To amend section 223 of the Communications Act of 1934 to repeal amendments on obscene and harassing use of telecommunications facilities made by the Communications Decency Act of 1996... (Introduced in the Senate)

S 213 IS

105th CONGRESS

1st Session

S. 213

To amend section 223 of the Communications Act of 1934 to repeal amendments on obscene and harassing use of telecommunications facilities made by the Communications Decency Act of 1996 and to restore the provisions of such section on such use in effect before the enactment of the Communications Decency Act of 1996.

IN THE SENATE OF THE UNITED STATES

January 28, 1997

Mr. LEAHY (for himself, Mr. FEINGOLD, and Mr. JEFFORDS) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

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A BILL

To amend section 223 of the Communications Act of 1934 to repeal amendments on obscene and harassing use of telecommunications facilities made by the Communications Decency Act of 1996 and to restore the provisions of such section on such use in effect before the enactment of the Communications Decency Act of 1996.

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

SECTION 1. REPEAL OF PROVISIONS ON OBSCENE AND HARASSING USE OF TELECOMMUNICATIONS FACILITIES ENACTED BY COMMUNICATIONS DECENCY ACT OF 1996.

Section 223 of the Communications Act of 1934 (47 U.S.C. 223) is amended by striking subsections (a) and (d) through (h).

SEC. 2. RESTORATION OF PROVISIONS ON OBSCENE AND HARASSING USE OF TELECOMMUNICATIONS FACILITIES IN EFFECT BEFORE COMMUNICATIONS DECENCY ACT OF 1996.

Section 223 of the Communications Act of 1934 (47 U.S.C. 223), as amended by section 1 of this Act, is further amended by inserting before subsection (b) the following new subsection (a):

`(a) Whoever--

`(1) in the District of Columbia or in interstate or foreign communications by means of telephone--

`(A) makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy, or indecent;

`(B) makes a telephone call, whether or not conversation ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number;

`(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, during which conversation ensues, solely to harass any person at the called number; or

`(2) knowingly permits any telephone facility under his control to be used for any purpose prohibited by this section,

shall be fined not more than $50,000 or imprisoned not more than six months, or both.'.