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URGENT - What S.314 Would Do
- Subject: URGENT - What S.314 Would Do
- From: [email protected] (slowdog)
- Date: 7 Feb 1995 14:58:36 GMT
- Newsgroups: misc.legal.computing
- Organization: Wozz's Place
[ Article crossposted from comp.org.cpsr.talk,comp.org.cpsr.talk,misc.legal.comp ]
[ Author was slowdog ([email protected]) ]
[ Posted on 7 Feb 1995 14:56:15 GMT ]
The following is what Senator Exon's bill (S.314) would do to the
Communicatons Act of 1934. The text in [brackets] is what is being
deleted or changed. What exists as plain text outside those brackets is
how the new law will look.
Read carefully. There are indeed implications for Internet service
providers in terms of their responsibility under the law for the content
of their systems and services.
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47 USC Sec. 223
TITLE 47
CHAPTER 5
SUBCHAPTER II
Sec. 223. [Obscene or harassing telephone calls in the District of
Columbia or in interstate or foreign communications] Obscene or
harassing utilization of telecommunications devices and facilities
in the District of Columbia or in interstate or foreign
communications
(a) Prohibited acts generally
Whoever -
(1) in the District of Columbia or in interstate or foreign
communication by means of [telephone] telecommunications
device -
(A) [makes any comment, request, suggestion or proposal]
makes, transmits, or otherwise makes available any comment,
request, suggestions, proposal, image, or other communication]
which is obscene, lewd, lascivious, filthy, or indecent;
(B) [makes a telephone call, whether or not conversation
ensues, without disclosing his identity and with intent to
annoy, abuse, threaten, or harass any person at the called
number] makes a telephone call or utilizes a telecommunications
device, whether or not conversation or communications ensues,
without disclosing his identity with intent to annoy, abuse,
threaten, or harass any person at the called number or who
receives the communication;
(C) makes or causes the telephone of another repeatedly or
continuously to ring, with intent to harass any person at the
called number; or
(D) [makes repeated telephone calls, during which conversation
ensues, solely to harass any person at the called number; or]
makes repeated telephone calls or repeatedly initiates
communication with a telecommunications device, during which
comversation or communication ensues, solely to harass any
person at the called number of who receives the communication;
or
(2) knowingly permits any [telephone] telecommunications facility
under his control to be used for any purpose prohibited by this
section, shall be fined not more than [$50,000] $100,000 or
imprisoned not more than [six months] 2 years, or both.
(b) Prohibited acts for commercial purposes; defense to prosecution
(1) Whoever knowingly -
(A) within the United States, by means of [telephone],
telecommunications device makes (directly or by recording device)
any obscene communication for commercial purposes to any person,
regardless of whether the maker of such communication [placed the
call] placed the call or initiated the conversation; or
(B) permits any [telephone] telecommunications facility under such
person's control to be used for an activity prohibited by
subparagraph (A), shall be fined in accordance with title 18 or
imprisoned not more than two years, or both.
(2) Whoever knowingly -
(A) within the United States, [by means of telephone, makes]
by means of telecommunications device, makes, knowingly
transmits, or knowingly makes available (directly or by recording
device) any indecent communication for commercial purposes which is
available to any person under 18 years of age or to any other person
without that person's consent, regardless of whether the maker of
such communication [placed the call] placed the call or
initiated the communication; or
(B) permits any [telephone] telecommunications facility under such
person's control to be used for an activity prohibited by subparagraph
(A), shall be fined not more than [$50,000] $100,000 or imprisoned not
more than [six months] 2 years, or both.
(3) It is a defense to prosecution under paragraph (2) of this
subsection that the defendant restrict access to the prohibited
communication to persons 18 years of age or older in accordance
with subsection (c) of this section and with such procedures as the
Commission may prescribe by regulation.
(4) In addition to the penalties under paragraph (1), whoever,
within the United States, intentionally violates paragraph (1) or
(2) shall be subject to a fine of not more than [$50,000]
$100,000 for each violation. For purposes of this paragraph, each
day of violation shall constitute a separate violation.
(5)(A) In addition to the penalties under paragraphs (1), (2),
and (5), whoever, within the United States, violates paragraph (1)
or (2) shall be subject to a civil fine of not more than [$50,000]
$100,000 for each violation. For purposes of this paragraph, each
day of violation shall constitute a separate violation.
(B) A fine under this paragraph may be assessed either -
(i) by a court, pursuant to civil action by the Commission or
any attorney employed by the Commission who is designated by the
Commission for such purposes, or
(ii) by the Commission after appropriate administrative
proceedings.
(6) The Attorney General may bring a suit in the appropriate
district court of the United States to enjoin any act or practice
which violates paragraph (1) or (2). An injunction may be granted
in accordance with the Federal Rules of Civil Procedure.
(c) Restriction on access to subscribers by common carriers;
judicial remedies respecting restrictions
(1) A common carrier within the District of Columbia or within
any State, or in interstate or foreign commerce, shall not, to the
extent technically feasible, provide access to a communication
specified in subsection (b) of this section from the [telephone]
telecommunications device of any subscriber who has not previously
requested in writing the carrier to provide access to such
communication if the carrier collects from subscribers an identifiable
charge for such communication that the carrier remits, in whole or in
part, to the provider of such communication.
(2) Except as provided in paragraph (3), no cause of action may
be brought in any court or administrative agency against any common
carrier, or any of its affiliates, including their officers,
directors, employees, agents, or authorized representatives on
account of -
(A) any action which the carrier demonstrates was taken in good
faith to restrict access pursuant to paragraph (1) of this
subsection; or
(B) any access permitted -
(i) in good faith reliance upon the lack of any
representation by a provider of communications that
communications provided by that provider are communications
specified in subsection (b) of this section, or
(ii) because a specific representation by the provider did
not allow the carrier, acting in good faith, a sufficient
period to restrict access to restrict access to communications
described in subsection (b) of this section.
(3) Notwithstanding paragraph (2) of this subsection, a provider
of communications services to which subscribers are denied access
pursuant to paragraph (1) of this subsection may bring an action
for a declaratory judgment or similar action in a court. Any such
action shall be limited to the question of whether the
communications which the provider seeks to provide fall within the
category of communications to which the carrier will provide access
only to subscribers who have previously requested such access.