[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2426 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2426

To facilitate the protection of minors using the Internet from material 
           that is harmful to minors, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 16 (legislative day, March 15), 2006

 Mr. Baucus (for himself and Mr. Pryor) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To facilitate the protection of minors using the Internet from material 
           that is harmful to minors, 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 ``Cyber Safety for Kids Act of 2006''.

SEC. 2. ESTABLISHMENT OF TOP-LEVEL INTERNET DOMAIN NAME.

    (a) NTIA Action.--Not later than 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 United States 
        Department of Commerce and ICANN, 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 102 for ICANN to establish a new domain 
        meeting the requirements in subsection (b);
            (2) upon completion of the plan developed under paragraph 
        (1), make such plan publicly available;
            (3) enter into any memorandums of understanding, 
        agreements, and contracts with ICANN, as may be necessary to 
        carry out the plan developed under paragraph (1); and
            (4) make any amendments to any existing memorandums of 
        understandings, agreements, and contracts with ICANN, as may be 
        necessary to carry out the plan developed under paragraph (1).
    (b) Requirements for New Domain.--The new domain established under 
subsection (a) shall be subject to the following requirements:
            (1) Top-level, international domain.--
                    (A) In general.--The new domain shall be 
                established as a top-level, International domain having 
                a domain name appropriate for its purpose.
                    (B) Domain name ending.--The new domain shall have 
                domain name that ends in a manner that allows a user of 
                the Internet to understand that by accessing such 
                domain, a user is likely to view material that is 
                harmful to minors, such as domain name ending in .xxx.
            (2) 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 new domain 
                in accordance with 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--
                                    (I) accepting registrants for the 
                                new domain; and
                                    (II) any limitations applicable to 
                                the new domain; and
                            (ii) ensuring that subscription rates or 
                        fees for obtaining a name for the new domain 
                        are as minimal as possible.
            (3) Other requirements.--The plan developed under 
        subsection (a) may include such other requirements with respect 
        to the new domain as the National Telecommunications and 
        Information Administration and ICANN jointly consider 
        appropriate.

SEC. 3. SELECTION OF OPERATOR OF NEW DOMAIN.

    (a) Application Process.--The plan developed under section 2(a) 
shall establish a process for soliciting applications for the 
establishment of the new domain described in section 2, 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 of--
                    (A) the opportunity to submit an application; and
                    (B) the criteria for selection under subsection 
                (b)(1);
            (3) include a fee for filing an application that does not 
        exceed the minimum amount reasonably estimated by ICANN to be 
        necessary to recover its expenses under section 2 and this 
        section; and
            (4) provide for reimbursement to applicants of any amounts 
        collected in filing fees that exceed the actual amount of 
        expenses of ICANN under section 2 and this section.
    (b) Selection Process.--
            (1) In general.--The plan developed under section 2(a) 
        shall establish a process for selection, from applications 
        submitted pursuant to subsection (a), of an application for the 
        establishment of the new domain meeting the requirements under 
        section 2(b).
            (2) Requirements.--The selection process described in 
        paragraph (1) shall comply with the following requirements:
                    (A) Criteria.--The selection shall be made pursuant 
                to written, objective criteria designed to ensure 
                that--
                            (i) the new domain is established, 
                        operated, and maintained in accordance with the 
                        requirements under section 2(b); and
                            (ii) the entity selected to establish, 
                        operate, and maintain the new domain is the 
                        applicant most capable and qualified to do so.
                    (B) Initial review.--Not later than 60 days after 
                the completion of the application period under 
                subsection (a)(1), ICANN shall--
                            (i) review and apply the selection criteria 
                        established under subparagraph (A) to each 
                        application submitted; and
                            (ii) based upon such criteria, select an 
                        application and award to the applicant a 
                        contract for the establishment, operation, and 
                        maintenance of the new domain, unless ICANN 
                        determines that no applicant could minimally 
                        provide for the establishment, operation, and 
                        maintenance of the new domain in accordance 
                        with the requirements under section 2(b).
                    (C) Second application period.--If no applicant is 
                selected pursuant to subparagraph (B), not later than 
                30 days after the expiration of the 60-day period under 
                subparagraph (B), ICANN shall commence another 
                application and selection process that complies with 
                the requirements under subsection (a) and this 
                subsection.
                    (D) Report.--If the second application and 
                selection process under subparagraph (C) does not 
                result in the award of a contract for the 
                establishment, operation, and maintenance of the new 
                domain, not later than 30 days after the conclusion of 
                the 60-day period under subparagraph (C), ICANN shall--
                            (i) notify the Secretary of Commerce in 
                        writing of the failure to award a contract 
                        under subparagraph (C); and
                            (ii) submit to the Secretary of Commerce a 
                        report describing the application and selection 
                        process and setting forth the reasons for the 
                        failure to award the contract.
    (c) Full Operation.--The plan developed under section 2(a) shall 
provide for ICANN to take all actions necessary to facilitate the full 
operation of the new domain not later than 6 months after the award of 
the contract for the establishment, operation, and maintenance of the 
new domain.
    (d) Annual Oversight.--The plan developed under section 2(a) 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 under 
section 2(b).

SEC. 4. USE OF NEW DOMAIN.

    Commencing not later than 6 months after the establishment of the 
new domain under section 2, any operator of a commercial Internet 
website or online service that has as its principal or primary business 
the making available of material that is harmful to minors shall 
register such website or online service with the new domain and operate 
such website or online service under the new domain.

SEC. 5. 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 or material provided by another 
registrant under 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 
        to minors access through the new domain to, or availability 
        through the new domain of, material that is harmful to minors; 
        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. 6. ENFORCEMENT.

    (a) Violation.--Any person who violates section 4, or any 
requirement, registration criteria, or limitation applicable to a 
registrant to the new domain under section 2(b), shall be subject to 
such civil penalties as the Secretary of Commerce shall prescribe.
    (b) Enforcement.--The Secretary of Commerce shall have the power to 
enforce the provisions of this title, including--
            (1) any requirements or limitations applicable to a 
        registrant to the new domain under section 2(b); and
            (2) the imposition and collection of civil penalties under 
        subsection (a).
    (c) Periodic Audits.--The Secretary of Commerce shall conduct 
periodic audits to ensure compliance with requirements, registration 
criteria, and limitations applicable to the new domain under this 
title.

SEC. 7. OUTREACH.

    (a) In General.--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 under 
this title.
    (b) Commencement.--The program under subsection (a) shall commence 
not later than 30 days after the date that the new domain first becomes 
operational and accessible by the public.

SEC. 8. DEFINITIONS.

    In this Act, the following definitions shall apply:
            (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 
        reasonable person would find--
                    (A) 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--
                            (i) an actual or simulated sexual act or 
                        sexual contact;
                            (ii) an actual or simulated normal or 
                        perverted sexual act; or
                            (iii) a lewd exhibition of the genitals or 
                        post-pubescent female breast; and
                    (C) taking the material as a whole, lacks serious 
                literary, artistic, political, or scientific value for 
                minors.
            (3) Minor.--The term ``minor'' means any person under 18 
        years of age.
            (4) New domain.--The term ``new domain'' means the Internet 
        domain established under this title.
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