II 110th CONGRESS 1st Session S. 1086 IN THE SENATE OF THE UNITED STATES April 11, 2007 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 provide stronger protections to parents regarding their children's access to sexually explicit material over the Internet.

1.

Short title

This Act may be cited as the Cyber Safety for Kids Act of 2007.

2.

Prohibition on commercial websites containing material that is harmful to minors

(a)

In general

No person who operates a website located on the Internet where such website is primarily operated for commercial purposes may knowingly, and with knowledge of the character of the material, place material that is harmful to minors on such website unless— (1)the home page, or any other page or screen that is initially viewable by a visitor to such website, does not include any material that is harmful to minors; (2)access to any such material is restricted to a specific set of individuals through an age verification requirement; and (3)the source code of such website contains the content description tag assigned to such website by the National Telecommunications and Information Administration. (b)

NTIA description tag

Not later than 90 days after the date of enactment of this Act, the National Telecommunications and Information Administration shall develop a common content description tag that— (1)will provide consumers with advance warning and information about the content of any website that contains material that is harmful to minors; (2)will allow consumers, based on such tag, to block or filter access to, and display of, any website that contains material that is harmful to minors; and (3)is technologically capable of being embedded into the source code a website.

3.

Registration requirements

(a)

In general

Any operator of a website who seeks to register such website, or who is required to re-register any existing website with ICANN, shall, at a minimum and in addition to any other information required by ICANN, provide to ICANN the following: (1)The name of such operator. (2)The Uniform Resource Locator or URL for such website. (3)The Internet Protocol address for such website. (4)The content description tag of such website under section 2(b). (b)

NTIA action required

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)enter into any memorandums of understanding, agreements, and contracts with ICANN, as may be necessary to carry out the requirement under subsection (a); and (2)make any amendments to any existing memorandums of understandings, agreements, and contracts with ICANN, as may be necessary to carry out the requirement under subsection (a).

4.

Enforcement

(a)

Violation

Any person who violates this Act 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 Act, including— (1)any requirements or limitations applicable to a registrant under section 3; and (2)the imposition and collection of civil penalties under subsection (a).

5.

Definitions

In this Act, the following definitions shall apply: (1)

ICANN

The term ICANN means the Internet Corporation for Assigned Names and Numbers. (2)

Internet

The term Internet means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol or any successor protocol to transmit information. (3)

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. (4)

Minor

The term minor means any person under 18 years of age. (5)

Source code

The term source code means the combination of text and other characters comprising the content, both viewable and non-viewable, of a webpage, including any— (A)website publishing language; (B)programming language; (C)protocol or functional content; and (D)successor languages or protocols. (6)

Tag

The term tag means a descriptive keyword or term associated with or assigned to a piece of information (such as a picture, article, or video clip), that— (A)describes such information; and (B)enables keyword-based classification and filtering of such information as required under this Act. (7)

Website

The term website means any collection of material placed in a computer server-based file archive so that it is publicly accessible over the Internet using hypertext transfer protocol, or any successor protocol.