Text of OK HB 3097 (2024)

Req. No. 9290 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 59th Legislature (2024) HOUSE BILL 3097 By: Hasenbeck AS INTRODUCED An Act relating to crimes and punishments; defining terms; making commercial entities liable for publishing or distributing obscene material on the Internet; providing internet and cellular service subscribers the opportunity to make certain request; requiring commercial entities to block access without charge; establishing liability provisions for violations; providing exemptions from liability; prohibiting the retention of identifying information; providing liability provisions for retaining identifying information; seek injunctive and other relief for noncompliance; authorizing and directing the Attorney General to develop and publish certain guidelines and regulations; providing for codification; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1040.81 of Title 21, unless there is created a duplication in numbering, reads as follows: As used in this act: 1. "Child pornography" shall have the same meaning as such term is defined in Section 1024.1 of Title 21 of the Oklahoma Statutes; Req. No. 9290 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. "Child sexual exploitation" shall have the same meaning as such term is defined in Section 843.5 of Title 21 of the Oklahoma Statutes; 3. "Commercial entity" includes corporations, limited liability companies, partnerships, limited partnerships, sole proprietorships, or other legally recognized entities; 4. "Digitized identification card" means a data file available on any mobile device which has connectivity to the Internet through a state-approved application that allows the mobile device to download the data file from a state agency or an authorized agent of a state agency that contains all of the data elements visible on the face and back of a license or identification card and displays the current status of the license or identification card; 5. "Distribute" means to issue, sell, give, provide, deliver, transfer, transmit, circulate, or disseminate by any means; 6. "Harmful to minors" shall have the same meaning as such term is defined in Section 1040.75 of Title 21 of the Oklahoma Statutes; 7. "Internet" means the international computer network of both federal and non-federal interoperable packet switched data networks; 8. "Minor" means any person under eighteen (18) years of age; 9. "News-gathering organization" means any of the following: a. an employee of a newspaper, news publication, or news source, printed or on an online or mobile platform, of current news and public interest, while operating as Req. No. 9290 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 an employee as provided in this subparagraph, who can provide documentation of such employment with the newspaper, news publication, or news source, or b. an employee of a radio broadcast station, television broadcast station, cable television operator, or wire service while operating as an employee as provided in this subparagraph, who can provide documentation of such employment; 10. "Obscene material" shall have the same meaning as such term is defined in Section 1024.1 of Title 21 of the Oklahoma Statutes; 11. "Publish" means to communicate or make information available to another person or entity on a publicly available Internet website; 12. "Reasonable age verification methods" means verifying that the person seeking to access the material is eighteen (18) years of age or older by using any of the following methods: a. use of a digitized information card as defined in this section, b. verification through an independent, third-party age verification service that compares the personal information entered by the individual who is seeking access to the material that is available from a commercially available database, or aggregate of databases, that is regularly used by government Req. No. 9290 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 agencies and businesses for the purpose of age and identity verification, or c. any commercially reasonable method that relies on public or private transactional data to verify the age of the person attempting to access the material; 13. "Substantial portion" means more than thirty-three and one- third percent (33 1/3%) of total material on a website, which meets the definition of "material harmful to minors" as defined in this section; and 14. "Transactional data" means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or an event. Transactional data includes records from mortgage, education, and employment entities. SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1040.82 of Title 21, unless there is created a duplication in numbering, reads as follows: A. Any commercial entity that knowingly and intentionally publishes or distributes obscene material, or material that depicts or promotes child pornography or child sexual exploitation, on the Internet may be held liable to an individual for nominal damages, actual damages, court costs, and reasonable attorney fees as ordered by the court. Req. No. 9290 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. A commercial entity that has violated the provisions of this act in a manner that satisfies the standards for imposition of punitive damages elsewhere provided by law may be held liable to an individual for punitive damages. C. Individual claims that satisfy the generally applicable standards for joinder or class action elsewhere provided by law or rules of court, as applicable, may combine their claims in a single action. SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1040.83 of Title 21, unless there is created a duplication in numbering, reads as follows: A. Any commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the Internet from a website that contains a substantial portion of such material shall provide internet service subscribers and cellular service subscribers the opportunity, before any individual using such services may access the material, to request that access to the material by subscription service be denied. B. Upon such request by an Internet service subscriber or cellular service subscriber, a commercial entity shall, without charge, block access to its website on any device seeking to access its website using the internet service or cellular service subscription of the subscriber so that a minor does not receive material harmful to minors via that subscription. Req. No. 9290 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. A commercial entity that fails to provide Internet service subscribers or cellular service subscribers an opportunity to request that access to the website of the commercial entity be blocked is in violation of the provisions of this act and may be held liable to the minor, by and through the parent or legal guardian of the minor, for nominal damages, actual damages, court costs, and reasonable attorney fees as ordered by the court. D. A commercial entity that, after receipt of such request to block access, allows a minor to access material harmful to minors on its website is in violation of the provisions of this act and may be held liable to the minor, by and through the parent or legal guardian of the minor, for nominal damages, actual damages, court costs, and reasonable attorney fees as ordered by the court. E. A commercial entity that has violated the provisions of this act in a manner that satisfies the standards for imposition of punitive damages elsewhere provided by law may be held liable to the minor, by and through the parent or legal guardian of the minor, for punitive damages. F. Individual claims that satisfy the generally applicable standards for joinder or class action elsewhere provided by law or rules of court, as applicable, may combine their claims in a single action. G. A commercial entity shall not be held liable for allowing access to its website if the commercial entity performs reasonable Req. No. 9290 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 age verification methods to verify that the individual attempting to access the material from its website is not a minor. H. A commercial entity or third party that performs the required age verification shall not retain any identifying information of the individual after access has been granted to the material. I. A commercial entity that is found to have knowingly retained identifying information of the individual, except as reasonably necessary to effectuate a block request under the provisions of this section, shall be liable to the individual for damages resulting from retaining the identifying information, including nominal damages, actual damages, court costs, and reasonable attorney fees as ordered by the court. J. This section shall not apply to any bona fide news or public interest broadcast, website video, report, or event and shall not be construed to affect the rights of a news-gathering organization, unless the website of the organization contains a substantial portion of material harmful to minors. K. No Internet service provider, affiliate, or subsidiary of an Internet service provider, search engine, or cloud service provider shall be held to have violated the provisions of this section solely for providing access or connection to or from a website or other information or content on the Internet, or a facility, system, or network not under the control of the provider, including Req. No. 9290 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 transmission, downloading, storing, or providing access, to the extent that such provider is not responsible for the creation of the content of the communication that constitutes obscene material or material harmful to minors. SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1040.84 of Title 21, unless there is created a duplication in numbering, reads as follows: A. The Attorney General may seek injunctive and other equitable relief against a commercial entity that fails to comply with the provisions of this act. B. The Attorney General is authorized and directed to develop and publish, consistent with the provisions of this act, guidance, or regulations as appropriate to assist commercial entities to comply with the provisions of this act. SECTION 5. This act shall become effective November 1, 2024. 59-2-9290 GRS 01/15/24