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Center for Media and Democracy Alec Model Legislation Unlawful Release of a Minors Identifying Information

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D I D Y O U K N O W ? Corporations VOTED to adopt this. Through ALEC, global companies

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MODEL LEGISLATION
TASK
FORCESaccording
ALEC INITIATIVES
PUBLICATIONS

Model Legislation

Public Safety and Elections

Unlawful Release of a Minor’s Identifying Information

Did you know the
NRA--the
National Rifle
Association--was
the corporate cochair in 2011?

Section 1. {Title} This Act may be cited as the Unlawful Release of a Minor’s
Identifying Information.

Section 2. {Definitions}

(A) A person shall not knowingly select and place, or direct the placement, on the world
wide web of the identifying information of a minor if the dissemination of the identifying
information knowingly poses an imminent and serious threat to the minor’s safety and
the person has knowledge of, and reckless disregard for, the serious and imminent
threat.

(B) For purposes of this section:

(1) “Minor” means any person under eighteen years of age.

(2) “Identifying information” means the name of the public or private elementary, middle,
or high school attended by a minor, a minor’s school address, home address, physical
description of a minor, or photographs of a minor, and electronic identifiers.

(3) A violation if this section is a gross misdemeanor.

--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

Section 3.

(A) Whenever it appears that any person or organization is engaged in or about to
engage in any act that constitutes or will constitute a violation of section 2 of this act, the
prosecuting attorney or the parents or guardian of any minor harmed by an alleged
violation of section 2 of this act may initiate a civil proceeding in superior court to enjoin
such violation, and may petition the court to issue an order for the discontinuance of the
dissemination of the information in violation of section 2 of this act.

(B) An action under this section shall be brought in the county in which the violation is
alleged to have taken place, and shall be commenced by the filing of a verified complaint,
or shall be accompanied by an affidavit.

(C) If it is shown to the satisfaction of the court, either by verified complaint or affidavit,
that a person or organization is engaged in or about to engage in any act that constitutes
a violation of section 2 of this act, the court may issue a temporary restraining order to
abate and prevent the continuance or recurrence of the act.

(D) The court may issue a permanent injunction to restrain, abate, or prevent the
continuance or recurrence of the violation of section 2 of this act. The court may grant
declaratory relief, mandatory orders, or any other relief deemed necessary to accomplish
the purposes of the injunction. The court may retain jurisdiction of the case for the
purpose of enforcing its orders.

Section 4. The parents or guardian of any minor whose identifying information is

selected and placed online on the world wide web as described in section 2 of this act
and who suffers damages as a result of such conduct may bring an action against the
person or organization who engaged in such conduct, for actual damages sustained plus
damages in an amount not to exceed one thousand dollars for each day the identifying
information was made available on the world wide web, and reasonable attorney’s fees
and costs.

Section 5. Nothing in this Act shall be construed to impose liability on an interactive

computer service, as defined in 47 U.S.C. 230(f), for content provided by another person.

Section 6. {Enactment Clause}

Adopted by the Criminal Justice & Homeland Security Task Force at the Spring Task Force
Summit, May 17, 2008. Approved by the full ALEC Board of Directors June 2008.

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