FILE s892.is
104th CONGRESS
1st Session
 
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
 
                               A BILL
 
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.'.