[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2104 Introduced in House (IH)]

  1st Session
                                H. R. 2104

   To amend section 1464 of title 18, United States Code, to punish 
        transmission by computer of indecent material to minors.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 1995

   Mr. Smith of New Jersey introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend section 1464 of title 18, United States Code, to punish 
        transmission by computer of indecent material to minors.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protection of Children From Computer 
Pornography Act of 1995''.

SEC. 2. TRANSMISSION BY COMPUTER OF INDECENT MATERIAL TO MINORS.

    (a) Offenses.--Section 1464 of title 18, United States Code, is 
amended--
            (1) in the heading by striking ``Broadcasting obscene 
        language'' and inserting ``Utterance of indecent or profane 
        language by radio communication; transmission to minor of 
        indecent material from remote computer facility, electronic 
        communications service, or electronic bulletin board service'';
            (2) by striking ``Whoever'' and inserting ``(a) Utterance 
        of Indecent or Profane Language by Radio Communication.--A 
        person who''; and
            (3) by adding at the end the following:
    ``(b) Transmission to Minor of Indecent Material From Remote 
Computer Facility, Electronic Communications Service, or Electronic 
Bulletin Board Service Provider.--
            ``(1) Definitions.--As used in this subsection--
                    ``(A) the term `remote computer facility' means a 
                facility that--
                            ``(i) provides to the public computer 
                        storage or processing services by means of an 
                        electronic communications system; and
                            ``(ii) permits a computer user to transfer 
                        electronic or digital material from the 
                        facility to another computer;
                    ``(B) the term `electronic communications service' 
                means any wire, radio, electromagnetic, photo optical, 
                or photoelectronic system for the transmission of 
                electronic communications, and any computer facility or 
                related electronic equipment for the electronic storage 
                of such communications, that permits a computer user to 
                transfer electronic or digital material from the 
                service to another computer; and
                    ``(C) the term `electronic bulletin board service' 
                means a computer system, regardless of whether operated 
                for commercial purposes, that exists primarily to 
                provide remote or on-site users with digital images, or 
                that exists primarily to permit remote or on-site users 
                to participate in or create on-line discussion groups 
                or conferences.
            ``(2) Transmission by remote computer facility operator, 
        electronic communications service provider, or electronic 
        bulletin board service provider.--A remote computer facility 
        operator, electronic communications service provider, 
        electronic bulletin board service provider who, with knowledge 
        of the character of the material, knowingly--
                    ``(A) transmits or offers or attempts to transmit 
                from the remote computer facility, electronic 
                communications service, or electronic bulletin board 
                service provider a communication that contains indecent 
                material to a person under 18 years of age; or
                    ``(B) causes or allows to be transmitted from the 
                remote computer facility, electronic communications 
                service, or electronic bulletin board a communication 
                that contains indecent material to a person under 18 
                years of age or offers or attempts to do so,
        shall be fined in accordance with this title, imprisoned not 
        more than 5 years, or both.
            ``(3) Permitting access to transmit indecent material to a 
        minor.--Any remote computer facility operator, electronic 
        communications service provider, or electronic bulletin board 
        service provider who willfully permits a person to use a remote 
        computing service, electronic communications service, or 
        electronic bulletin board service that is under the control of 
        that remote computer facility operator, electronic 
        communications service provider, or electronic bulletin board 
        service provider, to knowingly or recklessly transmit indecent 
        material from another remote computing service, electronic 
        communications service, or electronic bulletin board service, 
        to a person under 18 years of age, shall be fined not more than 
        $10,000, imprisoned not more than 2 years, or both.
            ``(4) Three-judge court for civil action.--Any civil action 
        challenging the constitutionality of any provision of this 
        subsection shall be heard and determined by a district court of 
        three judges in accordance with section 2284 of title 28, 
        United States Code.''.
    (b) Clerical Amendment.--The item relating to section 1464 in the 
table of sections at the beginning of chapter 71 of title 18, United 
States Code, is amended to read as follows:

``1464. Utterance of indecent or profane language by radio 
                            communication; transmission to minor of 
                            indecent material from remote computer 
                            facility.''.
    (c) Report by Attorney General.--
            (1) In general.--Not later than 2 years after the date of 
        the enactment of this Act, the Attorney General shall report to 
        the Congress on the state of the technology that would permit 
        parents to block or otherwise filter the transmission of 
        indecent material to minors.
            (2) Recommendations.--The report shall include 
        recommendations regarding whether the use of blocking or 
        filtering technology by a remote computer facility operator, 
        electronic communications service provider, or electronic 
        bulletin board service provider should be treated as an 
        affirmative defense to prosecution under section 1464(b) of 
        title 18, United States Code, as added by section 2(a)(3).
                                 <all>