13-39-201 - Establishment of child protection registry.
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 contactpoints 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 toemail addresses beginning on July 1, 2005.
(b) The division shall implement the registry described in this section with respect toinstant message identities.
(c) The division shall implement the registry described in this section with respect tomobile or other telephone numbers.
(3) (a) A person may register a contact point with the division pursuant to rulesestablished 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 domainname 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 personwho 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 emailmessages and other correspondence. Under law, theft of a contact point from the ChildProtection Registry is a second degree felony. While every attempt will be made to secure theChild Protection Registry, registrants and their guardians should be aware that their contactpoints may be at a greater risk of being misappropriated by marketers who choose to disobey thelaw."
(4) A person desiring to send a communication described in Subsection 13-39-202(1) toa contact point or domain shall:
(a) use a mechanism established by rule made by the division under Subsection13-39-203(2); and
(b) pay a fee for use of the mechanism described in Subsection (4)(a) determined by thedivision in accordance with Section 63J-1-504.
(5) The division may implement a program to offer discounted compliance fees tosenders who meet enhanced security conditions established and verified by the division, the thirdparty registry provider, or a designee.
(6) The contents of the registry, and any complaint filed about a sender who violates thischapter, are not subject to public disclosure under Title 63G, Chapter 2, Government RecordsAccess and Management Act.
(7) The state shall promote the registry on the state's official Internet website.
Amended by Chapter 183, 2009 General Session