S 49 ISCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

January 4, 2007

Mr. STEVENS introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Protecting Children in the 21st Century Act'.CommentsClose CommentsPermalink





(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--PROTECTING CHILDREN

Sec. 101. Video transmission of child pornography.CommentsClose CommentsPermalink





Sec. 102. Additional child pornography amendments.CommentsClose CommentsPermalink

TITLE II--DELETING ONLINE PREDATORS

Sec. 201. Short title.CommentsClose CommentsPermalink





Sec. 202. Findings.CommentsClose CommentsPermalink





Sec. 203. Certifications to include protections against commercial social networking websites and chat rooms.CommentsClose CommentsPermalink





Sec. 204. FTC consumer alert on internet dangers to children.CommentsClose CommentsPermalink

TITLE III--CHILDREN'S LISTBROKER PRIVACY

Sec. 301. Short title.CommentsClose CommentsPermalink





Sec. 302. Restriction on sale or purchase of children's personal information.CommentsClose CommentsPermalink





Sec. 303. Administration and enforcement.CommentsClose CommentsPermalink





Sec. 304. Actions by States.CommentsClose CommentsPermalink





Sec. 305. Definitions.CommentsClose CommentsPermalink





Sec. 306. Effective date.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





`(g) CHILD PORNOGRAPHY-CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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)).'.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) by striking `$50,000;' in subparagraph (A) and inserting `$150,000;'; andCommentsClose CommentsPermalink





(2) by striking `$100,000.' in subparagraph (B) and inserting `$300,000.'.CommentsClose CommentsPermalink





(b) Warning Labels for Websites Depicting Sexually Explicit Material-CommentsClose CommentsPermalink





(1) In general-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) the first page of the website viewable on the Internet does not include any sexually explicit material; andCommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) INAPPLICABILITY TO CARRIERS AND OTHER SERVICE PROVIDERS- Subsection (a) does not apply to a person to the extent that the person is--CommentsClose CommentsPermalink





(A) a telecommunications carrier (as defined in section 3(44) of the Communications Act of 1934 (47 U.S.C. 153(44));CommentsClose CommentsPermalink





(B) engaged in the business of providing an Internet access service; orCommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(4) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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))).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

TITLE II--DELETING ONLINE PREDATORS

SEC. 201. SHORT TITLE.

This title may be cited as the `Deleting Online Predators Act of 2007'.CommentsClose CommentsPermalink

SEC. 202. FINDINGS.

The Congress finds that--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(I) protects against access through such computers to visual depictions that are--CommentsClose CommentsPermalink

`(aa) obscene;CommentsClose CommentsPermalink

`(bb) child pornography; orCommentsClose CommentsPermalink

`(cc) harmful to minors; andCommentsClose CommentsPermalink

`(II) protects against access to a commercial social networking website or chat room unless used for an educational purpose with adult supervision; and'.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(I) protects against access through such computers to visual depictions that are--CommentsClose CommentsPermalink

`(aa) obscene;CommentsClose CommentsPermalink

`(bb) child pornography; orCommentsClose CommentsPermalink

`(cc) harmful to minors; andCommentsClose CommentsPermalink

`(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'.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) is offered by a commercial entity;CommentsClose CommentsPermalink





`(ii) permits registered users to create an on-line profile that includes detailed personal information;CommentsClose CommentsPermalink





`(iii) permits registered users to create an on-line journal and share such a journal with other users;CommentsClose CommentsPermalink





`(iv) elicits highly-personalized information from users; andCommentsClose CommentsPermalink





`(v) enables communication among users.'.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) by inserting `OR EDUCATIONAL' after `DURING ADULT' in the heading; andCommentsClose CommentsPermalink





(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)' .CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink

TITLE III--CHILDREN'S LISTBROKER PRIVACY

SEC. 301. SHORT TITLE.

This title may be cited as the `Children's Listbroker Privacy Act'.CommentsClose CommentsPermalink

SEC. 302. RESTRICTION ON SALE OR PURCHASE OF CHILDREN'S PERSONAL INFORMATION.

(a) IN GENERAL- It is unlawful--CommentsClose CommentsPermalink





(1) to sell personal information about an individual the seller knows to be a child;CommentsClose CommentsPermalink





(2) to purchase personal information about an individual identified by the seller as a child, for the purpose of marketing to that child; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Exceptions-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the purpose for which the information will be used by the purchaser; andCommentsClose CommentsPermalink





(B) that the purchaser will neither--CommentsClose CommentsPermalink





(i) use the information for marketing that child; norCommentsClose CommentsPermalink





(ii) permit the information to be used by others for the purpose of marketing to that child.CommentsClose CommentsPermalink

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)).CommentsClose CommentsPermalink





(b) ENFORCEMENT BY CERTAIN OTHER AGENCIES- Compliance with this title shall be enforced under--CommentsClose CommentsPermalink





(1) section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), in the case of--CommentsClose CommentsPermalink





(A) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 304. ACTIONS BY STATES.

(a) In General-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) to enjoin that practice;CommentsClose CommentsPermalink





(B) to enforce compliance with the rule;CommentsClose CommentsPermalink





(C) to obtain damage, restitution, or other compensation on behalf of residents of the State; orCommentsClose CommentsPermalink





(D) to obtain such other relief as the court may consider to be appropriate.CommentsClose CommentsPermalink





(2) Notice-CommentsClose CommentsPermalink





(A) IN GENERAL- Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Commission--CommentsClose CommentsPermalink





(i) written notice of that action; andCommentsClose CommentsPermalink





(ii) a copy of the complaint for that action.CommentsClose CommentsPermalink





(B) Exemption-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Intervention-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) EFFECT OF INTERVENTION- If the Commission intervenes in an action under subsection (a), it shall have the right--CommentsClose CommentsPermalink





(A) to be heard with respect to any matter that arises in that action; andCommentsClose CommentsPermalink





(B) to file a petition for appeal.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) conduct investigations;CommentsClose CommentsPermalink





(2) administer oaths or affirmations; orCommentsClose CommentsPermalink





(3) compel the attendance of witnesses or the production of documentary and other evidence.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Venue; Service of Process-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) SERVICE OF PROCESS- In an action brought under subsection (a), process may be served in any district in which the defendant--CommentsClose CommentsPermalink





(A) is an inhabitant; orCommentsClose CommentsPermalink





(B) may be found.CommentsClose CommentsPermalink

SEC. 305. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) CHILD- The term `child' means an individual under the age of 16.CommentsClose CommentsPermalink





(2) COMMISSION- The term `Commission' means the Federal Trade Commission.CommentsClose CommentsPermalink





(3) Express consent-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) PREREQUISITES- Express consent is not valid unless--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(5) PARENT- The term `parent' includes a legal guardian.CommentsClose CommentsPermalink





(6) PERSONAL INFORMATION- The term `personal information' means identifiable information about an individual, including--CommentsClose CommentsPermalink





(A) a name;CommentsClose CommentsPermalink





(B) a home or other physical address including street name and name of a city or town;CommentsClose CommentsPermalink





(C) an e-mail address or online username;CommentsClose CommentsPermalink





(D) a telephone number;CommentsClose CommentsPermalink





(E) a Social Security number; orCommentsClose CommentsPermalink





(F) any other information that permits a specific individual to be identified.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the right is limited or unlimited;CommentsClose CommentsPermalink





(B) the transaction is characterized as a purchase, sale, lease, or otherwise; andCommentsClose CommentsPermalink





(C) the consideration for the transaction is monetary, goods, or services.CommentsClose CommentsPermalink

SEC. 306. EFFECTIVE DATE.

This title takes effect 6 months after the date of enactment.CommentsClose CommentsPermalink