Page:United States Statutes at Large Volume 112 Part 4.djvu/765

 PUBLIC LAW 105-277—OCT. 21, 1998 112 STAT. 2681-736 TITLE XIV—CHILD ONLINE PROTECTION Child Online Protection Act. SEC. 1401. SHORT TITLE. '^'^ ^^^ ^^^ TMt«- This title may be cited as the "Child Online Protection Act". SEC. 1402. CONGRESSIONAL FINDINGS. 47 USC 231 note. The Congress finds that— (1) while custody, care, and nurture of the child resides first with the parent, the widespread availability of the Internet presents opportunities for minors to access materials through the World Wide Web in a manner that can frustrate parental supervision or control; (2) the protection of the physical and psychological wellbeing of minors by shielding them from materials that are harmful to them is a compelling governmental interest; (3) to date, while the industry has developed innovative ways to help parents and educators restrict material that is harmful to minors through parental control protections and self-regulation, such efforts have not provided a national solution to the problem of minors accessing harmful material on the World Wide Web; (4) a prohibition on the distribution of material harmful to minors, combined with legitimate defenses, is currently the most effective and least restrictive means by which to satisfy the compelling government interest; and (5) notwithstanding the existence of protections that limit the distribution over the World Wide Web of material that is harmful to minors, parents, educators, and industry must continue efforts to find ways to protect children from being exposed to harmful material found on the Internet. SEC. 1403. REQUIREMENT TO RESTRICT ACCESS BY MINORS TO MATE- RIALS COMMERCIALLY DISTRIBUTED BY MEANS OF THE WORLD WIDE WEB THAT ARE HARMFUL TO MINORS. Part I of title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by adding at the end the following new section: "SEC. 231. RESTRICTION OF ACCESS BY MINORS TO MATERIALS 47 USC 231. COMMERCIALLY DISTRIBUTED BY MEANS OF WORLD WIDE WEB THAT ARE HARMFUL TO MINORS. "(a) REQUIREMENT To RESTRICT ACCESS.— "(1) PROHIBITED CONDUCT.—W hoever knowingly and with knowledge of the character of the material, in interstate or foreign commerce by means of the World Wide Web, makes any communication for commercial purposes that is available to any minor and that includes any material that is harmful to minors shall be fined not more than $50,000, imprisoned not more than 6 months, or both. "(2) INTENTIONAL VIOLATIONS. — In addition to the penalties under paragraph (1), whoever intentionally violates such para- .• graph shall be subject to a fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation. "(3) CIVIL PENALTY.—In addition to the penalties under paragraphs (1) and (2), whoever violates paragraph (1) shall be subject to a civil penalty of not more than $50,000 for

�