47 U.S.C. § 229 — Communications Assistance for Law En-

Page 88 TITLE 47—TELECOMMUNICATIONS § 229 and complementary oversight and regulatory systems or procedures, or both, so long as such systems and procedures govern intrastate services and do not significantly impede the enforcement of this section or other Federal statutes. (5) Enforcement of existing regulations Nothing in this section shall be construed to prohibit the Commission from enforcing regu- lations prescribed prior to October 28, 1992, in fulfilling the requirements of this section to the extent that such regulations are con- sistent with the provisions of this section. (h) Effect on dial-a-porn prohibitions Nothing in this section shall affect the provi- sions of section 223 of this title. (i) ‘‘Pay-per-call services’’ defined For purposes of this section— (1) The term ‘‘pay-per-call services’’ means any service— (A) in which any person provides or pur- ports to provide— (i) audio information or audio entertain- ment produced or packaged by such per- son; (ii) access to simultaneous voice con- versation services; or (iii) any service, including the provision of a product, the charges for which are as- sessed on the basis of the completion of the call; (B) for which the caller pays a per-call or per-time-interval charge that is greater than, or in addition to, the charge for trans- mission of the call; and (C) which is accessed through use of a 900 telephone number or other prefix or area code designated by the Commission in ac- cordance with subsection (b)(5). (2) Such term does not include directory services provided by a common carrier or its affiliate or by a local exchange carrier or its affiliate, or any service for which users are as- sessed charges only after entering into a presubscription or comparable arrangement with the provider of such service. (June 19, 1934, ch. 652, title II, § 228, as added Pub. L. 102–556, title I, § 101, Oct. 28, 1992, 106 Stat. 4182; amended Pub. L. 103–414, title III, § 303(a)(13), (14), Oct. 25, 1994, 108 Stat. 4294; Pub. L. 104–104, title VII, § 701(a)(1), (b)(2), Feb. 8, 1996, 110 Stat. 145, 148.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see section 609 of this title and Tables. The Telephone Disclosure and Dispute Resolution Act, referred to in subsecs. (c)(1), (3), (d)(1)(A), (e), and (f)(1), is Pub. L. 102–556, Oct. 28, 1992, 106 Stat. 4181. Ti- tles II and III of the Act are classified generally to sub- chapters I (§ 5711 et seq.) and II (§ 5721 et seq.), respec- tively, of chapter 83 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 5701(a) of Title 15 and Tables. AMENDMENTS 1996—Subsec. (c)(7)(C). Pub. L. 104–104, § 701(a)(1)(A), added subpar. (C) and struck out former subpar. (C) which read as follows: ‘‘the calling party being charged for information conveyed during the call unless the calling party has a preexisting agreement to be charged for the information or discloses a credit or charge card number during the call; or’’. Subsec. (c)(7)(E). Pub. L. 104–104, § 701(a)(1)(B), added subpar. (E). Subsec. (c)(8) to (11). Pub. L. 104–104, § 701(a)(1)(C), added pars. (8) to (11). Subsec. (i)(2). Pub. L. 104–104, § 701(b)(2), struck out ‘‘or any service the charge for which is tariffed,’’ after ‘‘local exchange carrier or its affiliate,’’. 1994—Subsec. (c)(2) to (7). Pub. L. 103–414, § 303(a)(13), redesignated par. (2), relating to compliance proce- dures, as (3) and pars. (3) to (6) as (4) to (7), respec- tively. Subsec. (c)(7)(D). Pub. L. 103–414, § 303(a)(14), which di- rected substitution of ‘‘conversation’’ for ‘‘conserva- tion’’ in par. (6)(D), was executed by making the substi- tution in par. (7)(D) to reflect the probable intent of Congress and the redesignation of par. (6) as (7) by Pub. L. 103–414, § 303(a)(13). See above. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–104, title VII, § 701(a)(3), Feb. 8, 1996, 110 Stat. 147, provided that: ‘‘The amendments made by paragraph (1) [amending this section] shall take effect on the date of enactment of this Act [Feb. 8, 1996].’’ REGULATIONS Pub. L. 104–104, title VII, § 701(a)(2), Feb. 8, 1996, 110 Stat. 147, provided that: ‘‘The Federal Communications Commission shall revise its regulations to comply with the amendment made by paragraph (1) [amending this section] not later than 180 days after the date of enact- ment of this Act [Feb. 8, 1996].’’ § 229. Communications Assistance for Law En- forcement Act compliance (a) In general The Commission shall prescribe such rules as are necessary to implement the requirements of the Communications Assistance for Law En- forcement Act [47 U.S.C. 1001 et seq.]. (b) Systems security and integrity The rules prescribed pursuant to subsection (a) shall include rules to implement section 105 of the Communications Assistance for Law En- forcement Act [47 U.S.C. 1004] that require com- mon carriers— (1) to establish appropriate policies and pro- cedures for the supervision and control of its officers and employees— (A) to require appropriate authorization to activate interception of communications or access to call-identifying information; and (B) to prevent any such interception or ac- cess without such authorization; (2) to maintain secure and accurate records of any interception or access with or without such authorization; and (3) to submit to the Commission the policies and procedures adopted to comply with the re- quirements established under paragraphs (1) and (2). (c) Commission review of compliance The Commission shall review the policies and procedures submitted under subsection (b)(3) Page 89 TITLE 47—TELECOMMUNICATIONS § 230 and shall order a common carrier to modify any such policy or procedure that the Commission determines does not comply with Commission regulations. The Commission shall conduct such investigations as may be necessary to insure compliance by common carriers with the re- quirements of the regulations prescribed under this section. (d) Penalties For purposes of this chapter, a violation by an officer or employee of any policy or procedure adopted by a common carrier pursuant to sub- section (b), or of a rule prescribed by the Com- mission pursuant to subsection (a), shall be con- sidered to be a violation by the carrier of a rule prescribed by the Commission pursuant to this chapter. (e) Cost recovery for Communications Assistance for Law Enforcement Act compliance (1) Petitions authorized A common carrier may petition the Commis- sion to adjust charges, practices, classifica- tions, and regulations to recover costs ex- pended for making modifications to equip- ment, facilities, or services pursuant to the re- quirements of section 103 of the Communica- tions Assistance for Law Enforcement Act [47 U.S.C. 1002]. (2) Commission authority The Commission may grant, with or without modification, a petition under paragraph (1) if the Commission determines that such costs are reasonable and that permitting recovery is consistent with the public interest. The Com- mission may, consistent with maintaining just and reasonable charges, practices, classifica- tions, and regulations in connection with the provision of interstate or foreign communica- tion by wire or radio by a common carrier, allow carriers to adjust such charges, prac- tices, classifications, and regulations in order to carry out the purposes of this chapter. (3) Joint board The Commission shall convene a Federal- State joint board to recommend appropriate changes to part 36 of the Commission’s rules with respect to recovery of costs pursuant to charges, practices, classifications, and regula- tions under the jurisdiction of the Commis- sion. (June 19, 1934, ch. 652, title II, § 229, as added Pub. L. 103–414, title III, § 301, Oct. 25, 1994, 108 Stat. 4292.) Editorial Notes REFERENCES IN TEXT The Communications Assistance for Law Enforce- ment Act, referred to in subsecs. (a) and (e), is title I of Pub. L. 103–414, Oct. 25, 1994, 108 Stat. 4279, which is classified generally to subchapter I (§ 1001 et seq.) of chapter 9 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. This chapter, referred to in subsecs. (d) and (e)(2), was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. § 230. Protection for private blocking and screen- ing of offensive material (a) Findings The Congress finds the following: (1) The rapidly developing array of Internet and other interactive computer services avail- able to individual Americans represent an ex- traordinary advance in the availability of edu- cational and informational resources to our citizens. (2) These services offer users a great degree of control over the information that they re- ceive, as well as the potential for even greater control in the future as technology develops. (3) The Internet and other interactive com- puter services offer a forum for a true diver- sity of political discourse, unique opportuni- ties for cultural development, and myriad ave- nues for intellectual activity. (4) The Internet and other interactive com- puter services have flourished, to the benefit of all Americans, with a minimum of govern- ment regulation. (5) Increasingly Americans are relying on interactive media for a variety of political, educational, cultural, and entertainment serv- ices. (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 serv- ices, unfettered by Federal or State regula- tion; (3) to encourage the development of tech- nologies 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 develop- ment and utilization of blocking and filtering technologies that empower parents to restrict their children’s access to objectionable or in- appropriate online material; and (5) to ensure vigorous enforcement of Fed- eral criminal laws to deter and punish traf- ficking in obscenity, stalking, and harassment by means of computer. (c) Protection for ‘‘Good Samaritan’’ blocking and screening of offensive material (1) Treatment of publisher or speaker No provider or user of an interactive com- puter service shall be treated as the publisher or speaker of any information provided by an- other information content provider. (2) Civil liability No provider or user of an interactive com- puter service shall be held liable on account of— (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, exces- sively violent, harassing, or otherwise objec- tionable, whether or not such material is constitutionally protected; or