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

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

(1)

The unit shall:

Terms Used In Utah Code 13-39-201

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Contact point: means an electronic identification to which a communication may be sent, including:

(a)	an email address;

(b)	an instant message identity, subject to rules made by the unit under Subsection 13-39-203(1);

(c)	a mobile or other telephone number;

(d)	a facsimile number; or

(e)

an electronic address:

(i)	similar to a contact point listed in this Subsection (2); and

(ii)

defined as a contact point by rule made by the unit under Subsection 13-39-203(1). See Utah Code 13-39-102

Person: means :Utah Code 68-3-12.5

Registry: means the child protection registry established in Section 13-39-201. See Utah Code 13-39-102

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

Unit: means the Internet Crimes Against Children unit within the Office of the Attorney General created in Section 67-5-21. See Utah Code 13-39-102

(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).

(2)

(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

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