2006 Utah Code - 76-10-1232 — Data service providers -- Adult content registry.

     76-10-1232.   Data service providers -- Adult content registry.
     (1) (a) Upon request by a consumer, a service provider may not transmit material from a content provider site listed on the adult content registry created by Section 67-5-19 to a consumer.
     (b) A service provider complies with Subsection (1)(a) if it uses a generally accepted and commercially reasonable method of filtering.
     (c) At the time of a consumer's subscription to a service provider's service, or at the time this section takes effect if the consumer subscribes to the service provider's service at the time this section takes effect, the service provider shall notify the consumer in a conspicuous manner that:
     (i) the consumer may request to have material on the adult content registry blocked under Subsection (1)(a); and
     (ii) the consumer's request to have material harmful to minors blocked under Subsection (1)(a) may also result in blocking material that is not harmful to minors.
     (2) (a) A service provider may comply with Subsection (1) by:
     (i) providing in-network filtering to prevent receipt of material harmful to minors;
     (ii) providing software for contemporaneous installation on the consumer's computer that blocks, in an easy-to-enable and commercially reasonable manner, receipt of material harmful to minors; or
     (iii) complying with any federal law in effect that requires the blocking of content from a registry of sites containing material harmful to minors.
     (b) A service provider may block material from the adult content registry by domain name or Internet Protocol address.
     (c) (i) A service provider may not charge a consumer for blocking material or providing software under this section, except that a service provider may increase the cost to all subscribers to the service provider's services to recover the cost of complying with this section.
     (ii) A service provider with fewer than 7,500 subscribers may charge a consumer for providing software under Subsection (2)(a)(ii) if the charge does not exceed the service provider's cost for the software.
     (d) A service provider shall coordinate the service provider's list of content providers on the adult content registry with the attorney general's list of content providers on the adult content registry at least weekly.
     (3) If the attorney general determines that the service provider violates Subsection (1) or (2), the attorney general shall:
     (a) notify the service provider that the service provider is in violation of Subsection (1) or (2); and
     (b) notify the service provider that the service provider has 30 days to comply with the provision being violated or be subject to Subsection (4).
     (4) A service provider that violates Subsection (1) or (2) is:
     (a) subject to a civil fine of $2,500 for each separate violation of Subsection (1) or (2), up to $10,000 per day; and
     (b) guilty of a class A misdemeanor if the service provider knowingly or intentionally fails to comply with Subsection (1) or (2).
     (5) A proceeding to impose a civil fine under Subsection (4)(a) may only be brought by the attorney general in a court of competent jurisdiction.

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Enacted by Chapter 281, 2005 General Session