Establishment of child protection registry.

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  • (1) The unit shall:
    • (a) establish and operate a child protection registry to compile and secure a list of contact points the unit 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) A person may register a contact point with the unit pursuant to rules established by the unit 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 unit pursuant to rules made by the unit under Subsection 13-39-203(1).
    • (c) The unit 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."
  • (3) 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 unit under Subsection 13-39-203(2); and
    • (b) pay a fee for use of the mechanism described in Subsection (3)(a) determined by the unit in accordance with Section 63J-1-504.
  • (4) The unit 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.
  • (5) 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.
  • (6) The state shall promote the registry on the state's official Internet website.




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