Dot Kids Implementation and Efficiency Act of 2002
PL 107-317 (H.R.3833), enacted 12/04/2002

116 STAT. 2766 
PUBLIC LAW 107-317—DEC. 4, 2002 
Public Law 107-317 
107th Congress 
An Act 
To facilitate the creation of a new, second-level Internet domain within the United 
onno 
States country code domain that will be a haven for material that promotes 
Dec. 4, ZWZ 
positive experiences for children and families using the Internet, provides a safe 
[H.R. 3833] 
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 Representatives of 
Dot Kids 
the United States of America in Congress assembled, 
Implementation 
and Efficiency 
SECTION 1. SHORT TITLE. 
47 use 9oi note 
This Act may be cited as the "Dot Kids Implementation and 
Efficiency Act of 2002". 
47 u s e 941 note. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—^The Congress finds that— 
(1) the World Wide Web presents a stimulating and enter-
taining 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; 
(3) young children, when trying to use the World Wide 
Web for positive purposes, are often presented—either mistak-
enly or intentionally—^with material that is inappropriate for 
their age, which can be extremely frustrating for children, 
parents, and educators; 
(4) exposure of children to material that is inappropriate 
for them, including pornography, can distort the education and 
development of the Nation's youth and represents a serious 
harm to American families that can lead to a host of other 
problems for children, including inappropriate use of chat 
rooms, physical molestation, harassment, and legal and finan-
cial difficulties; 
(5) young boys and girls, older teens, troubled youth, fre-
quent Internet users, chat room participants, online risk takers, 
and those who communicate online with strangers are at 
greater risk for receiving unwanted sexual solicitation on the 
Internet; 
(6) studies have shown that 19 percent of youth (ages 
10 to 17) who used the Internet regularly were the targets 
of unwanted sexual solicitation, but less than 10 percent of 
the solicitations were reported to the police; 
(7) children who come across illegal content should report 
it to the congressionally authorized CyberTipline, an online 
PUBLIC LAW 107-317—DEC. 4, 2002 
116 STAT. 2767 
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 pornography, online enticement for 
sexual acts, child molestation (outside the family), and child 
prostitution; 
(9) although the computer software and hardware indus-
tries, and other related industries, have developed innovative 
ways to help parents and educators restrict material that is 
harmful to minors through parental control protections and 
self-regulation, 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 children under the age of 13, 
is analogous to the creation of a children's section within a 
library and will promote 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 physical and psycho-
logical well-being of minors by shielding 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 domain within 
the United States country code Internet domain for the location 
of material that is suitable for minors and not harmful to 
minors; and 
(2) to ensure that the National Telecommunications 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 AUTHORiry. 
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 subparagraph: 
"(C) shall assign to the NTIA responsibility for pro-
viding for the establishment, and overseeing operation, of 
a second-level Internet domain within the United States 
country code domain in accordance with section 157.". 
SEC. 4. CHILD-FRIENDLY SECOND-LEVEL INTERNET DOMAIN. 
The National Telecommunications and Information Administra-
tion 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. CmLD-FRIENDLY SECOND-LEVEL INTERNET DOMAIN, 
47 USC 941. 
"(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 
116 STAT. 2768 
PUBLIC LAW 107-317—DEC. 4, 2002 
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 CONTRACTS.— 
"(1) INITIAL REGISTRY.—^The NTIA shall not exercise any 
option periods under any contract between the NTIA and the 
initial registry to operate and maintain the United States 
country code Internet domain unless the initial registry agrees, 
during the 90-day period beginning upon the date of the enact-
ment of the Dot Kids Implementation and Efficiency Act of 
2002, to carry out, and to operate the new domain in accordance 
with, the requirements under subsection (c). Nothing in this 
subsection shall be construed to prevent the initial registry 
of the United States country code Internet domain from partici-
pating in the NTIA's process for selecting a successor registry 
or to prevent the NTIA from awarding, to the initial registry, 
the contract to be successor registry subject to the requirements 
of paragraph (2). 
"(2) SUCCESSOR REGISTRIES.—The NTIA shall not enter 
into any contract for operating and maintaining the United 
States country code Internet domain with any successor registry 
unless such registry enters into an agreement with the NTIA, 
during the 90-day period after selection of such registry, that 
provides for the registry to carry out, and the new domain 
to operate in accordance with, the requirements under sub-
section (c). 
"(c) REQUIREMENTS OF NEW DOMAIN.—The registry and 
new 
domain shall be subject to the following requirements: 
"(1) Written content standards for the new domain, except 
that the NTIA shall not have any authority to establish such 
standards. 
"(2) Written agreements with each registrar for the new 
domain that require that 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 agreements with reg-
istrants, to use the new domain in accordance with the stand-
ards 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 accordance with the standards 
and requirements of the registry. 
"(5) A process for removing from the new domain 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, expeditious, and impartial 
dispute resolution process regarding any material of the reg-
istrant excluded from the new domain. 
"(7) Continuous and uninterrupted service for the new 
domain during any transition to a new registry selected to 
operate and maintain new domain or the United States country 
code domain. 
"(8) Procedures and mechanisms to promote the accuracy 
of contact information submitted by registrants and retained 
by registrars in the new domain. 
PUBLIC LAW 107-317—DEC. 4, 2002 
116 STAT. 2769 
"(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 agreements with reg-
istrants, to prohibit two-way and multiuser interactive services 
in the new domain, unless the registrant certifies to the reg-
istrar that such service will be offered in compliance with 
the content standards established pursuant to paragraph (1) 
and is designed to reduce the risk of exploitation of minors 
using such two-way and multiuser interactive services. 
"(11) Written agreements with registrars, which shall 
require registrars to enter into written agreements with reg-
istrants, 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 section. 
"(d) OPTION PERIODS FOR INITIAL REGISTRY.—The NTIA shall 
grant the initial registry the option periods available under the 
contract between the NTIA and the initial registry to operate and 
maintain the United States country code Internet domain if, and 
may not grant such option periods unless, the NTIA finds that 
the initial registry has satisfactorily performed its obligations under 
this Act and under the contract. Nothing in this section shall 
preempt or alter the NTIA's authority to terminate such contract 
for the operation of the United States country code Internet domain 
for cause or for convenience. 
"(e) TREATMENT OF REGISTRY AND OTHER ENTITIES.— 
"(1) IN GENERAL.—Only to the extent that such entities 
carry out functions under this section, the following entities 
are deemed to be interactive computer services for purposes 
of section 230(c) of the Communications Act of 1934 (47 U.S.C. 
230(c)): 
"(A) The registry that operates and maintains the new 
domain. 
"(B) Any entity that contracts with such registry to 
carry out functions to ensure that content accessed through 
the new domain complies 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 paragraph (1) shall 
be construed to affect the applicability of any other provision 
of title II of the Communications Act of 1934 to the entities 
covered by subparagraph (A), (B), or (C) of paragraph (1). 
"(f) EDUCATION.—The NTIA 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 new domain in 
combination and coordination with hardware and software tech-
nologies that provide for filtering or blocking. The program under Deadline, 
this subsection shall be commenced not later than 30 days afler 
the date that the new domain first becomes operational and acces-
sible by the public. 
"(g) COORDINATION WITH FEDERAL GOVERNMENT.—The registry 
selected to operate and maintain the new domain shall— 
116 STAT. 2770 
PUBLIC LAW 107-317—DEC. 4, 2002 
"(1) consult with appropriate agencies of the Federal 
Government regarding procedures and actions to prevent 
minors and families who use the new domain from being tar-
geted by adults and other children for predatory behavior, 
exploitation, or illegal actions; and 
"(2) based upon the consultations conducted pursuant to 
paragraph (1), establish such procedures and take such actions 
as the registry may deem necessary to prevent such targeting. 
Deadline. 
The consultations, procedures, and actions required under this sub-
section shall be commenced not later than 30 days after the date 
that the new domain first becomes operational and accessible by 
the public. 
Deadline. 
"(h) COMPLIANCE REPORT.—^The registry shall prepare, on an 
annual basis, a report on the registry's monitoring and enforcement 
procedures for the new domain. The registry shall submit each 
such report, setting forth the results of the review of its monitoring 
and enforcement procedures for the new domain, to the Committee 
on Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the 
Senate. 
"(i) SUSPENSION OF NEW DOMAIN.—If the NTIA finds, pursuant 
to its own review or upon a good faith petition 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 operated as intended. 
"(j) 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 
contemporary 
community standards, would find, taking the material as 
a whole and with respect to minors, that it is designed 
to appeal to, or is designed to pander to, the prurient 
interest; 
"(B) the material depicts, describes, or represents, in 
a manner patently offensive with respect to minors, an 
actual or simulated sexual act or sexual 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, the material lacks serious, lit-
erary, artistic, political, or scientific value for minors. 
"(2) MINOR.—^The term 'minor' means any person under 
13 years of age. 
"(3) REGISTRY.—^The term 'registry^ means the registry 
selected to operate and maintain the United States country 
code Internet domain. 
"(4) SUCCESSOR REGISTRY.—^The term 'successor registry 
means any entity that enters into a contract with the NTIA 
to operate and maintain the United States country code Inter-
net domain that covers any period after the termination or 
expiration of the contract to operate and maintain the United 
States country code Internet domain, and any option periods 
under such contract, that was signed on October 26, 2001. 
"(5) SUITABLE FOR MINORS.—^The term 'suitable for minors' 
means, with respect to material, that it— 
PUBLIC LAW 107-317—DEC. 4, 2002 
116 STAT. 2771 
"(A) is not psychologically or intellectually inappro-
priate for minors; and 
"(B) serves— 
"(i) the educational, informational, intellectual, or 
cognitive needs of minors; or 
"(ii) the social, emotional, or entertainment needs 
of minors.". 
Approved December 4, 2002. 
LEGISLATIVE HISTORY—H.R. 3833: 
HOUSE REPORTS: No. 107-449 (Comm. on Energy and Commerce). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 
May 21, considered and passed House. 
Nov. 13, considered and passed Senate, amended. 
Nov. 14, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): 
Dec. 4, Presidential remarks.