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107th CONGRESS 1st Session H. R. 2472
To protect children from unsolicited e-mail smut containing sexually oriented advertisements offensive to minors. IN THE HOUSE OF REPRESENTATIVES
July 11, 2001 Ms. LOFGREN introduced the following bill; which was referred to the Committee on Science, and in addition to the Committees on Energy and Commerce, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To protect children from unsolicited e-mail smut containing sexually oriented advertisements offensive 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 'Protect Children From E-Mail Smut Act of 2001'.
SEC. 2. CONGRESSIONAL FINDINGS AND POLICY.
(a) FINDINGS- The Congress finds the following:
(1) Congress recognized that the Nation had a compelling interest in preventing minors from being exposed to mailings containing sexually oriented advertisements when it enacted title 39, United States Code, section 3010, and title 18, United States Code, sections 1735 and 1737.
(2) Congress required anyone sending a mailing containing sexually oriented advertisements to place a mark or notice prescribed by the Postal Service on the mailing envelope or cover.
(3) E-mails may contain the same kind of sexually oriented advertisements harmful to minors but there is presently no comparable requirement that e-mails contain any marking or notice to alert the recipient that the e-mail contains sexually oriented advertisements.
(4) Requiring a marking or notice that an e-mail contains sexually oriented advertisements will enable the parents of minors to take the necessary steps to block such material and thus protect their children from being exposed to such sexually oriented advertisements.
(5) The National Institute of Standards and Technology (hereinafter in this Act referred to as NIST), a nonregulatory agency within the Commerce Department's Technology Administration, is technologically competent to prescribe marks or other signifiers that an e-mail contains sexually oriented advertisements.
(b) CONGRESSIONAL DETERMINATION OF PUBLIC POLICY- On the basis of the findings in subsection (a), the Congress determines that--
(1) there is substantial government interest in the regulation of unsolicited e-mails containing sexually oriented advertisements that are forwarded to children; and
(2) the best method to regulate such unsolicited e-mails is to enable the children or parents acting on behalf of the children to screen or block such unsolicited e-mails using marks or signifiers prescribed by the NIST.
SEC. 3. CRIMINAL PROHIBITION AGAINST SENDING SEXUALLY ORIENTED MATERIAL TO CHILDREN WITHOUT THE PRESCRIBED MARKINGS OR NOTICE.
(a) IN GENERAL- Not later than 120 days after the date of the enactment of this Act, the NIST shall prescribe marks or notices to be included or affixed to any e-mail that contains a sexually oriented advertisement forwarded to children. Such marks shall, to the extent possible, be made so that they may not be removed or altered.
(b) PUNISHMENT- Whoever willfully and knowingly forwards to a minor an e-mail, that is carried on an instrumentality in or affecting interstate or foreign commerce, that includes sexually oriented advertisements but does not include the mark or notice as prescribed by the NIST in subsection (a) of this section shall be fined under this Act or imprisoned not more than 1 year, or both.
(c) PUNISHMENT- Whoever reproduces or manufactures any sexually related mail matter, intending or knowing that such matter will be forwarded to a minor in an e-mail in violation of subsection (b) of this section, shall be fined under this Act or imprisoned not more than 5 years, or both, for the first offense, and shall be fined under this Act or imprisoned not more than 10 years, or both, for any second, or subsequent offense. As used in this section the term 'sexually related mail matter' means any matter described in subsection (d) of this section.
(d) DEFINITION- The term 'sexually oriented advertisement' means any advertisement that depicts, in actual or simulated form, or explicitly describes, in a predominantly sexual context, human genitalia, any act of natural or unnatural sexual intercourse, any act of sadism or masochism, or any other erotic subject directly related to the foregoing. Material otherwise within the definition of this subsection shall be deemed not to constitute a sexually oriented advertisement if it constitutes only a small and insignificant part of the whole, the remainder of which is not primarily devoted to sexual matters.
SEC. 4. CIVIL RELIEF: DAMAGES.
(a) IN GENERAL- Any parent of a minor may sue and recover damages and attorney's fees and court costs from whomever violates any provision of this Act. In lieu of actual damages, the parent may recover $10,000 for each and every violation.
(b) LIMITATION- The parent shall not have a cause of action against the electronic mail service provider for merely transmitting the offending e-mail.
(c) CONFIDENTIAL PROCEDURE- At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program, and computer software involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party.
(d) EFFECT ON ADDITIONAL REMEDIES- This section does not limit any parent's right to pursue any additional civil remedy otherwise allowed at law or equity.
END
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