To amend section 1464 of title 18, United States Code, to punish transmission by computer of indecent material to minors.

IN THE SENATE OF THE UNITED STATES

June 7 (legislative day, June 5), 1995

Mr. Grassley (for himself, Mr. Dole, Mr. Coats, Mr. McConnell, Mr. Shelby, and Mr. Nickles) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To amend section 1464 of title 18, United States Code, to punish transmission by computer of indecent material to minors.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Protection of Children From Computer Pornography Act of 1995'.

SEC. 2. TRANSMISSION BY COMPUTER OF INDECENT MATERIAL TO MINORS.

(a) Offenses- Section 1464 of title 18, United States Code, is amended--

(1) in the heading by striking `Broadcasting obscene language' and inserting `Utterance of indecent or profane language by radio communication; transmission to minor of indecent material from remote computer facility, electronic communications service, or electronic bulletin board service';

(2) by striking `Whoever' and inserting `(a) Utterance of Indecent or Profane Language by Radio Communication- A person who'; and

(3) by adding at the end the following:

`(b) Transmission to Minor of Indecent Material From Remote Computer Facility, Electronic Communications Service, or Electronic Bulletin Board Service Provider-

`(1) Definitions- As used in this subsection--

`(A) the term `remote computer facility' means a facility that--

`(i) provides to the public computer storage or processing services by means of an electronic communications system; and

`(ii) permits a computer user to transfer electronic or digital material from the facility to another computer;

`(B) the term `electronic communications service' means any wire, radio, electromagnetic, photo optical, or photoelectronic system for the transmission of electronic communications, and any computer facility or related electronic equipment for the electronic storage of such communications, that permits a computer user to transfer electronic or digital material from the service to another computer; and

`(C) the term `electronic bulletin board service' means a computer system, regardless of whether operated for commercial purposes, that exists primarily to provide remote or on-site users with digital images, or that exists primarily to permit remote or on-site users to participate in or create on-line discussion groups or conferences.

`(2) Transmission by remote computer facility operator, electronic communications service provider, or electronic bulletin board service provider- A remote computer facility operator, electronic communications service provider, electronic bulletin board service provider who, with knowledge of the character of the material, knowingly--

`(A) transmits or offers or attempts to transmit from the remote computer facility, electronic communications service, or electronic bulletin board service provider a communication that contains indecent material to a person under 18 years of age; or

`(B) causes or allows to be transmitted from the remote computer facility, electronic communications service, or electronic bulletin board a communication that contains indecent material to a person under 18 years of age or offers or attempts to do so,

shall be fined in accordance with this title, imprisoned not more than 5 years, or both.

`(3) Permitting access to transmit indecent material to a minor- Any remote computer facility operator, electronic communications service provider, or electronic bulletin board service provider who willfully permits a person to use a remote computing service, electronic communications service, or electronic bulletin board service that is under the control of that remote computer facility operator, electronic communications service provider, or electronic bulletin board service provider, to knowingly or recklessly transmit indecent material from another remote computing service, electronic communications service, or electronic bulletin board service, to a person under 18 years of age, shall be fined not more than $10,000, imprisoned not more than 2 years, or both.'.

(b) Technical Amendment- The item for section 1464 in the chapter analysis for chapter 71 of title 18, United States Code, is amended to read as follows:

`1464. Utterance of indecent or profane language by radio communication; transmission to minor of indecent material from remote computer facility.'.