Florida Senate - 2009 SB 966 By Senator Fasano 11-00343A-09 2009966__ 1 A bill to be entitled 2 An act relating to the protection of minors online; 3 defining the term “Internet access provider”; 4 requiring providers to make available to customers in 5 this state a product or service that enables the 6 subscriber to regulate a minor's use of the service to 7 access the Internet if certain conditions exist; 8 providing requirements for such a product or service; 9 requiring that interactive computer services take 10 necessary steps to preserve records and evidence upon 11 the request of law enforcement agencies investigating 12 specified crimes involving minor victims; requiring 13 retention of such records and information for 14 specified periods; providing for compliance without 15 compulsory legal process in investigations of certain 16 offenses involving minor victims involving immediate 17 danger of death or serious bodily harm; providing for 18 construction of provisions in a manner consistent with 19 specified federal laws; creating s. 847.0141, F.S.; 20 requiring interactive computer services to make 21 certain reports when a violation of child pornography 22 laws is evident to such service; amending s. 943.0437, 23 F.S.; adopting a definition of “interactive computer 24 service”; authorizing the Department of Law 25 Enforcement to provide interactive computer services 26 certain information; providing that interactive 27 computers services are not liable for taking or 28 failing to take certain actions based on a registered 29 user's association with an electronic mail address or 30 instant message name contained in certain sex offender 31 registries; providing an effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. Internet access provider; parental controls.— 36 (1) For purposes of this section, the term “Internet access 37 provider” means any entity that, as one of its primary business 38 activities, provides consumers with access to the Internet. The 39 term does not include commercial mobile radio service providers 40 as defined in s. 364.02. 41 (2) If an Internet access provider knows or has reasonable 42 cause to believe that a subscriber resides within this state, 43 the provider shall make available to the subscriber a product or 44 service that enables the subscriber to regulate a minor's use of 45 the service to access the Internet if such a product or service 46 is reasonably and commercially available for the technology used 47 by the subscriber to access the Internet. The product or service 48 must, subject to availability, enable the subscriber to do the 49 following: 50 (a) Block access to specific websites or domains 51 disapproved by the subscriber. 52 (b) Restrict access to specific websites or domains deemed 53 appropriate by the subscriber or the Internet access provider. 54 (c) Allow the subscriber to control a minor's use of the 55 Internet remotely through the use of online capability or 56 monitor a minor's use of the Internet by providing a report to 57 the subscriber of the specific websites or domains that the 58 minor has visited or has attempted to visit but could not access 59 because the websites or domains were blocked or restricted by 60 the subscriber. 61 (3) For the purposes of subsection (2), an Internet access 62 provider is deemed to know that a subscriber resides within this 63 state if the subscriber identifies this state as his or her 64 place of residence at the time of subscription. 65 (4) If a product or service described in subsection (2) is 66 reasonably and commercially available for the technology used by 67 the subscriber to access the Internet, the Internet access 68 provider: 69 (a) Shall make available to the subscriber, at or near the 70 time of subscription, information concerning the availability of 71 the product or service described in subsection (2). 72 (b) May make the product or service described in subsection 73 (2) available to the subscriber directly or through a third 74 party vendor. 75 Section 2. (1)(a) An interactive computer service, as 76 defined in s. 668.602, Florida Statutes, shall, upon the request 77 of any law enforcement agency investigating an offense listed in 78 s. 775.21(4)(a) or s. 943.0435(1)(a), Florida Statutes, which 79 involves a minor victim, take all necessary steps to preserve 80 records and all other evidence in its possession pending 81 issuance of a court order or other legal process. The 82 interactive computer service shall comply with the request as 83 soon as possible following receipt of the request from a law 84 enforcement agency. 85 (b) Records and evidence referred to in paragraph (a) must 86 be retained for 90 days, which shall be extended for an 87 additional 90-day period upon a renewed request by the law 88 enforcement agency. 89 (2) In connection with any criminal investigation regarding 90 an offense listed in s. 775.21(4)(a) or s. 943.0435(1)(a), 91 Florida Statutes, which involves a minor victim and involves 92 immediate danger of death or serious bodily harm, a law 93 enforcement agency in this state may issue a request, without 94 compulsory legal process or court order, to an interactive 95 computer service to disclose, consistent with 18 U.S.C. s. 96 2702(c)(4), the information identified in 18 U.S.C. s. 97 2703(c)(2). The service shall communicate with the requesting 98 agency to discuss the nature of the request and to coordinate an 99 appropriate response immediately and without delay. 100 (3) Subsections (1) and (2) shall be interpreted in a 101 manner consistent with the requirements of federal law which 102 apply to providers of an electronic communications service, 103 including, but not limited to, 18 U.S.C. ss. 2701 et seq. and 42 104 U.S.C. s. 13032. 105 Section 3. Section 847.1041, Florida Statutes, is created 106 to read: 107 847.0141 Reporting child pornography violations.—An 108 interactive computer service, as defined s. 668.602, which is 109 doing business in this state and obtains knowledge of facts or 110 circumstances from which a violation of any law in this state 111 prohibiting child pornography is apparent shall make a report, 112 as soon as reasonably possible, of such facts or circumstances 113 to the National Center for Missing and Exploited Children 114 consistent with the requirements of 42 U.S.C. s. 13032. 115 Section 4. Section 943.0437, Florida Statutes, is amended 116 to read: 117 943.0437 Commercial social networking websites.— 118 (1) For the purpose of this section, the term: 119 (a) “Commercial social networking website” means a 120 commercially operated Internet website that allows users to 121 create web pages or profiles that provide information about 122 themselves and are available publicly or to other users and that 123 offers a mechanism for communication with other users, such as a 124 forum, chat room, electronic mail, or instant messenger. 125 (b) “Interactive computer service” has the same meaning as 126 provided in s. 668.602. 127 (2) The department may provide information relating to 128 electronic mail addresses and instant message names maintained 129 as part of the sexual offender registry to interactive computer 130 services, commercial social networking websites, or third 131 parties designated by commercial social networking websites. 132 Each interactive computer service andThecommercial social 133 networking website may use this information for the purpose of 134 comparing registered users and screening potential users of its 135 interactive computer service orthecommercial social networking 136 website against the list of electronic mail addresses and 137 instant message names provided by the department. 138 (3) This section doesshallnotbe construed toimpose any 139 civil liability on an interactive computer service or a 140 commercial social networking website for: 141 (a) Any action voluntarily taken in good faith to remove or 142 disable any profile of a registered user associated with an 143 electronic mail address or instant message name contained in the 144 sexual offender registry or the National Sex Offender Registry. 145 (b) Any action taken to restrict access by thesuch146 registered user to an interactive computer service or athe147 commercial social networking website. 148 (c) Failing to take any action to restrict access by a 149 registered user described in paragraph (a) to an interactive 150 computer service or a commercial social networking website. 151 Section 5. This act shall take effect October 1, 2009.