Notes on 47 U.S.C. § 231 : US Code - Notes

Search Notes on 47 U.S.C. § 231 : US Code - Notes

(June 19, 1934, ch. 652, title II, Sec. 231, as added Pub. L. 105-
277, div. C, title XIV, Sec. 1403, Oct. 21, 1998, 112 Stat. 2681-
736.)
EFFECTIVE DATE
Section effective 30 days after Oct. 21, 1998, see section 1406
of Pub. L. 105-277, set out as a note under section 223 of this
title.
CONGRESSIONAL FINDINGS
Pub. L. 105-277, div. C, title XIV, Sec. 1402, Oct. 21, 1998, 112
Stat. 2681-736, provided that: "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 well-
being 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."
STUDY BY COMMISSION ON ONLINE CHILD PROTECTION
Pub. L. 105-277, div. C, title XIV, Sec. 1405, Oct. 21, 1998, 112
Stat. 2681-739, as amended by Pub. L. 106-113, div. B, Sec.
1000(a)(9) [title V, Sec. 5001(b)-(f), Nov. 29, 1999, 113 Stat.
1536, 1501A-591, 1501-592; Pub. L. 106-229, title IV, Sec. 401,
June 30, 2000, 114 Stat. 476, provided that:
"(a) Establishment. - There is hereby established a temporary
Commission to be known as the Commission on Online Child Protection
(in this section referred to as the 'Commission') for the purpose
of conducting a study under this section regarding methods to help
reduce access by minors to material that is harmful to minors on
the Internet.
"(b) Membership. - The Commission shall be composed of 19
members, as follows:
"(1) Industry members. - The Commission shall include 16
members who shall consist of representatives of -
"(A) providers of Internet filtering or blocking services or
software;
"(B) Internet access services;
"(C) labeling or ratings services;
"(D) Internet portal or search services;
"(E) domain name registration services;
"(F) academic experts; and
"(G) providers that make content available over the Internet.
Of the members of the Commission by reason of this paragraph, an
equal number shall be appointed by the Speaker of the House of
Representatives and by the Majority Leader of the Senate. Members
of the Commission appointed on or before October 31, 1999, shall
remain members.
"(2) Ex officio members. - The Commission shall include the
following officials:
"(A) The Assistant Secretary (or the Assistant Secretary's
designee).
"(B) The Attorney General (or the Attorney General's
designee).
"(C) The Chairman of the Federal Trade Commission (or the
Chairman's designee).
"(3) Prohibition of pay. - Members of the Commission shall not
receive any pay by reason of their membership on the Commission.
"(c) First Meeting. - The Commission shall hold its first meeting
not later than March 31, 2000.
"(d) Chairperson. - The chairperson of the Commission shall be
elected by a vote of a majority of the members, which shall take
place not later than 30 days after the first meeting of the
Commission.
"(e) Study. -
"(1) In general. - The Commission shall conduct a study to
identify technological or other methods that -
"(A) will help reduce access by minors to material that is
harmful to minors on the Internet; and
"(B) may meet the requirements for use as affirmative
defenses for purposes of section 231(c) of the Communications
Act of 1934 [47 U.S.C. 231(c)] (as added by this title).
"Any methods so identified shall be used as the basis for
making legislative recommendations to the Congress under
subsection (d)(3).
"(2) Specific methods. - In carrying out the study, the
Commission shall identify and analyze various technological tools
and methods for protecting minors from material that is harmful
to minors, which shall include (without limitation) -
"(A) a common resource for parents to use to help protect
minors (such as a 'one-click-away' resource);
"(B) filtering or blocking software or services;
"(C) labeling or rating systems;
"(D) age verification systems;
"(E) the establishment of a domain name for posting of any
material that is harmful to minors; and
"(F) any other existing or proposed technologies or methods
for reducing access by minors to such material.
"(3) Analysis. - In analyzing technologies and other methods
identified pursuant to paragraph (2), the Commission shall
examine -
"(A) the cost of such technologies and methods;
"(B) the effects of such technologies and methods on law
enforcement entities;
"(C) the effects of such technologies and methods on privacy;
"(D) the extent to which material that is harmful to minors
is globally distributed and the effect of such technologies and
methods on such distribution;
"(E) the accessibility of such technologies and methods to
parents; and
"(F) such other factors and issues as the Commission
considers relevant and appropriate.
"(f) Report. - Not later than 2 years after the enactment of this
Act [Oct. 21, 1998], the Commission shall submit a report to the
Congress containing the results of the study under this section,
which shall include -
"(1) a description of the technologies and methods identified
by the study and the results of the analysis of each such
technology and method;
"(2) the conclusions and recommendations of the Commission
regarding each such technology or method;
"(3) recommendations for legislative or administrative actions
to implement the conclusions of the committee; and
"(4) a description of the technologies or methods identified by
the study that may meet the requirements for use as affirmative
defenses for purposes of section 231(c) of the Communications Act
of 1934 [47 U.S.C. 231(c)] (as added by this title).
"(g) Rules of the Commission. -
"(1) Quorum. - Nine members of the Commission shall constitute
a quorum for conducting the business of the Commission.
"(2) Meetings. - Any meetings held by the Commission shall be
duly noticed at least 14 days in advance and shall be open to the
public.
"(3) Opportunities to testify. - The Commission shall provide
opportunities for representatives of the general public to
testify.
"(4) Additional rules. - The Commission may adopt other rules
as necessary to carry out this section.
"(h) Gifts, Bequests, and Devises. - The Commission may accept,
use, and dispose of gifts, bequests, or devises of services or
property, both real (including the use of office space) and
personal, for the purpose of aiding or facilitating the work of the
Commission. Gifts or grants not used at the termination of the
Commission shall be returned to the donor or grantee.
"(l)[i] Termination. - The Commission shall terminate 30 days
after the submission of the report under subsection (d) or November
30, 2000, whichever occurs earlier.
"(m)[j] Inapplicability of Federal Advisory Committee Act. - The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
the Commission."
(!1) So in original. Probably should be "section,".