Senate - July 21, 1998
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COATS AMENDMENT NO. 3227 (As Passed)
Senate - July 21, 1998 |
Mr. COATS proposed an amendment to the bill, S. 2260, supra; as follows:
On page 135, between lines 11 and 12, insert the following:
TITLE I:
Sec. 620. (a) Prohibition:
(1) In general: Section 223 of the Communications Act of 1934 (47 U.S.C. 223) is amended--
(B) by inserting after subsection (d) the following new subsection (e):
`(2) Any person who violates paragraph (1) shall be fined not more than $50,000, imprisoned not more than six months, or both.
`(3) In addition to the penalties under paragraph (2), whoever intentionally violates paragraph (1) shall be subject to a fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation.
`(4) In addition to the penalties under paragraphs (2) and (3), whoever violates paragraph (1) shall be subject to a civil fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation.
`(5) It is an affirmative defense to prosecution under this subsection that the defendant restricted access to material that is harmful to minors by persons under 17 years of age by requiring use of a verified credit card, debit account, adult access code, or adult personal identification number or in accordance with such other procedures as the Commission may prescribe.
`(6) This subsection may not be construed to authorize the Commission to regulate in any manner the content of any information provided on the World Wide Web.
`(7) For purposes of this subsection:
`(ii) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and
`(iii) lacks serious literary, artistic, political, or scientific value.
`(B) The terms `sexual act' and `sexual contact' have the meanings assigned such terms in section 2246 of title 18, United States Code.'.
(2) Conforming amendment: Subsection (h) of such section, as so redesignated, is amended by striking `(e), or (f)' and inserting `(f), or (g)'.
(b) Availability on Internet of Definition of Material That Is Harmful to Minors: The Attorney General, in the case of the Internet web site of the Department of Justice, and the Federal Communications Commission, in the case of the Internet web site of the Commission, shall each post or otherwise make available on such web site such information as is necessary to inform the public of the meaning of the term `material that is harmful to minors' under section 223(e) of the Communications Act of 1934, as amended by subsection (a) of this section.
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