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V. OBSCENITY AND VIOLENCE


CI Structured Format: V(501) Original Format

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.)


CI Structured Format: V(502)(1) Original Format

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


CI Structured Format: V(502)(2) Original Format

Section 223 (47 U.S.C. 223) is amended

(2) by adding at the end the following new subsections:

(d) Whoever

(e) In addition to any other defenses available by law: (f) (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

(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:

(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.).


CI Structured Format: V(503) Original Format

Section 639 (47 U.S.C. 559) is amended by striking `not more than $10,000' and inserting `under title 18, United States Code,'.


CI Structured Format: V(504) Original Format

Part IV of title VI (47 U.S.C. 551 et seq.) is amended by adding at the end the following:


CI Structured Format: V(504)(640)(a) Original Format

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.


CI Structured Format: V(504)(640)(b) Original Format

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.


CI Structured Format: V(505)(a) Original Format

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:


CI Structured Format: V(505)(641)(a) Original Format

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.


CI Structured Format: V(505)(641)(b) Original Format

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.


CI Structured Format: V(505)(641)(c) Original Format

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.


CI Structured Format: V(505)(999)(b) Original Format

The amendment made by subsection (a) shall take effect 30 days after the date of enactment of this Act.


CI Structured Format: V(506)(a) Original Format

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'.


CI Structured Format: V(506)(b) Original Format

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'.


CI Structured Format: V(507)(a)(1) Original Format

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


CI Structured Format: V(507)(a)(2) Original Format

Section 1462 of title 18, United States Code, is amended

(2) in the second undesignated paragraph


CI Structured Format: V(507)(b)(1) Original Format

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,';


CI Structured Format: V(507)(b)(2) Original Format

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;


CI Structured Format: V(507)(b)(3) Original Format

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'.


CI Structured Format: V(507)(c) Original Format

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).


CI Structured Format: V(508) Original Format

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.


CI Structured Format: V(509) Original Format

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:


CI Structured Format: V(509)(230)(a)(1) Original Format

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.


CI Structured Format: V(509)(230)(a)(2) Original Format

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.


CI Structured Format: V(509)(230)(a)(3) Original Format

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.


CI Structured Format: V(509)(230)(a)(4) Original Format

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.


CI Structured Format: V(509)(230)(a)(5) Original Format

The Congress finds the following:

(5) Increasingly Americans are relying on interactive media for a variety of political, educational, cultural, and entertainment services.


CI Structured Format: V(509)(230)(b)(1) Original Format

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;


CI Structured Format: V(509)(230)(b)(2) Original Format

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;


CI Structured Format: V(509)(230)(b)(3) Original Format

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;


CI Structured Format: V(509)(230)(b)(4) Original Format

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


CI Structured Format: V(509)(230)(b)(5) Original Format

It is the policy of the United States

CI Structured Format: V(509)(230)(c)(1) Original Format

(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.


CI Structured Format: V(509)(230)(c)(2) Original Format

(2) CIVIL LIABILITY

No provider or user of an interactive computer service shall be held liable on account of


CI Structured Format: V(509)(230)(d)(1) Original Format

(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.


CI Structured Format: V(509)(230)(d)(2) Original Format

Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property.


CI Structured Format: V(509)(230)(d)(3) Original Format

(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.


CI Structured Format: V(509)(230)(d)(4) Original Format

(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.


CI Structured Format: V(509)(230)(e)(1) Original Format

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.


CI Structured Format: V(509)(230)(e)(2) Original Format

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.


CI Structured Format: V(509)(230)(e)(3) Original Format

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.


CI Structured Format: V(509)(230)(e)(4) Original Format

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.


CI Structured Format: V(551)(a)(1) Original Format

The Congress makes the following findings:

(1) Television influences children's perception of the values and behavior that are common and acceptable in society.


CI Structured Format: V(551)(a)(2) Original Format

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.


CI Structured Format: V(551)(a)(3) Original Format

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.


CI Structured Format: V(551)(a)(4) Original Format

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) Original Format

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) Original Format

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) Original Format

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) Original Format

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) Original Format

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) Original Format

Section 303 (47 U.S.C. 303) is amended by adding at the end the following:

(w) Prescribe


CI Structured Format: V(551)(b)(2) Original Format

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) Original Format

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).


CI Structured Format: V(551)(d)(1) Original Format

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)


CI Structured Format: V(551)(d)(2) Original Format

(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) Original Format

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

CI Structured Format: V(551)(e)(2) Original Format

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.


CI Structured Format: V(552) Original Format

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) Original Format

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.


CI Structured Format: V(561)(b) Original Format

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.



 
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