[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2417 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2417

 To facilitate the creation of a new global top-level Internet domain 
     that will be a haven for material that will promote positive 
 experiences of children and families using the Internet, to provide a 
safe online environment for children, and to help prevent children from 
   being exposed to harmful material on the Internet, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2001

Mr. Shimkus (for himself and Mr. Markey) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To facilitate the creation of a new global top-level Internet domain 
     that will be a haven for material that will promote positive 
 experiences of children and families using the Internet, to provide a 
safe online environment for children, and to help prevent children from 
   being exposed to harmful material on the Internet, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dot Kids Domain Name Act of 2001''.

SEC. 2. ESTABLISHMENT OF KIDS-FRIENDLY TOP-LEVEL DOMAIN NAME.

    (a) NTIA Action.--Within 30 days after the date of the enactment of 
this Act, the Secretary of Commerce, acting through the National 
Telecommunications and Information Administration, shall--
            (1) pursuant to the authority under section II.B. of the 
        Memorandum of Understanding Between the U.S. Department of 
        Commerce and the Internet Corporation for Assigned Names and 
        Numbers, entered into on November 25, 1998, regarding oversight 
        of the policy for determining the circumstances under which new 
        top-level Internet domains are added to the root system, 
        jointly with ICANN, develop a plan in accordance with section 3 
        of this Act for ICANN to establish the new domain in accordance 
        with the requirements under subsection (b) of this section;
            (2) upon completion of the development of such plan, make 
        the plan publicly available; and
            (3) enter into any memorandums of understanding, 
        agreements, and contracts with ICANN, and any amendments to 
        existing such memorandums, agreements, and contracts, as may be 
        necessary to provide for ICANN to carry out such plan.
    (b) Requirements for New Domain.--The new domain shall be subject 
to the following requirements:
            (1) Top-level, international domain.--The new domain shall 
        be established as a top-level, International domain having a 
        domain name appropriate for its purpose.
            (2) Green light approach.--The new domain shall be 
        available for voluntary use as a location only of material that 
        is considered suitable for minors and shall not be available 
        for use as a location of any material that is harmful to 
        minors.
            (3) Operator of domain.--The entity selected pursuant to 
        section 3 to establish, operate, and maintain the new domain 
        shall--
                    (A) establish, operate, and maintain the domain in 
                accordance with the requirements under this subsection; 
                and
                    (B) provide for the creation of an independent 
                board, with diverse membership, which shall be 
                responsible for--
                            (i) establishing written criteria for 
                        accepting registrants for the new domain and 
                        for any limitations applicable to the new 
                        domain, which shall include a requirement that 
                        any registrant agree to use the new domain in 
                        accordance with paragraph (2); and
                            (ii) ensuring that subscription rates or 
                        fees for obtaining a new domain name are as 
                        minimal as possible.
            (4) Consultation.--In carrying out the establishment, 
        operation, and maintenance of the new domain, family 
        organizations and international organizations concerned with 
        the operations of the Internet shall be coordinated with and 
        consulted.
            (5) Periodic audits.--Periodic audits shall be conducted to 
        ensure compliance with requirements, registration criteria, and 
        limitations applicable to the new domain.
            (6) Review of exclusion.--A registrant to the new domain 
        shall have the opportunity for an impartial hearing regarding 
        any material excluded from the domain. Such a hearing shall 
        provide the basic elements of due process, including adequate 
        notice, a right to representation, an opportunity to present 
        evidence and witnesses, an opportunity to examine and refute 
        evidence, an opportunity to cross-examine witnesses, and a 
        right to a decision on the merits.
            (7) Other.--Any other requirements that may be established 
        under the plan developed pursuant to subsection (a).

SEC. 3. SELECTION PROCESS FOR OPERATOR OF NEW DOMAIN.

    (a) Application Process.--A plan in accordance with this section 
shall establish a process for soliciting applications for establishment 
of the new domain, which process shall--
            (1) commence and complete not later than 60 days after the 
        expiration of the 30-day period referred to in section 2(a);
            (2) provide adequate notice to prospective applicants 
        (including any applicant that previously filed an application 
        with ICANN for similar purposes that was rejected) of--
                    (A) the opportunity to submit such an application; 
                and
                    (B) the criteria for selection under subsection 
                (b)(1);
            (3) involve a fee for filing an application that does not 
        exceed the minimum amount reasonably estimated as necessary to 
        recover any expenses of ICANN relating to the process for 
establishing the new domain; and
            (4) provide for reimbursement to applicants of any amounts 
        collected in filing fees that exceed the actual amount of 
        expenses of ICANN relating to the process for establishing the 
        new domain.
    (b) Selection Process.--A plan in accordance with this section 
shall establish a process for selection, from applications submitted 
pursuant to the process under subsection (a), of an application for the 
establishment of the new domain in accordance with the requirements 
under section 2(b). Such selection process shall comply with the 
following requirements:
            (1) Criteria.--The selection shall be made pursuant to 
        written, objective criteria designed to ensure--
                    (A) that the new domain is established, operated, 
                and maintained in accordance with the requirements 
                under section 2(b); and
                    (B) that the entity selected to establish, operate, 
                and maintain the domain is the applicant most capable 
                and qualified to do so.
            (2) Initial review.--Not more than 60 days after the 
        conclusion of the application period pursuant to subsection 
        (a)(1), ICANN shall--
                    (A) review and apply the selection criteria 
                established under paragraph (1) to each application 
                submitted; and
                    (B) based upon such criteria, select an application 
                and award to the applicant a contract for 
                establishment, operation, and maintenance of the new 
                domain, unless ICANN determines that no applicant could 
                minimally provide for establishment, operation, and 
                maintenance of the new domain in accordance with the 
                requirements under section 2(b).
            (3) Second application period.--If no applicant is selected 
        pursuant to paragraph (2), not later than 30 days after the 
        expiration of the 60-day period under paragraph (2), ICANN 
        shall commence another application and selection process that 
        complies with the requirements under subsection (a) and this 
        subsection.
            (4) Report.--If the second application and selection 
        process pursuant to paragraph (3) does not result in the award 
        of a contract for establishment, operation, and maintenance of 
        the new domain, not later than 30 days after the conclusion of 
        such second 60-day period under paragraph (2), ICANN shall 
        inform the Secretary of Commerce in writing of such failure to 
        award a contract and submit to the Secretary a report 
        describing the application and selection process and setting 
        forth the reasons for such failure to award a contract.
    (c) Full Operation.--A plan in accordance with this section shall 
provide for ICANN to take all actions necessary to facilitate the full 
operation of the new domain within 6 months after the award of the 
contract for establishment, operation, and maintenance of the domain.
    (d) Priority for Establishment of Domain.--
            (1) ICAAN.--A plan in accordance with this section shall 
        provide that ICANN may not establish any top-level generic or 
        country code Internet domain that has not already been approved 
        by ICANN on or before the date of the enactment of this Act 
        until after the new domain provided for under such plan has 
        been established.
            (2) Department of commerce.--The Secretary of Commerce may 
        not approve, through the National Telecommunications 
        Information Administration or otherwise, the establishment of 
        any top-level generic or country code Internet domain that has 
        not already been approved by ICANN on or before the date of the 
        enactment of this Act until after the new domain has been 
        established pursuant to a plan in accordance with this section.
    (e) Continuation of Department of Commerce Oversight and Approval 
Authority.--During any period that ICANN has any authority for the 
establishment of top-level generic or county code Internet domains and 
for selection of registry services for such domains, the Secretary of 
Commerce--
            (1) shall carry out oversight and approval of such 
        functions for the Federal Government;
            (2) shall make every reasonable effort to retain the 
        authority reserved to the Department of Commerce under the 
        Memorandum of Understanding referred to in section 2(a)(1) of 
        this Act and any amendments to such Memorandum; and
            (3) shall diligently exercise such authority.
    (f) Annual Oversight.--A plan in accordance with this section shall 
provide that ICANN shall, on an annual basis, review the actions of the 
entity selected to establish, operate, and maintain the new domain to 
ensure that such entity is complying with the requirements of section 
2(b).

SEC. 4. LIABILITY PROTECTIONS.

    (a) Treatment of Publisher or Speaker.--No person or entity that 
operates or maintains the new domain shall be treated as the publisher 
or speaker of any information provided by another registrant for the 
domain.
    (b) Civil Liability.--No person or entity that operates or 
maintains the new domain shall be held liable because of--
            (1) any action voluntarily taken in good faith to restrict 
        access through the new domain to, or availability through the 
        new domain of, material that such person or entity considers to 
        be harmful to minors, obscene, lewd, lascivious, filthy, 
        excessively violent, harassing, or otherwise objectionable, 
        whether or not such material is constitutionally protected, 
        except that any action taken to exclude specific material from 
        the new domain shall be subject to the provisions of section 
        2(b)(6); or
            (2) any action taken to enable or make available to 
        registrants to the new domain or others the technical means to 
        restrict access by minors to material described in paragraph 
        (1).

SEC. 5. EDUCATION AND OVERSIGHT.

    (a) Education.--The Secretary of Commerce, acting through the 
National Telecommunications and Information Administration, shall carry 
out a program to publicize the availability of the new domain and to 
educate the parents of minors regarding the process for utilizing the 
domain in combination and coordination with hardware and software 
technologies that provide for filtering or blocking of unsuitable 
content. The program under this subsection shall be commenced not later 
than 30 days after the date that the new domain first becomes 
operational and accessible by the public.
    (b) Oversight.--The Secretary of Commerce, acting through the 
National Telecommunications and Information Administration, and the 
entity selected to operate and maintain the new domain shall--
            (1) consult with the Attorney General regarding appropriate 
        procedures and actions to prevent minors and families who use 
        the new domain from being targeted by adults and other children 
        for predatory behavior, exploitation, or illegal actions; and
            (2) establish such procedures and take such actions as may 
        be necessary to prevent such targeting.
The consultations, procedures, and actions required under this 
subsection shall be commenced not later than 30 days after the date 
that the new domain first becomes operational and accessible by the 
public.

SEC. 6. DEFINITIONS.

    For purposes of this Act:
            (1) ICANN.--The term ``ICANN'' means the Internet 
        Corporation for Assigned Names and Numbers.
            (2) Material that is harmful to minors.--The term 
        ``material that is harmful to minors'' means any communication, 
        picture, image, graphic image file, article, recording, 
        writing, or other matter of any kind that is obscene or that--
                    (A) the average person, applying contemporary 
                community standards, would find, taking the material as 
                a whole and with respect to minors, is designed to 
                appeal to, or is designed to pander to, the prurient 
                interest;
                    (B) depicts, describes, or represents, in a manner 
                patently offensive with respect to minors, an actual or 
                simulated sexual act or sexual contact, an actual or 
                simulated normal or perverted sexual act, or a lewd 
                exhibition of the genitals or post-pubescent female 
                breast; and
                    (C) taken as a whole, lacks serious literary, 
                artistic, political, or scientific value for minors.
            (3) Minor.--The term ``minor'' means any person under 17 
        years of age.
            (4) New domain.--The term ``new domain'' means the Internet 
        domain established pursuant to this Act.
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