Page:United States Statutes at Large Volume 114 Part 5.djvu/376

 114 STAT. 2763A-336 PUBLIC LAW 106-554—APPENDIX D SEC. 1702. DISCLAIMERS. (a) DISCLAIMER REGARDING CONTENT.— Nothing in this title or the amendments made by this title shall be construed to prohibit a local educational agency, elementary or secondary school, or library from blocking access on the Internet on computers owned or operated by that agency, school, or library to amy content other than content covered by this title or the amendments made by this title. (b) DISCLAIMER REGARDING PRIVACY.—Nothing in this title or the amendments made by this title shall be construed to require the tracking of Internet use by any identifiable minor or adult user. SEC. 1703. STUDY OF TECHNOLOGY PROTECTION MEASURES. (a) IN GENERAL. —Not later than 18 months after the date of the enactment of this Act, the National Telecommunications and Information Administration shall initiate a notice and comment proceeding for purposes of— (1) evaluating whether or not currently available technology protection measures, including commercial Internet blocking and filtering software, adequately addresses the needs of educational institutions; (2) making recommendations on how to foster the development of measures that meet such needs; and (3) evaluating the development and effectiveness of local Internet safety policies that are currently in operation after community input. (b) DEFINITIONS.—In this section: (1) TECHNOLOGY PROTECTION MEASURE.—The term "technology protection measure" means a specific technology that blocks or filters Internet access to visual depictions that are— (A) obscene, as that term is defined in section 1460 of title 18, United States Code; (B) child pornography, as that term is defined in section 2256 of title 18, United States Code; or (C) harmful to minors. (2) HARMFUL TO MINORS. —The term "harmful to minors" means any picture, image, graphic image file, or other visual depiction that— (A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; (B) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and (C) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors. (3) SEXUAL ACT; SEXUAL CONTACT.—The terms "sexual act" and "sexual contact" have the meanings given such terms in section 2246 of title 18, United States Code.

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