Page:United States Statutes at Large Volume 112 Part 4.djvu/768

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112 STAT. 2681-739 PUBLIC LAW 105-277—OCT. 21, 1998 "(A) the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest; "(B) 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, lacks serious literary, artistic, political, or scientific value for minors. "(7) MINOR.—The term 'minor' means any person under 17 years of age.". SEC. 1404. NOTICE REQUIREMENT. (a) NOTICE.— Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is amended— (1) in subsection (d)(1), by inserting "or 231" after "section 223"; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (3) by inserting after subsection (c) the following new subsection: "(d) OBLIGATIONS OF INTERACTIVE COMPUTER SERVICE.— A provider of interactive computer service shall, at the time of entering an agreement with a customer for the provision of interactive computer service and in a manner deemed appropriate by the provider, notify such customer that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to material that is harmful to minors. Such notice shall identify, or provide the customer with access to information identifying, current providers of such protections.". (b) CONFORMING AMENDMENT.— Section 223(h)(2) of the Communications Act of 1934 (47 U.S.C. 223(h)(2)) is amended by striking "230(e)(2)" and inserting "230(f)(2)". 47 USC 231 note. SEC. 1405. STUDY BY COMMISSION ON ONLINE CHILD PROTECTION. (a) ESTABLISHMENT. —T here is hereby established a temporary Commission to be known as the Commission on Online Child Protection (in this section referred to as the "Commission") for the purpose of conducting a study under this section regarding methods to help reduce access by minors to material that is harmful to minors on the Internet. (b) MEMBERSHIP.— The Commission shall be composed of 19 members, as follows: (1) INDUSTRY MEMBERS.—The Commission shall include— (A) 2 members who are engaged in the business of providing Internet filtering or blocking services or software; (B) 2 members who are engaged in the business of providing Internet access services; (C) 2 members who are engaged in the business of providing labeling or ratings services; (D) 2 members who are engaged in the business of providing Internet portal or search services; (E) 2 members who are engaged in the business of providing domain name registration services;