IB
Union Calendar No. 266
107TH CONGRESS
2D SESSION
H. R. 3833
[Report No. 107–449]
To facilitate the creation of a new, second-level Internet domain within the
United States country code domain that will be a haven for material
that promotes positive experiences for children and families using the
Internet, provides a safe online environment for children, and helps
to prevent children from being exposed to harmful material on the
Internet, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 4, 2002
Mr. SHIMKUS (for himself, Mr. MARKEY, Mr. UPTON, Mr. TERRY, Mr. PICK-
ERING, Mr. BARTON of Texas, Mr. TOWNS, and Mr. TAUZIN) introduced
the following bill; which was referred to the Committee on Energy and
Commerce
MAY 8, 2002
Additional sponsors: Mr. STEARNS, Mrs. JONES of Ohio, Mr. DEAL of Geor-
gia, Mrs. BONO, Mr. SULLIVAN, Mr. BROWN of Ohio, Mr. GILLMOR, Mr.
WALSH, Mr. OSBORNE, Mr. SCHIFF, Mrs. WILSON of New Mexico, Mr.
ROGERS of Michigan, Mr. GREENWOOD, Mr. SKEEN, Ms. BROWN of Flor-
ida, Ms. HART, Mr. FOSSELLA, Mr. RUSH, Mr. GORDON, Mr. FLETCHER,
Mr. GREEN of Wisconsin, Mr. MCGOVERN, Mr. DINGELL, Mr. VITTER,
Mr. FOLEY, Mr. BISHOP, Mr. SHOWS, Mr. WYNN, Mr. WELLER, Mr.
POMEROY, Ms. CARSON of Indiana, Mr. ISSA, and Mr. MCINTYRE
MAY 8, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 4, 2002]
A BILL
To facilitate the creation of a new, second-level Internet
domain within the United States country code domain
that will be a haven for material that promotes positive
experiences for children and families using the Internet,
provides a safe online environment for children, and
helps to prevent children from being exposed to harmful
material on the Internet, and for other purposes.
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 Implementa-
tion and Efficiency Act of 2002’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) the World Wide Web presents a stimulating
and entertaining opportunity for children to learn,
grow, and develop educationally and intellectually;
(2) Internet technology also makes available an
extensive amount of information that is harmful to
children, as studies indicate that a significant portion
of all material available on the Internet is related to
pornography;
(7) children who come across illegal content
should report it to the congressionally authorized
CyberTipline, an online mechanism developed by the
National Center for Missing and Exploited Children,
for citizens to report sexual crimes against children;
(8) the CyberTipline has received more than
64,400 reports, including reports of child pornog-
raphy, online enticement for sexual acts, child moles-
tation (outside the family), and child prostitution;
(9) although the computer software and hard-
ware industries, and other related industries, have de-
veloped innovative ways to help parents and edu-
cators restrict material that is harmful to minors
through parental control protections and self-regula-
tion, to date such efforts have not provided a national
solution to the problem of minors accessing harmful
material on the World Wide Web;
(10) the creation of a ‘‘green-light’’ area within
the United States country code Internet domain, that
will contain only content that is appropriate for chil-
dren under the age of 13, is analogous to the creation
of a children’s section within a library and will pro-
mote the positive experiences of children and families
in the United States; and
(11) while custody, care, and nurture of the child
reside first with the parent, the protection of the phys-
ical and psychological well-being of minors by shield-
ing them from material that is harmful to them is a
compelling governmental interest.
(b) PURPOSES.—The purposes of this Act are—
(1) to facilitate the creation of a second-level do-
main within the United States country code domain
for the location of material that is suitable for minors
and not harmful to minors; and
(2) to ensure that the National Telecommuni-
cations and Information Administration oversees the
creation of such a second-level domain and ensures
the effective and efficient establishment and operation
of the new domain.
SEC. 3. NTIA AUTHORITY.
Section 103(b)(3) of the National Telecommunications
and Information Administration Organization Act (47
U.S.C. 902(b)(3)) is amended—
(1) in subparagraph (A), by striking ‘‘and’’ at
the end;
(2) in subparagraph (B), by striking the period
at the end and inserting ‘‘; and’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(C) shall assign to the NTIA responsibility
for providing for the establishment, and over-
seeing operation, of a second-level Internet do-
main within the United States country code do-
main in accordance with section 157.’’.
SEC. 4. CHILD-FRIENDLY SECOND-LEVEL INTERNET DO-
MAIN.
The National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.)
is amended in part C by adding at the end the following
new section:
‘‘SEC. 157. CHILD-FRIENDLY SECOND-LEVEL INTERNET DO-
MAIN.
‘‘(a) RESPONSIBILITIES.—The NTIA shall require the
registry selected to operate and maintain the United States
country code Internet domain to establish, operate, and
maintain a second-level domain within the United States
country code domain that provides access only to material
that is suitable for minors and not harmful to minors (in
this section referred to as the ‘new domain’).
‘‘(b) CONDITIONS
OF
CONTRACT
RENEWAL.—The
NTIA may not renew any contract to operate and maintain
the domain with the initial registry, or enter into or renew
any such contract with any successor registry, unless such
registry enters into an agreement with the NTIA, during
the 90-day period beginning upon the date of the enactment
of the Dot Kids Implementation and Efficiency Act of 2002
in the case of the initial registry or during the 90-day pe-
riod after selection in the case of any successor registry, as
applicable, which provides for the registry to carry out, and
the new domain operates pursuant to, the following require-
ments:
‘‘(1) Written content standards for the new do-
main, except that the NTIA shall not have any au-
thority to establish such standards.
‘‘(2) Written agreements with each registrar for
the new domain that ensure use of the new domain
is in accordance with the standards and requirements
of the registry.
‘‘(3) Written agreements with registrars, which
shall require registrars to enter into written agree-
ments with registrants, to use the new domain in ac-
cordance with the standards and requirements of the
registry.
‘‘(4) Rules and procedures for enforcement and
oversight that minimize the possibility that the new
domain provides access to content that is not in ac-
cordance with the standards and requirements of the
registry.
‘‘(5) A process for removing from the new do-
main any content that is not in accordance with the
standards and requirements of the registry.
‘‘(6) A process to provide registrants to the new
domain with an opportunity for a prompt, expedi-
tious, and impartial dispute resolution process re-
garding any material of the registrant excluded from
the new domain.
‘‘(7) Continuous and uninterrupted service for
the new domain during any transition to a new reg-
istry selected to operate and maintain the United
States country code domain.
‘‘(8) Procedures and mechanisms to promote the
accuracy of contact information submitted by reg-
istrants and retained by registrars in the new do-
main.
‘‘(9) Operationality of the new domain not later
than one year after the date of the enactment of the
Dot Kids Implementation and Efficiency Act of 2002.
‘‘(10) Written agreements with registrars, which
shall require registrars to enter into written agree-
ments with registrants, to prohibit two-way and
multiuser interactive services in the new domain, un-
less the registrant certifies to the registrar that such
service will be offered in compliance with the content
standards established pursuant to paragraph (1) and
does not compromise the safety or security of minors.
‘‘(11) Written agreements with registrars, which
shall require registrars to enter into written agree-
ments with registrants, to prohibit hyperlinks in the
new domain that take new domain users outside of
the new domain.
‘‘(12) Any other action that the NTIA considers
necessary to establish, operate, or maintain the new
domain in accordance with the purposes of this sec-
tion.
‘‘(c) TREATMENT OF REGISTRY AND OTHER ENTI-
TIES.—
‘‘(1) IN GENERAL.—Only to the extent that such
entities carry out functions under this section, the fol-
lowing entities are deemed to be interactive computer
services for purposes of section 230(c) of the Commu-
nications Act of 1934 (47 U.S.C. 230(c)):
‘‘(A) The registry that operates and main-
tains the new domain.
‘‘(B) Any entity that contracts with such
registry to carry out functions to ensure that
content accessed through the new domain com-
plies with the limitations applicable to the new
domain.
‘‘(C) Any registrar for the registry of the
new domain that is operating in compliance
with its agreement with the registry.
‘‘(2) SAVINGS
PROVISION.—Nothing in para-
graph (1) shall be construed to affect the applicability
of any other provision of title II of the Communica-
tions Act of 1934 to the entities covered by subpara-
graph (A), (B), or (C) of paragraph (1).
‘‘(d) EDUCATION.—The NTIA shall carry out a pro-
gram to publicize the availability of the new domain and
to educate the parents of minors regarding the process for
utilizing the new domain in combination and coordination
with hardware and software technologies that provide for
filtering or blocking. The program under this subsection
shall be commenced not later than 30 days after the date
that the new domain first becomes operational and acces-
sible by the public.
‘‘(e) COORDINATION WITH FEDERAL GOVERNMENT.—
The registry selected to operate and maintain the new do-
main shall—
‘‘(1) consult with appropriate agencies of the
Federal Government regarding procedures and actions
to prevent minors and families who use the new do-
main from being targeted by adults and other chil-
dren for predatory 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 operational
and accessible by the public.
‘‘(f) COMPLIANCE REPORT.—The registry shall pre-
pare, on an annual basis, a report on the registry’s moni-
toring and enforcement procedures. The registry shall sub-
mit each such report, setting forth the results of the review
of its monitoring and enforcement procedures, to the Com-
mittee on Energy and Commerce of the House of Represent-
atives and the Committee on Commerce, Science, and
Transportation of the Senate.
‘‘(g) SELECTION OF REGISTRY.—
‘‘(1) WITHDRAWAL OF REGISTRY.—
‘‘(A) IN
GENERAL.—Upon a good faith
showing by the registry of the new domain to the
NTIA of extreme financial hardship in the oper-
ation of the new domain, the registry may elect
to relinquish the right to operate and maintain
the new domain. If the registry elects to relin-
quish such right, the NTIA shall select a subcon-
tractor to operate and maintain the new domain
under the competitive bidding process established
pursuant to paragraph (2). The subcontractor
shall have all of the rights and duties specified
under this Act, except that such duties shall not
include the technical maintenance of the new do-
main.
‘‘(B) EXTREME FINANCIAL HARDSHIP.—For
purposes of this paragraph, the term ‘extreme fi-
nancial hardship’ means that the costs of oper-
ating and maintaining the new domain exceed
the revenues generated from registrants by more
than 25 percent for a period of more than 6 con-
secutive quarters, following the first year of oper-
ation.
‘‘(2) COMPETITIVE BID SELECTION PROCESS.—
The NTIA shall establish a process for soliciting ap-
plications and choosing a subcontractor to operate
and maintain the new domain pursuant to para-
graph (1), which process shall comply with the fol-
lowing requirements:
‘‘(A) TIMING.—The selection process shall
commence and complete not later than 120 days
after the registry elects to relinquish the new do-
main for extreme financial hardship.
‘‘(B) NOTICE.—The selection process shall
provide adequate notice to prospective applicants
of—
‘‘(i) the opportunity to submit such an
application; and
‘‘(ii) the criteria for selection under
subparagraph (C).
‘‘(C) CRITERIA.—The selection shall be
made pursuant to written, objective criteria de-
signed to ensure—
‘‘(i) that the new domain is operated
and maintained in accordance with the re-
quirements under subsection (b); and
‘‘(ii) that the subcontractor selected to
operate and maintain the new domain is
the applicant most capable and qualified to
do so.
‘‘(D) REVIEW.—Not more than 60 days
after the conclusion of the period established for
submission of applications, the NTIA shall—
‘‘(i) review and apply the selection cri-
teria established under subparagraph (C) to
each application submitted; and
‘‘(ii) based upon such criteria and sub-
ject to submission of an application meeting
such criteria, select an application and
award to the applicant a subcontract for the
operation and maintenance of the new do-
main.
‘‘(E) FAILURE TO FIND SUBCONTRACTOR.—
If the NTIA fails to find a suitable subcontractor
pursuant to the process under this paragraph,
the NTIA shall permit the registry to cease oper-
ation of the new domain.
‘‘(h) SUSPENSION OF NEW DOMAIN.—If the NTIA
finds, pursuant to its own review or upon a good faith peti-
tion by the registry, that the new domain is not serving
its intended purpose, the NTIA shall instruct the registry
to suspend operation of the new domain until such time
as the NTIA determines that the new domain can be oper-
ated as intended.
‘‘(i) DEFINITIONS.—For purposes of this section, the
following definitions shall apply:
‘‘(1) HARMFUL TO MINORS.—The term ‘harmful
to minors’ means, with respect to material, that—
‘‘(A) the average person, applying contem-
porary community standards, would find, taking
the material as a whole and with respect to mi-
nors, that it is designed to appeal to, or is de-
signed to pander to, the prurient interest;
‘‘(B) the material depicts, describes, or rep-
resents, in a manner patently offensive with re-
spect to minors, an actual or simulated sexual
act or sexual contact, an actual or simulated
normal or perverted sexual act, or a lewd exhi-
bition of the genitals or post-pubescent female
breast; and
‘‘(C) taken as a whole, the material lacks se-
rious, literary, artistic, political, or scientific
value for minors.
‘‘(2) MINOR.—the term ‘minor’ means any per-
son under 13 years of age.
‘‘(3) SUITABLE FOR MINORS.—The term ‘suitable
for minors’ means, with respect to material, that it—
‘‘(A) is not psychologically or intellectually
inappropriate for minors; and
‘‘(B) serves—
‘‘(i) the educational, informational, in-
tellectual, or cognitive needs of minors; or
‘‘(ii) the social, emotional, or enter-
tainment needs of minors.’’.
Union Calendar No. 266
107TH CONGRESS
2D SESSION
H. R. 3833
[Report No. 107–449]
A BILL
To facilitate the creation of a new, second-level
Internet domain within the United States coun-
try code domain that will be a haven for material
that promotes positive experiences for children
and families using the Internet, provides a safe
online environment for children, and helps to pre-
vent children from being exposed to harmful ma-
terial on the Internet, and for other purposes.
MAY 8, 2002
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed