To amend the Communications Act of 1934 in order to provide parents with
greater control of their children's access to online material.
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 "Online Parental Control Act of 1996."
SEC. 2. SUBSTITUTION OF HARMFUL TO MINORS FOR INDECENCY STANDARD
(a) DIRECT COMMUNICATIONS. ---Section 223(a)(1)(B) is amended by
striking "indecent" and inserting "harmful to minors".
(b) INDIRECT COMMUNICATIONS. --- Section 223(d)(1) of such Act is
amended to read as follows:
"(1) in interstate of foreign communications knowingly---
"(A) uses an interactive computer service to send
to a specific person or persons under 18 years of age, or
"(B) uses any interactive computer service to
display in a manner available to a person under 18 years of age,
any comment, request, suggestion, proposal, image, or other
communication that is harmful to minors, regardless of whether the user of
such service placed the call or initiated the communication; or"
(c) DEFINITION OF HARMFUL TO MINORS---- Section 223(h) of such Act
is amended by adding at the end the following new paragraph:
"(6) HARMFUL TO MINORS.---- The term 'harmful to minors'
mean sexually explicit matter which meets all of the following criteria:
"(A) Considered as a whole, the matter appeals to the
prurient interest of minors.
"(B) The matter is patently offensive as determined by
contemporary local community standards in terms of what is suitable for minors.
"(C) Considered as a whole, the matter lacks serious
literary, artistic, political, educational, or scientific value for minors."
SEC. 3. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF MATERIAL.
(a) PROTECTION FROM FEDERAL COMMUNICATIONS INDECENCY LAW. - Section
223(e)(5) of the Communications Act of 1934 (47 U.S.C. 223(e)(5)) is amended
(1) by striking "or" at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting a semicolon;
(3) by adding at the end thereof the following new
subparagraphs:
"(C) has, in good faith -
"(i) labeled such communications as inappropriate
for minors,
"(ii) placed such communications in a segregated
access site identified as inappropriate for minors, or "
"(iii) otherwise established a mechanism, and that
labeling, segregation, or other mechanism enables such communications to be
automatically blocked or screened by software or other capabilities
reasonably available to responsible adults wishing to effect such blocking
or screening, and has not otherwise solicited minors not subject to such
screening or blocking capabilities to access the communications or to
circumvent any such screening or blocking, or
"(D) has in good faith, installed or provided some other
device, system, or method that serves the function of allowing adults to
prevent access to such communications by minors and that is as reasonable,
effective, and appropriate as a method described in subparagraph (A), (B),
or (C) in preventing such access."
(b) PROTECTION FROM STATE LAW. - Section 230(c) of the
Communications Act of 1934 (47 U.S.C. 230 (c)) is amended by adding at the
end thereof the following new paragraph:
"(3) PROTECTION FOR MAKING AVAILABLE PARENTAL CONTROL TECHNOLOGY. -
No provider or user of an interactive computer service, information content
provider, or access software provider shall be held civilly or criminally
liable for making available to a minor a communication that is indecent or
harmful to minors if such provider or user has taken an action that
qualifies as a defense under subparagraph (A), (B), (C), or (D) of section
223(d).".