Child Protection Registry Acts

Content sourced from Wikipedia, licensed under CC BY-SA 3.0.

A child protection registry, also called a do not contact registry, is an online database created by law. Parents can add an electronic contact point (like an email address or phone number) that a child may access. The law bans certain messages to contact points on the registry and imposes penalties for violations.

Utah
- The Utah Child Protection Registry Act (Utah Statutes 13-39-101 et seq.) took effect on July 1, 2005.
- It bans sending a “communication” to a registry contact point for more than 30 days if the message advertises a product or service a minor is not allowed to buy, or if it contains material harmful to minors.
- A “contact point” means an electronic address or other identifiers that can receive a message (like email, instant message IDs, phone numbers, fax numbers, etc.).
- The Utah Division of Consumer Protection defines prohibited products to include alcohol, tobacco, pornographic materials, and any product or service illegal in Utah (such as illegal drugs, prostitution, and gambling).
- A minor’s consent to receive a message is not a defense. An Internet service provider is not liable for simply transmitting a message.
- A defense to a violation exists if the violator reasonably relied on the registry and took reasonable steps to comply.
- The registry website allows online registration for parents and for marketers who want to check contact points against the database.
- Fees: regulations charge 0.5 cents ($0.005) per address checked; 20% goes to the State of Utah and 80% goes to the registry provider.
- The registry is operated by UnSpam, Inc., which also runs Michigan’s registry.
- A porn industry group challenged the Utah act in court, but the case was found not to have merit and the group later dropped it.

Michigan
- The Michigan Children’s Protection Registry Act (Michigan Compiled Laws 752.1061) became effective on July 21, 2004.
- It creates a registry of child contact points and bans sending a message to a registry contact point if the main purpose is to advertise or link to a message advertising a product or service that a minor is prohibited from receiving.
- Michigan’s law does not include the “harmful to minors” provision found in Utah.
- The Michigan Department of Labor and Economic Growth issued implementing regulations.
- Fees: the operator may charge up to 3 cents per address checked; 85% goes to the registry operator and 15% goes to the state.
- UnSpam, Inc. operates Michigan’s registry as well.

Operator and history
- UnSpam, Inc. has lobbied for child protection registries in multiple states and operates both the Utah and Michigan registries.
- In Utah, there was public discussion about attorney fees in defending the legal challenge, with notes that the company could not fully cover those costs.