Communications Decency Act
Enacted by the U.S. Congress on February 1, 1996
Text provided by the Electronic Privacy Information Center
http://www.epic.org
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the
``Telecommunications Act of 1996''.
(b) References.--Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of,
a section or other provision, the reference shall be
considered to be made to a section or other
provision of the Communications Act of 1934 (47
U.S.C. 151 et seq.).
....
TITLE V--OBSCENITY AND VIOLENCE
Subtitle A--Obscene, Harassing, and Wrongful Utilization of
Telecommunications Facilities
SEC. 501. SHORT TITLE.
This title may be cited as the ``Communications Decency
Act of 1996''.
SEC. 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--
``(i) makes, creates, or solicits, and
``(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--
``(i) makes, creates, or solicits, and
``(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
(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 (A)
having knowledge of such conduct, authorizes
or ratifies such conduct, or (B) recklessly
disregards such conduct.
``(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)(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.
``(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 (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--
``(A) shall not impose new obligations on
broadcasting station licensees and cable
operators covered by obscenity and
indecency provisions elsewhere in this
Act; and
``(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:
``(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.
``(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.).''.
SEC. 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,''.
SEC. 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:
``SEC. 640. SCRAMBLING OF CABLE CHANNELS FOR NONSUBSCRIBERS.
``(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.
``(b) Definition.--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.''.
SEC. 505. SCRAMBLING OF SEXUALLY EXPLICIT ADULT VIDEO SERVICE
PROGRAMMING.
(a) Requirement.--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:
``SEC. 641. SCRAMBLING OF SEXUALLY EXPLICIT ADULT VIDEO
SERVICE PROGRAMMING.
``(a) Requirement.--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 s 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.
``(b) Implementation.--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.
``(c) Definition.--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.''.
(b) Effective Date.--The amendment made by subsection
(a) shall take effect 30 days after the date of
enactment of this Act.
SEC. 506. CABLE OPERATOR REFUSAL TO CARRY CERTAIN PROGRAMS.
(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 mayrefuse to transmit
any public access program or portion of a public
access program which contains obscenity, indecency,
or nudity''.
(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''.
SEC. 507. CLARIFICATION OF CURRENT LAWS REGARDING
COMMUNICATION OF OBSCENE MATERIALS THROUGH THE USE OF
COMPUTERS.
(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
(2) in the second undesignated paragraph--
(A) by inserting ``or receives,'' after
``takes'';
(B) by inserting ``or interactive computer
service (as defined in section 230(e)(2)
of the Communications Act of 1934)'' after
``common carrier''; and
(C) by inserting ``or importation'' after
``carriage''.
(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,'';
(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;
(3) by striking ``, or knowingly travels in'' and
all that follows through ``obscene material in
interstate or foreign commerce,'' and inserting
``of''.
(c) Interpretation.--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).
SEC. 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.''.
SEC. 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:
``SEC. 230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF
OFFENSIVE MATERIAL.
``(a) Findings.--The Congress finds the following:
``(1) The rapidly developing array of Internet and
other interactive computer services available
to individual Americans represent an
extraordinary advance in the availability of
educational and informational resources to
our citizens.
``(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.
``(3) The Internet and other interactive computer
services offer a forum for a true diversity
of political discourse, unique opportunities
for cultural development, and myriad avenues
for intellectual activity.
``(4) The Internet and other interactive computer
services have flourished, to the benefit of
all Americans, with a minimum of government
regulation.
``(5) Increasingly Americans are relying on
interactive media for a variety of political,
educational, cultural, and entertainment
services.
``(b) Policy.--It is the policy of the United States--
``(1) to promote the continued development of the
Internet and other interactive computer
services and other interactive media;
``(2) to preserve the vibrant and competitive free
market that presently exists for the Internet
and other interactive computer services,
unfettered by Federal or State regulation;
``(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 services;
``(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
``(5) to ensure vigorous enforcement of Federal
criminal laws to deter and punish trafficking
in obscenity, stalking, and harassment by
means of computer.
``(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.
``(2) Civil liability.--No provider or user of an
interactive computer service shall be held
liable on account of--
``(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
``(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).
``(d) Effect on Other Laws.--
``(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 anyother
Federal criminal statute.
``(2) No effect on intellectual property law.--
Nothing in this section shall be construed to
limit or expand any law pertaining to
intellectual property.
``(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.
``(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.
``(e) Definitions.--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.
``(2) Interactive computer service.--The term
`interactive computer service' means any
information service, 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.
``(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.
``(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.''.
Subtitle Bviolence
SEC. 551. PARENTAL CHOICE IN TELEVISION PROGRAMMING.
(a) Findings.--The Congress makes the following
findings:
(1) Television influences children's perception of
the values and behavior that are common and
acceptable in society.
(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.
(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.
(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.
(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.
(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.
(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.
(8) There is a compelling governmental interest in
empowering parents to limit the negative
influences of video programming that is harmful
to children.
(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.
(b) Establishment of Television Rating Code.--
(1) Amendment.--Section 303 (47 U.S.C. 303) is
amended by adding at the end the following:
``(w) Prescribe--
``(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
``(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.''.
(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.
(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).''.
(d) Shipping of Televisions That Block Programs.--
(1) Regulations.--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.''.
(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)''.
(e) Applicability and Effective Dates.--
(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--
(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
(B) agreed voluntarily to broadcast signals
that contain ratings of such programming.
(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.
SEC. 552. TECHNOLOGY FUND.
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.
Subtitle C--Judicial Review
SEC. 561. EXPEDITED REVIEW.
(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.
(b) Appellate Review.--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.