[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.
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