[House Report 107-449]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-449
======================================================================
DOT KIDS IMPLEMENTATION AND EFFICIENCY ACT OF 2002
_______
May 8, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Tauzin, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 3833]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 3833) to facilitate the creation of a new,
second-level Internet domain within the United States country
code domain that will be a haven for material that promotes
positive experiences for children and families using the
Internet, provides a safe online environment for children, and
helps to prevent children from being exposed to harmful
material on the Internet, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 1
Purpose and Summary.............................................. 5
Background and Need for Legislation.............................. 5
Hearings......................................................... 8
Committee Consideration.......................................... 8
Committee Votes.................................................. 8
Committee Oversight Findings..................................... 9
Statement of General Performance Goals and Objectives............ 9
New Budget Authority, Entitlement Authority, and Tax Expenditures 9
Committee Cost Estimate.......................................... 9
Congressional Budget Office Estimate............................. 9
Federal Mandates Statement....................................... 10
Advisory Committee Statement..................................... 10
Constitutional Authority Statement............................... 10
Applicability to Legislative Branch.............................. 10
Section-by-Section Analysis of the Legislation................... 10
Changes in Existing Law Made by the Bill, as Reported............ 16
Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dot Kids Implementation and Efficiency
Act of 2002''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the World Wide Web presents a stimulating and
entertaining opportunity for children to learn, grow, and
develop educationally and intellectually;
(2) Internet technology also makes available an extensive
amount of information that is harmful to children, as studies
indicate that a significant portion of all material available
on the Internet is related to pornography;
(3) young children, when trying to use the World Wide Web for
positive purposes, are often presented--either mistakenly or
intentionally--with material that is inappropriate for their
age, which can be extremely frustrating for children, parents,
and educators;
(4) exposure of children to material that is inappropriate
for them, including pornography, can distort the education and
development of the Nation's youth and represents a serious harm
to American families that can lead to a host of other problems
for children, including inappropriate use of chat rooms,
physical molestation, harassment, and legal and financial
difficulties;
(5) young boys and girls, older teens, troubled youth,
frequent Internet users, chat room participants, online risk
takers, and those who communicate online with strangers are at
greater risk for receiving unwanted sexual solicitation on the
Internet;
(6) studies have shown that 19 percent of youth (ages 10 to
17) who used the Internet regularly were the targets of
unwanted sexual solicitation, but less than 10 percent of the
solicitations were reported to the police;
(7) children who come across illegal content should report it
to the congressionally authorized CyberTipline, an online
mechanism developed by the National Center for Missing and
Exploited Children, for citizens to report sexual crimes
against children;
(8) the CyberTipline has received more than 64,400 reports,
including reports of child pornography, online enticement for
sexual acts, child molestation (outside the family), and child
prostitution;
(9) although the computer software and hardware industries,
and other related industries, have developed innovative ways to
help parents and educators restrict material that is harmful to
minors through parental control protections and self-
regulation, to date such efforts have not provided a national
solution to the problem of minors accessing harmful material on
the World Wide Web;
(10) the creation of a ``green-light'' area within the United
States country code Internet domain, that will contain only
content that is appropriate for children under the age of 13,
is analogous to the creation of a children's section within a
library and will promote the positive experiences of children
and families in the United States; and
(11) while custody, care, and nurture of the child reside
first with the parent, the protection of the physical and
psychological well-being of minors by shielding them from
material that is harmful to them is a compelling governmental
interest.
(b) Purposes.--The purposes of this Act are--
(1) to facilitate the creation of a second-level domain
within the United States country code domain for the location
of material that is suitable for minors and not harmful to
minors; and
(2) to ensure that the National Telecommunications and
Information Administration oversees the creation of such a
second-level domain and ensures the effective and efficient
establishment and operation of the new domain.
SEC. 3. NTIA AUTHORITY.
Section 103(b)(3) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 902(b)(3)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) shall assign to the NTIA responsibility for
providing for the establishment, and overseeing
operation, of a second-level Internet domain within the
United States country code domain in accordance with
section 157.''.
SEC. 4. CHILD-FRIENDLY SECOND-LEVEL INTERNET DOMAIN.
The National Telecommunications and Information Administration
Organization Act (47 U.S.C. 901 et seq.) is amended in part C by adding
at the end the following new section:
``SEC. 157. CHILD-FRIENDLY SECOND-LEVEL INTERNET DOMAIN.
``(a) Responsibilities.--The NTIA shall require the registry selected
to operate and maintain the United States country code Internet domain
to establish, operate, and maintain a second-level domain within the
United States country code domain that provides access only to material
that is suitable for minors and not harmful to minors (in this section
referred to as the `new domain').
``(b) Conditions of Contract Renewal.--The NTIA may not renew any
contract to operate and maintain the domain with the initial registry,
or enter into or renew any such contract with any successor registry,
unless such registry enters into an agreement with the NTIA, during the
90-day period beginning upon the date of the enactment of the Dot Kids
Implementation and Efficiency Act of 2002 in the case of the initial
registry or during the 90-day period after selection in the case of any
successor registry, as applicable, which provides for the registry to
carry out, and the new domain operates pursuant to, the following
requirements:
``(1) Written content standards for the new domain, except
that the NTIA shall not have any authority to establish such
standards.
``(2) Written agreements with each registrar for the new
domain that ensure use of the new domain is in accordance with
the standards and requirements of the registry.
``(3) Written agreements with registrars, which shall require
registrars to enter into written agreements with registrants,
to use the new domain in accordance with the standards and
requirements of the registry.
``(4) Rules and procedures for enforcement and oversight that
minimize the possibility that the new domain provides access to
content that is not in accordance with the standards and
requirements of the registry.
``(5) A process for removing from the new domain any content
that is not in accordance with the standards and requirements
of the registry.
``(6) A process to provide registrants to the new domain with
an opportunity for a prompt, expeditious, and impartial dispute
resolution process regarding any material of the registrant
excluded from the new domain.
``(7) Continuous and uninterrupted service for the new domain
during any transition to a new registry selected to operate and
maintain the United States country code domain.
``(8) Procedures and mechanisms to promote the accuracy of
contact information submitted by registrants and retained by
registrars in the new domain.
``(9) Operationality of the new domain not later than one
year after the date of the enactment of the Dot Kids
Implementation and Efficiency Act of 2002.
``(10) Written agreements with registrars, which shall
require registrars to enter into written agreements with
registrants, to prohibit two-way and multiuser interactive
services in the new domain, unless the registrant certifies to
the registrar that such service will be offered in compliance
with the content standards established pursuant to paragraph
(1) and does not compromise the safety or security of minors.
``(11) Written agreements with registrars, which shall
require registrars to enter into written agreements with
registrants, to prohibit hyperlinks in the new domain that take
new domain users outside of the new domain.
``(12) Any other action that the NTIA considers necessary to
establish, operate, or maintain the new domain in accordance
with the purposes of this section.
``(c) Treatment of Registry and Other Entities.--
``(1) In general.--Only to the extent that such entities
carry out functions under this section, the following entities
are deemed to be interactive computer services for purposes of
section 230(c) of the Communications Act of 1934 (47 U.S.C.
230(c)):
``(A) The registry that operates and maintains the
new domain.
``(B) Any entity that contracts with such registry to
carry out functions to ensure that content accessed
through the new domain complies with the limitations
applicable to the new domain.
``(C) Any registrar for the registry of the new
domain that is operating in compliance with its
agreement with the registry.
``(2) Savings provision.--Nothing in paragraph (1) shall be
construed to affect the applicability of any other provision of
title II of the Communications Act of 1934 to the entities
covered by subparagraph (A), (B), or (C) of paragraph (1).
``(d) Education.--The NTIA shall carry out a program to publicize the
availability of the new domain and to educate the parents of minors
regarding the process for utilizing the new domain in combination and
coordination with hardware and software technologies that provide for
filtering or blocking. The program under this subsection shall be
commenced not later than 30 days after the date that the new domain
first becomes operational and accessible by the public.
``(e) Coordination With Federal Government.--The registry selected to
operate and maintain the new domain shall--
``(1) consult with appropriate agencies of the Federal
Government regarding procedures and actions to prevent minors
and families who use the new domain from being targeted by
adults and other children for predatory behavior, exploitation,
or illegal actions; and
``(2) establish such procedures and take such actions as may
be necessary to prevent such targeting.
The consultations, procedures, and actions required under this
subsection shall be commenced not later than 30 days after the date
that the new domain first becomes operational and accessible by the
public.
``(f) Compliance Report.--The registry shall prepare, on an annual
basis, a report on the registry's monitoring and enforcement
procedures. The registry shall submit each such report, setting forth
the results of the review of its monitoring and enforcement procedures,
to the Committee on Energy and Commerce of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate.
``(g) Selection of Registry.--
``(1) Withdrawal of registry.--
``(A) In general.--Upon a good faith showing by the
registry of the new domain to the NTIA of extreme
financial hardship in the operation of the new domain,
the registry may elect to relinquish the right to
operate and maintain the new domain. If the registry
elects to relinquish such right, the NTIA shall select
a subcontractor to operate and maintain the new domain
under the competitive bidding process established
pursuant to paragraph (2). The subcontractor shall have
all of the rights and duties specified under this Act,
except that such duties shall not include the technical
maintenance of the new domain.
``(B) Extreme financial hardship.--For purposes of
this paragraph, the term `extreme financial hardship'
means that the costs of operating and maintaining the
new domain exceed the revenues generated from
registrants by more than 25 percent for a period of
more than 6 consecutive quarters, following the first
year of operation.
``(2) Competitive bid selection process.--The NTIA shall
establish a process for soliciting applications and choosing a
subcontractor to operate and maintain the new domain pursuant
to paragraph (1), which process shall comply with the following
requirements:
``(A) Timing.--The selection process shall commence
and complete not later than 120 days after the registry
elects to relinquish the new domain for extreme
financial hardship.
``(B) Notice.--The selection process shall provide
adequate notice to prospective applicants of--
``(i) the opportunity to submit such an
application; and
``(ii) the criteria for selection under
subparagraph (C).
``(C) Criteria.--The selection shall be made pursuant
to written, objective criteria designed to ensure--
``(i) that the new domain is operated and
maintained in accordance with the requirements
under subsection (b); and
``(ii) that the subcontractor selected to
operate and maintain the new domain is the
applicant most capable and qualified to do so.
``(D) Review.--Not more than 60 days after the
conclusion of the period established for submission of
applications, the NTIA shall--
``(i) review and apply the selection criteria
established under subparagraph (C) to each
application submitted; and
``(ii) based upon such criteria and subject
to submission of an application meeting such
criteria, select an application and award to
the applicant a subcontract for the operation
and maintenance of the new domain.
``(E) Failure to find subcontractor.--If the NTIA
fails to find a suitable subcontractor pursuant to the
process under this paragraph, the NTIA shall permit the
registry to cease operation of the new domain.
``(h) Suspension of New Domain.--If the NTIA finds, pursuant to its
own review or upon a good faith petition by the registry, that the new
domain is not serving its intended purpose, the NTIA shall instruct the
registry to suspend operation of the new domain until such time as the
NTIA determines that the new domain can be operated as intended.
``(i) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Harmful to minors.--The term `harmful to minors' means,
with respect to material, that--
``(A) the average person, applying contemporary
community standards, would find, taking the material as
a whole and with respect to minors, that it is designed
to appeal to, or is designed to pander to, the prurient
interest;
``(B) the material 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, the material lacks serious,
literary, artistic, political, or scientific value for
minors.
``(2) Minor.--the term `minor' means any person under 13
years of age.
``(3) Suitable for minors.--The term `suitable for minors'
means, with respect to material, that it--
``(A) is not psychologically or intellectually
inappropriate for minors; and
``(B) serves--
``(i) the educational, informational,
intellectual, or cognitive needs of minors; or
``(ii) the social, emotional, or
entertainment needs of minors.''.
Purpose and Summary
The purpose of H.R. 3833 is to facilitate the creation of a
new, second-level Internet domain within the United States
country code domain that will be a haven for material that
promotes positive experiences for children and families using
the Internet, provides a safe online environment for children,
and helps to prevent children from being exposed to harmful
material on the Internet, and for other purposes.
Background and Need for Legislation
For all of the benefits the Internet and the World Wide Web
have brought to business, communication, and information
sharing, one of the biggest complaints the Internet faces is
the easy accessibility of ``adult'' content by children.
Increasingly, children find themselves in front of a computer
screen bombarded with images and other content that are totally
inappropriate for their years, and parents feel increasingly
powerless to prevent it.
By just navigating the World Wide Web, children can
intentionally, or unintentionally, access sexually explicit,
excessively violent, and other inappropriate material. There
are innumerous pornographic sites on the Internet using
``copycat URLs'' to take advantage of innocent typographical
mistakes of young Internet users.
Similarly, many children and adults are surprised when a
domain name registration has expired or if a website owner
forgets to renew. Often these domain names are quickly snapped
up by speculators who make a living trafficking in expired
domain names. These names, owned by church groups, nonprofit
organizations, and municipalities, are then sold by speculators
to pornographers who use the innocent sounding names for
explicit material.
However, the harm to which children can be exposed on the
Internet goes far beyond just stumbling upon inappropriate
images. A June 2000 study done by the National Center for
Missing and Exploited Children, the Crimes Against Children
Research Center, and the Department of Justice's Office of
Juvenile Justice and Delinquency Prevention, shows the harm
posed to minors online also can involve predation and sexual
solicitation. Based on interviews with a nationally
representative sample of 1,501 youth ages 10 to 17 who use the
Internet on a regular basis, approximately one in five received
a sexual solicitation or approach over the Internet in the last
year, one in 33 received an aggressive sexual solicitation
(i.e., a solicitor who asked to meet them somewhere, called
them on the telephone, sent them regular mail, money or gifts),
one in four had an unwanted exposure to pictures of naked
people or people having sex in the last year, and one in 17 was
threatened or harassed. In homes with Internet access, only one
third of parents said they had filtering or blocking software
on their computers.
The technology industry and the federal government have
tried to respond to the concerns of parents, educators and
children. Software companies continue to offer new and improved
Internet filters to help sift through harmful content. However,
as noted above, parental acceptance of such filtering and
blocking technologies is not widespread, and Internet filters
are not completely effective.
Congress has also undertaken a number of efforts to protect
children from harmful material on the Internet. As part of the
Telecommunications Act of 1996, Congress passed the
Communications Decency Act (CDA) that prohibited Internet users
from using the Internet to communicate material that, under
contemporary community standards, would be deemed patently
offensive to minors under 18. The U.S. Supreme Court found the
CDA to be unconstitutional and in violation to the First
Amendment of the U.S. Constitution.
In 1998, Congress passed the Child Online Protection Act
(COPA). COPA requires web publishers that distribute material
deemed ``harmful to minors'' to ensure that minors do not
access such material. COPA has been subject to litigation since
enactment and, in November 2001, the case was heard by the U.S.
Supreme Court and a decision should be forthcoming. During the
106th Congress, Congress enacted the Children's Internet
Protection Act (CIPA), which requires entities that receive
federal funding under the section 254(h) of the Communications
Act of 1934 (known as the ``E-rate program'') and two other
federal programs to annually certify that they are employing an
Internet safety policy and employing a technology protection
measure (defined to include filtering and blocking
technologies). Parts of CIPA are currently being challenged in
the court system. The Committee's efforts to pass H.R. 3833
should not be interpreted to undermine the efforts undertaken
by previous Congresses or as a response to previous efforts.
On November 1, 2001, the Subcommittee on Telecommunications
and the Internet held a hearing on H.R. 2417, the Dot Kids
Domain Act of 2001. H.R. 2417 would have established a
``.kids'' generic top-level domain (similar to a .com or .org)
through the Internet Corporation for Assigned Names and Numbers
(ICANN), the organization that coordinates the domain name
system internationally. Because ICANN had continually been
unwilling to adopt a ``.kids'' generic top-level domain, the
private sector took matters into its own hands. Although
outside the authoritative Internet root, businesses such as
KIDS Domain, operated through New.net, entered the market to
provide child-friendly content to children. These pioneers were
some of the first to recognize the importance and value of
giving children a way to find content on the Internet that is
specifically geared toward children and their interests. These
sites with ``.kids'' names currently reach over 100 million
Internet users. The Committee encourages these type of private
sector initiatives and hopes that such companies will continue
to create more Internet sites and content for children.
During the hearing, some witnesses expressed concerns about
creating a new ``.kids'' generic top level-domain through
ICANN. To assuage those concerns, H.R. 3833 was introduced.
Instead of creating a generic top-level domain through ICANN,
H.R. 3833 utilizes the ``.us'' country-code to create
``.kids.us''.
Every nation has a two-letter country code top-level domain
(ccTLD) for use by that country. The ccTLD for the United
States is ``.us''. However, the ``.us'' ccTLD was originally
organized with a locality-based structure, used primarily by
states, localities and municipalities (i.e.,
``washington.dc.us''). Because of this cumbersome and
hierarchical structure, the usTLD has not been widely used.
On October 29, 2001, the U.S. Department of Commerce's
National Telecommunications and Information Administration
(NTIA) announced that it had entered into a contract with
NeuStar, Inc. (NeuStar) to act as the registry, or operator, of
the ``.us'' ccTLD. The term of the contract runs four years
with two optional one-year extensions that are to be exercised
at the sole discretion of the NTIA. NeuStar received this
contract at no cost, and is allowed to finance the operation of
the domain by establishing and collecting fees for registration
in the ``.us'' space. The contract obligated NeuStar to enhance
and improve the ``.us'' space and reserved the exclusive right
to--but did not obligate--NeuStar to use the second-level
domain ``.kids'' within the ``.us'' space (i.e., ``.kids.us'').
Moreover, the contract offered no detail as to how NeuStar
would establish, operate, or maintain ``.kids.us'', if it chose
to do so.
Notwithstanding the fact that the NTIA contract does not
obligate NeuStar to launch a ``.kids.us'', recognizing the
interest the Committee has in creating a safe space on the
Internet for children, both NTIA and NeuStar committed to
Members of the Committee to expeditiously launch ``.kids.us''.
H.R. 3833 is the enabling legislation to effectuate that
commitment.
Under the bill, the domain will be filled only with
material that is appropriate for children under 13 years of
age. Specifically, the content on ``.kids.us'' must be
``suitable for minors'' and ``not harmful to minors.'' These
two standards represent the range of child-friendly content
that will be allowed in the new domain. On one side of the
content spectrum, the domain should house material that is
``suitable for minors,'' meaning wholesome, educational,
informational and entertaining material. On the other side of
the content spectrum, the domain should not lodge material that
is ``harmful to minors,'' as that phrase is defined in the bill
and interpreted by the courts.
Although the new domain is a content-based restriction, the
Committee believes, based on current Supreme Court precedent,
that H.R. 3833 is Constitutionally sound. This bill is narrowly
tailored to meet a compelling government interest and is the
least restrictive of protected speech. Supreme Court precedent
is clear in establishing the government's compelling interest
in protecting children from exposure to sexually explicit
material (See Ginsberg v. New York, 390 U.S. 629 (1968); FCC v.
Pacifica Foundation, 438 U.S. 726 (1978); and Sable
Communications of Cal. v. FCC, 492 U.S. 115 (1989)). For
instance, laws that require pornography to be sold behind the
counter or in shrink wrap at a newsstand, or laws and
regulations that limit the broadcast of certain content between
certain hours of the night, are in place in order to protect
children from material that is not appropriate for their age.
Importantly, H.R. 3833 recognizes and protects the First
Amendment rights of adults and is carefully drafted not to
impose any unnecessary burden on those rights. Indeed, the bill
is no different than creating a children's section of a public
library. The use of this child-friendly domain is completely
voluntary--parents may chose to use it, and website operators
may opt to be located within it. Should adults want to express
certain views that are not ``suitable for minors'' or are
deemed ``harmful to minors,'' the bill does nothing to prevent
an adult from utilizing the vast remainder of the ``.us''
domain or the entirety of the World Wide Web to express and
share those views.
Hearings
The Subcommittee on Telecommunications and the Internet
held a legislative hearing on November 1, 2001 on H.R. 2417,
the ``Dot Kids Domain Name Act of 2001'' and an amendment in
the nature of a substitute which would have created a ``.kids''
space within the ``.us'' ccTLD. The Committee received
testimony from: Nancy Victory, Administrator, National
Telecommunications and Information Administration; David
Hernand, Chief Executive Officer, New.net; Page Howe, President
and Chief Executive Officer, KIDS Domain, Inc.; Bruce A.
Taylor, President and Chief Counsel, The National Law Center
for Children and Families; and Donna Rice Hughes, Children's
Internet Advocate.
Committee Consideration
On Thursday, March 7, 2002, the Subcommittee on
Telecommunications and the Internet met in open markup session
and approved H.R. 3833 for Full Committee consideration,
without amendment, by a voice vote. On Wednesday, April 10,
2002, the Committee on Energy and Commerce met in open markup
session and favorably ordered reported H.R. 3833, as amended,
by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering
H.R. 3833 reported. A motion by Mr. Tauzin to order H.R. 3833
reported to the House, with an amendment, was agreed to by a
voice vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has not held oversight
or legislative hearings on this legislation.
Statement of General Performance Goals and Objectives
The goal of H.R. 3833 is to create a safe space for
children on the Internet within the United States country code.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
3833, the Dot Kids Implementation and Efficiency Act, would
result in no new or increased budget authority, entitlement
authority, or tax expenditures or revenues.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 23, 2002.
Hon. W.J. ``Billy'' Tauzin,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3833, the Dot Kids
Implementation and Efficiency Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contracts are Ken
Johnson (for federal costs), and Jean Talarcio (for the
private-sector impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 3833--Dot Kids Implementation and Efficiency Act of 2002
H.R. 3833 would require that the contractor that
administers the U.S. Internet domain establish a second-level
domain that would contain only material suitable for minors.
The bill also would require the National Telecommunications and
Information Administration (NTIA) within the Department of
Commerce to publicize the new domain and educate parents on its
use.
Based on information from the Department of Commerce, CBO
estimates that launching a publicity and education campaign for
the new domain would cost less than $500,000 per year, subject
to the availability of appropriated funds. H.R. 3833 would not
affect direct spending or receipts; therefore, pay-as-you-go
procedures would not apply.
H.R. 3833 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
H.R. 3833 would outline conditions of a new agreement between
the NTIA and the registry currently under contract with the
NTIA to manage the U.S. country code Internet domain. The new
agreement would require the registry to establish, operate, and
maintain a second level domain that provides access only to
material that is suitable for and not harmful to children under
13 years of age. Any costs resulting from the agreement would
be incurred voluntarily by the registry as a party to that
agreement.
The CBO staff contacts for this estimate are Ken Johnson
(for federal costs), and Jean Talarico (for the private-sector
impact). This estimate was approved by Peter H. Fontaine,
Deputy Assistant Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 3, which grants Congress the power
to regulate commerce with foreign nations, among the several
States, and with the Indian tribes.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 establishes the short title of the bill as the
``Dot Kids Implementation and Efficiency Act of 2002.''
Section 2. Findings and purposes
Section 2 makes certain Congressional findings and
describes the purposes of the bill.
Section 3. NTIA authority
Section 3 amends the National Telecommunications and
Information Administration Organization Act (47 U.S.C. Sec. 901
et seq.) (NTIA Act) to specifically provide NTIA with
responsibility to establish and oversee the ``.kids.us'' domain
consistent with the requirements of the new section 157 of the
NTIA Act, as added by this bill.
Section 4. Child-friendly second-level internet domain
Section 4 of the bill adds a new section 157 to the NTIA
Organization Act. New section 157(a) mandates NTIA to require
the registry, or operator, selected to operate and maintain the
United States country code (``.us'') to establish, operate, and
maintain a second-level domain (``.kids.us'' or ``new domain'')
that provides access only to material that is ``suitable for
minors'' and ``not harmful to minors.''
New section 157(b) provides that the NTIA shall not renew
the ``.us'' registry contract with the initial registry unless
the initial registry enters into an agreement with the NTIA,
within 90 days of enactment of the bill, to provide the
``.kids.us'' domain consistent with the duties in new section
157(b)(1)-(12). Additionally, new section 157(b) makes the same
requirement of any successor registry within 90 days of
selection by NTIA. Under the terms of the current contract
between NeuStar and the NTIA, after the four-year term of the
contract, the NTIA has the sole discretion to exercise two one-
year options. These duties outlined in new section 157(b)(1)-
(12) are not requirements the registry must perform pursuant to
the terms of the contract. However, should NeuStar, or any
successor registry, opt not to enter into an agreement with the
NTIA to undertake the duties outlined in new section 157(b)(1)-
(12), then the NTIA shall exercise its existing contractual
right not to renew the registry of the ``.us'' contract for the
two one-year options.
Pursuant to new section 157(b)(1), the registry must draft
written content standards for the new domain (NTIA has no
authority to establish such standards). These content standards
must be consistent with the ``suitable for minors'' and ``not
harmful to minors'' standards in the bill. Under new section
157(b)(2), the registry must enter into written agreements with
registrars to ensure that use of the new domain is in
accordance with the standards of the registry and require
registrars to enter into written agreements with registrants to
use the domain in accordance with the standards of the
registry. New section 157(b)(3) requires agreements with
registrars that require them to contractually obligate
registrants to use the new domain in accordance with the
standards of the registry. New section 157(b)(4) requires the
registry to create rules for oversight and enforcement that
minimize the chance the new domain will allow access to
material that is not in accordance with the standards of the
registry. The Committee understands that no system can
guarantee 100% effectiveness in finding and keeping
inappropriate images from the eyes of children. Even the
technology industry has found it difficult to keep pace with
Internet hackers. However, this bill is drafted to encourage
the maximum effectiveness that the Committee acknowledges is
significantly better than the current Internet environment.
Under new section 157(b)(5), the registry must create a
process for removing content not in accordance with the
standards of the registry. New section 157(b)(6) provides that
the registry must create a process allowing prompt, expeditious
and impartial dispute resolution for material excluded from the
new domain. While this process need not provide a formal and
protracted hearing, it should accord registrants with the basic
protections of due process. Under new section 157(b)(7), the
registry must provide for continuous and uninterrupted service
of the new domain during any transition to a new registry.
New section 157(b)(8) requires the registry to promote the
accuracy of the registrant contact data maintained by the
registrars so it may locate registrants who act contrary to the
standards of the registry or in violation of the law. The
Committee recognizes the so-called ``who-is'' database contact
information may assist individuals and companies to locate
website owners. With respect to a subdomain specifically
dedicated to children, however, where children themselves may
have individual websites, the public listing of home address,
phone, and contact information may be information that many
parents elect or desire not to publicly post in order to
protect the safety of their children. That is why an increased
emphasis on non-public contact data held by registrars is of
particular importance and usefulness. New section 157(b)(9)
mandates that the registry must be operational within one year
of enactment. ``Operational'' is intended to mean that the new
domain is available to, and accessible by, the public.
Pursuant to new section 157(b)(10), the registry must enter
into written agreements with registrars that require registrars
to contract with registrants to prohibit two-way and multiuser
interactive services, unless the registrant can certify that
such services can be offered in compliance with the content
standards created by the registry and will not compromise the
safety or security of the minors. The Committee is aware of
some organizations, such as the I-SAFE Foundation, that are
working on models to make such interactive services safe for
children. This language is intended to cover communications
with an upstream and downstream transmission, such as chat,
instant messaging and e-mail. Since most child predators
utilize these kind of communication mediums to lure or harass
children, special care should be taken in the new domain to
protect minors from the dangers inherent in such interactive
communications. This language is not meant to prohibit such
things as interactive games, assuming there is no transfer of
personally identifiable information or the users do not have
the ability to pursue or stalk children. Although physical harm
can occur when a predator uses the Internet to meet a child,
emotional and psychological harm can also result from harassing
and inappropriate communications. The language in new section
157(b)(10) is intended to cover both such communications.
Moreover, any communications on the new domain, whether it be
static content, advertising, or interactive communications,
must also be consistent with the Child Online Privacy
Protection Act (15 U.S.C. Sec. 6501 et seq.) and other
applicable law.
Under new section 157(b)(11) the registry must enter into
agreements with registrars that require registrars to contract
with registrants to prohibit hyperlinks that take users of
``.kids.us'' outside of ``.kids.us'' domain. The new domain is
meant to be a safe space for children and such safety cannot be
assured if only a few clicks of the mouse can transport minors
to material that may not be ``suitable for minors'' or may be
``harmful to minors.'' Finally, new section 157(b)(12) allows
the NTIA to take any other action that may be necessary to
establish, operate or maintain the new domain consistent with
the bill.
In order to provide incentives for rigorous and thorough
content control, new section 157(c) provides limited liability
protection for the actions taken by certain entities on the
``.kids.us'' domain. This provision utilizes existing section
230(c) of the Communications Act of 1934 (47 U.S.C.
Sec. 230(c)), otherwise known as the ``Good Samaritan''
protections. New section 157(c) expands the definition of
``interactive computer services'' in section 230(c) to include
those functions undertaken by the ``.kids.us'' registry,
registrars, and any company contracted with the registry, such
as independent monitoring companies, only to the extent that
such entities carry out the functions under this bill. These
entities will have the current protections afforded to Internet
Service Providers (ISPs) for any actions voluntarily taken in
good faith to restrict access to or availability of material
that the provider considers to be obscene, lewd, lascivious,
filthy, excessively violent, harassing, or otherwise
objectionable, whether or not such material is constitutionally
protected. Additionally under section 230(c), neither the
``.kids.us'' registry, registrars, nor parties contracted to
operate the new domain, shall be treated as the publisher or
speaker of any information provided by another information
content provider.
As noted in new section 157(c)(2), nothing in this section
shall be construed to affect the application of any other
provision of title II of the Communications Act of 1934 (47
U.S.C. Sec. 201 et seq.) to the parties protected in this bill.
The section 230(c) protections will continue to apply to
entities that clearly fall within the definition of
``interactive computer service'' in section 230(f)(2), such as
the entity hosting the third party's web site. New section
157(c) is only intended to clarify that the new domain
registry, registrars, and entities under contract to the
registry would also fall within the scope of section 230(c)
protections.
New section 157(c) is intended to shield the ``.kids.us''
registry, registrars, and parties who contract with the
registry, from liability based on self-policing efforts to
intercept and take down material that is not ``suitable for
minors'' or is ``harmful to minors.'' The Committee notes that
ISPs have successfully defended many lawsuits using section
230(c). The courts have correctly interpreted section 230(c),
which was aimed at protecting against liability for such claims
as negligence (See, e.g., Doe v. America Online, 783 So.2d 1010
(Fla. 2001)) and defamation (Ben Ezra, Weinstein, and Co. v.
America Online, 206 F.3d 980 (2000); Zeran v. America Online,
129 F.3d 327 (1997)). The Committee intends these
interpretations of section 230(c) to be equally applicable to
those entities covered by H.R. 3833.
New section 157(d) requires the NTIA to carry out a program
to publicize the availability of the ``.kids.us'' domain and to
educate parents about filtering and blocking technologies that
can be used in conjunction with the new domain to provide a
safe environment for children on the Internet. The Committee
expects that the NTIA will fulfill this obligation by
advertising the new domain on its website, incorporating the
availability of the website into speeches, and drafting and
distributing pamphlets to schools, libraries, and parents.
New section 157(e) requires the new domain registry to,
within 30 days of the new domain becoming publicly accessible,
consult with appropriate federal government agencies regarding
steps that can be taken to prevent minors from being targeted
for predatory behavior, exploitation, or other illegal actions.
The Committee expects the new domain registry will also
communicate with children's organizations, including the
National Center for Missing and Exploited Children, among
others, to make the new domain as safe as possible for minors.
Under new section 157(e), the new domain registry must take
such actions as may be necessary to prevent the targeting of
minors for illegal purposes.
New section 157(f) requires the new domain registry to
prepare an annual compliance report, detailing the registry's
monitoring and enforcement procedures, to be submitted to the
Committee on Energy and Commerce of the U.S. House of
Representatives and the Committee on Commerce, Science, and
Transportation of the U.S. Senate.
New section 157(g)(1)(A) deals with consumer acceptance of
the new domain. The Committee expects that the ``.us'' country
code will be remarkably profitable, and also expects the
``.kids.us'' domain to be successful. The Committee recognizes,
however, that the ``.kids.us'' domain could pose a potential
financial drain on the registry should consumer acceptance be
slow. If the new domain registry can make a good faith showing
to the NTIA that it suffers ``extreme financial hardship'' in
the operation of the new domain, the registry may relinquish
the right to operate and maintain the new domain. Should the
``.kids.us'' registry elect to relinquish the new domain, the
NTIA shall select a subcontractor to operate and maintain the
new domain under a competitive bidding process. For purposes of
this bill, a subcontractor of the ``.kids.us'' domain will have
all of the rights and duties of the registry under the bill,
but shall not include the technical maintenance of the new
domain. ``Extreme financial hardship'' is defined in new
section 157(g)(1)(B) as the costs of operating and maintaining
the new domain exceeding the revenues generated by registrants
by more than 25 percent for a period of more than six (6)
consecutive quarters, following the first year of operation.
New section 157(g)(2) sets forth the competitive bid
process for the NTIA's selection of a subcontractor for the new
domain. The selection process shall begin and end not later
than 120 days after the new domain registry elects to
relinquish the ``.kids.us'' domain for ``extreme financial
hardship.'' The NTIA must provide adequate notice to
prospective applicants of the opportunity to submit an
application and the criteria used to select the subcontractor.
The selection criteria must be written and objective and must
ensure that the new domain is operated and maintained under the
requirements of new section 157(b) and that the subcontractor
selected is the most capable and qualified to operate and
maintain the new domain. Not more than 60 days after the
conclusion of the period for submission of applications, the
NTIA must review and apply the selection criteria to each
application and, based on that criteria, select an application
and award to the applicant a subcontract to operate and
maintain the new domain. If the NTIA fails to find a
subcontractor pursuant to this process, the NTIA shall permit
the registry to cease operation of the ``.kids.us'' domain.
New section 157(h) allows the NTIA, upon its own review or
a good faith petition by the registry, to suspend operation of
the ``.kids.us'' domain if the new domain cannot be operated as
it was intended. The Committee intends the new domain to be a
safe space on the Internet for children. However, there is no
guarantee that ``.kids.us'' will prevent all inappropriate and
harmful content. Although some seepage of inappropriate content
into the new domain may be inevitable, H.R. 3833 is designed to
ensure that such harmful content is removed as soon as
practicable. This provision is not applicable for such
occasional occurrences. New section 157(h) is designed to
suspend the operation of the new domain should it become so
populated with harmful and inappropriate content that it no
longer is a place suitable for children under the age of 13.
The Committee expects this to be used sparingly, as an effort
of last resort.
New section 157(i) contains the definitions for the bill.
New section 157(i)(1) defines ``harmful to minors'' as material
that (A) the average person, applying contemporary community
standards, would find, taking the material as a whole and with
respect to minors, that it is designed to appeal to, or is
designed to pander to, the prurient interest; (B) the material
depicts, describes, or represents, in a manner patently
offensive with respect to minors, 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, the
material lacks serious, literary, artistic, political, or
scientific value for minors.
This definition of ``harmful to minors'' was taken from the
``harmful to minors'' test set forth by the U.S. Supreme Court
in Ginsberg v. New York, 390 U.S. 629 (1968), as modified by
Miller v. California, 413 U.S. 15 (1973) in identifying
``patently offensive'' material. H.R. 3833 mirrors many of the
state laws already in place that have been upheld by the
Supreme Court. The Committee intends for the definition of
harmful to minors to parallel the Ginsberg and Miller
definitions of obscenity and harmful to minors, as those
definitions were later refined in Smith v. U.S., 431 U.S. 291
(1977) and Pope v. Illinois, 481 U.S. 497 (1987).
The Committee further recognizes that the applicability of
community standards in the context of the World Wide Web is
difficult. However, it is an ``adult'' standard, rather than a
``geographic'' standard, and one that is reasonably constant
among adults in America with respect to what is inappropriate
for children under 13 years of age.
New section 157(i)(2) defines ``minor'' as any person under
13 years of age.
New section 157(i)(3) defines ``suitable for minors'' as
material that (A) is not psychologically or intellectually
inappropriate for minors, and (B) serves (i) the educational,
informational, intellectual, or cognitive needs of minors; or
(ii) the social, emotional, or entertainment needs of minors.
This definition is a combination of language from the Supreme
Court case of Board of Education v. Pico, 457 U.S. 853 (1982)
and the Children's Television Act of 1990 (47 U.S.C. Sec. 303
et seq.) and its regulations (47 CFR part 73.671). The
Committee believes that this definition of ``suitable for
minors'' is broad enough to include programming that is healthy
for children and is attractive to children. Moreover, this
definition is narrowly tailored to preclude Constitutional
vagueness concerns.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
ORGANIZATION ACT
* * * * * * *
TITLE I--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
PART A--ORGANIZATION AND FUNCTIONS
* * * * * * *
SEC. 103. ESTABLISHMENT; ASSIGNED FUNCTIONS.
(a) * * *
(b) Assigned Functions.--
(1) * * *
* * * * * * *
(3) Additional communications and information
functions.--In addition to the functions described in
paragraph (2), the Secretary under paragraph (1)--
(A) may assign to the NTIA the performance of
functions under section 504(a) of the
Communications Satellite Act of 1962 (47 U.S.C.
753(a)); [and]
(B) shall assign to the NTIA the
administration of the Public Telecommunications
Facilities Program under sections 390 through
393 of the Communications Act of 1934 (47
U.S.C. 390-393), and the National Endowment for
Children's Educational Television under section
394 of the Communications Act of 1934 (47
U.S.C. 394)[.]; and
(C) shall assign to the NTIA responsibility
for providing for the establishment, and
overseeing operation, of a second-level
Internet domain within the United States
country code domain in accordance with section
157.
* * * * * * *
PART C--SPECIAL AND TEMPORARY PROVISIONS
* * * * * * *
SEC. 157. CHILD-FRIENDLY SECOND-LEVEL INTERNET DOMAIN.
(a) Responsibilities.--The NTIA shall require the registry
selected to operate and maintain the United States country code
Internet domain to establish, operate, and maintain a second-
level domain within the United States country code domain that
provides access only to material that is suitable for minors
and not harmful to minors (in this section referred to as the
``new domain'').
(b) Conditions of Contract Renewal.--The NTIA may not renew
any contract to operate and maintain the domain with the
initial registry, or enter into or renew any such contract with
any successor registry, unless such registry enters into an
agreement with the NTIA, during the 90-day period beginning
upon the date of the enactment of the Dot Kids Implementation
and Efficiency Act of 2002 in the case of the initial registry
or during the 90-day period after selection in the case of any
successor registry, as applicable, which provides for the
registry to carry out, and the new domain operates pursuant to,
the following requirements:
(1) Written content standards for the new domain,
except that the NTIA shall not have any authority to
establish such standards.
(2) Written agreements with each registrar for the
new domain that ensure use of the new domain is in
accordance with the standards and requirements of the
registry.
(3) Written agreements with registrars, which shall
require registrars to enter into written agreements
with registrants, to use the new domain in accordance
with the standards and requirements of the registry.
(4) Rules and procedures for enforcement and
oversight that minimize the possibility that the new
domain provides access to content that is not in
accordance with the standards and requirements of the
registry.
(5) A process for removing from the new domain any
content that is not in accordance with the standards
and requirements of the registry.
(6) A process to provide registrants to the new
domain with an opportunity for a prompt, expeditious,
and impartial dispute resolution process regarding any
material of the registrant excluded from the new
domain.
(7) Continuous and uninterrupted service for the new
domain during any transition to a new registry selected
to operate and maintain the United States country code
domain.
(8) Procedures and mechanisms to promote the accuracy
of contact information submitted by registrants and
retained by registrars in the new domain.
(9) Operationality of the new domain not later than
one year after the date of the enactment of the Dot
Kids Implementation and Efficiency Act of 2002.
(10) Written agreements with registrars, which shall
require registrars to enter into written agreements
with registrants, to prohibit two-way and multiuser
interactive services in the new domain, unless the
registrant certifies to the registrar that such service
will be offered in compliance with the content
standards established pursuant to paragraph (1) and
does not compromise the safety or security of minors.
(11) Written agreements with registrars, which shall
require registrars to enter into written agreements
with registrants, to prohibit hyperlinks in the new
domain that take new domain users outside of the new
domain.
(12) Any other action that the NTIA considers
necessary to establish, operate, or maintain the new
domain in accordance with the purposes of this section.
(c) Treatment of Registry and Other Entities.--
(1) In general.--Only to the extent that such
entities carry out functions under this section, the
following entities are deemed to be interactive
computer services for purposes of section 230(c) of the
Communications Act of 1934 (47 U.S.C. 230(c)):
(A) The registry that operates and maintains
the new domain.
(B) Any entity that contracts with such
registry to carry out functions to ensure that
content accessed through the new domain
complies with the limitations applicable to the
new domain.
(C) Any registrar for the registry of the new
domain that is operating in compliance with its
agreement with the registry.
(2) Savings provision.--Nothing in paragraph (1)
shall be construed to affect the applicability of any
other provision of title II of the Communications Act
of 1934 to the entities covered by subparagraph (A),
(B), or (C) of paragraph (1).
(d) Education.--The NTIA shall carry out a program to
publicize the availability of the new domain and to educate the
parents of minors regarding the process for utilizing the new
domain in combination and coordination with hardware and
software technologies that provide for filtering or blocking.
The program under this subsection shall be commenced not later
than 30 days after the date that the new domain first becomes
operational and accessible by the public.
(e) Coordination With Federal Government.--The registry
selected to operate and maintain the new domain shall--
(1) consult with appropriate agencies of the Federal
Government regarding procedures and actions to prevent
minors and families who use the new domain from being
targeted by adults and other children for predatory
behavior, exploitation, or illegal actions; and
(2) establish such procedures and take such actions
as may be necessary to prevent such targeting.
The consultations, procedures, and actions required under this
subsection shall be commenced not later than 30 days after the
date that the new domain first becomes operational and
accessible by the public.
(f) Compliance Report.--The registry shall prepare, on an
annual basis, a report on the registry's monitoring and
enforcement procedures. The registry shall submit each such
report, setting forth the results of the review of its
monitoring and enforcement procedures, to the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
(g) Selection of Registry.--
(1) Withdrawal of registry.--
(A) In general.--Upon a good faith showing by
the registry of the new domain to the NTIA of
extreme financial hardship in the operation of
the new domain, the registry may elect to
relinquish the right to operate and maintain
the new domain. If the registry elects to
relinquish such right, the NTIA shall select a
subcontractor to operate and maintain the new
domain under the competitive bidding process
established pursuant to paragraph (2). The
subcontractor shall have all of the rights and
duties specified under this Act, except that
such duties shall not include the technical
maintenance of the new domain.
(B) Extreme financial hardship.--For purposes
of this paragraph, the term ``extreme financial
hardship'' means that the costs of operating
and maintaining the new domain exceed the
revenues generated from registrants by more
than 25 percent for a period of more than 6
consecutive quarters, following the first year
of operation.
(2) Competitive bid selection process.--The NTIA
shall establish a process for soliciting applications
and choosing a subcontractor to operate and maintain
the new domain pursuant to paragraph (1), which process
shall comply with the following requirements:
(A) Timing.--The selection process shall
commence and complete not later than 120 days
after the registry elects to relinquish the new
domain for extreme financial hardship.
(B) Notice.--The selection process shall
provide adequate notice to prospective
applicants of--
(i) the opportunity to submit such an
application; and
(ii) the criteria for selection under
subparagraph (C).
(C) Criteria.--The selection shall be made
pursuant to written, objective criteria
designed to ensure--
(i) that the new domain is operated
and maintained in accordance with the
requirements under subsection (b); and
(ii) that the subcontractor selected
to operate and maintain the new domain
is the applicant most capable and
qualified to do so.
(D) Review.--Not more than 60 days after the
conclusion of the period established for
submission of applications, the NTIA shall--
(i) review and apply the selection
criteria established under subparagraph
(C) to each application submitted; and
(ii) based upon such criteria and
subject to submission of an application
meeting such criteria, select an
application and award to the applicant
a subcontract for the operation and
maintenance of the new domain.
(E) Failure to find subcontractor.--If the
NTIA fails to find a suitable subcontractor
pursuant to the process under this paragraph,
the NTIA shall permit the registry to cease
operation of the new domain.
(h) Suspension of New Domain.--If the NTIA finds, pursuant to
its own review or upon a good faith petition by the registry,
that the new domain is not serving its intended purpose, the
NTIA shall instruct the registry to suspend operation of the
new domain until such time as the NTIA determines that the new
domain can be operated as intended.
(i) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Harmful to minors.--The term ``harmful to
minors'' means, with respect to material, that--
(A) the average person, applying contemporary
community standards, would find, taking the
material as a whole and with respect to minors,
that it is designed to appeal to, or is
designed to pander to, the prurient interest;
(B) the material 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, the material lacks
serious, literary, artistic, political, or
scientific value for minors.
(2) Minor.--the term ``minor'' means any person under
13 years of age.
(3) Suitable for minors.--The term ``suitable for
minors'' means, with respect to material, that it--
(A) is not psychologically or intellectually
inappropriate for minors; and
(B) serves--
(i) the educational, informational,
intellectual, or cognitive needs of
minors; or
(ii) the social, emotional, or
entertainment needs of minors.