[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 12 Introduced in House (IH)]
107th CONGRESS
1st Session
H. RES. 12
Opposing the imposition of criminal liability on Internet service
providers based on the actions of their users.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2001
Mr. Dreier submitted the following resolution; which was referred to
the Committee on the Judiciary, and in addition to the Committee on
International Relations, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
RESOLUTION
Opposing the imposition of criminal liability on Internet service
providers based on the actions of their users.
Whereas the rise of the Internet has provided more than 300,000,000 people
around the world with access to knowledge and information, fueling
innovation and facilitating communication on an unprecedented scale;
Whereas the Internet is a revolutionary medium that has provided unlimited
opportunities for communication and commerce by allowing its users to
communicate directly with each other unedited by a gatekeeper;
Whereas the rise of the Internet has fueled the economy of the United States by
expanding job growth, increasing productivity, and contributing to the
growth of information technology, which has accounted for nearly one-
third of the growth in the gross domestic product since 1995;
Whereas continued growth of the Internet should be encouraged;
Whereas the Supreme Court of the United States found in Reno v. American Civil
Liberties Union, 521 U.S. 844 (1997), that speech on the Internet
deserves the full protection of the first amendment and noted that the
Internet provides ``vast democratic forums'' and makes every user a
potential ``town crier'';
Whereas by passing the Cox-Wyden amendment to the Telecommunications Act of 1996
(Public Law 104-104; 110 Stat. 56), which was approved overwhelmingly by
the House of Representatives, Congress sought to secure the further
development of the Internet by protecting Internet service providers
(including website hosts and the operators of portals, search engines,
and directories) from civil liability for content provided by third
parties;
Whereas it is inconsistent with both the first amendment and the due process
clause of the United States Constitution to require Internet service
providers to remove online material without a determination by an
independent adjudicator that the content is illegal;
Whereas if the Internet is to remain an innovative and participatory medium in
which users can communicate with each other, Internet service providers
cannot be obliged to police user conduct on the Internet under threat of
criminal liability;
Whereas courts, not Internet service providers, are equipped to judge whether
any online communication violates criminal law;
Whereas a number of European and Asian countries have held Internet service
providers based in the United States liable for content that is illegal
under the laws of those countries, but protected by the first amendment
to our Constitution; and
Whereas the Council of Europe, with the participation of the Clinton
administration, is negotiating and drafting a Cyber-crime treaty that
may expose Internet service providers based in the United States to
criminal liability for third-party content that is protected by the
first amendment to the United States Constitution: Now, therefore, be it
Resolved, That the House of Representatives--
(1) opposes the imposition of criminal liability on any
Internet service provider (including any website host and any
operator of a portal, search engine, or directory) based on
content supplied or controlled by a third party or because of
links controlled by a third party;
(2) recognizes the importance of enacting legislation
during the 107th Congress to protect Internet service providers
from such liability;
(3) opposes efforts by foreign governments to hold Internet
service providers based in the United States criminally liable
under foreign laws for content that is protected by the first
amendment to the United States Constitution, processed by
servers located in the United States, and not targeted toward
the citizens of the foreign country; and
(4) opposes the expansion of liability for Internet service
providers under international treaties, as in Article 12 of the
Draft Convention on Cyber-crime (Draft No. 25) prepared by the
Council of Europe, which might expose Internet service
providers based in the United States to criminal liability for
third-party content, and urges the President, before bringing
the treaty to the Senate for ratification, to obtain explicit
clarification that Internet service providers will not be held
criminally liable for the actions of their users.
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