II 

110TH CONGRESS 

1ST SESSION S. 1086 

To provide stronger protections to parents regarding their children’s access 

to sexually explicit material over the Internet. 

IN THE SENATE OF THE UNITED STATES 

APRIL 11, 2007 

Mr. BAUCUS (for himself and Mr. PRYOR) introduced the following bill; which 

was read twice and referred to the Committee on Commerce, Science, and 

Transportation 

A BILL 

To provide stronger protections to parents regarding their 

children’s access to sexually explicit material over the 

Internet. 

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 ‘‘Cyber Safety for Kids 

5 Act of 2007’’. 

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1 SEC. 2. PROHIBITION ON COMMERCIAL WEBSITES CON2 TAINING MATERIAL THAT IS HARMFUL TO 

3 MINORS. 

4 (a) IN GENERAL.—No person who operates a website 

5 located on the Internet where such website is primarily 

6 operated for commercial purposes may knowingly, and 

7 with knowledge of the character of the material, place ma8 terial that is harmful to minors on such website unless— 

9 (1) the home page, or any other page or screen 

10 that is initially viewable by a visitor to such website, 

11 does not include any material that is harmful to mi12 nors; 

13 (2) access to any such material is restricted to 

14 a specific set of individuals through an age 

15 verification requirement; and 

16 (3) the source code of such website contains the 

17 content description tag assigned to such website by 

18 the National Telecommunications and Information 

19 Administration. 

20 (b) NTIA DESCRIPTION TAG.—Not later than 90 

21 days after the date of enactment of this Act, the National 

22 Telecommunications and Information Administration shall 

23 develop a common content description tag that— 

24 (1) will provide consumers with advance warn25 ing and information about the content of any 

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1 website that contains material that is harmful to mi2 nors; 

3 (2) will allow consumers, based on such tag, to 

4 block or filter access to, and display of, any website 

5 that contains material that is harmful to minors; 

6 and 

7 (3) is technologically capable of being embedded 

8 into the source code a website. 

9 SEC. 3. REGISTRATION REQUIREMENTS. 

10 (a) IN GENERAL.—Any operator of a website who 

11 seeks to register such website, or who is required to re12 register any existing website with ICANN, shall, at a min13 imum and in addition to any other information required 

14 by ICANN, provide to ICANN the following: 

15 (1) The name of such operator. 

16 (2) The Uniform Resource Locator or URL for 

17 such website. 

18 (3) The Internet Protocol address for such 

19 website. 

20 (4) The content description tag of such website 

21 under section 2(b). 

22 (b) NTIA ACTION REQUIRED.—Not later than 30 

23 days after the date of the enactment of this Act, the Sec24 retary of Commerce, acting through the National Tele25 communications and Information Administration, shall— 

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1 (1) enter into any memorandums of under2 standing, agreements, and contracts with ICANN, 

3 as may be necessary to carry out the requirement 

4 under subsection (a); and 

5 (2) make any amendments to any existing 

6 memorandums of understandings, agreements, and 

7 contracts with ICANN, as may be necessary to carry 

8 out the requirement under subsection (a). 

9 SEC. 4. ENFORCEMENT. 

10 (a) VIOLATION.—Any person who violates this Act 

11 shall be subject to such civil penalties as the Secretary 

12 of Commerce shall prescribe. 

13 (b) ENFORCEMENT.—The Secretary of Commerce 

14 shall have the power to enforce the provisions of this Act, 

15 including— 

16 (1) any requirements or limitations applicable 

17 to a registrant under section 3; and 

18 (2) the imposition and collection of civil pen19 alties under subsection (a). 

20 SEC. 5. DEFINITIONS. 

21 In this Act, the following definitions shall apply: 

22 (1) ICANN.—The term ‘‘ICANN’’ means the 

23 Internet Corporation for Assigned Names and Num24 bers. 

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1 (2) INTERNET.—The term ‘‘Internet’’ means 

2 the combination of computer facilities and electro3 magnetic transmission media, and related equipment 

4 and software, comprising the interconnected world5 wide network of computer networks that employ the 

6 Transmission Control Protocol/Internet Protocol or 

7 any successor protocol to transmit information. 

8 (3) MATERIAL THAT IS HARMFUL TO MI9 NORS.—The term ‘‘material that is harmful to mi10 nors’’ means any communication, picture, image, 

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

12 other matter of any kind that is obscene, or that a 

13 reasonable person would find— 

14 (A) taking the material as a whole and 

15 with respect to minors, is designed to appeal to, 

16 or is designed to pander to, the prurient inter17 est; 

18 (B) depicts, describes, or represents, in a 

19 manner patently offensive with respect to mi20 nors— 

21 (i) an actual or simulated sexual act 

22 or sexual contact; 

23 (ii) an actual or simulated normal or 

24 perverted sexual act; or 

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1 (iii) a lewd exhibition of the genitals 

2 or post-pubescent female breast; and 

3 (C) taking the material as a whole, lacks 

4 serious literary, artistic, political, or scientific 

5 value for minors. 

6 (4) MINOR.—The term ‘‘minor’’ means any per7 son under 18 years of age. 

8 (5) SOURCE CODE.—The term ‘‘source code’’ 

9 means the combination of text and other characters 

10 comprising the content, both viewable and non11 viewable, of a webpage, including any— 

12 (A) website publishing language; 

13 (B) programming language; 

14 (C) protocol or functional content; and 

15 (D) successor languages or protocols. 

16 (6) TAG.—The term ‘‘tag’’ means a descriptive 

17 keyword or term associated with or assigned to a 

18 piece of information (such as a picture, article, or 

19 video clip), that— 

20 (A) describes such information; and 

21 (B) enables keyword-based classification 

22 and filtering of such information as required 

23 under this Act. 

24 (7) WEBSITE.—The term ‘‘website’’ means any 

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1 based file archive so that it is publicly accessible 

2 over the Internet using hypertext transfer protocol, 

3 or any successor protocol. 

Æ 

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