[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 49 Introduced in Senate (IS)]
1st Session
S. 49
To amend the Communications Act of 1934 to prevent the carriage of
child pornography by video service providers, to protect children from
online predators, and to restrict the sale or purchase of children's
personal information in interstate commerce.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 4, 2007
Mr. Stevens introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to prevent the carriage of
child pornography by video service providers, to protect children from
online predators, and to restrict the sale or purchase of children's
personal information in interstate commerce.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Protecting
Children in the 21st Century Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PROTECTING CHILDREN
Sec. 101. Video transmission of child pornography.
Sec. 102. Additional child pornography amendments.
TITLE II--DELETING ONLINE PREDATORS
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Certifications to include protections against commercial
social networking websites and chat rooms.
Sec. 204. FTC consumer alert on internet dangers to children.
TITLE III--CHILDREN'S LISTBROKER PRIVACY
Sec. 301. Short title.
Sec. 302. Restriction on sale or purchase of children's personal
information.
Sec. 303. Administration and enforcement.
Sec. 304. Actions by States.
Sec. 305. Definitions.
Sec. 306. Effective date.
TITLE I--PROTECTING CHILDREN
SEC. 101. VIDEO TRANSMISSION OF CHILD PORNOGRAPHY.
Section 621 of the Communications Act of 1934 (47 U.S.C. 541) is
amended by adding at the end the following:
``(g) Child Pornography.--
``(1) In general.--A video service provider authorized to
provide video service in a local franchise area shall comply
with the regulations on child pornography promulgated pursuant
to paragraph (2).
``(2) Regulations.--Not later than 180 days after the date
of enactment of the Protecting Children in the 21st Century
Act, the Commission shall promulgate regulations to require a
video service to prevent the offering of child pornography (as
such term is defined in section 254(h)(7)(F)).''.
SEC. 102. ADDITIONAL CHILD PORNOGRAPHY AMENDMENTS.
(a) Increase in Fine for Failure To Report.--Section 227(b)(4) of
the Crime Control Act of 1990 (42 U.S.C. 13032(b)(4)) is amended--
(1) by striking ``$50,000;'' in subparagraph (A) and
inserting ``$150,000;''; and
(2) by striking ``$100,000.'' in subparagraph (B) and
inserting ``$300,000.''.
(b) Warning Labels for Websites Depicting Sexually Explicit
Material.--
(1) In general.--
(A) Notice requirement.--It is unlawful for the
operator of a website that is primarily operated for
commercial purposes knowingly, and with knowledge of
the character of the material, to place sexually
explicit material on the website unless--
(i) the first page of the website viewable
on the Internet does not include any sexually
explicit material; and
(ii) each page or screen of the website
that does contain sexually explicit material
also displays the matter prescribed by the
Federal Trade Commission under paragraph (2).
(B) Exception for restricted access websites.--
Subparagraph (A)(ii) does not apply to any website
access to which is restricted to a specific set of
individuals through a password or other access
restriction mechanism.
(2) Marks or notices.--Within 90 days after the date of
enactment of this Act, the Federal Trade Commission shall, in
consultation with the Attorney General, promulgate regulations
establishing clearly identifiable marks or notices to be
included in the code, if technologically feasible, or on the
pages or screens of a website that contains sexually explicit
material to inform any person who accesses that website of the
nature of the material and to facilitate the filtering of such
pages or screens.
(3) Inapplicability to carriers and other service
providers.--Subsection (a) does not apply to a person to the
extent that the person is--
(A) a telecommunications carrier (as defined in
section 3(44) of the Communications Act of 1934 (47
U.S.C. 153(44));
(B) engaged in the business of providing an
Internet access service; or
(C) engaged in the transmission, storage,
retrieval, hosting, formatting, or translation of a
communication made by another person, without selection
or alteration of the content (other than by translation
or by lawful selection or deletion of matter).
(4) Definitions.--In this subsection:
(A) 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.
(B) Sexually explicit material.--The term
``sexually explicit material'' means material that
depicts sexually explicit conduct (as defined in
section 2256(2)(A) of section 2256 of title 18, United
States Code), unless that depiction constitutes a small
and insignificant part of the whole, the remainder of
which is not primarily devoted to sexual matters.
(C) 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 Internet protocol or
any successor protocol to transmit information.
(D) Internet access service.--The term ``Internet
access service'' means a service that enables users to
access content, information, electronic mail, or other
services offered over the Internet and may also include
access to proprietary content, information, and other
services as part of a package of services offered to
the public other than telecommunications service (as
defined in section 3(46) of the Communications Act of
1934 (47 U.S.C. 153(46))).
(5) Penalty.--Violation of this subsection is punishable by
a fine under title 18, United States Code, or imprisonment for
not more than 5 years, or both.
TITLE II--DELETING ONLINE PREDATORS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Deleting Online Predators Act of
2007''.
SEC. 202. FINDINGS.
The Congress finds that--
(1) sexual predators approach minors on the Internet using
chat rooms and social networking websites, and, according to
the United States Attorney General, one in five children has
been approached sexually on the Internet;
(2) sexual predators can use these chat rooms and websites
to locate, learn about, befriend, and eventually prey on
children by engaging them in sexually explicit conversations,
asking for photographs, and attempting to lure children into a
face to face meeting; and
(3) with the explosive growth of trendy chat rooms and
social networking websites, it is becoming more and more
difficult to monitor and protect minors from those with devious
intentions, particularly when children are away from parental
supervision.
SEC. 203. CERTIFICATIONS TO INCLUDE PROTECTIONS AGAINST COMMERCIAL
SOCIAL NETWORKING WEBSITES AND CHAT ROOMS.
(a) Certification by Schools.--Section 254(h)(5)(B) of the
Communications Act of 1934 (47 U.S.C. 254(h)(5)(B)) is amended by
striking clause (i) and inserting the following:
``(i) is enforcing a policy of Internet
safety for minors that prevents cyberbullying
and includes monitoring the online activities
of minors and the operation of a technology
protection measure with respect to any of its
computers with Internet access that--
``(I) protects against access
through such computers to visual
depictions that are--
``(aa) obscene;
``(bb) child pornography;
or
``(cc) harmful to minors;
and
``(II) protects against access to a
commercial social networking website or
chat room unless used for an
educational purpose with adult
supervision; and''.
(b) Certification by Libraries.--Section 254(h)(6)(B) of such Act
(47 U.S.C. 254(h)(6)(B)) is amended by striking clause (i) and
inserting the following:
``(i) is enforcing a policy of Internet
safety that prevents cyberbullying and includes
the operation of a technology protection
measure with respect to any of its computers
with Internet access that--
``(I) protects against access
through such computers to visual
depictions that are--
``(aa) obscene;
``(bb) child pornography;
or
``(cc) harmful to minors;
and
``(II) protects against access by
minors without parental authorization
to a commercial social networking
website or chat room, and informs
parents that sexual predators can use
these websites and chat rooms to prey
on children; and''.
(c) Definitions.--Section 254(h)(7) of such Act (47 U.S.C.
254(h)(7)) is amended by adding at the end the following new
subparagraph:
``(J) Commercial social networking websites; chat
rooms.--Within 120 days after the date of enactment of
the Deleting Online Predators Act of 2006, the
Commission shall by rule define the terms `social
networking website' and `chat room' for purposes of
this subsection. In determining the definition of a
social networking website, the Commission shall take
into consideration the extent to which a website--
``(i) is offered by a commercial entity;
``(ii) permits registered users to create
an on-line profile that includes detailed
personal information;
``(iii) permits registered users to create
an on-line journal and share such a journal
with other users;
``(iv) elicits highly-personalized
information from users; and
``(v) enables communication among users.''.
(d) Disabling During Adult or Educational Use.--Section
254(h)(5)(D) of such Act (47 U.S.C. 254(h)(5)(D)) is amended--
(1) by inserting ``or educational'' after ``during adult''
in the heading; and
(2) by inserting before the period at the end the
following: ``or during use by an adult or by minors with adult
supervision to enable access for educational purposes pursuant
to subparagraph (B)(i)(II)'' .
SEC. 204. FTC CONSUMER ALERT ON INTERNET DANGERS TO CHILDREN.
(a) Information Regarding Child Predators and the Internet.--Not
later than 180 days after the date of enactment of this Act, the
Federal Trade Commission shall--
(1) issue a consumer alert regarding the potential dangers
to children of Internet child predators, including the
potential danger of commercial social networking websites and
chat rooms through which personal information about child users
of such websites may be accessed by child predators; and
(2) establish a website to serve as a resource for
information for parents, teachers and school administrators,
and others regarding the potential dangers posed by the use of
the Internet by children, including information about
commercial social networking websites and chat rooms through
which personal information about child users of such websites
may be accessed by child predators.
(b) Commercial Social Networking Websites.--In subsection (a), the
terms ``commercial social networking website'' and ``chat room'' have
the meanings given such terms pursuant to section 254(h)(7)(J) of the
Communications Act of 1934 (47 U.S.C. 254(h)(7)(J)).
TITLE III--CHILDREN'S LISTBROKER PRIVACY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Children's Listbroker Privacy
Act''.
SEC. 302. RESTRICTION ON SALE OR PURCHASE OF CHILDREN'S PERSONAL
INFORMATION.
(a) In General.--It is unlawful--
(1) to sell personal information about an individual the
seller knows to be a child;
(2) to purchase personal information about an individual
identified by the seller as a child, for the purpose of
marketing to that child; or
(3) for a person who has provided a certification pursuant
to subsection (b)(2), in connection with the purchase of
personal information about an individual identified by the
seller as a child, to engage in any practice that violates the
terms of the certification.
(b) Exceptions.--
(1) Parental consent.--Subsection (a) does not apply to any
sale, purchase, or use of personal information about a child if
the parent of the child has granted express consent to that
sale, purchase, or use of the information.
(2) Certification.--Subsection (a)(1) shall not apply to
the sale of personal information about a child if the purchaser
certifies to the seller, electronically or in writing, before
the sale is completed--
(A) the purpose for which the information will be
used by the purchaser; and
(B) that the purchaser will neither--
(i) use the information for marketing that
child; nor
(ii) permit the information to be used by
others for the purpose of marketing to that
child.
SEC. 303. ADMINISTRATION AND ENFORCEMENT.
(a) In General.--Except as provided in subsection (b), this title
shall be enforced by the Commission as if the violation of section 302
of this title were an unfair or deceptive act or practice proscribed
under section 18(a)(1)(B) of the Federal Trade Commission Act (15
U.S.C. 57a(a)(1)(B)).
(b) Enforcement by Certain Other Agencies.--Compliance with this
title shall be enforced under--
(1) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), in the case of--
(A) national banks, and Federal branches and
Federal agencies of foreign banks, by the Office of the
Comptroller of the Currency;
(B) member banks of the Federal Reserve System
(other than national banks), branches and agencies of
foreign banks (other than Federal branches, Federal
agencies, and insured State branches of foreign banks),
commercial lending companies owned or controlled by
foreign banks, and organizations operating under
section 25 or 25A of the Federal Reserve Act (12 U.S.C.
601 and 611), by the Board; and
(C) banks insured by the Federal Deposit Insurance
Corporation (other than members of the Federal Reserve
System) and insured State branches of foreign banks, by
the Board of Directors of the Federal Deposit Insurance
Corporation;
(2) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), by the Director of the Office of Thrift
Supervision, in the case of a savings association the deposits
of which are insured by the Federal Deposit Insurance
Corporation;
(3) the Federal Credit Union Act (12 U.S.C. 1751 et seq.)
by the National Credit Union Administration Board with respect
to any Federal credit union;
(4) part A of subtitle VII of title 49, United States Code,
by the Secretary of Transportation with respect to any air
carrier or foreign air carrier subject to that part;
(5) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et
seq.) (except as provided in section 406 of that Act (7 U.S.C.
226, 227)), by the Secretary of Agriculture with respect to any
activities subject to that Act; and
(6) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) by
the Farm Credit Administration with respect to any Federal land
bank, Federal land bank association, Federal intermediate
credit bank, or production credit association.
(c) Exercise of Certain Powers.--For the purpose of the exercise by
any agency referred to in subsection (b) of its powers under any Act
referred to in that subsection, a violation of section 302 of this
title is deemed to be a violation of a requirement imposed under that
Act. In addition to its powers under any provision of law specifically
referred to in subsection (b), each of the agencies referred to in that
subsection may exercise, for the purpose of enforcing compliance with
any requirement imposed under section 302 of this title, any other
authority conferred on it by law.
(d) Actions by the Commission.--The Commission shall prevent any
person from violating section 302 of this title in the same manner, by
the same means, and with the same jurisdiction, powers, and duties as
though all applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a
part of this title. Any entity that violates any provision of that
section is subject to the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission Act in the same
manner, by the same means, and with the same jurisdiction, power, and
duties as though all applicable terms and provisions of the Federal
Trade Commission Act were incorporated into and made a part of that
section.
(e) Preservation of Commission Authority.--Nothing contained in
this section shall be construed to limit the authority of the
Commission under any other provision of law.
SEC. 304. ACTIONS BY STATES.
(a) In General.--
(1) Civil actions.--In any case in which the attorney
general of a State has reason to believe that an interest of
the residents of that State has been or is threatened or
adversely affected by the engagement of any person in a
practice that section 302 of this title, the State, as parens
patriae, may bring a civil action on behalf of the residents of
the State in a district court of the United States of
appropriate jurisdiction--
(A) to enjoin that practice;
(B) to enforce compliance with the rule;
(C) to obtain damage, restitution, or other
compensation on behalf of residents of the State; or
(D) to obtain such other relief as the court may
consider to be appropriate.
(2) Notice.--
(A) In general.--Before filing an action under
paragraph (1), the attorney general of the State
involved shall provide to the Commission--
(i) written notice of that action; and
(ii) a copy of the complaint for that
action.
(B) Exemption.--
(i) In general.--Subparagraph (A) shall not
apply with respect to the filing of an action
by an attorney general of a State under this
subsection, if the attorney general determines
that it is not feasible to provide the notice
described in that subparagraph before the
filing of the action.
(ii) Notification.--In an action described
in clause (i), the attorney general of a State
shall provide notice and a copy of the
complaint to the Commission at the same time as
the attorney general files the action.
(b) Intervention.--
(1) In general.--On receiving notice under subsection
(a)(2), the Commission shall have the right to intervene in the
action that is the subject of the notice.
(2) Effect of intervention.--If the Commission intervenes
in an action under subsection (a), it shall have the right--
(A) to be heard with respect to any matter that
arises in that action; and
(B) to file a petition for appeal.
(c) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this title shall be construed to prevent an
attorney general of a State from exercising the powers conferred on the
attorney general by the laws of that State to--
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of
documentary and other evidence.
(d) Actions by the Commission.--In any case in which an action is
instituted by or on behalf of the Commission for violation of section
302 of this title, no State may, during the pendency of that action,
institute an action under subsection (a) against any defendant named in
the complaint in that action for violation of that section.
(e) Venue; Service of Process.--
(1) Venue.--Any action brought under subsection (a) may be
brought in the district court of the United States that meets
applicable requirements relating to venue under section 1391 of
title 28, United States Code.
(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in which
the defendant--
(A) is an inhabitant; or
(B) may be found.
SEC. 305. DEFINITIONS.
In this title:
(1) Child.--The term ``child'' means an individual under
the age of 16.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Express consent.--
(A) In general.--The term ``express consent'' means
an affirmative indication of permission in writing or
electronic form. The term ``express consent'' does not
include consent inferred from a failure to indicate
affirmatively that consent is denied or withheld.
(B) Prerequisites.--Express consent is not valid
unless--
(i) before granting the consent the
individual granting the consent was informed of
the purpose for which the information would be
sold, purchased, or used; and
(ii) consent was not granted as a condition
for making a product, service, or warranty
available to the individual or the child to
which the information pertains.
(4) Marketing.--The term ``marketing'' means making a
communication to encourage the purchase or use of a commercial
product or service. For purposes of this paragraph, a product
or service shall be considered to be commercial if some or all
of the proceeds from the sale inure to the benefit of an
enterprise conducted for profit.
(5) Parent.--The term ``parent'' includes a legal guardian.
(6) Personal information.--The term ``personal
information'' means identifiable information about an
individual, including--
(A) a name;
(B) a home or other physical address including
street name and name of a city or town;
(C) an e-mail address or online username;
(D) a telephone number;
(E) a Social Security number; or
(F) any other information that permits a specific
individual to be identified.
(7) Purchase; sell; sale.--In section 303, the terms
``purchase'', ``sell'', and ``sale'' include the purchase and
sale of the right to use personal information, without regard
to whether--
(A) the right is limited or unlimited;
(B) the transaction is characterized as a purchase,
sale, lease, or otherwise; and
(C) the consideration for the transaction is
monetary, goods, or services.
SEC. 306. EFFECTIVE DATE.
This title takes effect 6 months after the date of enactment.
<all>