II

Calendar No. 436

105TH CONGRESS

2D SESSION S. 1482

[Report No. 105–225]

To amend section 223 of the Communications Act of 1934 to establish

a prohibition on commercial distribution on the World Wide Web of

material that is harmful to minors, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 8, 1997

Mr. COATS introduced the following bill; which was read twice and referred

to the Committee on Commerce, Science, and Transportation

JUNE 25, 1998

Reported by Mr. MCCAIN, without amendment

A BILL

To amend section 223 of the Communications Act of 1934

to establish a prohibition on commercial distribution on

the World Wide Web of material that is harmful to

minors, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. PROHIBITION ON COMMERCIAL DISTRIBUTION

2 ON THE WORLD WIDE WEB OF MATERIAL

3 THAT IS HARMFUL TO MINORS.

4 (a) PROHIBITION.—

5 (1) IN GENERAL.—Section 223 of the Commu6 nications Act of 1934 (47 U.S.C. 223) is amended—

7 (A) by redesignating subsections (e), (f),

8 (g), and (h) as subsections (f), (g), (h), and (i),

9 respectively; and

10 (B) by inserting after subsection (d) the

11 following new subsection (e):

12 ‘‘(e)(1) Whoever in interstate or foreign commerce in

13 or through the World Wide Web is engaged in the business

14 of the commercial distribution of material that is harmful

15 to minors shall restrict access to such material by persons

16 under 17 years of age.

17 ‘‘(2) Any person who violates paragraph (1) shall be

18 fined not more than $50,000, imprisoned not more than

19 six months, or both.

20 ‘‘(3) In addition to the penalties under paragraph (2),

21 whoever intentionally violates paragraph (1) shall be sub22 ject to a fine of not more than $50,000 for each violation.

23 For purposes of this paragraph, each day of violation shall

24 constitute a separate violation.

25 ‘‘(4) In addition to the penalties under paragraphs

26 (2) and (3), whoever violates paragraph (1) shall be sub-
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1 ject to a civil fine of not more than $50,000 for each viola2 tion. For purposes of this paragraph, each day of violation

3 shall constitute a separate violation.

4 ‘‘(5) It is an affirmative defense to prosecution under

5 this subsection that the defendant restricted access to ma6 terial that is harmful to minors by persons under 17 years

7 of age by requiring use of a verified credit card, debit ac8 count, adult access code, or adult personal identification

9 number or in accordance with such other procedures as

10 the Commission may prescribe.

11 ‘‘(6) This subsection may not be construed to author12 ize the Commission to regulate in any manner the content

13 of any information provided on the World Wide Web.

14 ‘‘(7) For purposes of this subsection:

15 ‘‘(A) The term ‘material that is harmful to mi16 nors’ means any communication, picture, image,

17 graphic image file, article, recording, writing, or

18 other matter of any kind that—

19 ‘‘(i) taken as a whole and with respect to

20 minors, appeals to a prurient interest in nudity,

21 sex, or excretion;

22 ‘‘(ii) depicts, describes, or represents, in a

23 patently offensive way with respect to what is

24 suitable for minors, an actual or simulated sex25 ual act or sexual contact, actual or simulated
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1 normal or perverted sexual acts, or a lewd exhi2 bition of the genitals; and

3 ‘‘(iii) lacks serious literary, artistic, politi4 cal, or scientific value.

5 ‘‘(B) The terms ‘sexual act’ and ‘sexual contact’

6 have the meanings assigned such terms in section

7 2246 of title 18, United States Code.’’.

8 (2) CONFORMING AMENDMENT.—Subsection (g)

9 of such section, as so redesignated, is amended by

10 striking ‘‘(e), or (f)’’ and inserting ‘‘(f), or (g)’’.

11 (b) AVAILABILITY ON INTERNET OF DEFINITION OF

12 MATERIAL THAT IS HARMFUL TO MINORS.—The Attor13 ney General, in the case of the Internet web site of the

14 Department of Justice, and the Federal Communications

15 Commission, in the case of the Internet web site of the

16 Commission, shall each post or otherwise make available

17 on such web site such information as is necessary to in18 form the public of the meaning of the term ‘‘material that

19 is harmful to minors’’ under section 223(e) of the Commu20 nications Act of 1934, as amended by subsection (a) of

21 this section.

Calendar No. 436

105TH CONGRESS

2D SESSION S. 1482

[Report No. 105–225]

A BILL

To amend section 223 of the Communications Act

poses.that is harmful to minors, and for other purdistribution on the World Wide Web of materialof 1934 to establish a prohibition on commercial

JUNE 25, 1998

Reported without amendment