TITLE 47.  TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS  
            CHAPTER 5.  WIRE OR RADIO COMMUNICATION  
                         COMMON CARRIERS

                          47 USCS | 223 (1992)

| 223.  Obscene or harassing telephone calls in the District of Columbia 
or in interstate or foreign communications

  Strike all of current Section (a) and insert the following:

        (a) Whoever --

       (1) in the District of Columbia or in interstate or foreign
communications

(A) by means of 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) 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 communication;

(C) makes or causes the telephone of another repeatedly or continuously 
to ring, with intent to harass any person at the called number; or

(D) 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 not more than $100,000 or imprisoned not more than two
years, or both._

         NO CHANGE TO THE DIAL-A-PORN SECTIONS (B) AND (C)

(NOTE: BILL ADDS NEW SECTIONS (d) - (j))
      
 (d) Whoever--
  
   (1) knowingly within the United States or in foreign communications 
with the United States by means of telecommunications device makes or 
makes available any obscene communication in any form including any 
comment, request, suggestion, proposal, image, regardless of whether the 
maker of such communication placed the call or initiated the 
communications; or
 
  (2) knowingly permits any telecommunications facility under such 
person's control to be used for an activity prohibited by subsection 
(d)(1) with the intent that it be used for such activity;

shall be fined not more than $100,000 or imprisoned not more 
than two years or both.


 (e) Whoever--
       
    (1) knowingly within the United States or in foreign communications
with the United States by means of telecommunications device makes or 
makes available any indecent comment, request, suggestion, proposal, 
image to any person under 18 years of age regardless of whether the 
maker of such communication 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 not more than $100,000 or imprisoned not more 
than two years or both.


  (f) Defenses to the subsections (a), (d), and (e), restrictions on
access, judicial remedies respecting restrictions for persons providing
information services and access to information services--
        
            (1) No person shall be held to have violated subsections 
	(a), (d), or (e) solely for providing access or connection to or
     from a facility, system, or network over which that person
     has no control, including related capabilities which are
     incidental to providing access or connection.  This subsection
     shall not be applicatable to an individual who is owned or
     controlled by, or a conspirator with, an entity actively
     involved in the creation, editing or knowing distribution of
     communications which violate this section.
        
            (2) No employer shall be held liable under this section for
     the actions of an employee or agent unless the employee's or
     agent's conduct is within the scope of his employment or agency
     and the employer has knowledge of, authorizes, or ratifies the
     employee's or agent's conduct.
        
            (3) It is a defense to prosecution under subsection (a),  
(d)(2), or (e) that a person has taken reasonable, effective and
appropriate actions in good faith to restrict or prevent the 
transmission of, or access to a communication specified in such 
subsections, or complied with procedures as the Commission may prescribe 
in furtherance of this section.  Until such regulations become 
effective, it is a defense to prosecution that the person has complied 
with the procedures prescribed by regulation pursuant to subsection 
(b)(3).  Nothing in this subsection shall be construed to treat enhanced 
information services as common carriage.

        (4) No cause of action may be brought in any 
     court or any administrative agency against any person on account 
     of any action which in not in violation of any law punishable
     by criminal penalty, which activity the person has taken in good
     faith to implement a defense authorized under this section or 
     otherwise to restrict or prevent the transmission of, or access to,
     a communication specified in this section.

         (g) no state or local government may impose any liability 
     for commercial activities or actions by commercial entities in
     connection with an activity or action which constitutes a violation
     described in subsection (a)(2), (d)(2), or (e)(2) that is
     inconsistent with the treatment of those activities or actions
     under this section provided, however, that nothin herein shall   
     preclude any State or local government from enacting and enforcing  
     complementary oversight, liability, and regulatory systems,    
     procedures, and requirements so long as such systems, procedures, 
     and requirements govern only intrastate services and do not result
     in the imposition of inconsistent rights, duties or obligations on  
     the provision of interstate services.  Nothing in this subsection     
     shall preclude any State or local government from governing conduct 
     not covered by this section.

         
(h) Nothing in subsection (a), (d), (e), or (f) or in the
defenses to prosecution under (a), (d), or (e) shall be construed to 
affect or limit the application or enforcement of any other Federal law.

(i) The use of the term 'telecommunications device' in this section 
shall not impose new obligations on (one-way) broadcast radio or (one-
way) broadcast television operators licensed by the Commission or (one-
way) cable services registered with the Federal Communications 
Commission and covered by obscenity and indecency provisions elsewhere 
in this Act.

(j) Within two years from the date of enactment and every two
years thereafter, the Commission shall report on the effectiveness of 
this section.