Bill Name: Cyber Safety for Kids Act of 2007
Bill Description: A BILL
To provide stronger protections to parents regarding their children's access to sexually explicit material over the Internet.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Cyber Safety for Kids Act of 2007'.

SEC. 2. PROHIBITION ON COMMERCIAL WEBSITES CONTAINING MATERIAL THAT IS HARMFUL TO MINORS.

(a) In General- No person who operates a website located on the Internet where such website is primarily operated for commercial purposes may knowingly, and with knowledge of the character of the material, place material that is harmful to minors on such website unless--

(1) the home page, or any other page or screen that is initially viewable by a visitor to such website, does not include any material that is harmful to minors;

(2) access to any such material is restricted to a specific set of individuals through an age verification requirement; and

(3) the source code of such website contains the content description tag assigned to such website by the National Telecommunications and Information Administration.

(b) NTIA Description Tag- Not later than 90 days after the date of enactment of this Act, the National Telecommunications and Information Administration shall develop a common content description tag that--

(1) will provide consumers with advance warning and information about the content of any website that contains material that is harmful to minors;

(2) will allow consumers, based on such tag, to block or filter access to, and display of, any website that contains material that is harmful to minors; and

(3) is technologically capable of being embedded into the source code a website.

SEC. 3. REGISTRATION REQUIREMENTS.

(a) In General- Any operator of a website who seeks to register such website, or who is required to re-register any existing website with ICANN, shall, at a minimum and in addition to any other information required by ICANN, provide to ICANN the following:

(1) The name of such operator.

(2) The Uniform Resource Locator or URL for such website.

(3) The Internet Protocol address for such website.

(4) The content description tag of such website under section 2(b).

(b) NTIA Action Required- Not later than 30 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the National Telecommunications and Information Administration, shall--

(1) enter into any memorandums of understanding, agreements, and contracts with ICANN, as may be necessary to carry out the requirement under subsection (a); and

(2) make any amendments to any existing memorandums of understandings, agreements, and contracts with ICANN, as may be necessary to carry out the requirement under subsection (a).

SEC. 4. ENFORCEMENT.

(a) Violation- Any person who violates this Act shall be subject to such civil penalties as the Secretary of Commerce shall prescribe.

(b) Enforcement- The Secretary of Commerce shall have the power to enforce the provisions of this Act, including--

(1) any requirements or limitations applicable to a registrant under section 3; and

(2) the imposition and collection of civil penalties under subsection (a).

SEC. 5. DEFINITIONS.

In this Act, the following definitions shall apply:

(1) ICANN- The term `ICANN' means the Internet Corporation for Assigned Names and Numbers.

(2) INTERNET- The term `Internet' means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol or any successor protocol to transmit information.

(3) MATERIAL THAT IS HARMFUL TO MINORS- The term `material that is harmful to minors' means any communication, picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene, or that a reasonable person would find--

(A) 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--

(i) an actual or simulated sexual act or sexual contact;

(ii) an actual or simulated normal or perverted sexual act; or

(iii) a lewd exhibition of the genitals or post-pubescent female breast; and

(C) taking the material as a whole, lacks serious literary, artistic, political, or scientific value for minors.

(4) MINOR- The term `minor' means any person under 18 years of age.

(5) SOURCE CODE- The term `source code' means the combination of text and other characters comprising the content, both viewable and non-viewable, of a webpage, including any--

(A) website publishing language;

(B) programming language;

(C) protocol or functional content; and

(D) successor languages or protocols.

(6) TAG- The term `tag' means a descriptive keyword or term associated with or assigned to a piece of information (such as a picture, article, or video clip), that--

(A) describes such information; and

(B) enables keyword-based classification and filtering of such information as required under this Act.

(7) WEBSITE- The term `website' means any collection of material placed in a computer server-based file archive so that it is publicly accessible over the Internet using hypertext transfer protocol, or any successor protocol.

Respectfully submitted,

Sen. valiant2 (D-CO)

Co-sponsors:

Rep. nvnf (D-NY)
Rep. nicvaliant (D-MA)
Rep. nic2 (R-TX)
Rep. nicvaliant2 (R-CA)
Bill Author: valiant2 (D-CO)
Aye: 70
Nay: 21
Present: 5

Senators voting Aye:
Scott (R-AL)
Ralph Alan (R-AL)
Matthew Faustini A1 (R-AK)
Addison McConnell (R-AK)
hefman08 (D-AZ)
Beth Ariane (D-AR)
Nate The OK (D-AR)
Eduardo Ramirez (D-CA)
Mitch Davis (R-CO)
Elvish Magi (D-FL)
Christopher Richards (D-FL)
Reaper (D-GA)
elmo (R-GA)
bigonesen5 (D-HI)
Matthew Faustini ID2 (R-ID)
Marq'd4Death2 (R-ID)
It'sbucket (R-IN)
Marq'd4Death3 (R-IN)
ZapR (R-IA)
Senor Needles (R-IA)
Eddie N Mason (R-KS)
Nasil Mason (R-KS)
FVPIX (R-KY)
Zap Rowsdower. (R-KY)
Drew Brees (R-LA)
M. Broussard (R-LA)
Crimson Maine (R-ME)
Krispy (D-MD)
Ben Cardin (D-MD)
Mike Bond MI (D-MI)
Angela Merkel (R-MS)
Quien es (D-MS)
Crimson Cardinal, Jr. (R-MO)
Solus Ignis XXIII (R-MT)
elpmet (D-NE)
DeRoyalgop (R-NE)
UsamaBinForgotted (D-NV)
Kat Scratch Fever (R-NV)
Jed Bartlet (D-NH)
Martin (R-NH)
Mike Bond NJ (D-NJ)
Ed Diaz (D-NJ)
EldridgeDemNM (D-NM)
Solus del Fuego (R-NM)
Senator Elvish Magi (D-NY)
Stetson Kennedy (D-NC)
Andy Griffith (R-NC)
megapal3.0 (R-ND)
Stryker (D-OH)
dzeggetai returns (R-OH)
Sen Andrew Min OK (R-OK)
VitterOk (R-OK)
John Winters (D-PA)
Frank Rizzo (D-PA)
Robert Ingersol (D-SC)
RedBishop (R-SC)
StinkyBoy (R-SD)
Bill Buckner (R-SD)
FVPXXIV (R-TN)
RoB-TN (R-TN)
dziggetai (R-TX)
Flourish Vanderstock (R-TX)
Sen Andrew Min Ar (R-UT)
Juin (R-UT)
Harry Byrd (D-VA)
southergentleman (R-VA)
Mil Best (R-WI)
Brett Favre (D-WI)
Sox Marshal (R-WY)
The Tick (R-WY)

Senators voting Nay:
Angela Davis (G-CA)
paragon12321 (D-CT)
NebulaState (D-CT)
Joe Biden (G-DE)
Corey D. Bowen VI (C-DE)
Bobby Kennedy (D-IL)
paragon12322 (D-IL)
Miles Porter (D-ME)
Roseanne Connor (G-MA)
Chas Ford (D-MI)
Michael Jay (D-MN)
Michael Jay 2 (D-MN)
Joao MO (D-MO)
NebulaWorld (D-MT)
Chas Wyden (D-OR)
Elos (D-OR)
Tony Benn (D-RI)
Degree1 (D-RI)
Progressivevoice (D-VT)
Progressivevoice jr. (D-VT)
Martin Ogasawara (D-WA)

Senators answering "Present":
Wyatt Earp (D-AZ)
Alice Paul (D-HI)
James B. Weaver (D-NY)
D. Hobson (R-ND)
David Miller (D-WA)

Senators not voting yet:
Tony Brannowich (R-CO)
Michael Schroeder (D-MA)
Ann Baker (R-WV)
Computer (I-WV)