13-39-201. Establishment of child protection registry.

396 words·~2 min read·/ut/title-13/chapter-39/13-39-201

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/14/2019

(1)The unit shall:

(a)establish and operate a child protection registry to compile and secure a list of contact points the unit has received pursuant to this section; or

(b)contract with a third party to establish and secure the registry described in Subsection (1)(a) .

(a)A person may register a contact point with the unit pursuant to rules established by the unit under Subsection 13-39-203(1) if:

(i)the contact point belongs to a minor;

(ii)a minor has access to the contact point; or

(iii)the contact point is used in a household in which a minor is present.

(b)A school or other institution that primarily serves minors may register its domain name with the unit pursuant to rules made by the unit under Subsection 13-39-203(1) .

(c)The unit shall provide a disclosure in a confirmation message sent to a person who registers a contact point under this section that reads: "No solution is completely secure. The most effective way to protect children on the Internet is to supervise use and review all email messages and other correspondence. Under law, theft of a contact point from the Child Protection Registry is a second degree felony. While every attempt will be made to secure the Child Protection Registry, registrants and their guardians should be aware that their contact points may be at a greater risk of being misappropriated by marketers who choose to disobey the law."

(3)A person desiring to send a communication described in Subsection 13-39-202(1) to a contact point or domain shall:

(a)use a mechanism established by rule made by the unit under Subsection 13-39-203(2) ; and

(b)pay a fee for use of the mechanism described in Subsection (3)(a) determined by the unit in accordance with Section 63J-1-504 .

(4)The unit may implement a program to offer discounted compliance fees to senders who meet enhanced security conditions established and verified by the division, the third party registry provider, or a designee.

(5)The contents of the registry, and any complaint filed about a sender who violates this chapter, are not subject to public disclosure under Title 63G, Chapter 2, Government Records Access and Management Act .

(6)The state shall promote the registry on the state's official Internet website.

Amended by Chapter 356 , 2019 General Session