Communications Decency Amendment
FULL TEXT OF FINAL LANGUAGE PASSED BY THE U.S. SENATE ON JUNE 14, 1995
The text of the Communications Decency Amendment, sponsored by Sen. Jim
Exon (D-Nebraska).
This language was passed by the US Senate on June 14th.
This strikes all of Title IV of S. 652 and replaces it with the following:
Sec.___ OBSCENE OR HARASSING USE OF TELECOMMUNICATIONS FACILITIES UNDER
THE COMMUNICATIONS ACT OF 1934
Section 223 (47 U.S.C. 223) is amended --
(1) by striking subsection (a) and inserting in lieu thereof:
``(a) Whoever--
``(1) in the District of Columbia or in interstate or foreign communications
``(A) by means of telecommunications device knowingly--
``(i) makes, creates, or solicits, and
``(ii) initiates the transmission of, any comment, request,
suggestion, proposal, image, or other communication
which is obscene, lewd, lascivious, filthy, or indecent,
with intent to annoy, abuse, threaten, or harass
another person;
``(B) makes a telephone call or utilizes a telecommunications
device, whether or not conversation or communication ensues,
without disclosing his identity and 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 or repeatedly initiates
communication with a telecommunications device, during
which conversation or communication ensues, solely to
harass any person at the called number or who receives
the communication; or
``(2) knowingly permits any telecommunications facility under
his control to be used for any activity prohibited by
paragraph (1) with the intent that it be used for such
activity, shall be fined not more than $100,000 or
imprisoned not more than two years, or both.''; and
(2) by adding at the end the following new subsections:
``(d) Whoever--
``(1) knowingly within the United States or in foreign
communications with the United States by means of
telecommunications device makes or makes available any
obscene communication in any form including any comment,
request, suggestion, proposal, image, regardless of
whether the maker of such communication placed the call
or initiated the communications; or
``(2) knowingly permits any telecommunications facility under
such person's control to be used for an activity prohibited
by subsection (d)(1) with the intent that it be used for
such activity; shall be fined not more than $100,000 or
imprisoned not more than two years or both.
``(e) Whoever--
``(1) knowingly within the United States or in foreign
communications with the United States by means of
telecommunications device makes or makes available any
indecent comment, request, suggestion, proposal, image to
any person under 18 years of age regardless of whether the
maker of such communication placed the call or initiated
the communication; or
``(2) knowingly permits any telecommunications facility under
such person's control to be used for an activity prohibited
by paragraph (1) with the intent that it be used for such
activity, shall be fined not more than $100,000 or imprisoned
not more than two years or both.
``(f) Defenses to the subsections (a), (d), and (e),
restrictions on access, judicial remedies respecting
restrictions for persons providing information services
and access to information services--
(1) No person shall be held to have violated subsections (a),
(d), or (e) solely for providing access or connection to or
from a facility, system, or network over which that person
has no control, including related capabilities which are
incidental to providing access or connection. This
subsection shall not be applicatable to an individual
controlled by, or a conspirator with, an entity
actively involved in the creation, editing or knowing
distribution of communications which violate this section.
(2) No employer shall be held liable under this section for
the actions of an employee or agent unless the employee's or
agent's conduct is within the scope of his employment or
agency and the employer has knowledge of, authorizes, or
ratifies the employee's or agent's conduct.
(3) It is a defense to prosecution under subsection (a), (d)(2),
or (e) that a person has taken reasonable, effective and
appropriate actions in good faith to restrict or prevent the
transmission of or access to a communication specified in such
subsections, or complied with procedures as the Commission may
prescribe in furtherance of this section. Until such
regulations become effective, it is a defense to prosecution
that the person has complied with the procedures prescribed by
regulation pursuant to subsection (b)(3). Nothing in this
subsection shall be construed to treat enhanced information
services as common carriage.
(4) No cause of action may be brought in any court or any
administrative agency against any person on account of any
action which is not in violation of any law punishable by
criminal penalty, which activity the person has taken in good
faith to implement a defense authorized under this section or
otherwise to restrict or prevent the transmission of, or access
to, a communication specified in this section.
(g) no state or local government may impose any liability for
commercial activities or actions by commercial entities in
connection with an activity or action which constitutes a
violation described in subsection (a)(2), (d)(2), or (e)(2)
that is inconsistent with the treatment of those activities
or actions under this section provided, however, that nothing
herein shall preclude any State or local government from enacting
and enforcing complementary oversight, liability, and regulatory
systems, procedures, and requirements so long as such systems,
procedures, and requirements govern only intrastate services and
do not result in the imposition of inconsistent rights, duties or
obligations on the provision of interstate services. Nothing in
this subsection shall preclude any State or local government from
governing conduct not covered by this section.
(h) Nothing in subsection (a), (d), (e), or (f) or in the
defenses to prosecution under (a), (d), or (e) shall be construed
to affect or limit the application or enforcement of any other
Federal law.
(i) The use of the term 'telecommunications device' in this
section shall not impose new obligations on (one-way) broadcast
radio or (one-way) broadcast television operators licensed by the
Commission or (one-way) cable services registered with the Federal
Communications Commission and covered by obscenity and indecency
provisions elsewhere in this Act.
(j) Within two years from the date of enactment and every two
years thereafter, the Commission shall report on the effectiveness
of this section.
Sec. ____ OBSCENE PROGRAMMING ON CABLE TELEVISION.
Section 639 (47 U.S.C> 559) is amended by striking "10,000" and
inserting "$100,000"
Sec. ___ BROADCASTING OBSCENE LANGUAGE ON THE RADIO.
Section 1466 of Title 18, United States Code, is amended by
striking out "$10,00" and inserting "$100,000".
Sec. ___ SEPARABILITY
"(a) If any provision of this Title, including amendments to this
Title or the application thereof to any person or circumstance is held
invalid, the remainder of this Title and the application of such provision
to other persons or circumstances shall not be affected thereby."
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