Bill Text: IA HF2287 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act providing for internet neutrality, and making penalties applicable.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-08 - Introduced, referred to Commerce. H.J. 235. [HF2287 Detail]
Download: Iowa-2017-HF2287-Introduced.html
House File 2287 - Introduced HOUSE FILE BY BENNETT A BILL FOR 1 An Act providing for internet neutrality, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5756HT (1) 87 gh/rn PAG LIN 1 1 Section 1. NEW SECTION. 554E.1 Short title. 1 2 This chapter shall be known and may be cited as the "Iowa 1 3 Internet Neutrality Act". 1 4 Sec. 2. NEW SECTION. 554E.2 Definitions. 1 5 As used in this chapter, unless the context otherwise 1 6 requires: 1 7 1. "Broadband" means the same as defined in section 8B.1. 1 8 2. "Communications service provider" means the same as 1 9 defined in section 8B.1. 1 10 3. "Content, applications, or services" means any internet 1 11 traffic transmitted to or from an end user. 1 12 4. "Edge provider" means a person or entity that provides 1 13 any content, application, or service over the internet, or a 1 14 person or entity that provides a device used for accessing any 1 15 content, application, or service over the internet. 1 16 5. "End user" means a person who uses broadband service. 1 17 6. "Internet traffic" means the flow of data across the 1 18 internet. 1 19 7. "Paid prioritization" means a business practice that 1 20 directly or indirectly favors certain internet traffic 1 21 over other internet traffic, including through the use of 1 22 techniques such as internet traffic shaping, prioritization, 1 23 resource reservation, or other forms of preferential internet 1 24 traffic management, either in exchange for monetary or other 1 25 consideration from a third party or to benefit an affiliated 1 26 entity. 1 27 8. "Person" means the same as defined in section 554D.103. 1 28 9. "Reasonable network management practice" means a practice 1 29 that is primarily used for and tailored to achieving a 1 30 legitimate technical network management purpose, taking into 1 31 account the particular network architecture and technology of 1 32 the broadband service, but does not include other business 1 33 practices. 1 34 Sec. 3. NEW SECTION. 554E.3 Public disclosure. 1 35 A communications service provider shall make available to 2 1 the public informational materials which accurately explain the 2 2 communications service provider's reasonable network management 2 3 practices, performance, and commercial terms of its broadband 2 4 service, including information about and descriptions of the 2 5 processes involved relating to such services. 2 6 Sec. 4. NEW SECTION. 554E.4 Prohibitions. 2 7 A communications service provider shall not do any of the 2 8 following: 2 9 1. Block lawful content, applications, services, or 2 10 nonharmful devices, unless pursuant to a reasonable network 2 11 management practice. 2 12 2. Impair or degrade lawful internet traffic on the basis 2 13 of content, applications, services, or the use of nonharmful 2 14 devices, unless pursuant to a reasonable network management 2 15 practice. 2 16 3. Engage in paid prioritization. 2 17 4. Interfere with or disadvantage the ability of an end user 2 18 to select, access, or use broadband service, unless pursuant to 2 19 a reasonable network management practice. 2 20 5. Interfere with or disadvantage the ability of an edge 2 21 provider to make lawful content, applications, services, or 2 22 nonharmful devices available to an end user, unless pursuant to 2 23 a reasonable network management practice. 2 24 Sec. 5. NEW SECTION. 554E.5 Scope. 2 25 This chapter shall not apply to any of the following: 2 26 1. Conduct authorized by a law enforcement agency of the 2 27 United States, a state, or a political subdivision of a state. 2 28 2. Reasonable efforts by a communications service provider 2 29 to address copyright infringement or any other unlawful 2 30 activity. 2 31 Sec. 6. NEW SECTION. 554E.6 Penalty. 2 32 A violation of this chapter is an unlawful practice pursuant 2 33 to section 714.16. 2 34 EXPLANATION 2 35 The inclusion of this explanation does not constitute agreement with 3 1 the explanation's substance by the members of the general assembly. 3 2 This bill creates new Code chapter 554E, relating to 3 3 internet neutrality. 3 4 The bill requires a communications service provider to make 3 5 available to the public informational materials accurately 3 6 explaining the provider's reasonable network management 3 7 practices, performance, and commercial terms of its broadband 3 8 service, including information relating to the processes 3 9 involved for such services. The bill defines "communications 3 10 service provider" to mean the same as defined in section 8B.1. 3 11 "Broadband" also means the same as defined in Code section 3 12 8B.1. "End user" means a person who uses broadband service. 3 13 The bill prohibits communications service providers from 3 14 blocking lawful content, applications, services, or nonharmful 3 15 devices, unless pursuant to a reasonable network management 3 16 practice. The bill defines "reasonable network management 3 17 practice" to mean a practice that is primarily used for and 3 18 tailored to achieving a legitimate technical network management 3 19 purpose. 3 20 The bill prohibits communications service providers from 3 21 impairing or degrading lawful internet traffic on the basis 3 22 of content, applications, services, or the use of nonharmful 3 23 devices, unless pursuant to a reasonable network management 3 24 practice. The bill also prohibits communications service 3 25 providers from engaging in paid prioritization, as defined 3 26 in the bill. The bill further prohibits communications 3 27 service providers from interfering with or disadvantaging the 3 28 ability of an end user to select, access, or use broadband 3 29 service, unless pursuant to a reasonable network management 3 30 practice. The bill additionally prohibits communications 3 31 service providers from interfering with or disadvantaging the 3 32 ability of edge providers, as defined in the bill, from making 3 33 lawful content, applications, services, or nonharmful devices 3 34 available to an end user, unless pursuant to a reasonable 3 35 network management practice. 4 1 The bill does not apply to conduct authorized by any state 4 2 or federal law enforcement agency or reasonable efforts 4 3 by a communications service provider to address copyright 4 4 infringement or any other unlawful activity. 4 5 A violation of the bill constitutes an unlawful practice 4 6 under Code section 714.16, which relates to consumer frauds. 4 7 Pursuant to Code section 714.16, the attorney general may 4 8 investigate, issue subpoenas, and commence civil proceedings 4 9 seeking restraining orders or injunctions prohibiting persons 4 10 from engaging in unlawful practices or seeking termination 4 11 of the business affairs of a person engaging in unlawful 4 12 practices. In addition, a civil penalty of up to $40,000 per 4 13 violation may be imposed by a court against a person found to 4 14 have committed an unlawful practice. LSB 5756HT (1) 87 gh/rn
