DAR File No. 43845

Commerce, Consumer Protection

Rule R152-39

Child Protection Registry Rule

Notice of Proposed Rule

(Repeal)

DAR File No.: 43845
Filed: 07/01/2019 08:52:30 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Title 13, Chapter 39, was amended by S.B. 230, passed in the 2019 General Session, to shift administrative and enforcement authority regarding the Child Protection Registry to the Office of the Attorney General (OAG) and its Internet Crimes Against Children unit. The Division of Consumer Protection (Division) no longer administers or enforces Title 13, Chapter 39, and is no longer authorized to make related administrative rules. Thus, the Division is repealing this rule. (EDITOR'S NOTE: The proposed new Rule R105-4 is under Filing No. 43836 in this issue, July 15, 2019, of the Bulletin.)

Summary of the rule or change:

This rule is repealed in its entirety.

Statutory or constitutional authorization for this rule:

• Sections 13-39-101 through 13-39-304

Anticipated cost or savings to:

the state budget:

This rule is being repealed by the Division, and will be reenacted by the OAG with nonsubstantive amendments reflecting the shift in administrative and enforcement authority from the Division to the OAG. Thus, there is no anticipated net impact to the state budget.

local governments:

There are no anticipated net costs or savings to local governments. Local governments are not directly involved with the enforcement of this rule or its enabling statute.

small businesses:

There are no anticipated net costs or savings to small businesses. Marketers are charged a $0.005 fee per email sent, or less when a marketer sends certain volumes of email, as authorized by S.B. 8, passed in the 2019 General Session. This proposed repeal does not impact the authorized fee.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated net costs or savings to other persons. Marketers are charged a $0.005 fee per email sent, or less when a marketer sends certain volumes of email, as authorized by S.B. 8, passed in the 2019 General Session. This proposed repeal does not impact the authorized fee.

Compliance costs for affected persons:

There is no anticipated change in compliance costs for affected persons. Marketers are charged a $0.005 fee per email sent, or less when a marketer sends certain volumes of email, as authorized by S.B. 8, passed in the 2019 General Session. This proposed repeal does not impact the authorized fee.

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

This rule is being repealed by the Division and will be reenacted by the OAG with nonsubstantive amendments reflecting the shift in administrative and enforcement authority from the Division to the OAG. The proposed repeal of this rule will have no fiscal impact or benefit to small businesses. The OAG will have enforcement responsibility going forward and costs will remain unchanged to small businesses. Similarly, the proposed repeal of this rule will have no fiscal impact or benefit to non-small businesses.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Daniel Larsen at the above address, by phone at 801-530-6145, by FAX at , or by Internet E-mail at dblarsen@utah.gov

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:

08/14/2019

This rule may become effective on:

08/21/2019

Authorized by:

Daniel O'Bannon, Director

Appendix 1: Regulatory Impact Summary Table

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

This repeal is not expected to have any fiscal impacts on non-small businesses' revenues or expenditures because the rule is being reenacted by the Office of Attorney General (OAG). The OAG will have enforcement responsibility going forward and costs will remain unchanged to non-small businesses. Further, the repeal of the Division's rule does not impact the fees charged to any business, as the fees have already been authorized by the legislature in S.B. 8 passed in the 2019 General Session.

 

The head of the Department of Commerce, Francine A. Giani, has reviewed and approved this fiscal analysis.

 

 

R152. Commerce, Consumer Protection.

[R152-39. Child Protection Registry Rule.

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 a contact point with the registry shall provide the following information to the provider:

(a) the contact point the person desires to register;

(b) an affirmation that:

(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;

(c) an affirmation that the minor referenced in R152-39-3(1)(b) is a Utah resident; and

(d) an affirmation that the person registering the contact point is:

(i) the minor referenced in R152-39-3(1)(b); or

(ii) a parent or guardian of the minor referenced in R152-39-3(1)(b).

(2) A contact point may not become a part of the registry until the provider sends a message to the contact point informing the user of the contact point:

(a) the contact point has been registered; and

(b) the process for removing the contact point from the registry.

(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 contact point 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 check the marketer's contact point list with the provider according to the privacy and security measures implemented by the provider.

(2) After a marketer has complied with R152-39-5(1) and paid the fee established by the Division under Section 13-39-201(4)(b), the provider shall, according to the privacy and security measures implemented by the provider, remove from the marketer's list of contact points any contact points that are contained on the registry.

(3)(a) A marketer who desires to utilize the provisions of Subsection 13-39-202(4) shall:

(i) provide the Division with a detailed description of the methods the marketer intends to use to verify compliance with Subsection 13-39-202(4); and

(ii) agree to provide to the Division, at any time upon request by the Division, copies of all documentation relating to the marketer's compliance with Subsection 13-39-202(4).

(b) Within thirty calendar days after a marketer complies with R152-39-5(3)(a), the Division shall inform the marketer in writing whether the Division considers the marketer's methods sufficient to verify compliance with Subsection 13-39-202(4).

(c)(i) Approval of a verification method for compliance with Subsection 13-39-202(4) does not prevent the Division from investigating further whether the approved verification method actually guarantees compliance with Subsection 13-39-202(4).

(ii) The Division may revoke an approval granted pursuant to R152-39-5(3) upon a finding that the verification method does not adequately guarantee compliance with Subsection 13-39-202(4).

 

R152-39-6. Discounted Fee.

(1) In order for senders to qualify for the discounted fee schedule established pursuant to Subsection 13-39-203(3)(a), a sender must agree to be subject to enhanced security criteria for each subsequent list that they may submit to the state's compliance mechanism. To meet these criteria, senders must affirmatively agree that their scrubbing tasks may be stopped if a particular task deviates from a statistically normal baseline.

(2) The statistical baseline used for comparison will be based on the senders' past histories as well as the totality of the histories of senders that have used the compliance mechanism to scrub their lists.

(3) To restart a task and retrieve the results, senders whose tasks have been stopped must confirm that they in fact initiated the task and that the list submitted is not an attempt to abuse the registry mechanism. Depending on the amount of the deviation from the baseline, this confirmation may come from a telephone call to a pre-established phone number, completing information online, or sending an e-mail to a customer support representative.

(4) The Division, or its appointed representative, shall have discretion in allowing the retrieval of tasks if the confirmation does not resolve the security concerns.

 

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

Date of Enactment or Last Substantive Amendment: December 11, 2006

Notice of Continuation: April 15, 2015

Authorizing, and Implemented or Interpreted Law: 13-39]