Internet. The product or service |
| 46 | must, subject to such availability, enable the subscriber to do |
| 47 | the following: |
| 48 | (a) Block access to specific websites or domains |
| 49 | disapproved by the subscriber. |
| 50 | (b) Restrict access to specific websites or domains deemed |
| 51 | appropriate by the subscriber or the Internet access provider. |
| 52 | (c) Allow the subscriber to control a minor's use of the |
| 53 | Internet remotely through the use of online capability or |
| 54 | monitor a minor's use of the Internet by providing a report to |
| 55 | the subscriber of the specific websites or domains that the |
| 56 | minor has visited or has attempted to visit but could not access |
| 57 | because the websites or domains were blocked or restricted by |
| 58 | the subscriber. |
| 59 | (3) For the purposes of subsection (2), an Internet access |
| 60 | provider shall be deemed to know that a subscriber resides |
| 61 | within this state if the subscriber identifies this state as his |
| 62 | or her place of residence at the time of subscription. |
| 63 | (4) If a product or service described in subsection (2) is |
| 64 | reasonably and commercially available for the technology used by |
| 65 | the subscriber to access the Internet, the Internet access |
| 66 | provider: |
| 67 | (a) Shall make available to the subscriber, at or near the |
| 68 | time of subscription, information concerning the availability of |
| 69 | the product or service described in subsection (2). |
| 70 | (b) May make the product or service described in |
| 71 | subsection (2) available to the subscriber either directly or |
| 72 | through a third-party vendor. |
| 73 | Section 2. (1)(a) An interactive computer service, as |
| 74 | defined in s. 668.602, Florida Statutes, shall, upon the request |
| 75 | of any law enforcement agency investigating an offense listed in |
| 76 | s. 775.21(4)(a)1., Florida Statutes, or s. 943.0435(1)(a)1., |
| 77 | Florida Statutes, that involves a minor victim, take all |
| 78 | necessary steps to preserve records and all other evidence in |
| 79 | its possession pending issuance of a court order or other legal |
| 80 | process. The interactive computer service shall comply with the |
| 81 | request as soon as possible following receipt. |
| 82 | (b) Records and evidence referred to in paragraph (a) |
| 83 | shall be retained for a period of 90 days, which shall be |
| 84 | extended for an additional 90-day period upon a renewed request |
| 85 | by the law enforcement agency. |
| 86 | (2) In connection with any criminal investigation |
| 87 | regarding an offense listed in s. 775.21(4)(a)1., Florida |
| 88 | Statutes, or s. 943.0435(1)(a)1., Florida Statutes, that |
| 89 | involves a minor victim and that involves immediate danger of |
| 90 | death or serious bodily harm, a law enforcement agency in this |
| 91 | state may issue a request, without compulsory legal process or |
| 92 | court order, to an interactive computer service to disclose, |
| 93 | consistent with 18 U.S.C. s. 2702(c)(4), the information |
| 94 | identified in 18 U.S.C. s. 2703(c)(2). The service shall |
| 95 | communicate with the requesting agency to discuss the nature of |
| 96 | the request and to coordinate an appropriate response |
| 97 | immediately and without delay. |
| 98 | (3) Subsections (1) and (2) shall be interpreted in a |
| 99 | manner consistent with the requirements of federal law that |
| 100 | apply to providers of an electronic communications service, |
| 101 | including, but not limited to, 18 U.S.C. ss. 2701 et seq. and 42 |
| 102 | U.S.C. s. 13032. |
| 103 | Section 3. Section 847.0141, Florida Statutes, is created |
| 104 | to read: |
| 105 | 847.0141 Reporting child pornography violations.--An |
| 106 | interactive computer service, as defined s. 668.602, that is |
| 107 | doing business in this state that obtains knowledge of facts or |
| 108 | circumstances from which a violation of any law in this state |
| 109 | prohibiting child pornography is apparent shall make a report, |
| 110 | as soon as reasonably possible, of such facts or circumstances |
| 111 | to the National Center for Missing and Exploited Children |
| 112 | consistent with the requirements of 42 U.S.C. s. 13032. |
| 113 | Section 4. Section 943.0437, Florida Statutes, is amended |
| 114 | to read: |
| 115 | 943.0437 Commercial social networking websites.-- |
| 116 | (1) For the purpose of this section, the term: |
| 117 | (a) "Commercial social networking website" means a |
| 118 | commercially operated Internet website that allows users to |
| 119 | create web pages or profiles that provide information about |
| 120 | themselves and are available publicly or to other users and that |
| 121 | offers a mechanism for communication with other users, such as a |
| 122 | forum, chat room, electronic mail, or instant messenger. |
| 123 | (b) "Interactive computer service" has the same meaning as |
| 124 | provided in s. 668.602. |
| 125 | (2) The department may provide information relating to |
| 126 | electronic mail addresses and instant message names maintained |
| 127 | as part of the sexual offender registry to interactive computer |
| 128 | services, commercial social networking websites, or third |
| 129 | parties designated by commercial social networking websites. |
| 130 | Each interactive computer service and The commercial social |
| 131 | networking website may use this information for the purpose of |
| 132 | comparing registered users and screening potential users of its |
| 133 | interactive computer service or the commercial social networking |
| 134 | website against the list of electronic mail addresses and |
| 135 | instant message names provided by the department. |
| 136 | (3) This section shall not be construed to impose any |
| 137 | civil liability on an interactive computer service or a |
| 138 | commercial social networking website for: |
| 139 | (a) Any action voluntarily taken in good faith to remove |
| 140 | or disable any profile of a registered user associated with an |
| 141 | electronic mail address or instant message name contained in the |
| 142 | state sexual offender registry or the National Sex Offender |
| 143 | Registry. |
| 144 | (b) Any action taken to restrict access by such registered |
| 145 | user to an interactive computer service or a the commercial |
| 146 | social networking website. |
| 147 | (c) Failing to take any action to restrict access by a |
| 148 | registered user described in paragraph (a) to an interactive |
| 149 | computer service or a commercial social networking website. |
| 150 | Section 5. This act shall take effect October 1, 2008. |