HB 1389 Summary

• Requires the securities commissioner to establish or contract with a third party to establish a child protection registry allowing persons to register contact points (email, phone numbers, instant messages, fax, other electronic addresses) that minors own, access, or use in households with minors, and allowing schools and institutions serving minors to register domain names.

• Prohibits sending adult communications (advertisements for age-restricted products/services or material harmful to minors) to registered contact points or domain names after 30 days of registration; senders must check the registry before communicating unless they obtain written consent from the adult controlling the contact point.

• Makes improper adult communication a Class A misdemeanor and registry trespass (using registry information to commit violations or obtain contact points for unauthorized purposes) a Level 6 felony.

• Grants the securities commissioner enforcement authority including investigation powers, cease and desist orders, civil penalties up to $20,000 for first violations and $25,000 for subsequent violations, and authorizes judicial review and appeals.

• Establishes a private right of action for users of registered contact points and parents or guardians, allowing recovery of actual damages or $1,000 per adult communication sent, plus costs and attorney's fees.