To prevent the use of a misleading domain name with the intent to deceive a person into viewing obscenity on the Internet.

April 7, 2003

Mr. HATCH introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To prevent the use of a misleading domain name with the intent to deceive a person into viewing obscenity on the Internet.

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

SECTION 1. SHORT TITLE.

The Act may be cited as the `Truth in Domain Names Act of 2003'.

SEC. 2. FALSE OR MISLEADING DOMAIN NAMES ON THE INTERNET.

(a) IN GENERAL- Chapter 110 of title 18, United States Code, is amended by inserting after section 2252A the following:

`Sec. 2252B. False or misleading domain names on the Internet

`(a) Whoever knowingly uses a misleading domain name with the intent to deceive a person into viewing obscenity on the Internet shall be fined under this title or imprisoned not more than 2 years, or both.

`(b) Whoever knowingly uses a misleading domain name with the intent to deceive a minor into viewing material that is harmful to minors on the Internet shall be fined under this title or imprisoned not more than 4 years, or both.

`(c) For the purposes of this section, a domain name that includes a word or words to indicate the sexual content of the site, such as `sex' or `porn', is not misleading.

`(d) For the purposes of this section, the term `material that is harmful to minors' means any communication that--

`(1) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;

`(2) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and

`(3) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 110 of title 18, United States Code, is amended by inserting after the time relating to section 2252A the following new item:

`2252B. False or misleading domain names on the Internet.'.

END