S.652 Telecommunications Act of 1996 (Enrolled Bill (Sent to President)) TITLE V--OBSCENITY AND VIOLENCE Subtitle A--Obscene, Harassing, and Wrongful Utilization of Telecommunications Facilities SEC. 501. SHORT TITLE. This title may be cited as the `Communications Decency Act of 1996'. SEC. 502. OBSCENE OR HARASSING USE OF TELECOMMUNICATIONS FACILITIES UNDER THE COMMUNICATIONS ACT OF 1934. Section 223 (47 U.S.C. 223) is amended-- (1) by striking subsection (a) and inserting in lieu thereof: `(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.'; and (2) by adding at the end the following new subsections: `(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.