Struck = removed from the bill ·
added = the amendment's new text.
ENROLLEDHCAHB220 4463 2646 HOUSE COMMITTEE AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.byHouse Committee on Commerce to Original House Bill No.
220 BYby REPRESENTATIVERepresentative SCHLEGELSchlegel ANAMENDMENT ACTNO. To enact Chapter 20-B of Title 51 of the Louisiana Revised Statutes of 1950, to be comprisedofR.S.51:1780.1through1780.3,relativeto reportingchildexploitation on covered platforms;
1 On page 2, line 15, change "Any" to provide"A" forAMENDMENT definitions;NO.
to2 provideOn forpage a3, reportingline mechanism20, onchange covered"1780.2." platforms;to "§1780.2." AMENDMENT NO.
3 On page 4, line 13, change "1780.3." to provide"§1780.3." forPage penalties;1 of 1 CODING:
to provide for duties of the attorney general;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
Chapter 20-B of Title 51 of the Louisiana Revised Statutes of 1950, comprised of R.S.
51:1780.1 through 1780.3, is hereby enacted to read as follows:
CHAPTER 20-B.
PLATFORMS REPORTING ONLINE TRAFFICKING, ENTICEMENT, AND EXPLOITATION OF CHILDREN TIMELY §1780.1.
Definitions As used in this Chapter, the following terms have the following meanings:
(1) "Clear and conspicuous" means presented in a manner that an ordinary user can easilyrecognize, read, and understand.
(2)(a) "Covered platform" means an online platform, online video game, messaging application, or video streaming service that accesses the internet.
(b) "Covered platform" does not include any of the following:
(i) An entityacting in its capacityas a provider of a common carrier service subject to the Communications Act of 1934, 47 U.S.C.
151 et seq.
(ii) An entity providing broadband internet access service as defined in 47 CFR 54.400.
(iii) An entity acting in its capacity as a provider of an email service.
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220 ENROLLED (iv) An entity acting in its capacity as a teleconferencing or video conferencingservicethatallowsreceptionandtransmissionofaudioorvideosignals forreal-timecommunicationiftheserviceisnotanonlineplatformandthereal-time communication is initiated by using a unique link or identifier to facilitate access.
(v) Anentityactinginitscapacityasawirelessmessagingservice,including aserviceprovidedthroughshortmessagingserviceormultimediamessagingservice protocols that is not a component of or linked to an online platform and where the exclusivefunctionisdirectmessagingconsistingofthetransmissionoftexts,photos, orvideosthataresentbyelectronicmeans,wheremessagesaretransmittedfromthe sender to a recipient.
(vi) A nonprofit corporation.
(vii) A school.
(viii) A public library.
(ix) A news or sports coverage website or application where the inclusion of video, image, or other visual content on the website or application is related primarily to the website or application's own gathering, reporting, or publishing of news content or sports coverage and the website or application is not otherwise an online platform.
(x) A product or service that primarily functions as business-to-business software, such as cloud storage, file sharing, or a file collaboration service.
(xi) Avirtualprivatenetworkorsimilarservicethatexists predominantlyto route internet traffic between locations.
(xii) A federal, state, or local government with an internet domain.
(xiii) A video streaming service that consists primarily of entertainment or other information or content that is not user-generated or user-uploaded, but is preselected by the provider.
(xiv) An entitywhere the predominant or exclusive function is providing or obtaining technical support for a platform, product, or service.
(3)(a) "Online platform" means any public website, online service, online application, or mobile application that predominantly provides a community forum Page 2 of 5 CODING:
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220 ENROLLED for user-generated content, such as sharing videos, images, games, audio files, or other content, including a social media service, social network, or virtual reality environment.
(b) Awebsite,onlineservice,onlineapplication,ormobileapplicationisnot considered an online platform solely because it includes a chat, comment, or other interactive function that is incidental to and not a primary function of the service's predominant purpose, if such service does not knowingly permit users to upload, post, transmit, host, or otherwise make available sexually explicit material, as defined in R.S.
25:225, and maintains reasonable and appropriate measures to prevent the dissemination of such material.
(4) "Online video game" means a video game, including an educational video game, that accesses the internet and allows the user to create and upload content that is not incidental to game play such as character or level designs.
(5) "Report mechanism" means an electronic feature that allows a user to easily notify the covered platform about suspected child sexual abuse material, or other instances of child exploitation listed in 34 U.S.C.
11293(b)(1)(K)(i)(I), appearing on or transmitted through the platform.
§1780.2.
Report mechanism A.(1) A covered platform that allows users to create, share, or view user-generated content shall provide clear and conspicuous instructions anda clear and conspicuous method for users to report suspected child sexual abuse material, or other instances of child sexual exploitation listed in 34 U.S.C.
11293(b)(1)(K)(i)(I), appearing on or transmitted through the platform.
(2) The report mechanism shall meet all of the following requirements:
(a) Be clear and conspicuous.
(b) Be readily locatable and usable through the covered platform's user interface.
(c) Be clearly labeled using plain language such as "Report Child Sexual Exploitation" or similar wording.
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220 ENROLLED (d) Allow the report to be submitted without requiring the reporting user to register for an account, unless the covered platform requires that a user has a registered account before accessing any of the features or content of the covered platform.
(e) Generate an acknowledgment to the reporting user confirming that the report has been received.
B.
The coveredplatform shall complywith federallaw as required pursuant to 18 U.S.C.
2258A.
C.
For purposes of this Section, a covered platform provides a report mechanismonlyiftheinstructionsandmechanismareclearandconspicuousandare not designed, configured, or implemented in a manner that materially impedes a reasonable user from locating or using the report mechanism.
§1780.3.
Penalties A.(1) Anycoveredplatformthatdoesnot provideareporting mechanism as requiredbythisChaptershallbesubjecttocivilpenaltiesasprovidedinthisSection.
(2) The attorney general may conduct an investigation of the alleged violation and initiate a civil action in the Nineteenth Judicial District Court for the parish of East Baton Rouge on behalf of the state to assess civil penalties.
Prior to asserting a cause of action, the attorney general shall provide the covered platform with a period of time of not less than thirty days to comply with this Chapter.
B.(1) Any covered platform that violates this Chapter may be liable for a civil penalty, to be assessed by the court, of not more than five thousand dollars for each day of violation to be paid to the Department of Justice, in order to fund the investigation of cyber crimes involving the exploitation of children.
In addition to theremediesprovidedinthisSection,theattorneygeneralmayrequestandthecourt may impose an additional civil penalty not to exceed ten thousand dollars for each violationofthisChapteragainstanycoveredplatformfoundbythecourttohavenot provided a reportingmechanism asrequiredbythis Chapter.
The civil penaltyshall be paid to the Department of Justice in order to fund the investigation of cyber crimes involving the exploitation of children.
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220 ENROLLED (2) Eachviolationmaybetreatedasaseparateviolationormaybecombined into one violation at the option of the attorney general.
(3) Any covered platform that violates this Chapter may be liable to the attorney general for all costs, expenses, and fees related to investigations and proceedings associated with the violation, including attorney fees.
(4) If the court assesses a civil penalty pursuant to this Chapter, the Department of Justice shall be entitled to legal interest as provided in R.S.
9:3500 from the date of imposition of the penalty until paid in full.
Section 2.This Act shall be referred to as the Platforms Reporting Online Trafficking, Enticement, and Exploitation of Children Timely, or the "PROTECT" Act.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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