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 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.