43.651. On-line identifiers, patrol to make information available, when. - Missouri Statutes

On-line identifiers, patrol to make information available, when.

43.651. 1. As used in this section, the following terms shall mean:

(1) "Electronic mail", the transmission of information orcommunication by the use of the Internet, a computer, a facsimile machine,a pager, a cellular telephone or other wireless communication device, avideo recorder, or other electronic means sent to a person identified by aunique address or address number and received by that person;

(2) "Entity", a business or organization that provides Internetservice, electronic communications service, remote computing service,online service, electronic mail service, or electronic instant message orchat services whether the business or organization is within or outsidethis state;

(3) "Instant message", a form of real-time text communication betweentwo or more people. The communication is conveyed via computers connectedover a network such as the Internet, or between cell phone or wirelesscommunication device users, or over a cell phone or wireless communicationdevice network;

(4) "On-line identifier", includes all of the following: electronicmail address and instant message screen name, user ID, cell phone number orwireless communication device number or identifier, chat or other Internetcommunication name, or other identity information.

2. Subject to appropriations, the patrol shall make registryinformation regarding a registered sexual offender's on-line identifiersavailable to an entity for the purpose of allowing the entity to prescreenusers or for comparison with information held by the entity as provided bythis subsection:

(1) The information obtained by an entity from the state sexualoffender registry shall not be used for any purpose other than forprescreening its users or comparing the database of registered users of theentity against the list of on-line identifiers of persons in the statesexual offender registry in order to protect children from on-line sexualpredators. The patrol shall promulgate rules and regulations regarding therelease and use of on-line identifier information. Any rule or portion ofa rule, as that term is defined in section 536.010, RSMo, that is createdunder the authority delegated in this section shall become effective onlyif it complies with and is subject to all of the provisions of chapter 536,RSMo, and, if applicable, section 536.028, RSMo. This section and chapter536, RSMo, are nonseverable and if any of the powers vested with thegeneral assembly pursuant to chapter 536, RSMo, to review, to delay theeffective date, or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2008, shall be invalid and void;

(2) Any entity desiring to prescreen its users or compare itsdatabase of registered users to the list of on-line identifiers of personsin the state sexual offender registry may apply to the patrol to access theinformation. An entity that complies with the rules and regulationspromulgated by the patrol regarding the release and use of the on-lineidentifier information and pays the fee established by the patrol mayscreen new users or compare its database of registered users to the list ofon-line identifiers of persons in the state sexual offender registry asfrequently as the patrol may allow for the purpose of identifying aregistered user associated with an on-line identifier contained in thestate sexual offender registry;

(3) Any entity complying with this subsection in good faith shall beimmune from any civil or criminal liability resulting from:

(a) The entity's refusal to provide system service to a person on thebasis that the entity believed that the person was required to registerunder sections 589.400 to 589.425, RSMo;

(b) A person's criminal or tortious acts when the person is requiredto register pursuant to sections 589.400 to 589.425, RSMo, and the personcomplied with the requirement to register their on-line identifiers undersection 589.407, RSMo, and committed the criminal or tortious acts againsta minor with whom he or she had communicated on the entity's system byusing their registered on-line identifier; or

(c) Any activity for which the entity would be immune from liabilityunder 47 U.S.C. Section 230.

(L. 2008 S.B. 714, et al.)