I
104TH CONGRESS
1ST SESSION
H. R. 2104
To amend section 1464 of title 18, United States Code, to punish
transmission by computer of indecent material to minors.
IN THE HOUSE OF REPRESENTATIVES
JULY 24, 1995
Mr. SMITH of New Jersey introduced the following bill; which was referred
to the Committee on the Judiciary
A BILL
To amend section 1464 of title 18, United States Code,
to punish transmission by computer of indecent material
to minors.
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 ‘‘Protection of Children
From Computer Pornography Act of 1995’’.
SEC. 2. TRANSMISSION BY COMPUTER OF INDECENT MATE-
RIAL TO MINORS.
(a) OFFENSES.—Section 1464 of title 18, United
States Code, is amended—
(1) in the heading by striking ‘‘Broadcast-
ing obscene language’’ and inserting ‘‘Utter-
ance of indecent or profane language by
radio communication; transmission to
minor of indecent material from remote
computer facility, electronic communica-
tions service, or electronic bulletin board
service’’;
(2) by striking ‘‘Whoever’’ and inserting ‘‘(a)
UTTERANCE OF INDECENT OR PROFANE LANGUAGE
BY RADIO COMMUNICATION.—A person who’’; and
(3) by adding at the end the following:
‘‘(b) TRANSMISSION TO MINOR OF INDECENT MATE-
RIAL FROM REMOTE COMPUTER FACILITY, ELECTRONIC
COMMUNICATIONS SERVICE, OR ELECTRONIC BULLETIN
BOARD SERVICE PROVIDER.—
‘‘(1) DEFINITIONS.—As used in this sub-
section—
‘‘(A) the term ‘remote computer facility’
means a facility that—
‘‘(i) provides to the public computer
storage or processing services by means of
an electronic communications system; and
‘‘(ii) permits a computer user to
transfer electronic or digital material from
the facility to another computer;
‘‘(B) the term ‘electronic communications
service’ means any wire, radio, electromagnetic,
photo optical, or photoelectronic system for the
transmission of electronic communications, and
any computer facility or related electronic
equipment for the electronic storage of such
communications, that permits a computer user
to transfer electronic or digital material from
the service to another computer; and
‘‘(C) the term ‘electronic bulletin board
service’ means a computer system, regardless of
whether operated for commercial purposes, that
exists primarily to provide remote or on-site
users with digital images, or that exists pri-
marily to permit remote or on-site users to par-
ticipate in or create on-line discussion groups or
conferences.
‘‘(2) TRANSMISSION BY REMOTE COMPUTER FA-
CILITY
OPERATOR, ELECTRONIC
COMMUNICATIONS
SERVICE
PROVIDER, 
OR
ELECTRONIC
BULLETIN
BOARD SERVICE PROVIDER.—A remote computer fa-
cility operator, electronic communications service
provider, electronic bulletin board service provider
who, with knowledge of the character of the mate-
rial, knowingly—
‘‘(A) transmits or offers or attempts to
transmit from the remote computer facility,
electronic communications service, or electronic
bulletin board service provider a communication
that contains indecent material to a person
under 18 years of age; or
‘‘(B) causes or allows to be transmitted
from the remote computer facility, electronic
communications service, or electronic bulletin
board a communication that contains indecent
material to a person under 18 years of age or
offers or attempts to do so,
shall be fined in accordance with this title, impris-
oned not more than 5 years, or both.
‘‘(3) PERMITTING ACCESS TO TRANSMIT INDE-
CENT MATERIAL TO A MINOR.—Any remote com-
puter facility operator, electronic communications
service provider, or electronic bulletin board service
provider who willfully permits a person to use a re-
mote computing service, electronic communications
service, or electronic bulletin board service that is
under the control of that remote computer facility
operator, electronic communications service provider,
or electronic bulletin board service provider, to
knowingly or recklessly transmit indecent material
from another remote computing service, electronic
communications service, or electronic bulletin board
service, to a person under 18 years of age, shall be
fined not more than $10,000, imprisoned not more
than 2 years, or both.
‘‘(4) THREE-JUDGE
COURT
FOR
CIVIL
AC-
TION.—Any civil action challenging the constitu-
tionality of any provision of this subsection shall be
heard and determined by a district court of three
judges in accordance with section 2284 of title 28,
United States Code.’’.
(b) CLERICAL AMENDMENT.—The item relating to
section 1464 in the table of sections at the beginning of
chapter 71 of title 18, United States Code, is amended
to read as follows:
‘‘1464. Utterance of indecent or profane language by radio communication;
transmission to minor of indecent material from remote com-
puter facility.’’.
(c) REPORT BY ATTORNEY GENERAL.—
(1) IN GENERAL.—Not later than 2 years after
the date of the enactment of this Act, the Attorney
General shall report to the Congress on the state of
the technology that would permit parents to block or
otherwise filter the transmission of indecent material
to minors.
(2) RECOMMENDATIONS.—The report shall in-
clude recommendations regarding whether the use of
blocking or filtering technology by a remote com-
puter facility operator, electronic communications
service provider, or electronic bulletin board service
provider should be treated as an affirmative defense
to prosecution under section 1464(b) of title 18,
United States Code, as added by section 2(a)(3).
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