[Congressional Record Volume 148, Number 12 (Tuesday, February 12, 2002)]
[Extensions of Remarks]
[Page E141]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         THE ``ONLINE CRIMINAL LIABILITY STANDARDIZATION ACT''

                                 ______
                                 

                           HON. BOB GOODLATTE

                              of virginia

                    in the house of representatives

                       Tuesday, February 12, 2002

  Mr. GOODLATTE. Mr. Speaker, no single issue will have a greater 
impact on the future of the Internet than the resolution of how the 
government will regulate conduct and content on the Internet. That is 
why I am introducing today, the ``Online Criminal Liability 
Standardization Act'', legislation that would create a uniform standard 
limiting service providers' liability for content that third parties 
have stored or placed on their systems.
  Criminal statutes regulating online criminal activity have taken 
varied approaches to the liability of service providers. This has 
created uncertainty for service providers as they wade through the 
myriad of criminal statutes and the various standards to which they are 
held liable. Service providers are expected to choose the correct law, 
from among many competing jurisdictions, and apply it to each of the 
millions of activities that occur daily on their networks.
  Instead of focusing on those who initiate or profit from illegal 
activity, some proposals would hold service providers criminally liable 
for the conduct, activities, and decisions of third parties who use 
their services. Under many of these proposals, culpability would arise 
regardless of whether a service provider has any relationship with the 
user or the offending site, or intends to facilitate the illegal 
activity. These approaches will not work. There are more effective and 
responsible ways to combat illegal conduct on the Internet. Instead of 
targeting service providers, solutions should focus on those who engage 
in unlawful activity.
  The ``Online Criminal Liability Standardization Act'' would amend the 
criminal code by clarifying that an interactive computer service 
provider would generally not be liable under federal criminal law for 
the actions of third party users. This limitation is narrowly 
constructed, however. First, it applies only to corporations and not to 
individuals, who perpetrate the vast majority of computer crimes. 
Second, it applies only to content provided by third parties--not to 
content that the provider creates or develops jointly with another 
person. Third, it applies only to communications functions performed in 
the ordinary course of the corporation's business--so that interactive 
computer services would not be protected if they undertook a new 
business venture that was illegal. Fourth, the limitation does not 
apply in instances where a senior employee of a corporation has actual 
knowledge of the illegal activity. Fifth, it does not apply to 
employees of a corporation who may engage in illegal activity. And 
finally, it does not apply to violations of federal criminal copyright 
laws.
  I urge each of my colleagues to support this important legislation to 
give service providers certainty and clarity by creating a uniform 
standard limiting service providers' liability for content that third 
parties have stored or placed on their systems.