Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Path: utzoo!watmath!clyde!burl!ulysses!gamma!epsilon!zeta!sabre!petrus!bellcore!decvax!linus!philabs!cmcl2!seismo!lll-crg!lll-lcc!dual!ptsfa!gilbbs!mc68020 From: mc68020@gilbbs.UUCP (Tom Keller) Newsgroups: net.followup Subject: Re: US Senate bill on computer-transmitted obscenity Message-ID: <32@gilbbs.UUCP> Date: Wed, 5-Mar-86 16:25:37 EST Article-I.D.: gilbbs.32 Posted: Wed Mar 5 16:25:37 1986 Date-Received: Sat, 8-Mar-86 21:57:12 EST References: <228@bu-cs.UUCP> <279@hadron.UUCP> Organization: Gil's Place, Santa Rosa CA Lines: 138 Keywords: porn, child abuse, network Summary: S.1305 text... In article <279@hadron.UUCP>, jsdy@hadron.UUCP (Joseph S. D. Yao) writes: > [Note that I still haven't read the bill, and so it could be still > different from what the expanded notice makes of it.] S.1305 A BILL To amend title 18, Unitd States Code, to establish criminal penalties for the transmission by computer of obscene matter, or by computer or other means, of matter pertaining to the sexual exploitation of children, and for other purposes. _Be it enacted by the Seante and House of Representatives of the United States of America in Congress assembled,_ That this Act may be cited as the "Computer Pornography and Child Exploitation Act of 1985". Sec. 2. Section 1462 if title 18, UNited States Code, is amended by- (1) inserting after subsection (c) the following: "(d) any obscene, lewd, lascivious, or filthy writing, description, picture, or other matter entered, stored, or transmitted by or in a computer; or "Whoever knowingly owns, offers, provides, or operates any computer program or servide having a reasonable cause to believe that the computer program or service is being used to transmit in interstate or foreign commerce any matter the carriage of which is herein made unlawful; or"; and (2) inserting at the end thereof the following: "For purposes of this section - "(1) the term 'computer' means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or oprating in conjunction with such device; "(2) the term 'computer program' means an instruction or statement or a series of instructions or statements in a form acceptable to a computer which permits the functioning of a computer system in a manner designed to provide apporpriate products from such computer system; "(3) the term 'computer service' includes computer time, data processing, and storage functions; and "(4) the term 'computer system' means a set of related connected or unconnected computers, computer equipment, devices and software.". Sec. 3. (a) Section 2251 of title 18, United States Code, is amended - (1) in subsection (a) by striking out "subsection (c)" and inserting in lieu thereof "subsection (d)"; (2) in subsection (b) by striking out "subsection (c)" and inserting in lieu thereof "subsection (d)"; (3) by redesignating subsection (c) as subsection (d); and (4) by inserting after subsection (b) the following new subsection: "(c) Any person who knowingly enters into or transmits by means of computer, or makes, prints, publishes, or reproduces by other means, or knowingly causes or allows to be entered into or transmitted by means of computer, or made, printed published or reproduced by any means - "(1) any notice, statement or advertisement; or "(2) any minor's name, telephone number, place of residence, physical characteristics, or other descriptive or identification, for purposes of facilitating, encouraging, offering or soliciting sexually explicit conduct of or with any minor, or the visual depiction of such conduct, shall be punished as provided in subsection (d) of this section, if such person knows, or has reason to know that such notice, statement, advertisement, or descriptive or identifying information will be transported in interstate or foreign commerce or mailed, or if such information has actually been transported in interstate or foreign commerce or mailed.". Sec. 4. Section 2252 of title 18, UNited States Code, is amended - (1) in subsection (a) by striking out "subsection (b) and inserting in lieu thereof "subsection (c)"; (2) by redesignating subsection (b) as subsection (c); (3) by inserting after subsection (a) the following new subsection: "(b) Any person who knowingly enters into or transmits by means of computer, or makes, prints, publishes, or reproduces by other means, or knowingly causes or allows to be entered into or transmitted by means of computer, or made, printed, published, or reproduced by other means any notice, statement, or advertisement to buy, sell, receive, exchange, or disseminate any visual depiction, if - "(1) the producing of such a visual depiction involves the use of a minor engaging in sexually explicit conduct; and "(2) such visual depiction is of such conduct; shall be punished as provided under subsection (c), of this section, if such person knows or has reason to know that such notice, statement, or advertisement will be transported in interstate or foreign commerce or mailed, or if such notice, statement, or advertisement has actually been transported in interstate or foreign commerce or mailed.". Sec.5. Section 2255 of title 18, UNited States Code, is amended by adding at the end thereof the following new paragraph: "(5) 'computer' means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, artihmetic, or storage functions, and includes any data storage facility directly related to or operating in conjunction with such device.". Sorry for the long entry, but I thought folks might like to see the text of the bill. -- ==================================== Disclaimer: I hereby disclaim and and all responsibility for disclaimers. tom keller {ihnp4, dual}!ptsfa!gilbbs!mc68020 (* we may not be big, but we're small! *)