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         847.0141Reporting 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 and The commercial 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 or the commercial social networking
  136  website against the list of electronic mail addresses and
  137  instant message names provided by the department.
  138         (3) This section does shall not be construed to impose 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 the such
  146  registered user to an interactive computer service or a the
  147  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.