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Oxley (H.R. 3783) |
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Coats (as passed in CJS Approp., S. 2260) |
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Restricts harmful to minors materials distributed on Web, punishable by fine, prison, civil action. |
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Same. |
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Definition of harmful to minors would restrict materials without artistic, political value to minors, such as the Starr report. Also prohibits lewd exhibition of "female breast." Which is broader than state harmful to minors statutes. | | |
Different definition of harmful to minors only restricts materials without artistic, political, etc. value to adults. E.g., the Starr report would be a closer call under Coats as passed. |
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Definition of harmful to minors includes "contemporary community standards." |
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No "community standards", although difference from Oxley unclear -- what community applies to the Web? |
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Not applicable to ISPs, telcos, search engines, and others who do not "select or alter" content. |
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No provision. Applies to all "engaged in the business of commercial distribution." This would include all service providers, search engines etc. |
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Limited scope to those "in the business of making such communications" and who "devote time, attention and labor" with the "objective of earning a profit as a result." Probably still applies to many kinds of content providers not in business of distributing adult material. | | |
No definitions; applies to those "engaged in the business of commercial distribution." This too would include all service providers, search engines etc.
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Privacy Protections restrict downstream use of information. | | |
No provision. |
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Study and "Commission on Online Child Protection." | | |
No study. |
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Findings, including statement that bill's approach is "the most effective means to satisfy the compelling government interest" in protecting minors. | | |
No findings. |
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Defenses include credit card, etc. as well as all "other reasonable measures" to restrict minors. |
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Includes credit card, etc. and gives FCC power to determine "other procedures." |
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Protections for good-faith use of defenses. | | |
No provision. |
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No federal involvement in defining harmful to minors. | | |
AG and Federal Communications Commision would define harmful to minors. |
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Notice requirement on access providers to explain availability of parental control tools. | | |
No provision. |
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