INTERNET
FREE
EXPRESSION
ALLIANCE
Franks Filtering Amendment
(added to the House version of the Juvenile Justice bill on June 17, 1999)Amendment No. 41 offered by Mr. Franks of New Jersey:
At the end of the bill, add the following (and make such technical and conforming changes as may be appropriate):
TITLE XX--CHILDREN'S INTERNET PROTECTION
SEC. XX01. SHORT TITLE. This title may be cited as the `Children's Internet Protection Act'.
SEC. XX02. NO UNIVERSAL SERVICE FOR SCHOOLS OR LIBRARIES THAT FAIL TO IMPLEMENT A FILTERING OR BLOCKING TECHNOLOGY FOR COMPUTERS WITH INTERNET ACCESS.
(a) In General: Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended by adding at the end thereof the following:
`(l) Implementation of an Internet Filtering or Blocking Technology:
`(1) In general: An elementary school, secondary school, or library that fails to provide the certification required by paragraph (2) or (3), respectively, is not eligible to receive or retain universal service assistance provided under subsection (h)(1)(B).
`(2) Certification for schools: To be eligible to receive universal service assistance under subsection (h)(1)(B), an elementary or secondary school shall certify to the Commission that it has--
`(A) selected a technology for computers with Internet access to filter or block--
`(i) child pornographic materials, which shall have the meaning of that term as used in sections 2252, 2252A, 2256 of title 18, United States Code;
`(ii) obscene materials, which shall have the meaning of that term as used in section 1460 of title 18, United States Code; and
`(iii) materials deemed to be harmful to minors, which shall have the meaning of that term as used in section 231 of the Communications Act of 1934 (47 U.S.C. 231); and
`(B) installed, or will install, and uses or will use, as soon as it obtains computers with Internet access, a technology to filter or block such material.
`(3) Certification for libraries: To be eligible to receive universal service assistance under subsection (h)(1)(B),a library shall certify to the Commission that it has--
`(A) selected a technology for computers with Internet access to filter or block--
`(i) child pornographic materials, which shall have the meaning of that term as used in sections 2252, 2252A, 2256 of title 18, United States Code;
`(ii) obscene materials, which shall have the meaning of that term as used in section 1460 of title 18, United States Code; and
`(iii) materials deemed to be harmful to minors, which shall have the meaning of that term as used in section 231 of the Communications Act of 1934 (47 U.S.C. 231); and
`(B) installed, or will install, and uses or will use, as soon as it obtains computers with Internet access, a technology to filter or block such material.
`(4) Time for certification: The certification required by paragraph (2) or (3) shall be made within 30 days of the date that rules are promulgated by the Federal Communications Commission, or, if later, within 10 days of the date on which any computer with access to the Internet is first made available in the school or library for its intended use.
`(5) Notification of cessation; additional internet-accessing computer:
`(A) Cessation: A school or library that has filed the certification required by paragraph (3)(A) shall notify the Commission within 10 days after the date on which it ceases to use the filtering or blocking technology to which the certification related.
`(B) Additional internet-accessing computer: A school or library that has filed the certification required by paragraph (3)(B) that adds another computer with Internet access intended for use by the public (including minors) shall make the certification required by paragraph (3)(A) within 10 days after that computer is made available for use by the public.
`(6) Posting of notice: A school or library that has filed a certification under paragraph (2) or (3) shall post within view of the computers which are the subject of that certification a notice that contains--
`(A) a copy of the filter or block certification;
`(B) a statement of such school's or library's filtering or block policy; and
`(C) information on the specific block technology in use.
`(7) Penalty for failure to comply: A school or library that fails to meet the requirements of this subsection is liable to repay immediately the full amount of all universal service assistance the school or library received under subsection (h)(1)(B) after the date the failure began.
`(8) Local determination of material to be filtered: For purposes of paragraphs (2) and (3), the determination of what material is to be deemed harmful to minors shall be made by the school, school board, library or other authority responsible for making the required certification. No agency or instrumentality of the United States Government may--
`(A) establish criteria for making that determination;
`(B) review the determination made by the certifying school, school board, library, or other authority; or
`(C) consider the criteria employed by the certifying school, school board, library, or other authority in the administration of subsection (h)(1)(B).
`(9) No preemtion or other effect: Nothing in this subsection shall be construed--
`(A) to preempt, supersede, or limit any requirements that imposed by a school or library, or by a political authority for a school or library, that are more stringent than the requirements of this subsection; or
`(B) to supersede or limit otherwise applicable Federal or State child pornography or obscenity laws.'.
(b) Conforming Change: Section 254(h)(1)(B) of the Communications Act of 1934 (47 U.S.C. 254(h)(1)(B)) is amended by striking `All telecommunications' and inserting `Except as provided by subsection (l), all telecommunications'.
SEC. XX3. FCC TO ADOPT RULES WITHIN 4 MONTHS. The Federal Communications Commission shall adopt rules implementing section 254(l) of the Communications Act of 1934 (as added by this Act) within 120 days after the date of enactment of this Act.