Okla. Stat. tit. 21, § 21-1040.80

child sexual abuse material - Court orders - Notice and hearing -

Violations - Penalties - Petition for relief.

A. As used in this section, the term:

1. "Interactive computer service provider" means any provider

to the public of computer access via the Internet to a computer

server or similar device used for the storage of graphic, video or

images;

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2. "Internet" means the international computer network of both

federal and nonfederal interoperable packet-switched data networks;

3. "Controlled or owned by" with respect to a server or other

storage device means a server or other such device that is entirely

owned by the interactive computer service provider or is subject to

exclusive management by the interactive computer service provider by

agreement or otherwise; and

4. "Child sexual abuse material" means explicit child sexual

abuse material as defined in Section 1024.1 of this title.

B. The Attorney General or a law enforcement officer who

receives information that an item of alleged child sexual abuse

material resides on a server or other storage device controlled or

owned by an interactive computer service provider shall:

1. Contact the interactive computer service provider that

controls or owns the server or other storage device where the item

of alleged child sexual abuse material is located;

2. Inform the interactive computer service provider of the

provisions of this section; and

3. Request that the interactive computer service provider

voluntarily comply with this section and remove the item of alleged

child sexual abuse material from its server or other storage device

expeditiously.

C. 1. If an interactive computer service does not voluntarily

remove the item of alleged child sexual abuse material in a timely

manner, the Attorney General or law enforcement officer shall apply

for a court order of authorization to remove the item of alleged

child sexual abuse material under this section. The obligation to

remove the item of alleged child sexual abuse material shall not

apply to the transmitting or routing of, or the intermediate,

temporary storage or caching of an image, information or data that

is otherwise subject to this section.

2. The application for a court order shall include:

a. the authority of the applicant to make such an

application,

b. the identity and qualifications of the investigative

or law enforcement officer or agency that, in the

official scope of that officer's duties or agency's

authority, discovered the images, information, or

data,

c. a particular statement of the facts relied upon by the

applicant, including:

(1) the identity of the interactive computer service,

(2) identification of the item of alleged child

sexual abuse material discovered on the server or

other storage device controlled or owned by an

interactive computer service provider,

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(3) the particular images, information, or data to be

removed or to which access is to be disabled

identified by uniform resource locator (URL) or

Internet protocol (IP) address, a statement

certifying that such content resides on a server

or storage device controlled or owned by such

interactive computer service provider, and
,

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(3) the particular images, information, or data to be

removed or to which access is to be disabled

identified by uniform resource locator (URL) or

Internet protocol (IP) address, a statement

certifying that such content resides on a server

or storage device controlled or owned by such

interactive computer service provider, and

(4) the steps taken to obtain voluntary compliance by

such interactive computer service provider with

the requirements of this act prior to filing the

application,

d. such additional testimony and documentary evidence in

support of the application as the judge may require,

and

e. a showing that there is probable cause to believe that

the child sexual abuse material items constitutes a

violation of this section.

D. The Attorney General shall notify the interactive computer

service provider which is identified in the court's order in

accordance with the provisions of this section. The Attorney

General shall notify an interactive computer service provider upon

the issuance of an order authorizing the removal of the items of

alleged child sexual abuse material.

1. The notice by the Attorney General shall include:

a. a copy of the application made pursuant to subsection

C of this section,

b. a copy of the court order issued pursuant to

subsection K of this section,

c. notification that the interactive computer service

shall remove the item of alleged child sexual abuse

material contained in the order which resides on a

server or other storage device controlled or owned by

such interactive service provider and which are

accessible to persons located within this state

expeditiously after receipt of the notification,

d. notification of the criminal penalties for failure to

remove the item of child sexual abuse material,

e. notification of the right to appeal the court's order,

and

f. contact information for the Attorney General's Office.

2. An interactive computer service may designate an agent

within the state to receive notification pursuant to this section.

E. The interactive computer service provider has the right to

request a hearing before the court imposes any penalty under this

section.

F. Nothing in this section may be construed as imposing a duty

on an interactive computer service provider to actively monitor its

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service or affirmatively seek evidence of illegal activity on its

service.

G. Notwithstanding any other provision of law to the contrary,

any interactive computer service provider that intentionally

violates subsection L of this section commits:

1. A misdemeanor for a first offense punishable by a fine of

One Thousand Dollars ($1,000.00);

2. A misdemeanor of a high and aggravated nature for a second

offense punishable by a fine of Five Thousand Dollars ($5,000.00);

and

3. A Class D1 felony offense for a third or subsequent offense

punishable by a fine of Thirty Thousand Dollars ($30,000.00) and

imprisonment for a maximum of five (5) years.

H. The Attorney General shall have concurrent prosecutorial

jurisdiction with a district attorney for violation of this section.

I. The removal of the alleged item of child sexual abuse

material which resides on a server or other storage device, shall

not, to the extent possible, interfere with any request of a law

enforcement agency to preserve records or other evidence, which may

be kept by the interactive computer service provider in the normal

course of business.

J. Upon consideration of an application for authorization to

remove the item of alleged child sexual abuse material that resides

on a server or other storage device controlled or owned by an

interactive computer service provider as set forth in subsection C

of this section, the judge may enter an ex parte order, as requested

or as modified, authorizing the removal of the item of alleged child
J. Upon consideration of an application for authorization to

remove the item of alleged child sexual abuse material that resides

on a server or other storage device controlled or owned by an

interactive computer service provider as set forth in subsection C

of this section, the judge may enter an ex parte order, as requested

or as modified, authorizing the removal of the item of alleged child

sexual abuse material, if the court determines on the basis of the

facts submitted by the applicant that there is or was probable cause

for belief that:

1. The item of alleged child sexual abuse material constitutes

evidence of an act in violation of this section;

2. The investigative or law enforcement officer or agency acted

within the official scope of that officer's duties or agency's

authority, in discovering the images, information, or data and has

complied with the requirements of subsection I and subsection K of

this section;

3. An item of alleged child sexual abuse material resides on

the server or other storage device controlled or owned by the

interactive computer service provider and is accessible to persons

located in the state; and

4. In the case of an application, other than a renewal or

extension, for an order removing the item of alleged child sexual

abuse material which was the subject of a previous order authorizing

the removal or disabling of access, the application is based upon

new evidence or information different from and in addition to the

evidence or information offered to support the prior order.

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K. Each order authorizing the removal or disabling of access to

an alleged item of child sexual abuse material shall contain:

1. The name of the judge authorized to issue the order;

2. A particular description of the images, information, or data

to be removed or access to such disabled, identified by a URL or IP

address, and a statement of the particular violation of the section

to which the images, information, or data relate;

3. The identity of the investigative or law enforcement officer

or agency who discovered the images, information, or data and the

identity of whoever authorized the application; and

4. Such additional information or instruction as the court

deems necessary to execute the order.

L. The court shall review the application and testimony, if

offered, and, upon a finding of probable cause, issue an order that:

1. An item of child sexual abuse material resides on a server

or other storage device controlled by the interactive computer

service provider and is accessible to persons located in the state;

2. The interactive computer service provider shall remove the

item residing on a server or other storage device controlled or

owned by the interactive computer service provider expeditiously

after receiving the order, if practical;

3. The order shall specify that removal of any item covered by

the order shall be accomplished in a fashion that prevents or

minimizes the removal of, or restriction of access to, images,

information, or data that are not subject to the order;

4. Failure of the interactive computer service provider to

comply with the court's order is a violation of this section;

5. The removal of the item on the server or other storage

device controlled or owned by the interactive computer service

provider may not unreasonably interfere with a request by a law

enforcement agency to preserve records for a reasonable period and

in accordance with law; and

6. Provides the interactive computer service provider notice

and opportunity for a hearing before the court imposes any penalty

under this subsection.

M. An interactive computer service provider who is served with

a court order under subsection L of this section shall remove the

item of child sexual abuse material that is the subject of the order

expeditiously after receiving the court order, if practicable.
nteractive computer service provider notice

and opportunity for a hearing before the court imposes any penalty

under this subsection.

M. An interactive computer service provider who is served with

a court order under subsection L of this section shall remove the

item of child sexual abuse material that is the subject of the order

expeditiously after receiving the court order, if practicable.

N. 1. An interactive service provider may petition the court

for relief for cause from an order issued under subsection L of this

section.

2. The petition may be based on considerations of:

a. the cost or technical feasibility of compliance with

the order, or

b. the inability of the interactive computer service

provider to comply with the order without also

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removing data, images or information that are not

subject to this section.