Ohio § 1349.10

§ 1349.10.

(A)(1) “Cable service provider” has the same meaning as in section 1332.01 of the Revised Code . (2) “ Cloud service provider ” means a third-party company offering a cloud-based platform, infrastructure, application,

or storage services. (3) “Direct-to-home satellite service” has the same meaning as in 47 U.S.C. 303 , as amended. (4) “ Identifying information ” means photo identification or public or private transactional data. (5) “Interactive computer service” has the same meaning as in the “Telecommunications

Act of 1996,” 47 U.S.C. 230 , as amended. (6) “ Internet provider ” means a provider of internet service, including all of the following: (a) Broadband service, however defined or classified by the federal communications commission; (b) Information service or telecommunications service, both as defined in the “Telecommunications

Act of 1996,” 47 U.S.C. 153 , as amended; (c) Internet protocol-enabled services, as defined in section 4927.01 of the Revised Code . (7) “Mobile service” and “telecommunications carrier” have the same meanings as in the

“Telecommunications Act of 1996,” 47 U.S.C. 153 , as amended. (8) “ Organization ” means both of the following: (a) A commercial establishment that, for any form of consideration, has as a significant

or substantial portion of its stock-in-trade in, derives a significant or substantial

portion of its revenues from, devotes a significant or substantial portion of its

content or advertising to, or maintains a substantial section of its sales or online

content display space for the sale, rental, or viewing of materials that are obscene

or harmful to juveniles; (b) A commercial establishment as defined in section 2907.38 of the Revised Code .  An establishment may have other principal business purposes that do not involve

selling, delivering, furnishing, disseminating, providing, exhibiting, or presenting

any material or performance that is obscene or harmful to juveniles on the internet

and still be categorized as an organization subject to this section.  The existence of other principal business purposes does not exempt an establishment

from being categorized as an organization subject to this section, so long as one

of its principal business purposes involves selling, delivering, furnishing, disseminating,

providing, exhibiting, or presenting any material or performance that is obscene or

harmful to juveniles on the internet. (9) “Photo identification” has the same meaning as in section 3501.01 of the Revised Code and includes any government-issued identification issued by another state, district,

country, or sovereignty. (10) “ Reasonable age verification methods ” means the following: (a) Verifying that the person attempting to access the material or performance that is

obscene or harmful to juveniles is eighteen years of age or older through the use

of a commercial age verification system that uses photo identification or public or

private transactional data to verify the person's age; (b) Using third-party and governmental databases that use a commercial age verification

system that uses photo identification or public or private transactional data to verify

the person's age. (11) “ Transactional data ” means a sequence of information that documents an exchange, agreement, or transfer

between a person, organization, or third party for the purpose of satisfying a request

or event.  “ Transactional data ” includes mortgage, educational, and employment records. (12) “Video service provider” has the same meaning as in section 1332.21 of the Revised Code . (B) An organization that sells, delivers, furnishes, disseminates, provides, exhibits,

or presents any material or performance that is obscene or harmful to juveniles on

the internet shall do all of the following: (1) Verify that any person attempting to access the material or performance that is obscene

or harmful to juveniles is eighteen years of age or older through reasonable age verification

methods; (2) Verify that any person creating an account or subscription to access any material

or performance that is obscene or harmful to juveniles is eighteen years of age or

older through reasonable age verification methods.  The organization shall reverify the age of the person every two years thereafter. (3)(a) Utilize a geofence system maintained and monitored by a licensed location-based technology

provider to dynamically monitor the geolocation of persons attempting to access or

creating an account or subscription to access the material or performance that is

obscene or harmful to juveniles; (b) The location-based technology provider shall perform a geolocation check to dynamically

monitor the person attempting to access or creating an account or subscription to

access the material or performance that is obscene or harmful to juveniles and the

person's location. (c) If the location-based technology provider determines that a person is located in

this state, the organization that sells, delivers, furnishes, disseminates, provides,

exhibits, or presents any material or performance that is obscene or harmful to juveniles

on the internet shall block that person until the person's age has been verified using

reasonable age verification methods. (4) Implement a notification mechanism to alert persons attempting to access or creating

an account or subscription to access the material or performance that is obscene or

harmful to juveniles, of a geolocation check failure. (C)(1)(a) Except as otherwise provided in division (C)(1)(b) of this section, an organization

that sells, delivers, furnishes, disseminates, provides, exhibits, or presents any

material or performance that is obscene or harmful to juveniles on the internet and

verifies the age of the person creating an account or subscription to access the material

or performance that is obscene or harmful to juveniles on the internet shall do the

following: (i) Immediately delete all information gathered for the purpose of age verification after

the age verification is completed, except the information maintained for account and

subscription access and for billing purposes; (ii) Upon the request of the account holder or subscriber, immediately delete the data

maintained for user access to the account or subscription and for billing purposes; (iii) Develop and maintain a data privacy policy compliant with federal and state law and

maintain data in a manner that is reasonably secure. (b) On the expiration of two years after the creation of the account or subscription,

the organization shall immediately delete all information relative to the creation

of the user's account or subscription and any information maintained for billing purposes,

unless the account holder or subscriber renews the account or subscription. (2) An organization that sells, delivers, furnishes, disseminates, provides, exhibits,

or presents any material or performance that is obscene or harmful to juveniles on

the internet and verifies the age of the person attempting to access the material

or performance that is obscene or harmful to juveniles on the internet shall do both

of the following: (a) Immediately delete all information gathered for the purpose of age verification after

age verification is completed; (b) Develop and maintain a data privacy policy compliant with federal and state law and

maintain data in a manner that is reasonably secure. (3) An organization described in division (C)(1) or (2) of this section shall immediately

delete any identifying information, except the information required for the purpose

of granting a person access to the account or subscription and for billing the account

or subscription, that is used for age verification of the person attempting to access

or creating an account or subscription to access any material or performance on the

internet that is obscene or harmful to juveniles after age verification is completed. (4) An organization as described in division (C)(1) or (2) of this section shall not

transfer any information collected, except for the purpose of age verification.  Any party who receives transferred information for age verification purposes shall

immediately delete all information gathered for the purpose of age verification after

age verification is completed. (D) This section does not apply to any of the following: (1) A person who, while employed or contracted by a newspaper, magazine, press association,

news agency, news wire service, radio or television station, or similar media, is

gathering, processing, transmitting, compiling, editing, or disseminating information

for the general public; (2) A provider of an interactive computer service; (3) A mobile service; (4) An internet provider; (5) A cable service provider; (6) A direct-to-home satellite service; (7) A video service provider; (8) A cloud service provider.