The Communications Decency Act of 1996, 47 U.S.C. 223
(a) 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, lewd, lascivious, filthy, or
indecent, with intent to annoy, 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 indecent, 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 annoy, abuse, threaten,
or harass any person at the called number or who receives the
communications;
(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 person
at the called number or who receives the communication; 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,
shall be fined under title 18, United States Code, or imprisoned not
more than two years, or both.
* * *
(d) Whoever--
(1) in interstate or foreign communications knowingly--
(A) uses an interactive computer service to send to a specific person
or persons under 18 years of age, or
(B) uses any interactive computer service to display in a manner
available to a person under 18 years of age,
any comment, request, suggestion, proposal, image, or other
communication that, in context, depicts or describes, in terms
patently offensive as measured by contemporary community standards,
sexual or excretory activities or organs, regardless of whether the
user of such service placed the call or initiated the communication; or
(2) knowingly permits any telecommunications facility under such
person's control to be used for an activity prohibited by paragraph (1)
with the intent that it be used for such activity,
shall be fined under title 18, United States Code, or imprisoned not more
than two years, or both.
(e) In addition to any other defenses available by law:
(1) No person shall be held to have violated subsection (a) or (d)
solely for providing access or connection to or from a facility,
system, or network not under that person's control, including
transmission, downloading, intermediate storage, access software,
or other related capabilities that are incidental to providing
such access or connection that does not include the creation of
the content of the communication.
(2) The defenses provided by paragraph (1) of this subsection shall
not be applicable to a person who is a conspirator with an entity
actively involved in the creation or knowing distribution of
communications that violate this section, or who knowingly advertises
the availability of such communications.
(3) The defenses provided in paragraph (1) of this subsection shall
not be applicable to a person who provides access or connection to
a facility, system, or network engaged in the violation of this section
that is owned or controlled by such person.
(4) No employer shall be held liable under this section for the actions
of an employee or agent unless the employee's or agent's conduct is
within the scope of his or her employment or agency and the employer
(A) having knowledge of such conduct, authorizes or ratifies such
conduct, or
(B) recklessly disregards such conduct.
(5) It is a defense to a prosecution under subsection (a)(1)(B) or (d),
or under subsection (a)(2) with respect to the use of a facility for an
activity under subsection (a)(1)(B) that a person--
(A) has taken, in good faith, reasonable, effective, and appropriate
actions under the circumstances to restrict or prevent access by
minors to a communication specified in such subsections, which may
involve any appropriate measures to restrict minors from such
communications, including any method which is feasible under
available technology; or
(B) has restricted access to such communication by requiring use of
a verified credit card, debit account, adult access code, or adult
personal identification number.
(6) The Commission may describe measures which are reasonable, effective,
and appropriate to restrict access to prohibited communications under
subsection (d). Nothing in this section authorizes the Commission to
enforce, or is intended to provide the Commission with the authority
to approve, sanction, or permit, the use of such measures. The
Commission shall have no enforcement authority over the failure to
utilize such measures. The Commission shall not endorse specific
products relating to such measures. The use of such measures shall be
admitted as evidence of good faith efforts for purposes of paragraph (5)
in any action arising under subsection (d). Nothing in this section
shall be construed to treat interactive computer services as common
carriers or telecommunications carriers.
(f)(1) 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 section or otherwise to restrict or prevent the transmission
of, or access to, a communication specified in this section.
(2) No State or local government may impose any liability for commercial
activities or actions by commercial entities, nonprofit libraries, or
institutions of education in connection with an activity or action
described in subsection (a)(2) or (d) that is inconsistent with the
treatment of those activities or actions under this section:
Provided, however, That nothing herein shall preclude any State
or local government from enacting and enforcing complementary
oversight, liability, and regulatory systems, procedures, and
requirements, so long as such systems, procedures, and requirements
govern only intrastate services and do not result in the imposition
of inconsistent rights, duties or obligations on the provision of
interstate services. Nothing in this subsection shall preclude any
State or local government from governing conduct not covered by
this section.
(g) Nothing in subsection (a), (d), (e), or (f) or in the defenses to
prosecution under subsection (a) or (d) shall be construed to affect or
limit the application or enforcement of any other Federal law.
(h) For purposes of this section--
(1) The use of the term telecommunications device' in this section--
(A) shall not impose new obligations on broadcasting station
licensees and cable operators covered by obscenity and indecency
provisions elsewhere in this Act; and
(B) does not include an interactive computer service.
(2) The term "interactive computer service" has the meaning provided
in section 230(e)(2).
(3) The term "access software" means software (including client or
server software) or enabling tools that do not create or provide the
content of the communication but that allow a user to do any one or
more of the following:
(A) filter, screen, allow, or disallow content;
(B) pick, choose, analyze, or digest content; or
(C) transmit, receive, display, forward, cache, search, subset,
organize, reorganize, or translate content.
(4) The term "institution of higher education' has the meaning provided
in section 1201 of the Higher Education Act of 1965 (20 U.S.C. 1141).
(5) The term "library" means a library eligible for participation in
State-based plans for funds under title III of the Library Services
and Construction Act (20 U.S.C. 355e et seq.).