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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)".
SEC. 1405. STUDY BY COMMISSION ON ONLINE CHILD PROTECTION.
(a) ESTABLISHMENT.-There 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;
(F) 2 members who are academic experts in the field of technology; and
(G) 4 members who are engaged in the business of making content available over the Internet. Of the members of the Commission by reason of each subparagraph of this paragraph, an equal number shall be appointed by the Speaker of the House of Representatives and by the Majority Leader of the Senate.
(2) EX OFFICIO MEMBERS.-The Commission shall include the following officials:
(A) The Assistant Secretary (or the Assistant Secretary's designee).
(B) The Attorney General (or the Attorney General's designee).
(C) The Chairman of the Federal Trade Commission (or the Chairman's designee).
(c) STUDY.-
(1) IN GENERAL.-The Commission shall conduct a study to identify technological or other methods that-
(A) will help reduce access by minors to material that is harmful to minors on the Internet; and
(B) may meet the requirements for use as affirmative defenses for purposes of section 231(c) of the Communications Act of 1934 (as added by this title). Any methods so identified shall be used as the basis for making legislative recommendations to the Congress under subsection (d)(3).
(2) SPECIFIC METHODS.-In carrying out the study, the Commission shall identify and analyze various technological tools and methods for protecting minors from material that is harmful to minors, which shall include (without limitation)-
(A) a common resource for parents to use to help protect minors (such as a "one-click-away" resource);
(B) filtering or blocking software or services;
(C) labeling or rating systems;
(D) age verification systems;
(E) the establishment of a domain name for posting of any material that is harmful to minors; and
(F) any other existing or proposed technologies or methods for reducing access by minors to such material.
(3) ANALYSIS.-In analyzing technologies and other methods identified pursuant to paragraph (2), the Commission shall examine-
(A) the cost of such technologies and methods;
(B) the effects of such technologies and methods on law enforcement entities;
(C) the effects of such technologies and methods on privacy;
(D) the extent to which material that is harmful to minors is globally distributed and the effect of such technologies and methods on such distribution;
(E) the accessibility of such technologies and methods to parents; and
(F) such other factors and issues as the Commission considers relevant and appropriate.
(d) REPORT.-Not later than 1 year after the enactment of this Act, the Commission shall submit a report to the Congress containing the results of the study under this section, which shall include-
(1) a description of the technologies and methods identified by the study and the results of the analysis of each such technology and method;
(2) the conclusions and recommendations of the Commission regarding each such technology or method;
(3) recommendations for legislative or administrative actions to implement the conclusions of the committee; and
(4) a description of the technologies or methods identified by the study that may meet the requirements for use as affirmative defenses for purposes of section 231(c) of the Communications Act of 1934 (as added by this title).
(e) STAFF AND RESOURCES.-The Assistant Secretary for Communication and Information of the Department of Commerce shall provide to the Commission such staff and resources as the Assistant Secretary determines necessary for the Commission to perform its duty efficiently and in accordance with this section.
(f) TERMINATION.-The Commission shall terminate 30 days after the submission of the report under subsection (d).
(g) INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.-The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.
SEC. 1406. EFFECTIVE DATE.
This title and the amendments made by this title shall take effect 30 days after the date of enactment of this Act.
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