II

105TH CONGRESS

1ST SESSION S. 1482

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

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,

3 SECTION 1. PROHIBITION ON COMMERCIAL DISTRIBUTION

4 ON THE WORLD WIDE WEB OF MATERIAL

5 THAT IS HARMFUL TO MINORS.

6 (a) PROHIBITION.—

7 (1) IN GENERAL.—Section 223 of the Commu8 nications Act of 1934 (47 U.S.C. 223) is amended—
2

•S 1482 IS

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

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

3 respectively; and

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

5 following new subsection (e):

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

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

8 of the commercial distribution of material that is harmful

9 to minors shall restrict access to such material by persons

10 under 17 years of age.

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

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

13 six months, or both.

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

15 whoever intentionally violates paragraph (1) shall be sub16 ject to a fine of not more than $50,000 for each violation.

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

18 constitute a separate violation.

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

20 (2) and (3), whoever violates paragraph (1) shall be sub21 ject to a civil fine of not more than $50,000 for each viola22 tion. For purposes of this paragraph, each day of violation

23 shall constitute a separate violation.

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

25 this subsection that the defendant restricted access to ma-
3

•S 1482 IS

1 terial that is harmful to minors by persons under 17 years

2 of age by requiring use of a verified credit card, debit ac3 count, adult access code, or adult personal identification

4 number or in accordance with such other procedures as

5 the Commission may prescribe.

6 ‘‘(6) This subsection may not be construed to author7 ize the Commission to regulate in any manner the content

8 of any information provided on the World Wide Web.

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

10 ‘‘(A) The term ‘material that is harmful to mi11 nors’ means any communication, picture, image,

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

13 other matter of any kind that—

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

15 minors, appeals to a prurient interest in nudity,

16 sex, or excretion;

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

18 patently offensive way with respect to what is

19 suitable for minors, an actual or simulated sex20 ual act or sexual contact, actual or simulated

21 normal or perverted sexual acts, or a lewd exhi22 bition of the genitals; and

23 ‘‘(iii) lacks serious literary, artistic, politi24 cal, or scientific value.
4

•S 1482 IS

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

2 have the meanings assigned such terms in section

3 2246 of title 18, United States Code.’’.

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

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

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

7 (b) AVAILABILITY ON INTERNET OF DEFINITION OF

8 MATERIAL THAT IS HARMFUL TO MINORS.—The Attor9 ney General, in the case of the Internet web site of the

10 Department of Justice, and the Federal Communications

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

12 Commission, shall each post or otherwise make available

13 on such web site such information as is necessary to in14 form the public of the meaning of the term ‘‘material that

15 is harmful to minors’’ under section 223(e) of the Commu16 nications Act of 1934, as amended by subsection (a) of

17 this section.

Æ