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Children's Internet Protection Act
E-Rate Definitions, FCC Regulations, Funds for Filters (c) DEFINITIONS.--Paragraph (7) of such section, as redesignated by subsection (a)(1) of this section, is amended by adding at the end the following: (D) MINOR.--The term 'minor' means any individual who has not attained the age of 17 years. (E) OBSCENE.--The term 'obscene' has the meaning given such term in section 1460 of title 18, United States Code. (F) CHILD PORNOGRAPHY.--The term 'child pornography' has the meaning given such term in section 2256 of title 18, United States Code. (G) HARMFUL TO MINORS.--The term 'harmful to minors' means any picture, image, graphic image file, or other visual depiction that --
(ii) depicts, describes, or represents, in a patently offensive way with respect to what is suit able for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and (iii) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors. (H) SEXUAL ACT; SEXUAL CONTACT.--The terms 'sexual act' and 'sexual contact' have the meanings given such terms in section 2246 of title 18, United States Code. (I) TECHNOLOGY PROTECTION MEASURE.--The term 'technology protection measure' means a specific technology that blocks or filters Internet access to the material covered by a certification under paragraph (5) or (6) to which such certification relates.". (d) CONFORMING AMENDMENT.-- Paragraph (4) of such section is amended by striking "paragraph (5)(A)" and inserting "paragraph (7)(A)". (e) SEPARABILITY.--If any provision of paragraph (5) or (6) of section 254(h) of the Communications Act of 1934, as amended by this section, or the application thereof to any person or circumstance is held invalid, the remainder of such paragraph and the application of such paragraph to other persons or circumstances shall not be affected thereby. (f) REGULATIONS. -- (1) REQUIREMENT.--The Federal Communications Commission shall prescribe regulations for purposes of administering the provisions of paragraphs (5) and (6) of section254(h) of the Communications Act of 1934, as amended by this section. (2) DEADLINE.--Notwithstanding any other provision of law, the Commission shall prescribe regulations under paragraph (1) so as to ensure that such regulations take effect 120 days after the date of the enactment of this Act. (g) AVAILABILITY OF CERTAIN FUNDS FOR ACQUISITION OF TECHNOLOGY PROTECTION MEASURES. (1) IN GENERAL.-- Notwithstanding any other provision of law, funds available under section 3134 or part A of title VI of the Elementary and Secondary Education Act of 1965, or under section 231 of the Library Services and Technology Act, may be used for the purchase or acquisition of technology protection measures that are necessary to meet the requirements of this title and the amendments made by this title. No other sources of funds for the purchase or acquisition of such measures are authorized by this title, or the amendments made by this title. (2) TECHNOLOGY PROTECTION MEASURE DEFINED.--In this section, the term "technology protection measure" has the meaning given that term in section 1703. (h) EFFECTIVE DATE.--The amendments made by this section shall take effect 120 days after the date of the enactment of this Act. |
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