[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.
                                 <all>