No. 28058 (New Rule): R152-39. Child Protection Registry Rules

DAR File No.: 28058
Filed: 06/30/2005, 04:12
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

A new statute, Child Protection Registry, Utah Code Title 13, Chapter 39, went into effect on July 1, 2005, and requires administrative rules for its implementation. This legislation was enacted through H.B. 165 (2004 General Session). (DAR NOTE: H.B. 165 is found at UT L 2004 Ch 338, and was effective 07/01/2005.)

 

Summary of the rule or change:

The rule implements procedures by which a person may register a contact point with the registry, and by which a marketer may verify compliance with the registry.

 

State statutory or constitutional authorization for this rule:

Title 13, Chapter 39

 

Anticipated cost or savings to:

the state budget:

Marketers will pay a $0.005 fee per e-mail checked against the registry. Four-fifths of that fee will go to the provider, and one-fifth of that fee will go into the Commerce Service Fund.

 

local governments:

Local governments are not directly involved with enforcement of this rule, or its enabling legislation. Local governments also will not be involved with compliance. However, the legislation carries potential criminal penalties, and local law enforcement agencies may choose to engage in enforcement activities.

 

other persons:

Marketers will pay a $0.005 fee per e-mail checked against the registry. Four-fifths of that fee will go to the provider, and one-fifth of that fee will go into the Commerce Service Fund.

 

Compliance costs for affected persons:

Marketers will pay a $0.005 fee per e-mail checked against the registry. Four-fifths of that fee will go to the provider, and one-fifth of that fee will go into the Commerce Service Fund.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

As directed by the Legislature, marketers who send e-mails that advertise a product or service that a minor is prohibited by law from purchasing, or that contain or advertise material that is harmful to minors, will pay a fee to enable them to remove registered e-mail addresses from their mailing lists.

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Consumer Protection
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

 

Direct questions regarding this rule to:

Thad LeVar at the above address, by phone at 801-530-6929, by FAX at 801-530-6001, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/15/2005

 

This rule may become effective on:

08/16/2005

 

Authorized by:

Francine Giani, Director

 

 

RULE TEXT

R152. Commerce, Consumer Protection.

R152-39. Child Protection Registry Rules.

R152-39-1. Authority and Purpose.

Pursuant to Utah Code Section 13-39-203, these rules (R152-39) are intended to establish the procedures under which:

(1) a person may register a contact point with the registry; and

(2) a marketer may verify compliance with the registry.

 

R152-39-2. Definitions.

As used in these rules (R152-39):

(1) "Contact point" is as defined in Utah Code Section 13-39-102.

(2) "Division" is as defined in Utah Code Section 13-39-102.

(3) "Marketer" means a person described in Utah Code Section 13-39-201(4).

(4) "Provider" means the third party with whom the Division has contracted, pursuant to Utah Code Section 13-39-201(1)(b), to establish and secure the registry.

(5) "Registry" is as defined in Utah Code Section 13-39-102.

 

R152-39-3. Information Required to Register.

(1) A person desiring to register an email address with the registry shall provide the following information to the provider:

(a) the email address the person desires to register;

(b) an affirmation that a minor has access to the email address;

(c) an affirmation that the minor who has access to the email address is a Utah resident; and

(d) an affirmation that the person registering the email address is a parent or guardian of the minor who has access to the email address.

(2) An email address may not become a part of the registry until:

(a) the provider sends an email to the email address; and

(b) the provider receives a response from the email described in R152-393(2)(a) verifying the person's intention to register the email address.

(3) A school or institution desiring to register a domain name shall provide verification to the provider that:

(a) the school or institution primarily serves minors; and

(b) the school or institution owns the domain name being registered.

 

R152-39-4. Information Required to Verify Compliance.

A marketer desiring to verify compliance with the registry shall provide the following information to the provider before the provider compares the marketer's email list against the registry:

(1) the name, address, and telephone number of the marketer;

(2) the specific legal nature and corporate status of the marketer;

(3) the name, address, and telephone number of a natural person who consents to service of process for the marketer; and

(4) an affirmation that the person described in R152-39-4(3) understands that improper use of information obtained from the registry is a second degree felony.

 

R152-39-5. Compliance.

(1) After a marketer has complied with R152-39-4 and paid the fee established by the Division under Section 13-39-201(4)(b), the marketer may submit the marketer's email list to the provider according to the privacy and security measures implemented by the provider.

(2) After a marketer has complied with R152-39-5(1), the provider shall, according to the privacy and security measures implemented by the provider, inform the marketer of the email addresses from the marketer's email list that are contained in the registry.

 

KEY: consumer protection, e-mail, minors, advetising

2005

13-39