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47 U.S.C. § 231 — Restriction of access by minors to materials commercially distributed by means of World Wide Web that are harmful to minors

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 231 — Restriction of access by minors to materials commercially distributed by means of World Wide Web that are harmful to minors

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Source file: Laws/federal/codes/united-states-code/title-47/section-231-restriction-of-access-by-minors-to-materials-commercially-distributed-by--2adedcc790.md
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Source location: Title 47, Chapter 5, § 231; chapter-005-wire-or-radio-communication.md

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**(a) Requirement to restrict access** (1) **Prohibited conduct** — Whoever 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 paragraph 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 each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation. **(b) Inapplicability of carriers and other service providers** For purposes of subsection (a), a person shall not be considered to make any communication for commercial purposes to the extent that such person is— (1) a telecommunications carrier engaged in the provision of a telecommunications service; (2) a person engaged in the business of providing an Internet access service; (3) a person engaged in the business of providing an Internet information location tool; or (4) similarly engaged in the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication made by another person, without selection or alteration of the content of the communication, except that such person’s deletion of a particular communication or material made by another person in a manner consistent with subsection (c) or [section 230 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section230&num=0&edition=prelim) shall not constitute such selection or alteration of the content of the communication. **(c) Affirmative defense** (1) **Defense** — It is an affirmative defense to prosecution under this section that the defendant, in good faith, has restricted access by minors to material that is harmful to minors— (A) by requiring use of a credit card, debit account, adult access code, or adult personal identification number; (B) by accepting a digital certificate that verifies age; or (C) by any other reasonable measures that are feasible under available technology. (2) **Protection for use of defenses** — No cause of action may be brought in any court or administrative agency against any person on account of any activity that is not in violation of any law punishable by criminal or civil penalty, and that the person has taken in good faith to implement a defense authorized under this subsection or otherwise to restrict or prevent the transmission of, or access to, a communication specified in this section. **(d) Privacy protection requirements** (1) **Disclosure of information limited** — A person making a communication described in subsection (a)— (A) shall not disclose any information collected for the purposes of restricting access to such communications to individuals 17 years of age or older without the prior written or electronic consent of— (i) the individual concerned, if the individual is an adult; or (ii) the individual’s parent or guardian, if the individual is under 17 years of age; and (B) shall take such actions as are necessary to prevent unauthorized access to such information by a person other than the person making such communication and the recipient of such communication. (2) **Exceptions** — A person making a communication described in subsection (a) may disclose such information if the disclosure is— (A) necessary to make the communication or conduct a legitimate business activity related to making the communication; or (B) made pursuant to a court order authorizing such disclosure. **(e) Definitions** For purposes of this subsection,11 So in original. Probably should be “section,”. the following definitions shall apply: (1) **By means of the World Wide Web** — The term “by means of the World Wide Web” means by placement of material in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol or any successor protocol. (2) **Commercial purposes; engaged in the business** (A) *Commercial purposes* — A person shall be considered to make a communication for commercial purposes only if such person is engaged in the business of making such communications. (B) *Engaged in the business* — The term “engaged in the business” means that the person who makes a communication, or offers to make a communication, by means of the World Wide Web, that includes any material that is harmful to minors, devotes time, attention, or labor to such activities, as a regular course of such person’s trade or business, with the objective of earning a profit as a result of such activities (although it is not necessary that the person make a profit or that the making or offering to make such communications be the person’s sole or principal business or source of income). A person may be considered to be engaged in the business of making, by means of the World Wide Web, communications for commercial purposes that include material that is harmful to minors, only if the person knowingly causes the material that is harmful to minors to be posted on the World Wide Web or knowingly solicits such material to be posted on the World Wide Web. (3) **Internet** — The term “Internet” means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol or any successor protocol to transmit information. (4) **Internet access service** — The term “Internet access service” means a service that enables users to access content, information, electronic mail, or other services offered over the Internet, and may also include access to proprietary content, information, and other services as part of a package of services offered to consumers. Such term does not include telecommunications services. (5) **Internet information location tool** — The term “Internet information location tool” means a service that refers or links users to an online location on the World Wide Web. Such term includes directories, indices, references, pointers, and hypertext links. (6) **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) the average person, applying contemporary community standards, would find, 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) taken as a whole, lacks serious literary, artistic, political, or scientific value for minors. (7) **Minor** — The term “minor” means any person under 17 years of age.

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 230 — Protection for private blocking and screening of offensive material

**(a) Findings** The Congress finds the following: (1) The rapidly developing array of Internet and other interactive computer services available to individual Americans represent an extraordinary advance in the availability of educational and informational resources to our citizens. (2) These services offer users a great degree of control over the information that they receive, as well as the potential for even greater control in the future as technology develops. (3) The Internet and other interactive computer services offer a forum for a true diversity of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual activity. (4) The Internet and other interactive computer services have flourished, to the benefit of all Americans, with a minimum of government regulation. (5) Increasingly Americans are relying on interactive media for a variety of political, educational, cultural, and entertainment services. **(b) Policy** It is the policy of the United States— (1) to promote the continued development of the Internet and other interactive computer services and other interactive media; (2) to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation; (3) to encourage the development of technologies which maximize user control over what information is received by individuals, families, and schools who use the Internet and other interactive computer services; (4) to remove disincentives for the development and utilization of blocking and filtering technologies that empower parents to restrict their children’s access to objectionable or inappropriate online material; and (5) to ensure vigorous enforcement of

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 223 — Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications

**(a) Prohibited acts generally** Whoever— (1) in interstate or foreign communications— (A) by means of a telecommunications device knowingly— (i) makes, creates, or solicits, and (ii) initiates the transmission of, any comment, request, suggestion, proposal, image, or other communication which is obscene or child pornography, with intent to abuse, threaten, or harass another person; (B) by means of a telecommunications device knowingly— (i) makes, creates, or solicits, and (ii) initiates the transmission of, any comment, request, suggestion, proposal, image, or other communication which is obscene or child pornography, knowing that the recipient of the communication is under 18 years of age, regardless of whether the maker of such communication placed the call or initiated the communication; (C) makes a telephone call or utilizes a telecommunications device, whether or not conversation or communication ensues, without disclosing his identity and with intent to abuse, threaten, or harass any specific person; (D) makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or (E) makes repeated telephone calls or repeatedly initiates communication with a telecommunications device, during which conversation or communication ensues, solely to harass any specific person; or (2) knowingly permits any telecommunications facility under his control to be used for any activity prohibited by paragraph (1) with the intent that it be used for such activity, **(b) Prohibited acts for commercial purposes; defense to prosecution** (1) Whoever knowingly— (A) within the United States, by means of telephone, makes (directly or by recording device) any obscene communica

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 7001 — General rule of validity

**(a) In general** Notwithstanding any statute, regulation, or other rule of law (other than this subchapter and subchapter II), with respect to any transaction in or affecting interstate or foreign commerce— (1) a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form; and (2) a contract relating to such transaction may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. **(b) Preservation of rights and obligations** This subchapter does not— (1) limit, alter, or otherwise affect any requirement imposed by a statute, regulation, or rule of law relating to the rights and obligations of persons under such statute, regulation, or rule of law other than a requirement that contracts or other records be written, signed, or in nonelectronic form; or (2) require any person to agree to use or accept electronic records or electronic signatures, other than a governmental agency with respect to a record other than a contract to which it is a party. **(c) Consumer disclosures** (1) **Consent to electronic records** — Notwithstanding subsection (a), if a statute, regulation, or other rule of law requires that information relating to a transaction or transactions in or affecting interstate or foreign commerce be provided or made available to a consumer in writing, the use of an electronic record to provide or make available (whichever is required) such information satisfies the requirement that such information be in writing if— (A) the consumer has affirmatively consented to such use and has not withdrawn such consent; (B) the consumer, prior to consenting, is provided wi

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2257 — Record keeping requirements

**(a)** Whoever produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being, picture, or other matter which— (1) contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct; and (2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction. **(b)** Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of actual sexually explicit conduct— (1) ascertain, by examination of an identification document containing such information, the performer’s name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations; (2) ascertain any name, other than the performer’s present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name; and (3) record in the records required by subsection (a) the information required by paragraphs (1) and (2) of this subsection and such other identifying information as may be prescribed by regulation. **(c)** Any person to whom subsection (a) applies shall maintain the records required by this section at his business premises, or at such other place as the Attorney General may by regulation prescribe and shall make such records available to the Attorney General for inspection at all reasonable times. **(d)** (1) No information or evidence obtained fr

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 841 — Prohibited acts A

**(a) Unlawful acts** Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally— (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or (2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. **(b) Penalties** Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows: (1) (A) In the case of a violation of subsection (a) of this section involving— (i) 1 kilogram or more of a mixture or substance containing a detectable amount of heroin; (ii) 5 kilograms or more of a mixture or substance containing a detectable amount of— (I) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; (II) cocaine, its salts, optical and geometric isomers, and salts of isomers; (III) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or (IV) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III); (iii) 280 grams or more of a mixture or substance described in clause (ii) which contains cocaine base; (iv) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); (v) 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); (vi) 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- [

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 609 — Short title

This chapter may be cited as the “Communications Act of 1934.”

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 231 — Restriction of access by minors to mate-

Page 91 TITLE 47—TELECOMMUNICATIONS § 231 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–164, § 4(b), Apr. 11, 2018, 132 Stat. 1254, pro- vided that: ‘‘The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Apr. 11, 2018], and the amendment made by subsection (a) shall apply regard- less of whether the conduct alleged occurred, or is al- leged to have occurred, before, on, or after such date of enactment.’’ EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 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. SAVINGS Pub. L. 115–164, § 7, Apr. 11, 2018, 132 Stat. 1255, pro- vided that: ‘‘Nothing in this Act [see Short Title of 2018 Amendment note set out under section 1 of Title 18, Crimes and Criminal Procedure] or the amendments made by this Act shall be construed to limit or preempt any civil action or criminal prosecution under Federal law or State law (including State statutory law and State common law) filed before or after the day before the date of enactment of this Act [Apr. 11, 2018] that was not limited or preempted by section 230 of the Communications Act of 1934 (47 U.S.C. 230), as such sec- tion was in effect on the day before the date of enact- ment of this Act.’’ SENSE OF CONGRESS Pub. L. 115–164, § 2, Apr. 11, 2018, 132 Stat. 1253, pro- vided that: ‘‘It is the sense of Congress that— ‘‘(1) section 230 of the Communications Act of 1934 (47 U.S.C. 230; commonly known as the ‘Communica- tions Decency Act of 1996’) was never intended to pro- vide legal protection to websites that unlawfully pro- mote and facilitate prostitution and websites that fa-

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