[107th Congress Public Law 317]
[From the U.S. Government Printing Office]
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[DOCID: f:publ317.107]
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DOT KIDS IMPLEMENTATION AND EFFICIENCY ACT OF 2002
[[Page 116 STAT. 2766]]
Public Law 107-317
107th Congress
An Act
To facilitate the creation of a new, <<NOTE: Dec. 4, 2002 - [H.R.
3833]>> 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Dot Kids Implementation and
Efficiency Act of 2002.>> assembled,
SECTION 1. <<NOTE: 47 USC 901 note.>> SHORT TITLE.
This Act may be cited as the ``Dot Kids Implementation and
Efficiency Act of 2002''.
SEC. 2. <<NOTE: 47 USC 941 note.>> 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
[[Page 116 STAT. 2767]]
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 Internet 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. <<NOTE: 47 USC 941.>> 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
[[Page 116 STAT. 2768]]
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 Contracts.--
``(1) Initial registry.--The NTIA shall not exercise any
option periods under any contract between the NTIA and the
initial registry to operate and maintain the United States
country code Internet domain unless the initial registry agrees,
during the 90-day period beginning upon the date of the
enactment of the Dot Kids Implementation and Efficiency Act of
2002, to carry out, and to operate the new domain in accordance
with, the requirements under subsection (c). Nothing in this
subsection shall be construed to prevent the initial registry of
the United States country code Internet domain from
participating in the NTIA's process for selecting a successor
registry or to prevent the NTIA from awarding, to the initial
registry, the contract to be successor registry subject to the
requirements of paragraph (2).
``(2) Successor registries.--The NTIA shall not enter into
any contract for operating and maintaining the United States
country code Internet domain with any successor registry unless
such registry enters into an agreement with the NTIA, during the
90-day period after selection of such registry, that provides
for the registry to carry out, and the new domain to operate in
accordance with, the requirements under subsection (c).
``(c) Requirements of New Domain.--The registry and new domain shall
be subject 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 require that 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 new domain or 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.
[[Page 116 STAT. 2769]]
``(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 is designed to reduce the risk of exploitation of minors
using such two-way and multiuser interactive services.
``(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.
``(d) Option Periods for Initial Registry.--The NTIA shall grant the
initial registry the option periods available under the contract between
the NTIA and the initial registry to operate and maintain the United
States country code Internet domain if, and may not grant such option
periods unless, the NTIA finds that the initial registry has
satisfactorily performed its obligations under this Act and under the
contract. Nothing in this section shall preempt or alter the NTIA's
authority to terminate such contract for the operation of the United
States country code Internet domain for cause or for convenience.
``(e) 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).
``(f) 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. <<NOTE: Deadline.>> 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.
``(g) Coordination With Federal Government.--The registry selected
to operate and maintain the new domain shall--
[[Page 116 STAT. 2770]]
``(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) based upon the consultations conducted pursuant to
paragraph (1), establish such procedures and take such actions
as the registry may deem necessary to prevent such targeting.
The <<NOTE: Deadline.>> 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.
``(h) Compliance <<NOTE: Deadline.>> Report.--The registry shall
prepare, on an annual basis, a report on the registry's monitoring and
enforcement procedures for the new domain. The registry shall submit
each such report, setting forth the results of the review of its
monitoring and enforcement procedures for the new domain, to the
Committee on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate.
``(i) 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.
``(j) 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) Registry.--The term `registry' means the registry
selected to operate and maintain the United States country code
Internet domain.
``(4) Successor registry.--The term `successor registry'
means any entity that enters into a contract with the NTIA to
operate and maintain the United States country code Internet
domain that covers any period after the termination or
expiration of the contract to operate and maintain the United
States country code Internet domain, and any option periods
under such contract, that was signed on October 26, 2001.
``(5) Suitable for minors.--The term `suitable for minors'
means, with respect to material, that it--
[[Page 116 STAT. 2771]]
``(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.''.
Approved December 4, 2002.
LEGISLATIVE HISTORY--H.R. 3833:
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HOUSE REPORTS: No. 107-449 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 148 (2002):
May 21, considered and passed House.
Nov. 13, considered and passed Senate, amended.
Nov. 14, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Dec. 4, Presidential remarks.
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