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

(1) The division shall:

(a) establish and operate a child protection registry to compile and secure a list of contact points the division 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) The division shall implement the registry described in this section with respect to email addresses beginning on July 1, 2005.

(b) The division shall implement the registry described in this section with respect to instant message identities.

(c) The division shall implement the registry described in this section with respect to mobile or other telephone numbers.

(3)

(a) A person may register a contact point with the division pursuant to rules established by the division 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 division pursuant to rules made by the division under Subsection 13-39-203(1).

(c) The division 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."

(4) 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 division under Subsection 13-39-203(2); and

(b) pay a fee for use of the mechanism described in Subsection (4)(a) determined by the division in accordance with Section 63J-1-504.

(5) The division 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.

(6) 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.

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

Amended by Chapter 183, 2009 General Session