Cyber Stalking - 大改造？before - after

Amendment
(a) IN GENERAL.--Paragraph (1) of section 223(h) of the Communications Act of 1934 (47 U.S.C. 223(h)(1)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) in the case of subparagraph (C) of subsection
(a)(1), includes any device or software that can be used
to originate telecommunications or other types of commu-
nications that are transmitted, in whole or in part, by
the Internet (as such term is defined in section 1104 of
the Internet Tax Freedom Act (47 U.S.C. 151 note)).''.
(b) RULE OF CONSTRUCTION.--This section and the amendment
made by this section may not be construed to affect the meaning
given the term ``telecommunications device'' in section 223(h)(1)
of the Communications Act of 1934, as in effect before the date
of the enactment of this section.

18 U.S.C 2261A, 2261(b), 2265A, 2261(a) -- CRIMINAL PROVISION

http://www.govtrack.us/congress/billtext.xpd?bill=h109-3402

47 U.S.C. 223 - after
(a) Prohibited acts generally
　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 or child pornography, 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 child pornography, 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 or imprisoned not more than two years, or both.

(b) Prohibited acts for commercial purposes; defense to prosecution
　(1) Whoever knowingly -
　　(A) within the United States, by means of telephone, makes (directly or by recording device) any obscene communication for commercial purposes to any person, regardless of whether the maker of such communication placed the call; or
　　(B) permits any telephone facility under such person's control to be used for an activity prohibited by subparagraph (A),
　shall be fined in accordance with title 18 or imprisoned not more than two years, or both.
　(2) Whoever knowingly -
　　(A) within the United States, by means of telephone, makes (directly or by recording device) any indecent communication for commercial purposes which is available to any person under 18 years of age or to any other person without that person's consent, regardless of whether the maker of such communication placed the call; or
　　(B) permits any telephone facility under such person's control to be used for an activity prohibited by subparagraph (A), shall be fined not more than $50,000 or imprisoned not more than six months, or both.
　(3) It is a defense to prosecution under paragraph (2) of this subsection that the defendant restricted access to the prohibited communication to persons 18 years of age or older in accordance with subsection (c) of this section and with such procedures as the Commission may prescribe by regulation.
　(4) In addition to the penalties under paragraph (1), whoever, within the United States, intentionally violates paragraph (1) or (2) shall be subject to a fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation.
　(5)(A) In addition to the penalties under paragraphs (1), (2), and (5), whoever, within the United States, violates paragraph (1) or (2) shall be subject to a civil fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation.
　　(B) A fine under this paragraph may be assessed either -
　　　(i) by a court, pursuant to civil action by the Commission or any attorney employed by the Commission who is designated by the Commission for such purposes, or
　　　(ii) by the Commission after appropriate administrative proceedings.
　(6) The Attorney General may bring a suit in the appropriate district court of the United States to enjoin any act or practice which violates paragraph (1) or (2). An injunction may be granted in accordance with the Federal Rules of Civil Procedure.

(c) Restriction on access to subscribers by common carriers;
　judicial remedies respecting restrictions
　(1) A common carrier within the District of Columbia or within any State, or in interstate or foreign commerce, shall not, to the extent technically feasible, provide access to a communication specified in subsection (b) of this section from the telephone of any subscriber who has not previously requested in writing the carrier to provide access to such communication if the carrier collects from subscribers an identifiable charge for such communication that the carrier remits, in whole or in part, to the provider of such communication.
　(2) Except as provided in paragraph (3), no cause of action may be brought in any court or administrative agency against any common carrier, or any of its affiliates, including their officers,directors, employees, agents, or authorized representatives on account of -
　　(A) any action which the carrier demonstrates was taken in good faith to restrict access pursuant to paragraph (1) of this subsection; or
　　(B) any access permitted -
　　　(i) in good faith reliance upon the lack of any representation by a provider of communications that communications provided by that provider are communications specified in subsection (b) of this section, or
　　　(ii) because a specific representation by the provider did not allow the carrier, acting in good faith, a sufficient period to restrict access to restrict access to communications described in subsection (b) of this section.
　(3) Notwithstanding paragraph (2) of this subsection, a provider of communications services to which subscribers are denied access pursuant to paragraph (1) of this subsection may bring an action for a declaratory judgment or similar action in a court. Any such action shall be limited to the question of whether the communications which the provider seeks to provide fall within the category of communications to which the carrier will provide access only to subscribers who have previously requested such access.

(d) Sending or displaying offensive material to persons under 18
　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 is obscene or child pornography, 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 or imprisoned not more than two years, or both.

(e) Defenses

(f) Violations of law required; commercial entities, nonprofit libraries, or institutions of higher education

(g) Application and enforcement of other Federal law

(h) Definitions
　For purposes of this section -
　(1) The use of the term “telecommunications device” in this section -
　　(A) shall not impose new obligations on broadcasting station licensees and cable operators covered by obscenity and indecency provisions elsewhere in this chapter,
　　(B) does not include an interactive computer service; and
　　(C) in the case of subparagraph (C) of subsection (a)(1), includes any device or software that can be used to originate telecommunications or other types of communications that are transmitted, in whole or in part, by the Internet (as such term is defined in section 1104 of the Internet Tax Freedom Act (47 U.S.C. 151 note)).
　(2) The term “interactive computer service” has the meaning provided in section 230(f)(2) of this title.
　(3) The term “access software” means software (including client or server software) or enabling tools that do not create or provide the content of the communication but that allow a user to do any one or more of the following:
　　(A) filter, screen, allow, or disallow content;
　　(B) pick, choose, analyze, or digest content; or
　　(C) transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate content.