`[Journal of the House of Representatives, 1995]
[Friday, August 4, 1995 (109), Para 109.13 Recorded Vote]
[Page 1268]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.109.13  recorded vote

  A recorded vote by electronic device was ordered in the Committee of 
the Whole on the following amendment submitted by Mr. COX:

       Page 78, before line 18, insert the following new section 
     (and redesignate the succeeding sections and conform the 
     table of contents accordingly):

     SEC. 104. ONLINE FAMILY EMPOWERMENT.

       Title II of the Communications Act of 1934 (47 U.S.C. 201 
     et seq.) is amended by adding at the end the following new 
     section:

     ``SEC. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF 
                   OFFENSIVE MATERIAL; FCC REGULATION OF COMPUTER 
                   SERVICES PROHIBITED.

       ``(a) Findings.--The Congress finds the following:
       ``(1) The rapidly developing array of Internet and other 
     interactive computer services available to individual 
     Americans represent an extraordinary advance in the 
     availability of educational and informational resources to 
     our citizens.
       ``(2) These services offer users a great degree of control 
     over the information that they receive, as well as the 
     potential for even greater control in the future as 
     technology develops.
       ``(3) The Internet and other interactive computer services 
     offer a forum for a true diversity of political discourse, 
     unique opportunities for cultural development, and myriad 
     avenues for intellectual activity.
       ``(4) The Internet and other interactive computer services 
     have flourished, to the benefit of all Americans, with a 
     minimum of government regulation.
       ``(5) Increasingly Americans are relying on interactive 
     media for a variety of political, educational, cultural, and 
     entertainment services.
       ``(b) Policy.--It is the policy of the United States to--
       ``(1) promote the continued development of the Internet and 
     other interactive computer services and other interactive 
     media;
       ``(2) preserve the vibrant and competitive free market that 
     presently exists for the Internet and other interactive 
     computer services, unfettered by State or Federal regulation;
       ``(3) encourage the development of technologies which 
     maximize user control over the information received by 
     individuals, families, and schools who use the Internet and 
     other interactive computer services;
       ``(4) remove disincentives for the development and 
     utilization of blocking and filtering technologies that 
     empower parents to restrict their children's access to 
     objectionable or inappropriate online material; and
       ``(5) ensure vigorous enforcement of criminal laws to deter 
     and punish trafficking in obscenity, stalking, and harassment 
     by means of computer.
       ``(c) Protection for `Good Samaritan' Blocking and 
     Screening of Offensive Material.--No provider or user of 
     interactive computer services shall be treated as the 
     publisher or speaker of any information provided by an 
     information content provider. No provider or user of 
     interactive computer services shall be held liable on account 
     of--
       ``(1) any action voluntarily taken in good faith to 
     restrict access to material that the provider or user 
     considers to be obscene, lewd, lascivious, filthy, 
     excessively violent, harassing, or otherwise objectionable, 
     whether or not such material is constitutionally protected; 
     or
       ``(2) any action taken to make available to information 
     content providers or others the technical means to restrict 
     access to material described in paragraph (1).
       ``(d) FCC Regulation of the Internet and Other Interactive 
     Computer Services Prohibited.--Nothing in this Act shall be 
     construed to grant any jurisdiction or authority to the 
     Commission with respect to content or any other regulation of 
     the Internet or other interactive computer services.
       ``(e) Effect on Other Laws.--
       ``(1) No effect on criminal law.--Nothing in this section 
     shall be construed to impair the enforcement of section 223 
     of this Act, chapter 71 (relating to obscenity) or 110 
     (relating to sexual exploitation of children) of title 18, 
     United States Code, or any other Federal criminal statute.
       ``(2) No effect on intellectual property law.--Nothing in 
     this section shall be construed to limit or expand any law 
     pertaining to intellectual property.
       ``(3) In general.--Nothing in this section shall be 
     construed to prevent any State from enforcing any State law 
     that is consistent with this section.
       ``(f) Definitions.--As used in this section:
       ``(1) Internet.--The term `Internet' means the 
     international computer network of both Federal and non-
     Federal interoperable packet switched data networks.
       ``(2) Interactive computer service.--The term `interactive 
     computer service' means any information service that provides 
     computer access to multiple users via modem to a remote 
     computer server, including specifically a service that 
     provides access to the Internet.
       ``(3) Information content provider.--The term `information 
     content provider' means any person or entity that is 
     responsible, in whole or in part, for the creation or 
     development of information provided by the Internet or any 
     other interactive computer service, including any person or 
     entity that creates or develops blocking or screening 
     software or other techniques to permit user control over 
     offensive material.
       ``(4) Information service.--The term `information service' 
     means the offering of a capability for generating, acquiring, 
     storing, transforming, processing, retrieving, utilizing, or 
     making available information via telecommunications, and 
     includes electronic publishing, but does not include any use 
     of any such capability for the management, control, or 
     operation of a telecommunications system or the management of 
     a telecommunications service.''.

It was decided in the

Yeas

420

<3-line {>

affirmative

Nays

4`