Florida Senate - 2015 CS for SB 604 By the Committee on Commerce and Tourism; and Senator Flores 577-01820-15 2015604c1 1 A bill to be entitled 2 An act relating to consumer protection; creating s. 3 501.155, F.S.; providing a short title; providing 4 applicability; providing definitions; requiring owners 5 and operators of specified websites and online 6 services to disclose certain information; providing 7 for injunctive relief; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Section 501.155, Florida Statutes, is created to 12 read: 13 501.155 Electronic dissemination of commercial recordings 14 or audiovisual works; required disclosures; injunctive relief.— 15 (1) SHORT TITLE.—This section may be cited as the “True 16 Origin of Digital Goods Act.” 17 (2) APPLICABILITY.—This section is supplemental to those 18 provisions of state and federal criminal and civil law which 19 impose prohibitions or provide penalties, sanctions, or remedies 20 against the same conduct prohibited by this section. This 21 section does not: 22 (a) Bar any cause of action or preclude the imposition of 23 sanctions or penalties that would otherwise be available under 24 state or federal law. 25 (b) Impose liability on providers of an interactive 26 computer service, communications service as defined in s. 27 202.11(1), commercial mobile service, or information service, 28 including, but not limited to, an Internet access service 29 provider and a hosting service provider, if they provide the 30 transmission, storage, or caching of electronic communications 31 or messages of others or provide another related 32 telecommunications service, commercial mobile radio service, or 33 information service, for use of such services by another person 34 in violation of this section. This exemption from liability is 35 consistent with and in addition to any liability exemption 36 provided under 47 U.S.C. s. 230. 37 (3) DEFINITIONS.—As used in this section, the term: 38 (a) “Commercial recording or audiovisual work” means a 39 recording or audiovisual work whose owner, assignee, authorized 40 agent, or licensee has disseminated or intends to disseminate 41 such recording or audiovisual work for sale, for rental, or for 42 performance or exhibition to the public, including under 43 license, but does not include an excerpt consisting of less than 44 substantially all of a recording or audiovisual work. A 45 recording or audiovisual work may be commercial regardless of 46 whether a person who electronically disseminates it seeks 47 commercial advantage or private financial gain from the 48 dissemination. The term does not include video games, depictions 49 of video game play, or the streaming of video game activity. 50 (b) “Electronic dissemination” means initiating a 51 transmission of, making available, or otherwise offering a 52 commercial recording or audiovisual work for distribution 53 through the Internet or other digital network, regardless of 54 whether another person has previously electronically 55 disseminated the same commercial recording or audiovisual work. 56 (c) “E-mail address” means an electronic mail address as 57 defined in s. 668.602. 58 (d) “Website” means a set of related web pages served from 59 a single web domain. The term does not include a home page or 60 channel page for the user account of a person who is not the 61 owner or operator of the website upon which such user home page 62 or channel page appears. 63 (4) DISCLOSURE OF INFORMATION.— 64 (a) A person who owns or operates a website or online 65 service dealing in substantial part in the electronic 66 dissemination of commercial recordings or audiovisual works, 67 directly or indirectly, and who electronically disseminates such 68 works to consumers in this state shall clearly and conspicuously 69 disclose his or her true and correct name, physical address, and 70 telephone number or e-mail address on his or her website or 71 online service in a location readily accessible to a consumer 72 using or visiting the website or online service. 73 (b) The following locations are deemed readily accessible 74 for purposes of this subsection: 75 1. A landing or home web page or screen; 76 2. An “about” or “about us” web page or screen; 77 3. A “contact” or “contact us” web page or screen; 78 4. An information web page or screen; or 79 5. Another place on the website or online service commonly 80 used to display identifying information to consumers. 81 (5) INJUNCTIVE RELIEF.— 82 (a) An owner, assignee, authorized agent, or licensee of a 83 commercial recording or audio visual work electronically 84 disseminated by a website or online service in violation of this 85 section may bring a private cause of action to obtain a 86 declaratory judgment that an act or practice violates this 87 section and enjoin any person who knowingly has violated, is 88 violating, or is otherwise likely to violate this section. As a 89 condition precedent to filing a civil action under this section, 90 the aggrieved party must make reasonable efforts to place an 91 individual alleged to be in violation of this section on notice 92 that the individual may be in violation of this section and that 93 failure to cure within 14 days may result in a civil action 94 filed in a court of competent jurisdiction. 95 (b) Upon motion of the party instituting the action, the 96 court may make appropriate orders to compel compliance with this 97 section. 98 (c) The prevailing party in a cause under this section is 99 entitled to recover necessary expenses and reasonable attorney 100 fees. 101 Section 2. This act shall take effect July 1, 2015.