08 LC 28 4109ERS
(SCS)
Senate
Bill 474
By:
Senators Staton of the 18th, Heath of the 31st, Douglas of the 17th, Powell of
the 23rd, Thomas of the 54th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 39 of the Official Code of Georgia Annotated, relating to minors, so
as to provide for definitions; to provide for the availability of parental
controls over Internet access by children; to provide for the development and
distribution of Internet online safety curricula and information; to provide for
the monitoring of Internet use by registered sexual offenders; to provide for
the registration of e-mail addresses and usernames of registered sexual
offenders; to provide for certain disclosures; to provide that interactive
computer services shall provide certain information for investigative purposes;
to provide for the reporting by interactive computer services of child
pornography violations; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
39 of the Official Code of Georgia Annotated, relating to minors, is amended by
adding a new chapter to read as follows:
"CHAPTER
5
39-5-1.
As
used in this chapter, the term:
(1)
'Child' means a person who is less than 18 years of age.
(2)
'Internet or any other computer network' means the computer network commonly
known as the Internet and any other local, regional, or global computer network
that is similar to or is a predecessor or successor of the
Internet.
(3)
'Internet access provider' means an entity that provides consumers with access
to the Internet.
(4)
'Interactive computer service' means any information service, system, or access
software provider that provides or enables computer access by multiple users to
a computer server, including specifically a service or system that provides
access to the Internet and such systems operated or services offered by
libraries or educational institutions.
(5)
'Order' means a legal process for the release of information including, but not
limited to, a subpoena, court order, search warrant, or summons.
(6)
'Username' means a string of characters chosen to identify uniquely an
individual who uses a computer or other device with Internet capability to
communicate with other individuals through the exchange of e-mail or instant
messages or by participating in interactive online forums.
(7)
'User password' means a string of characters that enables an individual who uses
a computer or other device with Internet capability to gain access to e-mail
messages and interactive online forums.
39-5-2.
(a)
If an Internet access provider knows or has reason to know from registration
data in its possession that a subscriber currently resides within this state,
the provider shall make available to the subscriber a product or service that
enables the subscriber to control a child´s use of the
Internet.
(b)
The product or service shall enable, in a commercially reasonable manner, the
subscriber to:
(1)
Block a child´s access to specific websites or domains;
(2)
Restrict a child´s access exclusively to specific websites or domains
approved by the subscriber; and
(3)
Allow the subscriber to monitor a child´s use of the Internet service by
providing a report to the subscriber of the specific websites or domains that
the child has visited or has attempted to visit but could not access because the
websites or domains were blocked or restricted by the subscriber.
(c)
If a product or service described in this Code section is reasonably and
commercially available for the technology utilized by the subscriber to access
the Internet service, the Internet service provider shall:
(1)
Provide to the subscriber, at or near the time of subscription, information
about the availability of a product or service described in this Code section;
or
(2)
Make a product or service described in this Code section available to the
subscriber either directly or through a third-party vendor and may charge for
the product or service.
39-5-3.
(a)
The State Department of Education shall develop and propose model curricula for
educating students regarding online safety while using the Internet, taking into
consideration curricula on this topic developed by other states as well as any
other curricula and materials suggested by education experts, child
psychologists, and technology companies that work on child online safety
issues.
(b)
Each local school district shall incorporate into its curriculum a component on
online Internet safety to be taught at least once each year to students in grade
3 and above.
(c)
The State Department of Education shall provide to each local school district
educational materials for parents and guardians regarding online Internet safety
for children.
39-5-4.
(a)
Any person required to register with the state sexual offender registry as
provided in Code Section 42-1-12 may, as a condition of probation, supervised
release, parole, or entry into the state, be subject to one or more of the
following provisions and conditions while remaining on the state sexual offender
registry:
(1)
Continued supervision, either in person or through remote monitoring, of the
person´s incoming and outgoing e-mail and other Internet based
communication for evidence relevant to any crime that would require registration
with the state sexual offender registry;
(2)
Continued supervision, either in person or through remote monitoring, of the
person´s history of websites visited and content accessed for evidence
relevant to any crime that would require registration with the state sexual
offender registry; and
(3)
Periodic unannounced inspections of the contents of the person´s computer
or any other device with Internet access including the retrieval and copying of
all data from the computer or device and any internal or external storage or
portable media and the removal of such information, computer, device, or medium
to conduct a more thorough inspection for evidence relevant to any crime that
would require registration with the state sexual offender registry.
(b)
If the Internet was used by the individual in the commission of a crime that
would require registration with the state sexual offender registry, the court,
as part of its sentence, may limit or restrict the person´s Internet access
in a manner tailored to prevent further use of the Internet by the person to
commit any such crime.
(c)
The supervision shall be conducted by a probation officer, parole officer, law
enforcement officer, or computer information technology specialist working under
contract with the probation, parole, or law enforcement agency, in a manner and
form prescribed by the Attorney General.
39-5-5.
(a)
In addition to any other information required for registration on the state
sexual offender registry, the registrant at the time of registration and at each
annual reregistration shall provide his or her e-mail addresses and usernames
that such person uses or intends to use.
(b)
If a person required to register under Code Section 42-1-12 fails to provide his
or her e-mail addresses and usernames that such person uses or intends to use as
required by this Code section, the person shall be subject to the same penalties
applicable under such Code section for a failure to register.
(c)
The e-mail addresses and usernames shall be made available to the public by the
Georgia Bureau of Investigation under such restrictions as the Board of Public
Safety shall promulgate by rule and regulation. The Board of Public Safety is
authorized to promulgate rules and regulations necessary for the Georgia Bureau
of Investigation and the Georgia Crime Information Center to implement and carry
out the provisions of this Code section.
(d)
No provider of an interactive computer service shall be liable under this Code
section or any provision of law for:
(1)
Identifying, removing, disabling, blocking, or otherwise affecting a user based
upon a good faith belief that user´s e-mail address, username, or other
similar Internet identifier appeared in the National Sex Offender Registry or
the state sexual offender registry; or
(2)
Failing to identify, block, or otherwise prevent a person from registering for
its service or failing to remove, disable, or otherwise affect a registered user
whose electronic mail address, username, or other similar Internet identifier
appeared in the National Sex Offender Registry or the state sexual offender
registry.
(e)
Law enforcement agencies, employees of law enforcement agencies, and state
officials shall be immune from liability for good faith conduct under this Code
section.
39-5-6.
(a)
An interactive computer service, upon the request of a law enforcement agency
for an investigation of a possible sex offense involving a child, shall take all
necessary steps to preserve records and other evidence in its possession pending
the issuance of an order or other legal process concerning such records and
evidence. The interactive computer service shall comply with the request as
soon as possible following the receipt of such request. The records and
evidence shall be retained for a period of 90 days which shall be extended for
an additional 90 day period upon a further request by the law enforcement agency
within the initial 90 day period.
(b)
In connection with any criminal investigation of a possible sex offense
involving a child that involves immediate danger of death or serious bodily
harm, a law enforcement agency in this state may issue a request without
compulsory legal process or court order to a designated recipient of an
interactive computer service to disclose, consistent with 18 U.S.C. Sections
2702(b)(8) and 2702(c)(4), the information identified in 18 U.S.C. Section 2703.
The interactive computer service shall communicate with the requesting agency to
discuss the nature of the request and to coordinate an appropriate response
immediately and without delay.
(c)
Subsections (a) and (b) of this Code section shall be interpreted in a manner
consistent with the requirements of federal law that apply to providers of an
electronic communications service, including, but not limited to, 18 U.S.C.
Section 2701, et seq., and 42 U.S.C. Section 13032.
39-5-7.
An
interactive computer service doing business in this state that obtains knowledge
of facts or circumstances from which a violation of any law of this state
prohibiting child pornography is apparent shall make a report, as soon as
reasonably possible, of such facts and circumstances to the Cyber Tipline at the
National Center for Missing and Exploited Children consistent with the
requirements of 42 U.S.C. Section 13032."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.