I
107TH CONGRESS
1ST SESSION
H. R. 2417
To facilitate the creation of a new global top-level Internet domain that
will be a haven for material that will promote positive experiences of
children and families using the Internet, to provide a safe online environ-
ment for children, and to help prevent children from being exposed
to harmful material on the Internet, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 28, 2001
Mr. SHIMKUS (for himself and Mr. MARKEY) introduced the following bill;
which was referred to the Committee on Energy and Commerce
A BILL
To facilitate the creation of a new global top-level Internet
domain that will be a haven for material that will pro-
mote positive experiences of children and families using
the Internet, to provide a safe online environment for
children, and to help prevent children from being exposed
to harmful material on the Internet, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Dot Kids Domain
Name Act of 2001’’.
SEC. 2. ESTABLISHMENT OF KIDS-FRIENDLY TOP-LEVEL
DOMAIN NAME.
(a) NTIA ACTION.—Within 30 days after the date
of the enactment of this Act, the Secretary of Commerce,
acting through the National Telecommunications and In-
formation Administration, shall—
(1) pursuant to the authority under section
II.B. of the Memorandum of Understanding Be-
tween the U.S. Department of Commerce and the
Internet Corporation for Assigned Names and Num-
bers, entered into on November 25, 1998, regarding
oversight of the policy for determining the cir-
cumstances under which new top-level Internet do-
mains are added to the root system, jointly with
ICANN, develop a plan in accordance with section 3
of this Act for ICANN to establish the new domain
in accordance with the requirements under sub-
section (b) of this section;
(2) upon completion of the development of such
plan, make the plan publicly available; and
(3) enter into any memorandums of under-
standing, agreements, and contracts with ICANN,
and any amendments to existing such memoran-
dums, agreements, and contracts, as may be nec-
essary to provide for ICANN to carry out such plan.
(b) REQUIREMENTS FOR NEW DOMAIN.—The new
domain shall be subject to the following requirements:
(1) TOP-LEVEL, INTERNATIONAL
DOMAIN.—
The new domain shall be established as a top-level,
International domain having a domain name appro-
priate for its purpose.
(2) GREEN
LIGHT
APPROACH.—The new do-
main shall be available for voluntary use as a loca-
tion only of material that is considered suitable for
minors and shall not be available for use as a loca-
tion of any material that is harmful to minors.
(3) OPERATOR
OF
DOMAIN.—The entity se-
lected pursuant to section 3 to establish, operate,
and maintain the new domain shall—
(A) establish, operate, and maintain the
domain in accordance with the requirements
under this subsection; and
(B) provide for the creation of an inde-
pendent board, with diverse membership, which
shall be responsible for—
(i) establishing written criteria for ac-
cepting registrants for the new domain and
for any limitations applicable to the new
domain, which shall include a requirement
that any registrant agree to use the new
domain in accordance with paragraph (2);
and
(ii) ensuring that subscription rates or
fees for obtaining a new domain name are
as minimal as possible.
(4) CONSULTATION.—In carrying out the estab-
lishment, operation, and maintenance of the new do-
main, family organizations and international organi-
zations concerned with the operations of the Internet
shall be coordinated with and consulted.
(5) PERIODIC AUDITS.—Periodic audits shall be
conducted to ensure compliance with requirements,
registration criteria, and limitations applicable to the
new domain.
(6) REVIEW OF EXCLUSION.—A registrant to
the new domain shall have the opportunity for an
impartial hearing regarding any material excluded
from the domain. Such a hearing shall provide the
basic elements of due process, including adequate
notice, a right to representation, an opportunity to
present evidence and witnesses, an opportunity to
examine and refute evidence, an opportunity to
cross-examine witnesses, and a right to a decision on
the merits.
(7) OTHER.—Any other requirements that may
be established under the plan developed pursuant to
subsection (a).
SEC. 3. SELECTION PROCESS FOR OPERATOR OF NEW DO-
MAIN.
(a) APPLICATION PROCESS.—A plan in accordance
with this section shall establish a process for soliciting ap-
plications for establishment of the new domain, which
process shall—
(1) commence and complete not later than 60
days after the expiration of the 30-day period re-
ferred to in section 2(a);
(2) provide adequate notice to prospective appli-
cants (including any applicant that previously filed
an application with ICANN for similar purposes
that was rejected) of—
(A) the opportunity to submit such an ap-
plication; and
(B) the criteria for selection under sub-
section (b)(1);
(3) involve a fee for filing an application that
does not exceed the minimum amount reasonably es-
timated as necessary to recover any expenses of
ICANN relating to the process for establishing the
new domain; and
(4) provide for reimbursement to applicants of
any amounts collected in filing fees that exceed the
actual amount of expenses of ICANN relating to the
process for establishing the new domain.
(b) SELECTION PROCESS.—A plan in accordance
with this section shall establish a process for selection,
from applications submitted pursuant to the process under
subsection (a), of an application for the establishment of
the new domain in accordance with the requirements
under section 2(b). Such selection process shall comply
with the following requirements:
(1) CRITERIA.—The selection shall be made
pursuant to written, objective criteria designed to
ensure—
(A) that the new domain is established, op-
erated, and maintained in accordance with the
requirements under section 2(b); and
(B) that the entity selected to establish,
operate, and maintain the domain is the appli-
cant most capable and qualified to do so.
(2) INITIAL REVIEW.—Not more than 60 days
after the conclusion of the application period pursu-
ant to subsection (a)(1), ICANN shall—
(A) review and apply the selection criteria
established under paragraph (1) to each appli-
cation submitted; and
(B) based upon such criteria, select an ap-
plication and award to the applicant a contract
for establishment, operation, and maintenance
of the new domain, unless ICANN determines
that no applicant could minimally provide for
establishment, operation, and maintenance of
the new domain in accordance with the require-
ments under section 2(b).
(3) SECOND APPLICATION PERIOD.—If no ap-
plicant is selected pursuant to paragraph (2), not
later than 30 days after the expiration of the 60-day
period under paragraph (2), ICANN shall commence
another application and selection process that com-
plies with the requirements under subsection (a) and
this subsection.
(4) REPORT.—If the second application and se-
lection process pursuant to paragraph (3) does not
result in the award of a contract for establishment,
operation, and maintenance of the new domain, not
later than 30 days after the conclusion of such sec-
ond 60-day period under paragraph (2), ICANN
shall inform the Secretary of Commerce in writing
of such failure to award a contract and submit to
the Secretary a report describing the application and
selection process and setting forth the reasons for
such failure to award a contract.
(c) FULL OPERATION.—A plan in accordance with
this section shall provide for ICANN to take all actions
necessary to facilitate the full operation of the new domain
within 6 months after the award of the contract for estab-
lishment, operation, and maintenance of the domain.
(d) PRIORITY FOR ESTABLISHMENT OF DOMAIN.—
(1) ICAAN.—A plan in accordance with this
section shall provide that ICANN may not establish
any top-level generic or country code Internet do-
main that has not already been approved by ICANN
on or before the date of the enactment of this Act
until after the new domain provided for under such
plan has been established.
(2) DEPARTMENT
OF
COMMERCE.—The Sec-
retary of Commerce may not approve, through the
National Telecommunications Information Adminis-
tration or otherwise, the establishment of any top-
level generic or country code Internet domain that
has not already been approved by ICANN on or be-
fore the date of the enactment of this Act until after
the new domain has been established pursuant to a
plan in accordance with this section.
(e) CONTINUATION OF DEPARTMENT OF COMMERCE
OVERSIGHT
AND APPROVAL AUTHORITY.—During any
period that ICANN has any authority for the establish-
ment of top-level generic or county code Internet domains
and for selection of registry services for such domains, the
Secretary of Commerce—
(1) shall carry out oversight and approval of
such functions for the Federal Government;
(2) shall make every reasonable effort to retain
the authority reserved to the Department of Com-
merce under the Memorandum of Understanding re-
ferred to in section 2(a)(1) of this Act and any
amendments to such Memorandum; and
(3) shall diligently exercise such authority.
(f) ANNUAL OVERSIGHT.—A plan in accordance with
this section shall provide that ICANN shall, on an annual
basis, review the actions of the entity selected to establish,
operate, and maintain the new domain to ensure that such
entity is complying with the requirements of section 2(b).
SEC. 4. LIABILITY PROTECTIONS.
(a) TREATMENT OF PUBLISHER OR SPEAKER.—No
person or entity that operates or maintains the new do-
main shall be treated as the publisher or speaker of any
information provided by another registrant for the do-
main.
(b) CIVIL LIABILITY.—No person or entity that oper-
ates or maintains the new domain shall be held liable be-
cause of—
(1) any action voluntarily taken in good faith to
restrict access through the new domain to, or avail-
ability through the new domain of, material that
such person or entity considers to be harmful to mi-
nors, obscene, lewd, lascivious, filthy, excessively vio-
lent, harassing, or otherwise objectionable, whether
or not such material is constitutionally protected, ex-
cept that any action taken to exclude specific mate-
rial from the new domain shall be subject to the pro-
visions of section 2(b)(6); or
(2) any action taken to enable or make avail-
able to registrants to the new domain or others the
technical means to restrict access by minors to ma-
terial described in paragraph (1).
SEC. 5. EDUCATION AND OVERSIGHT.
(a) EDUCATION.—The Secretary of Commerce, act-
ing through the National Telecommunications and Infor-
mation Administration, shall carry out a program to pub-
licize the availability of the new domain and to educate
the parents of minors regarding the process for utilizing
the domain in combination and coordination with hard-
ware and software technologies that provide for filtering
or blocking of unsuitable content. The program under this
subsection shall be commenced not later than 30 days
after the date that the new domain first becomes oper-
ational and accessible by the public.
(b) OVERSIGHT.—The Secretary of Commerce, acting
through the National Telecommunications and Informa-
tion Administration, and the entity selected to operate and
maintain the new domain shall—
(1) consult with the Attorney General regarding
appropriate procedures and actions to prevent mi-
nors and families who use the new domain from
being targeted by adults and other children for pred-
atory behavior, exploitation, or illegal actions; and
(2) establish such procedures and take such ac-
tions as may be necessary to prevent such targeting.
The consultations, procedures, and actions required under
this subsection shall be commenced not later than 30 days
after the date that the new domain first becomes oper-
ational and accessible by the public.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) ICANN.—The term ‘‘ICANN’’ means the
Internet Corporation for Assigned Names and Num-
bers.
(2) MATERIAL
THAT
IS
HARMFUL
TO
MI-
NORS.—The term ‘‘material that is harmful to mi-
nors’’ means any communication, picture, image,
graphic image file, article, recording, writing, or
other matter of any kind that is obscene or that—
(A) the average person, applying contem-
porary community standards, would find, taking
the material as a whole and with respect to mi-
nors, is designed to appeal to, or is designed to
pander to, the prurient interest;
(B) depicts, describes, or represents, in a
manner patently offensive with respect to mi-
nors, an actual or simulated sexual act or sex-
ual contact, an actual or simulated normal or
perverted sexual act, or a lewd exhibition of the
genitals or post-pubescent female breast; and
(C) taken as a whole, lacks serious literary,
artistic, political, or scientific value for minors.
(3) MINOR.—The term ‘‘minor’’ means any per-
son under 17 years of age.
(4) NEW DOMAIN.—The term ‘‘new domain’’
means the Internet domain established pursuant to
this Act.
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