{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-1040.80","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-1040.80","heading":"Interactive computer service providers - Removal of","body":"child sexual abuse material - Court orders - Notice and hearing -\n\nViolations - Penalties - Petition for relief.\n\nA. As used in this section, the term:\n\n1. \"Interactive computer service provider\" means any provider\n\nto the public of computer access via the Internet to a computer\n\nserver or similar device used for the storage of graphic, video or\n\nimages;\n\n2. \"Internet\" means the international computer network of both\n\nfederal and nonfederal interoperable packet-switched data networks;\n\n3. \"Controlled or owned by\" with respect to a server or other\n\nstorage device means a server or other such device that is entirely\n\nowned by the interactive computer service provider or is subject to\n\nexclusive management by the interactive computer service provider by\n\nagreement or otherwise; and\n\n4. \"Child sexual abuse material\" means explicit child sexual\n\nabuse material as defined in Section 1024.1 of this title.\n\nB. The Attorney General or a law enforcement officer who\n\nreceives information that an item of alleged child sexual abuse\n\nmaterial resides on a server or other storage device controlled or\n\nowned by an interactive computer service provider shall:\n\n1. Contact the interactive computer service provider that\n\ncontrols or owns the server or other storage device where the item\n\nof alleged child sexual abuse material is located;\n\n2. Inform the interactive computer service provider of the\n\nprovisions of this section; and\n\n3. Request that the interactive computer service provider\n\nvoluntarily comply with this section and remove the item of alleged\n\nchild sexual abuse material from its server or other storage device\n\nexpeditiously.\n\nC. 1. If an interactive computer service does not voluntarily\n\nremove the item of alleged child sexual abuse material in a timely\n\nmanner, the Attorney General or law enforcement officer shall apply\n\nfor a court order of authorization to remove the item of alleged\n\nchild sexual abuse material under this section. The obligation to\n\nremove the item of alleged child sexual abuse material shall not\n\napply to the transmitting or routing of, or the intermediate,\n\ntemporary storage or caching of an image, information or data that\n\nis otherwise subject to this section.\n\n2. The application for a court order shall include:\n\na. the authority of the applicant to make such an\n\napplication,\n\nb. the identity and qualifications of the investigative\n\nor law enforcement officer or agency that, in the\n\nofficial scope of that officer's duties or agency's\n\nauthority, discovered the images, information, or\n\ndata,\n\nc. a particular statement of the facts relied upon by the\n\napplicant, including:\n\n(1) the identity of the interactive computer service,\n\n(2) identification of the item of alleged child\n\nsexual abuse material discovered on the server or\n\nother storage device controlled or owned by an\n\ninteractive computer service provider,\n\n(3) the particular images, information, or data to be\n\nremoved or to which access is to be disabled\n\nidentified by uniform resource locator (URL) or\n\nInternet protocol (IP) address, a statement\n\ncertifying that such content resides on a server\n\nor storage device controlled or owned by such\n\ninteractive computer service provider, and\n,\n\n(3) the particular images, information, or data to be\n\nremoved or to which access is to be disabled\n\nidentified by uniform resource locator (URL) or\n\nInternet protocol (IP) address, a statement\n\ncertifying that such content resides on a server\n\nor storage device controlled or owned by such\n\ninteractive computer service provider, and\n\n(4) the steps taken to obtain voluntary compliance by\n\nsuch interactive computer service provider with\n\nthe requirements of this act prior to filing the\n\napplication,\n\nd. such additional testimony and documentary evidence in\n\nsupport of the application as the judge may require,\n\nand\n\ne. a showing that there is probable cause to believe that\n\nthe child sexual abuse material items constitutes a\n\nviolation of this section.\n\nD. The Attorney General shall notify the interactive computer\n\nservice provider which is identified in the court's order in\n\naccordance with the provisions of this section. The Attorney\n\nGeneral shall notify an interactive computer service provider upon\n\nthe issuance of an order authorizing the removal of the items of\n\nalleged child sexual abuse material.\n\n1. The notice by the Attorney General shall include:\n\na. a copy of the application made pursuant to subsection\n\nC of this section,\n\nb. a copy of the court order issued pursuant to\n\nsubsection K of this section,\n\nc. notification that the interactive computer service\n\nshall remove the item of alleged child sexual abuse\n\nmaterial contained in the order which resides on a\n\nserver or other storage device controlled or owned by\n\nsuch interactive service provider and which are\n\naccessible to persons located within this state\n\nexpeditiously after receipt of the notification,\n\nd. notification of the criminal penalties for failure to\n\nremove the item of child sexual abuse material,\n\ne. notification of the right to appeal the court's order,\n\nand\n\nf. contact information for the Attorney General's Office.\n\n2. An interactive computer service may designate an agent\n\nwithin the state to receive notification pursuant to this section.\n\nE. The interactive computer service provider has the right to\n\nrequest a hearing before the court imposes any penalty under this\n\nsection.\n\nF. Nothing in this section may be construed as imposing a duty\n\non an interactive computer service provider to actively monitor its\n\nservice or affirmatively seek evidence of illegal activity on its\n\nservice.\n\nG. Notwithstanding any other provision of law to the contrary,\n\nany interactive computer service provider that intentionally\n\nviolates subsection L of this section commits:\n\n1. A misdemeanor for a first offense punishable by a fine of\n\nOne Thousand Dollars ($1,000.00);\n\n2. A misdemeanor of a high and aggravated nature for a second\n\noffense punishable by a fine of Five Thousand Dollars ($5,000.00);\n\nand\n\n3. A Class D1 felony offense for a third or subsequent offense\n\npunishable by a fine of Thirty Thousand Dollars ($30,000.00) and\n\nimprisonment for a maximum of five (5) years.\n\nH. The Attorney General shall have concurrent prosecutorial\n\njurisdiction with a district attorney for violation of this section.\n\nI. The removal of the alleged item of child sexual abuse\n\nmaterial which resides on a server or other storage device, shall\n\nnot, to the extent possible, interfere with any request of a law\n\nenforcement agency to preserve records or other evidence, which may\n\nbe kept by the interactive computer service provider in the normal\n\ncourse of business.\n\nJ. Upon consideration of an application for authorization to\n\nremove the item of alleged child sexual abuse material that resides\n\non a server or other storage device controlled or owned by an\n\ninteractive computer service provider as set forth in subsection C\n\nof this section, the judge may enter an ex parte order, as requested\n\nor as modified, authorizing the removal of the item of alleged child\nJ. Upon consideration of an application for authorization to\n\nremove the item of alleged child sexual abuse material that resides\n\non a server or other storage device controlled or owned by an\n\ninteractive computer service provider as set forth in subsection C\n\nof this section, the judge may enter an ex parte order, as requested\n\nor as modified, authorizing the removal of the item of alleged child\n\nsexual abuse material, if the court determines on the basis of the\n\nfacts submitted by the applicant that there is or was probable cause\n\nfor belief that:\n\n1. The item of alleged child sexual abuse material constitutes\n\nevidence of an act in violation of this section;\n\n2. The investigative or law enforcement officer or agency acted\n\nwithin the official scope of that officer's duties or agency's\n\nauthority, in discovering the images, information, or data and has\n\ncomplied with the requirements of subsection I and subsection K of\n\nthis section;\n\n3. An item of alleged child sexual abuse material resides on\n\nthe server or other storage device controlled or owned by the\n\ninteractive computer service provider and is accessible to persons\n\nlocated in the state; and\n\n4. In the case of an application, other than a renewal or\n\nextension, for an order removing the item of alleged child sexual\n\nabuse material which was the subject of a previous order authorizing\n\nthe removal or disabling of access, the application is based upon\n\nnew evidence or information different from and in addition to the\n\nevidence or information offered to support the prior order.\n\nK. Each order authorizing the removal or disabling of access to\n\nan alleged item of child sexual abuse material shall contain:\n\n1. The name of the judge authorized to issue the order;\n\n2. A particular description of the images, information, or data\n\nto be removed or access to such disabled, identified by a URL or IP\n\naddress, and a statement of the particular violation of the section\n\nto which the images, information, or data relate;\n\n3. The identity of the investigative or law enforcement officer\n\nor agency who discovered the images, information, or data and the\n\nidentity of whoever authorized the application; and\n\n4. Such additional information or instruction as the court\n\ndeems necessary to execute the order.\n\nL. The court shall review the application and testimony, if\n\noffered, and, upon a finding of probable cause, issue an order that:\n\n1. An item of child sexual abuse material resides on a server\n\nor other storage device controlled by the interactive computer\n\nservice provider and is accessible to persons located in the state;\n\n2. The interactive computer service provider shall remove the\n\nitem residing on a server or other storage device controlled or\n\nowned by the interactive computer service provider expeditiously\n\nafter receiving the order, if practical;\n\n3. The order shall specify that removal of any item covered by\n\nthe order shall be accomplished in a fashion that prevents or\n\nminimizes the removal of, or restriction of access to, images,\n\ninformation, or data that are not subject to the order;\n\n4. Failure of the interactive computer service provider to\n\ncomply with the court's order is a violation of this section;\n\n5. The removal of the item on the server or other storage\n\ndevice controlled or owned by the interactive computer service\n\nprovider may not unreasonably interfere with a request by a law\n\nenforcement agency to preserve records for a reasonable period and\n\nin accordance with law; and\n\n6. Provides the interactive computer service provider notice\n\nand opportunity for a hearing before the court imposes any penalty\n\nunder this subsection.\n\nM. An interactive computer service provider who is served with\n\na court order under subsection L of this section shall remove the\n\nitem of child sexual abuse material that is the subject of the order\n\nexpeditiously after receiving the court order, if practicable.\nnteractive computer service provider notice\n\nand opportunity for a hearing before the court imposes any penalty\n\nunder this subsection.\n\nM. An interactive computer service provider who is served with\n\na court order under subsection L of this section shall remove the\n\nitem of child sexual abuse material that is the subject of the order\n\nexpeditiously after receiving the court order, if practicable.\n\nN. 1. An interactive service provider may petition the court\n\nfor relief for cause from an order issued under subsection L of this\n\nsection.\n\n2. The petition may be based on considerations of:\n\na. the cost or technical feasibility of compliance with\n\nthe order, or\n\nb. the inability of the interactive computer service\n\nprovider to comply with the order without also\n\nremoving data, images or information that are not\n\nsubject to this section.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"6245a3dabcd3a8b5801d042cd746e268a61a5d2c6a7f6edb51946370b0db8cd0","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-1040.8","next":"us-ok/okla.-stat.-tit.-21-21-1048"},"notice":"GroundRules: Original legal text. Not legal advice."}