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.).