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Text of the Child Safe Viewing Act of 2007

This bill was enacted after being signed by the President on December 2, 2008. The text of the bill below is as of Mar 3, 2008 (Reported by Senate Committee).

This is not the latest text of this bill.

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Source: GPO

S 602 RS

Calendar No. 588

110th CONGRESS

2d Session

S. 602

[Report No. 110-268]

To develop the next generation of parental control technology.

IN THE SENATE OF THE UNITED STATES

February 15, 2007

Mr. PRYOR (for himself, Mr. MENENDEZ, Mr. KOHL, Mr. DORGAN, and Mr. JOHNSON) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

March 3, 2008

Reported by Mr. INOUYE, with an amendment in the nature of a substitute

[Strike out all after the enacting clause and insert the part printed in italic]


A BILL

To develop the next generation of parental control technology.

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

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

    [Struck out->] This Act may be cited as the `Child Safe Viewing Act of 2007'. [<-Struck out]

[Struck out->] SEC. 2. FINDINGS. [<-Struck out]

    [Struck out->] Congress finds the following: [<-Struck out]

      [Struck out->] (1) Video programming has a direct impact on a child's perception of safe and reasonable behavior. [<-Struck out]

      [Struck out->] (2) Children imitate actions they witness on video programming, including language, drug use, and sexual conduct. [<-Struck out]

      [Struck out->] (3) Studies indicate that the strong appeal of video programming erodes the ability of parents to develop responsible attitudes and behavior in their children. [<-Struck out]

      [Struck out->] (4) The average American child watches 4 hours of television each day. [<-Struck out]

      [Struck out->] (5) Seventy-five percent of adults surveyed believe that television content marketed toward children should be subject to compulsory principles. [<-Struck out]

      [Struck out->] (6) Ninety-nine and nine-tenths percent of all consumer complaints logged by the Federal Communications Commission in the first quarter of 2006 regarding radio and television broadcasting were because of obscenity, indecency, and profanity. [<-Struck out]

      [Struck out->] (7) There is a compelling government interest in empowering parents to limit their children's exposure to harmful television content. [<-Struck out]

      [Struck out->] (8) Section 1 of the Communications Act of 1934 requires the Federal Communications Commission to promote the safety of life and property through the use of wire and radio communications. [<-Struck out]

      [Struck out->] (9) In the Telecommunications Act of 1996, Congress authorized Parental Choice in Television Programming and the V-Chip. Congress further directed action on alternative blocking technology as new video technology advanced. [<-Struck out]

[Struck out->] SEC. 3. EVALUATION OF ALTERNATIVE PARENTAL CONTROL TECHNOLOGIES. [<-Struck out]

    [Struck out->] (a) Rulemaking Proceeding Required- Not later than 120 days after the date of enactment of this Act, the Federal Communications Commission shall initiate a proceeding to consider measures to encourage or require the use of advanced blocking technologies that are compatible with various communications devices or platforms. [<-Struck out]

    [Struck out->] (b) Content of Proceeding- In conducting the proceeding required under subsection (a), the Federal Communications Commission shall consider advanced blocking technologies that-- [<-Struck out]

      [Struck out->] (1) may be appropriate across a wide variety of distribution platforms, including wired, wireless, and Internet platforms; [<-Struck out]

      [Struck out->] (2) may be appropriate across a wide variety of devices capable of transmitting or receiving video or audio programming, including television sets, DVD players, VCRs, cable set top boxes, satellite receivers, and wireless devices; [<-Struck out]

      [Struck out->] (3) can filter language based upon information in closed captioning; [<-Struck out]

      [Struck out->] (4) operate independently of ratings pre-assigned by the creator of such video or audio programming; and [<-Struck out]

      [Struck out->] (5) may be effective in enhancing the ability of a parent to protect his or her child from indecent or objectionable programming, as determined by such parent. [<-Struck out]

    [Struck out->] (c) Definition- In this section, the term `advanced blocking technologies' means technologies that can improve or enhance the ability of a parent to protect his or her child from any indecent or objectionable video or audio programming, as determined by such parent, that is transmitted through the use of wire, wireless, or radio communication. [<-Struck out]

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Child Safe Viewing Act of 2007'.

SEC. 2. FINDINGS.

    Congress finds the following:

      (1) Video programming has a direct impact on a child's perception of safe and reasonable behavior.

      (2) Children may imitate actions they witness on video programming, including language, drug use, and sexual conduct.

      (3) Studies suggest that the strong appeal of video programming erodes the ability of parents to develop responsible attitudes and behavior in their children.

      (4) The average American child watches 4 hours of television each day.

      (5) 99.9 percent of all consumer complaints logged by the Federal Communications Commission in the first quarter of 2006 regarding radio and television broadcasting were because of obscenity, indecency, and profanity.

      (6) There is a compelling government interest in empowering parents to limit their children's exposure to harmful television content.

      (7) Section 1 of the Communications Act of 1934 requires the Federal Communications Commission to promote the safety of life and property through the use of wire and radio communications.

      (8) In the Telecommunications Act of 1996, Congress authorized Parental Choice in Television Programming and the V-Chip. Congress further directed action on alternative blocking technology as new video technology advanced.

SEC. 3. EXAMINATION OF ADVANCED BLOCKING TECHNOLOGIES.

    (a) Inquiry Required- Not later than 90 days after the date of enactment of this Act, the Federal Communications Commission shall initiate a notice of inquiry to consider measures to examine--

      (1) the existence and availability of advanced blocking technologies that are compatible with various communications devices or platforms; and

      (2) methods of encouraging the development, deployment, and use of such technology by parents that do not affect the packaging or pricing of a content provider's offering.

    (b) Content of Proceeding- In conducting the inquiry required under subsection (a), the Commission shall consider advanced blocking technologies that--

      (1) may be appropriate across a wide variety of distribution platforms, including wired, wireless, and Internet platforms;

      (2) may be appropriate across a wide variety of devices capable of transmitting or receiving video or audio programming, including television sets, DVD players, VCRs, cable set top boxes, satellite receivers, and wireless devices;

      (3) can filter language based upon information in closed captioning;

      (4) operate independently of ratings pre-assigned by the creator of such video or audio programming; and

      (5) may be effective in enhancing the ability of a parent to protect his or her child from indecent or objectionable programming, as determined by such parent.

    (c) Reporting- Not later than 270 days after the enactment of this Act, the Commission shall issue a report to Congress detailing any findings resulting from the inquiry required under subsection (a).

    (d) Definition- In this section, the term `advanced blocking technologies' means technologies that can improve or enhance the ability of a parent to protect his or her child from any indecent or objectionable video or audio programming, as determined by such parent, that is transmitted through the use of wire, wireless, or radio communication.

Calendar No. 588

110th CONGRESS

2d Session

S. 602

[Report No. 110-268]

A BILL

To develop the next generation of parental control technology.


March 3, 2008

Reported with an amendment in the nature of a substitute