I

104TH CONGRESS

1ST SESSION H. R. 2104

To amend section 1464 of title 18, United States Code, to punish

transmission by computer of indecent material to minors.

IN THE HOUSE OF REPRESENTATIVES

JULY 24, 1995

Mr. SMITH of New Jersey introduced the following bill; which was referred

to the Committee on the Judiciary

A BILL

To amend section 1464 of title 18, United States Code,

to punish transmission by computer of indecent material

to minors.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Protection of Children

5 From Computer Pornography Act of 1995’’.

6 SEC. 2. TRANSMISSION BY COMPUTER OF INDECENT MATE7 RIAL TO MINORS.

8 (a) OFFENSES.—Section 1464 of title 18, United

9 States Code, is amended—
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1 (1) in the heading by striking ‘‘Broadcast2 ing obscene language’’ and inserting ‘‘Utter3 ance of indecent or profane language by

4 radio communication; transmission to

5 minor of indecent material from remote

6 computer facility, electronic communica7 tions service, or electronic bulletin board

8 service’’;

9 (2) by striking ‘‘Whoever’’ and inserting ‘‘(a)

10 UTTERANCE OF INDECENT OR PROFANE LANGUAGE

11 BY RADIO COMMUNICATION.—A person who’’; and

12 (3) by adding at the end the following:

13 ‘‘(b) TRANSMISSION TO MINOR OF INDECENT MATE14 RIAL FROM REMOTE COMPUTER FACILITY, ELECTRONIC

15 COMMUNICATIONS SERVICE, OR ELECTRONIC BULLETIN

16 BOARD SERVICE PROVIDER.—

17 ‘‘(1) DEFINITIONS.—As used in this sub18 section—

19 ‘‘(A) the term ‘remote computer facility’

20 means a facility that—

21 ‘‘(i) provides to the public computer

22 storage or processing services by means of

23 an electronic communications system; and
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1 ‘‘(ii) permits a computer user to

2 transfer electronic or digital material from

3 the facility to another computer;

4 ‘‘(B) the term ‘electronic communications

5 service’ means any wire, radio, electromagnetic,

6 photo optical, or photoelectronic system for the

7 transmission of electronic communications, and

8 any computer facility or related electronic

9 equipment for the electronic storage of such

10 communications, that permits a computer user

11 to transfer electronic or digital material from

12 the service to another computer; and

13 ‘‘(C) the term ‘electronic bulletin board

14 service’ means a computer system, regardless of

15 whether operated for commercial purposes, that

16 exists primarily to provide remote or on-site

17 users with digital images, or that exists pri18 marily to permit remote or on-site users to par19 ticipate in or create on-line discussion groups or

20 conferences.

21 ‘‘(2) TRANSMISSION BY REMOTE COMPUTER FA22 CILITY OPERATOR, ELECTRONIC COMMUNICATIONS

23 SERVICE PROVIDER, OR ELECTRONIC BULLETIN

24 BOARD SERVICE PROVIDER.—A remote computer fa25 cility operator, electronic communications service
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1 provider, electronic bulletin board service provider

2 who, with knowledge of the character of the mate3 rial, knowingly—

4 ‘‘(A) transmits or offers or attempts to

5 transmit from the remote computer facility,

6 electronic communications service, or electronic

7 bulletin board service provider a communication

8 that contains indecent material to a person

9 under 18 years of age; or

10 ‘‘(B) causes or allows to be transmitted

11 from the remote computer facility, electronic

12 communications service, or electronic bulletin

13 board a communication that contains indecent

14 material to a person under 18 years of age or

15 offers or attempts to do so,

16 shall be fined in accordance with this title, impris17 oned not more than 5 years, or both.

18 ‘‘(3) PERMITTING ACCESS TO TRANSMIT INDE19 CENT MATERIAL TO A MINOR.—Any remote com20 puter facility operator, electronic communications

21 service provider, or electronic bulletin board service

22 provider who willfully permits a person to use a re23 mote computing service, electronic communications

24 service, or electronic bulletin board service that is

25 under the control of that remote computer facility
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1 operator, electronic communications service provider,

2 or electronic bulletin board service provider, to

3 knowingly or recklessly transmit indecent material

4 from another remote computing service, electronic

5 communications service, or electronic bulletin board

6 service, to a person under 18 years of age, shall be

7 fined not more than $10,000, imprisoned not more

8 than 2 years, or both.

9 ‘‘(4) THREE-JUDGE COURT FOR CIVIL AC10 TION.—Any civil action challenging the constitu11 tionality of any provision of this subsection shall be

12 heard and determined by a district court of three

13 judges in accordance with section 2284 of title 28,

14 United States Code.’’.

15 (b) CLERICAL AMENDMENT.—The item relating to

16 section 1464 in the table of sections at the beginning of

17 chapter 71 of title 18, United States Code, is amended

18 to read as follows:

‘‘1464. Utterance of indecent or profane language by radio communication;

transmission to minor of indecent material from remote computer facility.’’.

19 (c) REPORT BY ATTORNEY GENERAL.—

20 (1) IN GENERAL.—Not later than 2 years after

21 the date of the enactment of this Act, the Attorney

22 General shall report to the Congress on the state of

23 the technology that would permit parents to block or
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1 otherwise filter the transmission of indecent material

2 to minors.

3 (2) RECOMMENDATIONS.—The report shall in4 clude recommendations regarding whether the use of

5 blocking or filtering technology by a remote com6 puter facility operator, electronic communications

7 service provider, or electronic bulletin board service

8 provider should be treated as an affirmative defense

9 to prosecution under section 1464(b) of title 18,

10 United States Code, as added by section 2(a)(3).

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