V. OBSCENITY AND VIOLENCE
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V. OBSCENITY AND VIOLENCE
This title may be cited as the `Communications Decency Act
of 1996'.
(NB. On June 26, 1997, the US Supreme
Court, by a 7 to 2 vote, overturned the Communications Decency Act of 1996,
finding it in violation of the free speech guarantees of the First Amendment
to the US Constitution.)
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V. OBSCENITY AND VIOLENCE
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502. OBSCENE OR HARASSING USE OF TELECOMMUNICATIONS FACILITIES
UNDER THE COMMUNICATIONS ACT OF 1934
Section 223 (47
U.S.C. 223) is amended
(1) by striking subsection (a) and inserting in lieu thereof:
(a) Whoever
(1) in interstate or foreign communications
(A) by means of a telecommunications device knowingly
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(i) makes, creates, or solicits, and
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(ii) initiates the transmission of, any comment, request,
suggestion, proposal, image, or other communication which is obscene, lewd,
lascivious, filthy, or indecent, with intent to annoy, abuse, threaten,
or harass another person;
(B) by means of a telecommunications device knowingly
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(i) makes, creates, or solicits, and
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(ii) initiates the transmission of, any comment, request,
suggestion, proposal, image, or other communication which is obscene or
indecent, knowing that the recipient of the communication is under 18 years
of age, regardless of whether the maker of such communication placed the
call or initiated the communication;
(C) makes a telephone call or utilizes a telecommunications
device, whether or not conversation or communication ensues, without disclosing
his identity and with intent to annoy, abuse, threaten, or harass any person
at the called number or who receives the communications;
(D) makes or causes the telephone of another repeatedly
or continuously to ring, with intent to harass any person at the called
number; or
(E) makes repeated telephone calls or repeatedly initiates
communication with a telecommunications device, during which conversation
or communication ensues, solely to harass any person at the called number
or who receives the communication; or `(2) knowingly permits any telecommunications
facility under his control to be used for any activity prohibited by
paragraph (1) with the intent that it be used for such activity, shall
be fined under title 18, United States Code, or imprisoned not more than
two years, or both.'; and
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V. OBSCENITY AND VIOLENCE
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502. OBSCENE OR HARASSING USE OF TELECOMMUNICATIONS FACILITIES
UNDER THE COMMUNICATIONS ACT OF 1934
Section 223 (47
U.S.C. 223) is amended
(2) by adding at the end the following new subsections:
(d) Whoever
(1) in interstate or foreign communications knowingly
(A) uses an interactive computer service to send to a
specific person or persons under 18 years of age, or
(B) uses any interactive computer service to display in
a manner available to a person under 18 years of age, any comment, request,
suggestion, proposal, image, or other communication that, in context, depicts
or describes, in terms patently offensive as measured by contemporary community
standards, sexual or excretory activities or organs, regardless of whether
the user of such service placed the call or initiated the communication;
or
(2) knowingly permits any telecommunications
facility under such person's control to be used for an activity prohibited
by paragraph (1) with the intent that it be used
for such activity, shall be fined under title 18, United States Code, or
imprisoned not more than two years, or both.
(e) In addition to any other defenses available by law:
(1) No person shall be held to have violated subsection
(a) or (d) solely for providing access or connection to or from a facility,
system, or network not under that person's control, including transmission,
downloading, intermediate storage, access software, or other related capabilities
that are incidental to providing such access or connection that does not
include the creation of the content of the communication.
(2) The defenses provided by paragraph
(1) of this subsection shall not be applicable to a person who is a
conspirator with an entity actively involved in the creation or knowing
distribution of communications that violate this section, or who knowingly
advertises the availability of such communications.
(3) The defenses provided in paragraph
(1) of this subsection shall not be applicable to a person who provides
access or connection to a facility, system, or network engaged in the violation
of this section that is owned or controlled by such person.
(4) No employer shall be held liable under this section
for the actions of an employee or agent unless the employee's or agent's
conduct is within the scope of his or her employment or agency and the
employer
(5) It is a defense to a prosecution under subsection (a)(1)(B)
or (d), or under subsection (a)(2) with respect to the use of a facility
for an activity under subsection (a)(1)(B) that a person
(A) has taken, in good faith, reasonable, effective,
and appropriate actions under the circumstances to restrict or prevent
access by minors to a communication specified in such subsections, which
may involve any appropriate measures to restrict minors from such communications,
including any method which is feasible under available technology; or
(B) has restricted access to such communication by requiring
use of a verified credit card, debit account, adult access code, or adult
personal identification number.
(6) The Commission may describe measures which are reasonable,
effective, and appropriate to restrict access to prohibited communications
under subsection (d). Nothing in this section authorizes the Commission
to enforce, or is intended to provide the Commission with the authority
to approve, sanction, or permit, the use of such measures. The Commission
shall have no enforcement authority over the failure to utilize such measures.
The Commission shall not endorse specific products relating to such measures.
The use of such measures shall be admitted as evidence of good faith efforts
for purposes of paragraph (5) in any action arising under subsection (d).
Nothing in this section shall be construed to treat interactive computer
services as common carriers or telecommunications
carriers.
(f)
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(1) No cause of action may be brought in any court or administrative
agency against any person on account of any activity that is not in violation
of any law punishable by criminal or civil penalty, and that the person
has taken in good faith to implement a defense authorized under this section
or otherwise to restrict or prevent the transmission of, or access to,
a communication specified in this section.
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(2) No State or local government may impose any liability
for commercial activities or actions by commercial entities, nonprofit
libraries, or institutions of higher education in connection with an activity
or action described in subsection (a)(2) or (d) that is inconsistent with
the treatment of those activities or actions under this section: Provided,
however, That nothing herein shall preclude any State or local government
from enacting and enforcing complementary oversight, liability, and regulatory
systems, procedures, and requirements, so long as such systems, procedures,
and requirements govern only intrastate services and do not result in the
imposition of inconsistent rights, duties or obligations on the provision
of interstate services. Nothing in this subsection shall preclude any State
or local government from governing conduct not covered by this section.
(g) Nothing in subsection (a), (d), (e), or (f) or in the
defenses to prosecution under subsection (a) or (d) shall be construed
to affect or limit the application or enforcement of any other Federal
law.
(h) For purposes of this section
(1) The use of the term `telecommunications device' in
this section
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(A) shall not impose new obligations on broadcasting station
licensees and cable operators covered by obscenity and indecency provisions
elsewhere in this Act; and
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(B) does not include an interactive computer service.
(2) The term `interactive computer service' has the meaning
provided in section 230(e)(2).
(3) The term `access software' means software (including
client or server software) or enabling tools that do not create or provide
the content of the communication but that allow a user to do any one or
more of the following:
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(A) filter, screen, allow, or disallow content;
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(B) pick, choose, analyze, or digest content; or
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(C) transmit, receive, display, forward, cache, search, subset,
organize, reorganize, or translate content.
(4) The term `institution of higher education' has the meaning
provided in section 1201 of the Higher Education Act of 1965 (20 U.S.C.
1141).
(5) The term `library' means a library eligible for participation
in State-based plans for funds under title III of the Library Services
and Construction Act (20 U.S.C. 355e et seq.).
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V. OBSCENITY AND VIOLENCE
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503. OBSCENE PROGRAMMING ON CABLE TELEVISION
Section 639 (47
U.S.C. 559) is amended by striking `not more than $10,000' and inserting
`under title 18, United States Code,'.
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V. OBSCENITY AND VIOLENCE
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504. SCRAMBLING OF CABLE CHANNELS FOR NONSUBSCRIBERS
Part IV of title VI
(47 U.S.C. 551 et seq.) is amended by adding at the end the following:
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V. OBSCENITY AND VIOLENCE
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504. SCRAMBLING OF CABLE CHANNELS FOR NONSUBSCRIBERS.
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640. SCRAMBLING OF CABLE CHANNELS FOR NONSUBSCRIBERS
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640(a) SUBSCRIBER REQUEST
Upon request by a cable service
subscriber, a cable operator shall, without charge, fully scramble or otherwise
fully block the audio and video programming of each channel carrying such
programming so that one not a subscriber does not receive it.
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V. OBSCENITY AND VIOLENCE
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504. SCRAMBLING OF CABLE CHANNELS FOR NONSUBSCRIBERS.
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640. SCRAMBLING OF CABLE CHANNELS FOR NONSUBSCRIBERS
As used in this section, the term `scramble' means to rearrange
the content of the signal of the programming so that the programming cannot
be viewed or heard in an understandable manner.
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V. OBSCENITY AND VIOLENCE
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505. SCRAMBLING OF SEXUALLY EXPLICIT ADULT VIDEO SERVICE
PROGRAMMING
Part IV of title VI (47
U.S.C. 551 et seq.), as amended by this Act, is further amended by adding
at the end the following:
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V. OBSCENITY AND VIOLENCE
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505. SCRAMBLING OF SEXUALLY EXPLICIT ADULT VIDEO SERVICE
PROGRAMMING
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Sec. 641. SCRAMBLING OF SEXUALLY EXPLICIT ADULT VIDEO SERVICE
PROGRAMMING
In providing sexually explicit adult programming or other
programming that is indecent on any channel of its service primarily dedicated
to sexually-oriented programming, a multichannel video programming distributor
shall fully scramble or otherwise fully block the video and audio portion
of such channel so that one not a subscriber to such channel or programming
does not receive it.
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V. OBSCENITY AND VIOLENCE
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505. SCRAMBLING OF SEXUALLY EXPLICIT ADULT VIDEO SERVICE
PROGRAMMING
Until a multichannel video programming distributor complies
with the requirement set forth in subsection
(a), the distributor shall limit the access of children to the programming
referred to in that subsection by not providing such programming during
the hours of the day (as determined by the Commission) when a significant
number of children are likely to view it.
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V. OBSCENITY AND VIOLENCE
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505. SCRAMBLING OF SEXUALLY EXPLICIT ADULT VIDEO SERVICE
PROGRAMMING
As used in this section, the term `scramble' means to rearrange
the content of the signal of the programming so that the programming cannot
be viewed or heard in an understandable manner.
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V. OBSCENITY AND VIOLENCE
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505. SCRAMBLING OF SEXUALLY EXPLICIT ADULT VIDEO SERVICE
PROGRAMMING
The amendment made by subsection (a)
shall take effect 30 days after the date of enactment of this Act.
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V. OBSCENITY AND VIOLENCE
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506. CABLE OPERATOR REFUSAL TO CARRY CERTAIN PROGRAMS
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(a) PUBLIC, EDUCATIONAL, AND GOVERNMENTAL CHANNELS
Section 611(e)
(47 U.S.C. 531(e)) is amended by inserting before the period the following:
`, except a cable operator may refuse to transmit any public access program
or portion of a public access program which contains obscenity, indecency,
or nudity'.
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V. OBSCENITY AND VIOLENCE 506. CABLE OPERATOR REFUSAL TO
CARRY CERTAIN PROGRAMS
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(b) CABLE CHANNELS FOR COMMERCIAL USE
Section 612(c)(2)
(47 U.S.C. 532(c)(2)) is amended by striking `an operator' and inserting
`a cable operator may refuse to transmit any leased access program or portion
of a leased access program which contains obscenity, indecency, or nudity
and'.
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V. OBSCENITY AND VIOLENCE
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507. CLARIFICATION OF CURRENT LAWS REGARDING COMMUNICATION
OF OBSCENE MATERIALS THROUGH THE USE OF COMPUTERS
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(a) IMPORTATION OR TRANSPORTATION
Section 1462 of title 18, United States Code, is amended
(1) in the first undesignated paragraph, by inserting
`or interactive computer service (as defined in section 230(e)(2)
of the Communications Act of 1934)' after `carrier'; and
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V. OBSCENITY AND VIOLENCE
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507. CLARIFICATION OF CURRENT LAWS REGARDING COMMUNICATION
OF OBSCENE MATERIALS THROUGH THE USE OF COMPUTERS
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(a) IMPORTATION OR TRANSPORTATION
Section 1462 of title 18, United States Code, is amended
(2) in the second undesignated paragraph
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(A) by inserting `or receives,' after `takes';
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(B) by inserting `or interactive computer service (as defined
in section 230(e)(2) of the
Communications Act of 1934)' after `common carrier'; and
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(C) by inserting `or importation' after `carriage'.
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V. OBSCENITY AND VIOLENCE
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507. CLARIFICATION OF CURRENT LAWS REGARDING COMMUNICATION
OF OBSCENE MATERIALS THROUGH THE USE OF COMPUTERS
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(b) TRANSPORTATION FOR PURPOSES OF SALE OR DISTRIBUTION
The first undesignated paragraph of section 1465 of title
18, United States Code, is amended
(1) by striking `transports in' and inserting `transports
or travels in, or uses a facility or means of,';
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V. OBSCENITY AND VIOLENCE
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507. CLARIFICATION OF CURRENT LAWS REGARDING COMMUNICATION
OF OBSCENE MATERIALS THROUGH THE USE OF COMPUTERS
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(b) TRANSPORTATION FOR PURPOSES OF SALE OR DISTRIBUTION
The first undesignated paragraph of section 1465 of title
18, United States Code, is amended
(2) by inserting `or an interactive computer service (as
defined in section 230(e)(2) of
the Communications Act of 1934) in or affecting such commerce' after `foreign
commerce' the first place it appears;
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V. OBSCENITY AND VIOLENCE
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507. CLARIFICATION OF CURRENT LAWS REGARDING COMMUNICATION
OF OBSCENE MATERIALS THROUGH THE USE OF COMPUTERS
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(b) TRANSPORTATION FOR PURPOSES OF SALE OR DISTRIBUTION
The first undesignated paragraph of section 1465 of title
18, United States Code, is amended
(3) by striking `, or knowingly travels in' and all that
follows through `obscene material in interstate or foreign commerce,' and
inserting `of'.
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V. OBSCENITY AND VIOLENCE
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507. CLARIFICATION OF CURRENT LAWS REGARDING COMMUNICATION
OF OBSCENE MATERIALS THROUGH THE USE OF COMPUTERS
The amendments made by this section are clarifying and shall
not be interpreted to limit or repeal any prohibition contained in sections
1462 and 1465 of title 18, United States Code, before such amendment, under
the rule established in United States v. Alpers, 338 U.S. 680 (1950).
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V. OBSCENITY AND VIOLENCE
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508. COERCION AND ENTICEMENT OF MINORS
Section 2422 of title 18, United States Code, is amended
(1) by inserting `(a)' before `Whoever knowingly'; and
(2) by adding at the end the following: (b) Whoever, using
any facility or means of interstate or foreign commerce, including the
mail, or within the special maritime and territorial jurisdiction of the
United States, knowingly persuades, induces, entices, or coerces any individual
who has not attained the age of 18 years to engage in prostitution or any
sexual act for which any person may be criminally prosecuted, or attempts
to do so, shall be fined under this title or imprisoned not more than 10
years, or both.
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V. OBSCENITY AND VIOLENCE
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509. ONLINE FAMILY EMPOWERMENT
Title II of the Communications
Act of 1934 (47 U.S.C. 201 et seq.) is amended by adding at the end the
following new section:
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V. OBSCENITY AND VIOLENCE
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509. ONLINE FAMILY EMPOWERMENT
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Sec. 230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF
OFFENSIVE MATERIAL
The Congress finds the following:
(1) The rapidly developing array of Internet
and other interactive computer
service available to individual Americans represent an extraordinary
advance in the availability of educational and informational resources
to our citizens.
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V. OBSCENITY AND VIOLENCE
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509. ONLINE FAMILY EMPOWERMENT
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230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE
MATERIAL
The Congress finds the following:
(2) These services offer users a great degree of control
over the information that they receive, as well as the potential for even
greater control in the future as technology develops.
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V. OBSCENITY AND VIOLENCE
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509. ONLINE FAMILY EMPOWERMENT
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230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE
MATERIAL
The Congress finds the following:
(3) The Internet and
other interactive computer service
offer a forum for a true diversity of political discourse, unique opportunities
for cultural development, and myriad avenues for intellectual activity.
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V. OBSCENITY AND VIOLENCE
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509. ONLINE FAMILY EMPOWERMENT
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230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE
MATERIAL
The Congress finds the following:
(4) The Internet and
other interactive computer service
have flourished, to the benefit of all Americans, with a minimum of
government regulation.
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V. OBSCENITY AND VIOLENCE
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509. ONLINE FAMILY EMPOWERMENT
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230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE
MATERIAL
The Congress finds the following:
(5) Increasingly Americans are relying on interactive
media for a variety of political, educational, cultural, and entertainment
services.
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V. OBSCENITY AND VIOLENCE
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509. ONLINE FAMILY EMPOWERMENT
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230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE
MATERIAL
It is the policy of the United States
(1) to promote the continued development of the Internet
and other interactive computer service
and other interactive media;
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V. OBSCENITY AND VIOLENCE
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509. ONLINE FAMILY EMPOWERMENT
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230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE
MATERIAL
It is the policy of the United States
(2) to preserve the vibrant and competitive free market
that presently exists for the Internet
and other interactive computer service,
unfettered by Federal or State regulation;
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V. OBSCENITY AND VIOLENCE
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509. ONLINE FAMILY EMPOWERMENT
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230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE
MATERIAL
It is the policy of the United States
(3) to encourage the development of technologies which
maximize user control over what information is received by individuals,
families, and schools who use the Internet
and other interactive computer
service;
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V. OBSCENITY AND VIOLENCE
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509. ONLINE FAMILY EMPOWERMENT
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230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE
MATERIAL
It is the policy of the United States
(4) to remove disincentives for the development and utilization
of blocking and filtering technologies that empower parents to restrict
their children's access to objectionable or inappropriate online material;
and
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V. OBSCENITY AND VIOLENCE
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509. ONLINE FAMILY EMPOWERMENT
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230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE
MATERIAL
It is the policy of the United States
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(5) to ensure vigorous enforcement of Federal criminal laws
to deter and punish trafficking in obscenity, stalking, and harassment
by means of computer.
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V. OBSCENITY AND VIOLENCE
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509. ONLINE FAMILY EMPOWERMENT
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230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE
MATERIAL
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(c) PROTECTION FOR `GOOD SAMARITAN' BLOCKING AND SCREENING
OF OFFENSIVE MATERIAL
(1) TREATMENT OF PUBLISHER OR SPEAKER
No provider or user of an interactive
computer service shall be treated as the publisher or speaker of any
information provided by another information
content provider.
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V. OBSCENITY AND VIOLENCE
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509. ONLINE FAMILY EMPOWERMENT
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230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE
MATERIAL
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(c) PROTECTION FOR `GOOD SAMARITAN' BLOCKING AND SCREENING
OF OFFENSIVE MATERIAL
(2) CIVIL LIABILITY
No provider or user of an interactive
computer service shall be held liable on account of
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(A) any action voluntarily taken in good faith to restrict
access to or availability of material that the provider or user considers
to be obscene, lewd, lascivious, filthy, excessively violent, harassing,
or otherwise objectionable, whether or not such material is constitutionally
protected; or
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(B) any action taken to enable or make available to information
content providers or others the technical means to restrict access
to material described in paragraph (1).
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V. OBSCENITY AND VIOLENCE
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509. ONLINE FAMILY EMPOWERMENT
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230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE
MATERIAL
(1) NO EFFECT ON CRIMINAL LAW
Nothing in this section shall be construed to impair the
enforcement of section 223 of
this Act, chapter 71 (relating to obscenity) or 110 (relating to sexual
exploitation of children) of title 18, United States Code, or any other
Federal criminal statute.
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V. OBSCENITY AND VIOLENCE
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509. ONLINE FAMILY EMPOWERMENT
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230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE
MATERIAL
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(d) EFFECT ON OTHER LAWS
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(2) NO EFFECT ON INTELLECTUAL PROPERTY LAW
Nothing in this section shall be construed to limit or expand
any law pertaining to intellectual property.
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V. OBSCENITY AND VIOLENCE
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509. ONLINE FAMILY EMPOWERMENT
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230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE
MATERIAL
(3) STATE LAW
Nothing in this section shall be construed to prevent
any State from enforcing any State law that is consistent with this section.
No cause of action may be brought and no liability may be imposed under
any State or local law that is inconsistent with this section.
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V. OBSCENITY AND VIOLENCE
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509. ONLINE FAMILY EMPOWERMENT
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230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE
MATERIAL
(4) NO EFFECT ON COMMUNICATIONS PRIVACY LAW
Nothing in this section shall be construed to limit the
application of the Electronic Communications Privacy Act of 1986 or any
of the amendments made by such Act, or any similar State law.
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V. OBSCENITY AND VIOLENCE
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509. ONLINE FAMILY EMPOWERMENT
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230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE
MATERIAL
As used in this section:
(1) INTERNET
The term `Internet' means the international computer network
of both Federal and non-Federal interoperable packet switched data networks.
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V. OBSCENITY AND VIOLENCE
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509. ONLINE FAMILY EMPOWERMENT
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230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE
MATERIAL
As used in this section:
(2) INTERACTIVE COMPUTER SERVICE
The term `interactive computer service' means any information
services, system, or access software
provider that provides or enables computer access by multiple users
to a computer server, including specifically a service or system that provides
access to the Internet and such systems
operated or services offered by libraries or educational institutions.
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V. OBSCENITY AND VIOLENCE
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509. ONLINE FAMILY EMPOWERMENT
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230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE
MATERIAL
As used in this section:
(3) INFORMATION CONTENT PROVIDER
The term `information content provider' means any person
or entity that is responsible, in whole or in part, for the creation or
development of information provided through the Internet
or any other interactive computer
service.
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V. OBSCENITY AND VIOLENCE
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509. ONLINE FAMILY EMPOWERMENT
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230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE
MATERIAL
As used in this section:
(4) ACCESS SOFTWARE PROVIDER
The term `access software provider' means a provider of
software (including client or server software), or enabling tools that
do any one or more of the following:
(A) filter, screen, allow, or disallow content;
(B) pick, choose, analyze, or digest content; or
(C) transmit, receive, display, forward, cache, search,
subset, organize, reorganize, or translate content.
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V. OBSCENITY AND VIOLENCE
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551. PARENTAL CHOICE IN TELEVISION PROGRAMMING
The Congress makes the following findings:
(1) Television influences children's perception of the
values and behavior that are common and acceptable in society.
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V. OBSCENITY AND VIOLENCE
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551. PARENTAL CHOICE IN TELEVISION PROGRAMMING
The Congress makes the following findings:
(2) Television station operators, cable television system
operators, and video programmers should follow practices in connection
with video programming that take into consideration that television broadcast
and cable programming has established a uniquely pervasive presence in
the lives of American children.
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V. OBSCENITY AND VIOLENCE
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551. PARENTAL CHOICE IN TELEVISION PROGRAMMING
The Congress makes the following findings:
(3) The average American child is exposed to 25 hours
of television each week and some children are exposed to as much as 11
hours of television a day.
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V. OBSCENITY AND VIOLENCE
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551. PARENTAL CHOICE IN TELEVISION PROGRAMMING
The Congress makes the following findings:
(4) Studies have shown that children exposed to violent
video programming at a young age have a higher tendency for violent and
aggressive behavior later in life than children not so exposed, and that
children exposed to violent video programming are prone to assume that
acts of violence are acceptable behavior.
CI Structured Format: V(551)(a)(5)
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V. OBSCENITY AND VIOLENCE
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551. PARENTAL CHOICE IN TELEVISION PROGRAMMING
The Congress makes the following findings:
(5) Children in the United States are, on average, exposed
to an estimated 8,000 murders and 100,000 acts of violence on television
by the time the child completes elementary school.
CI Structured Format: V(551)(a)(6)
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V. OBSCENITY AND VIOLENCE
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551. PARENTAL CHOICE IN TELEVISION PROGRAMMING
The Congress makes the following findings:
(6) Studies indicate that children are affected by the
pervasiveness and casual treatment of sexual material on television, eroding
the ability of parents to develop responsible attitudes and behavior in
their children.
CI Structured Format: V(551)(a)(7)
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V. OBSCENITY AND VIOLENCE
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551. PARENTAL CHOICE IN TELEVISION PROGRAMMING
The Congress makes the following findings:
(7) Parents express grave concern over violent and sexual
video programming and strongly support technology that would give them
greater control to block video programming in the home that they consider
harmful to their children.
CI Structured Format: V(551)(a)(8)
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V. OBSCENITY AND VIOLENCE
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551. PARENTAL CHOICE IN TELEVISION PROGRAMMING
The Congress makes the following findings:
(8) There is a compelling governmental interest in empowering
parents to limit the negative influences of video programming that is harmful
to children.
CI Structured Format: V(551)(a)(9)
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V. OBSCENITY AND VIOLENCE
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551. PARENTAL CHOICE IN TELEVISION PROGRAMMING
The Congress makes the following findings:
(9) Providing parents with timely information about the
nature of upcoming video programming and with the technological tools that
allow them easily to block violent, sexual, or other programming that they
believe harmful to their children is a nonintrusive and narrowly tailored
means of achieving that compelling governmental interest.
CI Structured Format: V(551)(b)(1)
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V. OBSCENITY AND VIOLENCE
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551. PARENTAL CHOICE IN TELEVISION PROGRAMMING
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(b) ESTABLISHMENT OF TELEVISION RATING CODE
Section 303 (47
U.S.C. 303) is amended by adding at the end the following:
(w) Prescribe
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(1) on the basis of recommendations from an advisory committee
established by the Commission in accordance with section
551(b)(2) of the Telecommunications Act of 1996, guidelines and recommended
procedures for the identification and rating of video programming that
contains sexual, violent, or other indecent material about which parents
should be informed before it is displayed to children, provided, that nothing
in this paragraph shall be construed to authorize any rating of video programming
on the basis of its political or religious content; and
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(2) with respect to any video programming that has been rated,
and in consultation with the television industry, rules requiring distributors
of such video programming to transmit such rating to permit parents to
block the display of video programming that they have determined is inappropriate
for their children.
CI Structured Format: V(551)(b)(2)
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V. OBSCENITY AND VIOLENCE
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551. PARENTAL CHOICE IN TELEVISION PROGRAMMING
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(b) ESTABLISHMENT OF TELEVISION RATING CODE
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(2) ADVISORY COMMITTEE REQUIREMENTS
In establishing an advisory committee for purposes of the
amendment made by paragraph (1) of this subsection,
the Commission shall
(A) ensure that such committee is composed of parents,
television broadcasters, television programming producers, cable operators,
appropriate public interest groups, and other interested individuals from
the private sector and is fairly balanced in terms of political affiliation,
the points of view represented, and the functions to be performed by the
committee;
(B) provide to the committee such staff and resources
as may be necessary to permit it to perform its functions efficiently and
promptly; and
(C) require the committee to submit a final report of
its recommendations within one year after the date of the appointment of
the initial members.
CI Structured Format: V(551)(c)
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V. OBSCENITY AND VIOLENCE
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551. PARENTAL CHOICE IN TELEVISION PROGRAMMING
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(c) REQUIREMENT FOR MANUFACTURE OF TELEVISIONS THAT BLOCK
PROGRAMS
Section 303 (47
U.S.C. 303), as amended by subsection
(a), is further amended by adding at the end the following: `(x) Require,
in the case of an apparatus designed to receive television signals that
are shipped in interstate commerce or manufactured in the United States
and that have a picture screen 13 inches or greater in size (measured diagonally),
that such apparatus be equipped with a feature designed to enable viewers
to block display of all programs with a common rating, except as otherwise
permitted by regulations pursuant to section
330(c)(4).
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V. OBSCENITY AND VIOLENCE
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551. PARENTAL CHOICE IN TELEVISION PROGRAMMING
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(d) SHIPPING OF TELEVISIONS THAT BLOCK PROGRAMS
Section 330 (47
U.S.C. 330) is amended
(A) by redesignating subsection (c) as subsection (d);
and
(B) by adding after subsection (b) the following new subsection
(c):
(c)
(1) Except as provided in paragraph (2), no person shall
ship in interstate commerce or manufacture in the United States any apparatus
described in section 303(x) of
this Act except in accordance with rules prescribed by the Commission pursuant
to the authority granted by that section.
(2) This subsection shall not apply to carriers transporting
apparatus referred to in paragraph (1) without trading in it.
(3) The rules prescribed by the Commission under this
subsection shall provide for the oversight by the Commission of the adoption
of standards by industry for blocking technology. Such rules shall require
that all such apparatus be able to receive the rating signals which have
been transmitted by way of line 21 of the vertical blanking interval and
which conform to the signal and blocking specifications established by
industry under the supervision of the Commission.
(4) As new video technology is developed, the Commission
shall take such action as the Commission determines appropriate to ensure
that blocking service continues to be available to consumers. If the Commission
determines that an alternative blocking technology exists that
(A) enables parents to block programming based on identifying
programs without ratings,
(B) is available to consumers at a cost which is comparable
to the cost of technology that allows parents to block programming based
on common ratings, and
(C) will allow parents to block a broad range of programs
on a multichannel system as effectively and as easily as technology that
allows parents to block programming based on common ratings, the Commission
shall amend the rules prescribed pursuant to section
303(x) to require that the apparatus described in such section be equipped
with either the blocking technology described in such section or the alternative
blocking technology described in this paragraph.
CI Structured Format: V(551)(d)(2)
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V. OBSCENITY AND VIOLENCE
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551. PARENTAL CHOICE IN TELEVISION PROGRAMMING
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(d) SHIPPING OF TELEVISIONS THAT BLOCK PROGRAMS
(2) CONFORMING AMENDMENT
Section 330(d),
as redesignated by subsection (d)(1)(A), is
amended by striking `section 303(s),
and section 303(u)' and inserting
in lieu thereof `and sections 303(s),
303(u), and 303(x)'.
CI Structured Format: V(551)(e)(1)
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V. OBSCENITY AND VIOLENCE
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551. PARENTAL CHOICE IN TELEVISION PROGRAMMING
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(e) APPLICABILITY AND EFFECTIVE DATES
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(1) APPLICABILITY OF RATING PROVISION
The amendment made by subsection
(b) of this section shall take effect 1 year after the date of enactment
of this Act, but only if the Commission determines, in consultation with
appropriate public interest groups and interested individuals from the
private sector, that distributors of video programming have not, by such
date
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(A) established voluntary rules for rating video programming
that contains sexual, violent, or other indecent material about which parents
should be informed before it is displayed to children, and such rules are
acceptable to the Commission; and
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(B) agreed voluntarily to broadcast signals that contain
ratings of such programming.
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V. OBSCENITY AND VIOLENCE
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551. PARENTAL CHOICE IN TELEVISION PROGRAMMING
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(e) APPLICABILITY AND EFFECTIVE DATES
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(2) EFFECTIVE DATE OF MANUFACTURING PROVISION
In prescribing regulations to implement the amendment made
by subsection (c), the Federal Communications
Commission shall, after consultation with the television manufacturing
industry, specify the effective date for the applicability of the requirement
to the apparatus covered by such amendment, which date shall not be less
than two years after the date of enactment of this Act.
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V. OBSCENITY AND VIOLENCE
It is the policy of the United States to encourage broadcast
television, cable, satellite, syndication, other video programming distributors,
and relevant related industries (in consultation with appropriate public
interest groups and interested individuals from the private sector) to
(1) establish a technology fund to encourage television
and electronics equipment manufacturers to facilitate the development of
technology which would empower parents to block programming they deem inappropriate
for their children and to encourage the availability thereof to low income
parents;
(2) report to the viewing public on the status of the
development of affordable, easy to use blocking technology; and
(3) establish and promote effective procedures, standards,
systems, advisories, or other mechanisms for ensuring that users have easy
and complete access to the information necessary to effectively utilize
blocking technology and to encourage the availability thereof to low income
parents.
CI Structured Format: V(561)(a)
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V. OBSCENITY AND VIOLENCE
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561. EXPEDITED REVIEW
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(a) THREE-JUDGE DISTRICT COURT HEARING
Notwithstanding any other provision of law, any civil action
challenging the constitutionality, on its face, of this title or any amendment
made by this title, or any provision thereof, shall be heard by a district
court of 3 judges convened pursuant to the provisions of section 2284 of
title 28, United States Code.
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V. OBSCENITY AND VIOLENCE
Notwithstanding any other provision of law, an interlocutory
or final judgment, decree, or order of the court of 3 judges in an action
under subsection (a) holding this title
or an amendment made by this title, or any provision thereof, unconstitutional
shall be reviewable as a matter of right by direct appeal to the Supreme
Court. Any such appeal shall be filed not more than 20 days after entry
of such judgment, decree, or order.