18 April 2002: Add text of bill. 17 April 2002. Thanks to B. Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html ----------------------------------------------------------------------- [Congressional Record: April 16, 2002 (Senate)] [Page S2723-S2730] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] [DOCID:cr16ap02-161] STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS [Excerpt] By Ms. LANDRIEU: S. 2137. A bill to facilitate the protection of minors using the Internet from [[Page S2729]] material that is harmful to minors, and for other purposes; to the Committee on Commerce, Science, and Transportation. Ms. LANDRIEU. Mr. President, today I want to introduce a very important piece of legislation, the Family Privacy Protection Act. Let me just take a few minutes to explain this bill to my colleagues. In this age of high-technology, we are blessed with many things that our ancestors did not have. Cell phones and e-mail allow us to communicate quickly. Advances in medical science are allowing our citizens to live much longer and healthier lives. And advances in computers and other equipment help make workers and businesses many times more productive. However, technology is a double-edged sword. Sometimes the bad comes with the good. This fact hit home in the most tragic way when it was learned that the September 11 hijackers had communicated through e-mail and cell phones. As frightening as this is, it is not the only example of the problems associated with advances in technology. There are day-to-day issues that must be resolved. For instance, technology has exposed our citizens to breaches of privacy that could never have taken place before the days of the Internet and other advances. Former Chief Justice Earl Warren once said, ``The fantastic advances in the field of communication constitute a grave danger to the privacy of the individual.'' If Chief Justice Warren were alive today to offer his remarks, he might substitute the word ``technology'' for ``communication.'' Let me give one example of an incident which highlights this fact. In the early 1990's, a shocking thing happened to a family in Monroe, Louisiana. Monroe is a relatively small city, at least by the standards of most parts of the country, but it is the largest city in the northeastern section of my state. I want to talk about a family who lives in Monroe, the Wilsons. Susan Wilson was just an average woman with an average family. Unfortunately, something terrible happened, which tore apart the quiet life of this family. A family friend, a former deacon at the Wilson's church, did something despicable. While the Wilson's weren't home, this man broke into their house and planted a video camera in their bathroom. The Wilson's eventually learned that, for almost 2 years, video cameras had been filming everything in their bathroom. This man filmed all of their private moments for the past years for his own sick and twisted purposes. But even then, the family's nightmare wasn't over. You see, under Louisiana state law, and the law of most States, there was no crime under which this man could be charged for filming the family without their consent. Although he was eventually charged with unauthorized entry, there was no way to punish this man for the more serious crime he committed. The State legislature remedied this in 1999, passing a law making video voyeurism a crime. This was thanks in large part to Susan Wilson, who spoke with the media, testified before committees--in short, give up her privacy and put her life on public display, doing everything she had to do to call attention to this problem. In short, she has sacrificed so that women such as herself will not have to experience the pain of watching the individuals who devastated their lives walk away virtually untouched by the law. And she continues to make this sacrifice to this day. There was even a recent movie detailing Susan's story, some of my colleagues may have seen it. It aired February 6 on Lifetime, starring Angie Harmon. It was a very compelling, though obviously disturbing, film, and if my colleagues have not seen it I would urge them to do so. Since the law was passed in Louisiana, several individuals have been prosecuted under it. Let me just give a couple of examples. Two years ago, a New Orleans man was arrested under the law after a video camera was found in his neighbor's air conditioning vent. In nearby Marrero just a couple of months before, a man was arrested for allegedly pointing a video camera in someone's window. And just before that, a man was arrested under the video voyeurism law and charged with videotaping a woman during intercourse and then trying to sell the tape. And, just over a month ago in Lafayette, LA, a man was charged for undressing a sleeping woman and videotaping her in his apartment. This law has also be used in conjunction with laws already on the books, to give police another tool with which to charge offenders. For instance, last year in Slidell, LA, a man was charged with seven counts of video voyeurism in addition to various pornography-related charges. And in Leesville, LA, a year ago, three people, including a Sheriff's deputy, were arrested and charged with video voyeurism and juvenile pornography. Louisiana is not the only State to pass this law, or to charge offenders with violating it. A principal in Arkansas was charged with the crime, although the charges were later dropped. And in Milwaukee, a man was arrested late last year and charged with videotaping guests in his house while they showered and undressed. These are terrible crimes; they are a violation of privacy, and more. They strike at the very heart of one of our most cherished personal freedoms, the right to live our lives free of the fear of people watching us perform the most regular of tasks, bathing, getting dressed, or sleeping. In the past, someone who looked in another person's window at night was called a ``Peeping Tom.'' We are not dealing with people looking in windows anymore, we are dealing with technologies like video cameras small enough to fit in an air conditioning vent. In the past, that person looking in the window could be caught by police and charged with a crime. Unfortunately, for the person who plants the camera in the air conditioning duct, as things stand now, except for a few states that have passed this type of legislation, that person can at best only be charged with a crime like unlawful entry. This brings me to the first provision of the legislation that I am introducing today. I met with Susan last year, and promised her I would introduce Federal legislation addressing this crime. Currently, only five states have laws dealing with video voyeurism. This is one of the reasons I am here today to introduce my legislation, the Family Privacy Protection Act. This measure contains several important provisions, but the first one I want to focus on today is the video voyeurism section. This bill will make it a Federal crime to film someone in these circumstances without their consent. The bill provides exceptions for legitimate purposes such as police investigations and security; but the bottom line is that this legislation would hold these individuals responsible for their actions. Actress Judy Garland, speaking of her lack of privacy, once said, ``I've never looked through a keyhole without finding someone was looking back.'' How frightening it would be for all of our citizens to feel this way; that they are not safe from prying eyes in their own home. The video voyeurism component, while important, is only one part of this bill. This bill also contains a provision to protect children from Internet websites with pornographic material. A recent study showed that 31 percent of children aged 10-17 who used the Internet have accidentally come across a pornographic website. That includes 75 percent ages 15-17. One of the problems is that companies and individuals who have websites make money from ``hits'' by Internet users. It doesn't matter whether someone intentionally visits a website or does so on accident, it still counts as a ``hit''. So some of these companies that set up pornographic websites specifically choose names that will cause people to accidentally find them. Let me give a quick example. As I'm sure all of my colleagues know, the web address for the White House is www.whitehouse.gov. But if you make a mistake--and it's not a difficult mistake, I know many people who have made it, and type a slightly different address, www.whitehouse.com, you will access a different site altogether, a pornographic website. While I'm sure these companies are not targeting children specifically, they inevitably come across these inappropriate sites. I have already mentioned some statistics on how many children have accidentally visited inappropriate [[Page S2730]] websites. I just want to share a few examples. An 11-year-old boy was searching for game sites, typed in ``fun.com'', and a pornographic site came up. A 15-year-old boy was looking for info on cars, did a search for ``escort'', and an escort service site came up. And, in one of the most disturbing examples that I came across, in one instance a 15-year-old boy was doing a report on wolves, and found a site on bestiality. I just want my colleagues to imagine for a moment this happening to their son or daughter. I think we can all agree that this is something that we need to be concerned about. The American people are certainly concerned about it. In the same Kaiser study, 84 percent of the American people worry about the availability of pornography online, and 61 percent say the government should regulate it. Sixty-one percent. And I am certain that number is much higher among parents. That is why I believe this legislation is so important. I understand that these websites are protected by the First Amendment. This bill does not intrude upon these sites' right to free speech. Instead, it would set up a whole new domain name for pornographic material. A domain name, as my colleagues know, is the three letters at the end of the web address. Dot-com, dot-gov, dot-org, dot-net--these are all domain names. My legislation would instruct the Internet Corporation for Assigned Names and Numbers to set up a new domain name for pornographic websites. The owners of these sites would have 12 months to move their sites to the new domain. This is a very simple yet effective method of protecting our children from these sites. A new domain would make ``filter'' programs, which screen out these pornographic sites, much more effective. It would eliminate mistakes like the whitehouse dot-gov, dot-com, problem that I mentioned earlier. And, I firmly believe this bill passes First Amendment tests for freedom of speech. I understand that some people will not agree with me, saying that this bill does not go far enough and that this type of material should be banned altogether. But the First Amendment to the Constitution protects even material of this kind, whether or not we may agree with it. My bill would not infringe on the right of free speech, but would simply restrict where this type of speech could be presented on the Internet. As one of my constituents from Louisiana said, ``We need to put it where the people who want to see it can get to it, and the ones who don't want to see it don't have to.'' That is all this provision does. Finally, a similar provision in the bill provides protection for children from pornographic e-mails. This language is very similar to a bill that was introduced in the House of Representatives by Congresswoman Zoe Lofgren of California. I wanted to take a second to acknowledge Congresswoman Lofgren for her efforts, and I hope to work with her on this initiative. In short, the bill would require that e-mail advertisements be clearly labeled as containing sexually oriented material. We are all familiar with receive e-mails with subjects that say ``Lose weight now'' or ``You have won!'' that in reality contain pornographic material. Many of us simply delete these e-mails without look at them, knowing them to be deceptive or junk. However, it is easy to be fooled. I have received letters from several constituents who were offended, and rightly so, after opening falsely labeled e-mails. As you can imagine, children are particularly vulnerable to this type of deceptive e-mail. In a study done for Congress by the Crimes Against Children Research Center, 25 percent of children studied were exposed to unwanted sexual pictures in the previous year. Of these exposures, 28 percent occurred by opening or clicking on an e-mail. There is one case that upsets me in particular. A 12-year-old girl, a little girl who collects Beanie Babies, received an e-mail with a subject line saying ``Free Beanie Babies.'' As you can imagine, this excited little girl quickly opened the e-mail, only to be confronted with pictures of naked people. Again, I'd like my colleagues to stop for a moment and imagine that this was their child. Let me just conclude with a few more facts. The Kaiser study also looked at the consequence on these children from encountering these pornographic websites and e-mails. Fifty-seven percent of those age 15- 17 who were studied believed that exposure to online pornography could have a serious impact on those under 18. And 76 percent of children surveyed by Kaiser said that pornography that kids can see is a ``big problem.'' I just want to add that I am hopeful that, in the future, we can take even stronger steps to address the problem of pornographic e-mails. However, at the moment, this bill will at least ensure that Internet users, particularly children, know that an e-mail contains sexually oriented material before opening it. I hope that my colleagues will join me in support of this important legislation. It is intended to protect our most vulnerable citizens, our children, while protecting the right of individuals to free speech. I believe this is something that we can all support. ____________________ ----------------------------------------------------------------------- [DOCID: f:s2137is.txt] 107th CONGRESS 2d Session S. 2137 To facilitate the protection of minors using the Internet from material that is harmful to minors, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES April 16, 2002 Ms. Landrieu introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To facilitate the protection of minors using the Internet from material that is harmful to minors, and for other purposes. 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 ``Family Privacy and Security Act of 2002''. TITLE I--INTERNET DOMAIN FOR MATERIAL HARMFUL TO MINORS SEC. 101. ESTABLISHMENT OF TOP-LEVEL INTERNET DOMAIN NAME. (a) NTIA Action.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the National Telecommunications and Information Administration, shall-- (1) pursuant to the authority under section II.B. of the Memorandum of Understanding Between the U.S. Department of Commerce and the Internet Corporation for Assigned Names and Numbers, entered into on November 25, 1998, regarding oversight of the policy for determining the circumstances under which new top-level Internet domains are added to the root system, jointly with ICANN, develop a plan in accordance with section 102 for ICANN to establish a new domain meeting the requirements in subsection (b) of this section; (2) upon completion of the plan, make the plan publicly available; and (3) enter into any memorandums of understanding, agreements, and contracts with ICANN, and any amendments to existing such memorandums, agreements, and contracts, as may be necessary to provide for ICANN to carry out the plan. (b) Requirements for New Domain.--The new domain shall be subject to the following requirements: (1) Top-level, international domain.--The new domain shall be established as a top-level, International domain having a domain name appropriate for its purpose. (2) Operator of domain.--The entity selected pursuant to section 102 to establish, operate, and maintain the new domain shall-- (A) establish, operate, and maintain the new domain in accordance with this subsection; and (B) provide for the creation of an independent board, with diverse membership, which shall be responsible for-- (i) establishing written criteria for accepting registrants for the new domain and for any limitations applicable to the new domain; and (ii) ensuring that subscription rates or fees for obtaining a name for the new domain are as minimal as possible. (3) Other requirements.--The plan developed under section 102 may include such other requirements with respect to the new domain as the National Telecommunications and Information Administration and ICANN jointly consider appropriate. SEC. 102. SELECTION OF OPERATOR OF NEW DOMAIN. (a) Application Process.--The plan under this section shall establish a process for soliciting applications for the establishment of the new domain, which process shall-- (1) commence and complete not later than 60 days after the expiration of the 30-day period referred to in section 101(a); (2) provide adequate notice to prospective applicants of-- (A) the opportunity to submit an application; and (B) the criteria for selection under subsection (b)(1); (3) include a fee for filing an application that does not exceed the minimum amount reasonably estimated by ICANN to be necessary to recover its expenses under section 101 and this section; and (4) provide for reimbursement to applicants of any amounts collected in filing fees that exceed the actual amount of expenses of ICANN under section 101 and this section. (b) Selection Process.--The plan under this section shall establish a process for selection, from applications submitted pursuant to subsection (a), of an application for the establishment of the new domain meeting the requirements under section 101(b). Such selection process shall comply with the following requirements: (1) Criteria.--The selection shall be made pursuant to written, objective criteria designed to ensure that-- (A) the new domain is established, operated, and maintained in accordance with the requirements under section 101(b); and (B) the entity selected to establish, operate, and maintain the new domain is the applicant most capable and qualified to do so. (2) Initial review.--Not later than 60 days after the completion of the application period under subsection (a)(1), ICANN shall-- (A) review and apply the selection criteria established under paragraph (1) to each application submitted; and (B) based upon such criteria, select an application and award to the applicant a contract for the establishment, operation, and maintenance of the new domain, unless ICANN determines that no applicant could minimally provide for the establishment, operation, and maintenance of the new domain in accordance with the requirements under section 101(b). (3) Second application period.--If no applicant is selected pursuant to paragraph (2), not later than 30 days after the expiration of the 60-day period under paragraph (2), ICANN shall commence another application and selection process that complies with the requirements under subsection (a) and this subsection. (4) Report.--If the second application and selection process under paragraph (3) does not result in the award of a contract for the establishment, operation, and maintenance of the new domain, not later than 30 days after the conclusion of the 60-day period under paragraph (3), ICANN shall-- (A) notify the Secretary of Commerce in writing of the failure to award a contract under paragraph (3); and (B) submit to the Secretary a report describing the application and selection process and setting forth the reasons for the failure to award the contract. (c) Full Operation.--The plan under this section shall provide for ICANN to take all actions necessary to facilitate the full operation of the new domain within six months after the award of the contract for the establishment, operation, and maintenance of the new domain. (d) Annual Oversight.--The plan under this section shall provide that ICANN shall, on an annual basis, review the actions of the entity selected to establish, operate, and maintain the new domain to ensure that such entity is complying with the requirements under section 101(b). SEC. 103. USE OF NEW DOMAIN. Commencing not later than 12 months after the establishment of the new domain under section 102, any operator of a commercial Internet web site or online service that has as its principal or primary business the making available of material that is harmful to minors shall register such web site or online service with the new domain and operate such web site or online service under the new domain. SEC. 104. LIABILITY PROTECTIONS. (a) Treatment of Publisher or Speaker.--No person or entity that operates or maintains the new domain shall be treated as the publisher or speaker of any information or material provided by another registrant under the domain. (b) Civil Liability.--No person or entity that operates or maintains the new domain shall be held liable because of-- (1) any action voluntarily taken in good faith to restrict to minors access through the new domain to, or availability through the new domain of, material that is harmful to minors; or (2) any action taken to enable or make available to registrants to the new domain or others the technical means to restrict access by minors to material described in paragraph (1). SEC. 105. ENFORCEMENT. (a) Violation.--Any person who violates section 103, or any requirement, registration criteria, or limitation applicable to a registrant to the new domain under section 101(b), shall be subject to such civil penalties as the Secretary of Commerce shall prescribe for purposes of this title. (b) Enforcement.--The Secretary shall have the power to enforce the provisions of this title, including any requirements or limitations applicable to a registrant to the new domain under section 101(b) and the imposition and collection of civil penalties under subsection (a). (c) Periodic Audits.--The Secretary shall conduct periodic audits to ensure compliance with requirements, registration criteria, and limitations applicable to the new domain under this title. SEC. 106. OUTREACH. (a) In General.--The Secretary of Commerce, acting through the National Telecommunications and Information Administration, shall carry out a program to publicize the availability of the new domain under this title. (b) Commencement.--The program under subsection (a) shall commence not later than 30 days after the date that the new domain first becomes operational and accessible by the public. SEC. 107. DEFINITIONS. In this title: (1) ICANN.--The term ``ICANN'' means the Internet Corporation for Assigned Names and Numbers. (2) Material that is harmful to minors.--The term ``material that is harmful to minors'' means any communication, picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene, or that a reasonable person would find-- (A) taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest; (B) depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and (C) taking the material as a whole, lacks serious literary, artistic, political, or scientific value for minors. (3) Minor.--The term ``minor'' means any person under 17 years of age. (4) New domain.--The term ``new domain'' means the Internet domain established pursuant to this title. TITLE II--OTHER MATTERS SEC. 201. PROHIBITION ON E-MAIL OF SEXUALLY ORIENTED ADVERTISEMENTS TO MINORS WITHOUT PRESCRIBED MARKS OR NOTICE. (a) In General.--Chapter 71 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 1471. E-mail of sexually oriented advertisements to minors ``(a) Prescription of Marks or Notices.-- ``(1) In general.--Not later than 120 days after the date of the enactment of this section, the National Institute of Standards and Technology shall prescribe marks or notices to be included in or affixed to the subject line of any e-mail that contains a sexually oriented advertisement sent to minors. ``(2) Specific requirement.--Marks or notices prescribed under paragraph (1) shall, to the extent possible, be made so that they may not be removed or altered. ``(b) Sending E-Mail Without Mark or Notice.--Whoever in the business of selling sexually oriented products or materials knowingly sends, through an instrumentality in or affecting interstate or foreign commerce, an e-mail that includes a sexually oriented advertisement but does not include a mark or notice prescribed under subsection (a) shall be fined under this title, imprisoned not more than one year, or both. ``(c) Production of Mail Matter Intended for E-Mail to Minors Without Mark or Notice.--Whoever produces, reproduces, or manufactures any sexually related mail matter, intending or knowing that such mail matter will be sent to a minor in an e-mail in violation of subsection (b)-- ``(1), shall be fined under this title, imprisoned not more than 5 years, or both, in the case of an offense which does not occur after another offense under this subsection; and ``(2) shall be fined under this title, imprisoned not more than 10 years, or both, in the case of an offense which occurs after another offense under this subsection. ``(d) Definitions.--In this section: ``(1) Minor.--The term `minor' means any individual who has not yet attained the age of 18 years. ``(2) Sexually oriented advertisement.--The term `sexually oriented advertisement' means any advertisement that depicts, in actual or simulated form, or explicitly describes, in a predominantly sexual context, human genitalia, any act of natural or unnatural sexual intercourse, any act of sadism or masochism, or any other erotic subject directly related to the foregoing, except that material otherwise within the definition of this paragraph shall be deemed not to constitute a sexually oriented advertisement if such material constitutes only a small and insignificant part of the whole, the remainder of which is not primarily devoted to sexual matters. ``(3) Sexually related mail matter.--The term `sexually related mail matter' means any mail matter containing a sexually oriented advertisement.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 71 of title 18, United States Code, is amended by adding at the end the following new item: ``1471. E-mail of sexually oriented advertisements to minors.''. SEC. 202. PROHIBITION ON VIDEO VOYEURISM. (a) In General.--Chapter 71 of title 18, United States Code, as amended by section 201 of this Act, is further amended by adding at the end the following new section: ``Sec. 1472. Video voyeurism ``(a) In General.--Whoever-- ``(1) uses a camera, videotape, photo-optical, photo- electric, or other image recording device that has been transported, shipped, or received in interstate or foreign commerce to observe, view, photograph, film, or videotape for a lewd or lascivious purpose an image of another person involving actual or simulated vaginal, anal, oral, or manual sexual intercourse, masturbation, any unclothed portion of the female breast below the top of the areola, or any unclothed portion of the anus, vulva, or genitals, without the consent of such other person to such observation, viewing, photographing, filming, or videotaping; or ``(2) uses a camera, videotape, photo-optical, photo- electric, or other image recording device that has been transported, shipped, or received in interstate or foreign commerce to observe, view, photograph, film, or videotape for a lewd or lascivious purpose an image of a person under the age of 18 years involving actual or simulated vaginal, anal, oral, or manual sexual intercourse, masturbation, any unclothed portion of the female breast below the top of the areola, or any unclothed portion of the anus, vulva, or genitals, shall be punished as provided in subsection (d). ``(b) Exceptions.--Subsection (a) shall not in the case of-- ``(1) observation, viewing, photographing, filming, or videotaping for legitimate security purposes, if the material is used only for such purposes; ``(2) observation, viewing, photographing, filming, or videotaping in the course of a legitimate law enforcement or private investigation, if the material is used only for purposes of such investigation; or ``(3) the transfer of an image by-- ``(A) a telecommunications carrier engaged in the provision of a telecommunications service; ``(B) a person engaged in the business of providing an Internet access service; ``(C) a person engaged in the business of providing access to an interactive computer service; or ``(D) any other person engaged in the transmission, storage, retrieval, hosting, formatting, or transmission (or any combination thereof) of a communication made by another person, without selection or alteration of the content of the communication. ``(c) Defense.--It shall be a defense to prosecution under subsection (a)(1) that the observation, viewing, photographing, filming, or videotaping in question was done in a public place where there was no reasonable expectation of privacy. ``(d) Penalties.--The penalty for an offense under subsection (a) is-- ``(1) a fine under this title, imprisonment for not more three years, or both, in the case of an offense under paragraph (1) of that subsection; and ``(2) a fine under this title, imprisonment for not more than ten years, or both, in the case of an offense under paragraph (2) of that subsection. ``(e) Seal or Destruction of Images.--The court may, upon its own motion or the motion of the Attorney General, order the following: ``(1) The seal of any images introduced as evidence in a trial for an offense under this section. ``(2) The destruction of any images held by the United States for purposes of a prosecution under this section in the event of an acquittal, dismissal, plea agreement, or decision not to prosecute. ``(3) The destruction of any images held by the United States for purposes of a prosecution under this section if prosecution is not commenced within the statute of limitations for the offense. ``(4) The destruction of any images introduced as evidence in a trial for an offense under this section that are held by the United States after conviction upon the release of the offender from incarceration for the offense.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 71 of title 18, United States Code, as amended by section 201(b) of this Act, is further amended by adding at the end the following new item: ``1472. Video voyeurism.''. SEC. 203. SEVERABILITY. If any provision of an amendment made by this title, or the application thereof to any person or circumstances, is held invalid, the remainder of the provisions of the amendments made by this title, and the applications of such provisions to other persons not similarly situated or to other circumstances, shall not be affected thereby. ----------------------------------------------------------------------