DAR File No. 28777

Commerce, Consumer Protection

R152-1a

Internet Content Provider Ratings Methods

NOTICE OF PROPOSED RULE

DAR File No.: 28777
Filed: 06/02/2006, 12:11
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish acceptable rating methods to be implemented by a content provider and to test the effectiveness of a service provider's system for blocking material that is harmful to minors.

Summary of the rule or change:

The rule establishes acceptable rating labels as "XXX", "xxx" or "NFM". In addition, the rule identifies acceptable locations for placing the labels within an Internet website, e-mail or chat-room message.

State statutory or constitutional authorization for this rule:

Subsections 76-10-1231(7)(c) and 76-10-1233(2)

Anticipated cost or savings to:

the state budget:

None--Since the rule establishes standards to be implemented by Internet content providers, this rule will impose no fiscal impact to the state budget.

local governments:

None--Since the rule establishes standards to be implemented by Internet content providers, this rule will impose no fiscal impact to local government.

other persons:

Although Internet content providers will likely incur additional costs complying with the statute, those additional costs are not a result of the rule. If anything, by establishing standards for the affected industry to follow the rule will assist the industry in complying with the statute.

Compliance costs for affected persons:

The Internet content provider is required by statute to restrict access to material that is harmful to minors. The rule establishes standards by which the provider will label its materials. As a result, the rule should reduce the costs of a provider in complying with the statute.

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

There appears to be no fiscal impact to businesses as a result of this rule filing other than those already anticipated by the Utah Legislature in passing the statutes authorizing the Division of Consumer Protection to adopt these rules as to acceptable rating methods. Francine Giani, Executive Director

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

Direct questions regarding this rule to:

Thad LeVar or Kevin V Olsen at the above address, by phone at 801-530-6929 or 801-530-6306, by FAX at 801-530-6446 or 801-530-6001, or by Internet E-mail at tlevar@utah.gov or kvolsen@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:

07/31/2006

This rule may become effective on:

08/07/2006

Authorized by:

Kevin V Olsen, Director

RULE TEXT

R152. Commerce, Consumer Protection.

R152-1a. Internet Content Provider Ratings Methods

R152-1a-1. Authority and Purpose.

In accordance with Utah Code Sections 76-10-1231(7)(c) and 76-10-1233(2), these rules (R152-1a) establish acceptable rating methods by which a content provider may restrict access to material harmful to minors.

R152-1a-2. Definitions.

As used in these rules (R152-1a):

(1) "Content provider" is as defined in Utah Code Section 76-10-1230.

(2) "Harmful to minors" is as defined in Utah Code Section 76-10-1201.

(3) "HTML" means Hypertext Markup Language, the authoring language used to create documents on the Internet, which defines the structure and layout of an Internet document.

(4) "URL" means an Internet address, usually consisting of at least an access protocol and a domain name.

(5) "Utah content provider" means a content provider described in Utah Code Section 76-10-1233(1).

R152-1a-3. Compliance with Utah Code Section 76-10-1233(1).

A Utah content provider may comply with Utah Code Section 76-10-1233(1) by rating material harmful to minors with a rating label:

(1) listed in R152-1a-4; and

(2) placed in a location listed in R152-1a-5.

R152-1a-4. Acceptable Rating Labels.

A Utah content provider may rate material harmful to minors with one of the following labels:

(1) "XXX" in all capital letters;

(2) "xxx" in all lower case letters; or

(3) "-NFM-" which consists of the letters NFM in all capital letters:

(a) immediately preceded by a single hyphen, en dash, or em dash; and

(b) immediately followed by a single hyphen, en dash, or em dash.

R152-1a-5. Acceptable Rating Locations.

A Utah content provider may rate material harmful to minors by placing a label listed in R152-1a-4 in one of the following locations:

(1) if the material harmful to minors is contained within an Internet website:

(a) within the URL of the website; or

(b) within the first 300 characters of the HTML for the website;

(2) if the material harmful to minors is contained within an email message:

(a) within the first 300 characters of the email message;

(b) in the subject line of the email message;

(c) in the return address of the email message; or

(d) in any of the descriptive headers of the email message; or

(3) if the material harmful to minors is contained within a chat-room message or any other type of instant message:

(a) within the first 300 characters of the chat-room message or instant message; or

(b) within the personal identification of the sender of the chat-room message or instant message.

KEY: Internet ratings, consumer protection

Date of Enactment or Last Substantive Amendment: 2006

Authorizing, and Implemented or Interpreted Law: 76-10-1231(7)(c); 76-10-1233(2)

ADDITIONAL INFORMATION

PLEASE NOTE:

• Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Some browsers may not depict some or any of these attributes on the screen or when the document is printed.
• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Thad LeVar or Kevin V Olsen at the above address, by phone at 801-530-6929 or 801-530-6306, by FAX at 801-530-6446 or 801-530-6001, or by Internet E-mail at tlevar@utah.gov or kvolsen@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.