House Passes Bill Authorizing Funds for Prosecution of Internet Obscenity

(July 26, 2000) The House voted to authorize $5 Million in funding for the prosecution on Internet and offline obscenity. There are already statutes criminalizing importation, transportation, and sale of obscene materials. However, the Clinton Justice Department has resisted enforcing them.

	Rep. Steve Largent (R-OK)

HR 4710, the Illegal Pornography Prosecution Act of 2000, sponsored by Rep. Steve Largent (R-OK), was debated late on Tuesday night, July 25, and passed Wednesday morning by a vote of 412 to 4.

The bill is short and simple. It provides: "There are authorized to be appropriated to the Department of Justice for fiscal year 2001 not to exceed $5,000,000 to be used by the Criminal Division, Child Exploitation and Obscenity Section, for the hiring and training of staff, travel, and other necessary expenses, to prosecute obscenity cases, including those arising under chapter 71 of title 18, United States Code." (See, excerpts from Chapter 71, at bottom of page.)

There are already statutes banning commercial activities involving obscenity. These were enforced during the Reagan and Bush administrations. The Congress has appropriated increasing amounts to the Department of Justice to prosecute criminal cases, but the Clinton Justice Department has not spent any of that money on obscenity cases. The issue has taken on new vitality because of the proliferation of obscenity on the Internet.

The House Commerce Committee's Telecom Subcommittee held a hearing on May 23 at which Rep. Largent and other angry Subcommittee members criticized Department of Justice officials for not bringing any obscenity cases.

Rep. Largent introduced HR 4710 on June 21. It was considered under a suspension of the rules; no amendments were permitted, and the bill require a 2/3 majority for passage.

Excerpts from Floor Statement of Rep. Bart Stupak (D-MI)   What this bill really does is it allows the Department of Justice to keep pace with the challenges posed by the Internet. Everyone is aware of the explosion of the Internet, the explosion of Web sites on the Internet, and with the aggressive marketing tactics of the adult entertainment industry. Obscene material is being brought into our homes of millions of American families, without their request or without our consent. Why is there obscenity, and why are we placing the emphasis on this legislation and why is it necessary? Because no one can even be sure of how many sites exist. Estimates range that those sites are from 40,000 to 100,000. These sites feature all types of obscenity from child nudity to graphic sexual depictions. Adult entertainment sites on the Internet account for the third largest, it is the third largest sector of sales in cyberspace with an estimated $1 billion to $2 billion per year in revenue. Clearly, these Web sites have no incentive to regulate themselves or to restrict access by minors. Innocent adults and minors are increasingly encountering these sites. In fact, these sites are often used in spam e-mail and technical manipulations to trap someone in the site on-line, and they may not even need to escape while they are on-line. Also as the Committee on Commerce noted in some hearings that we had this year, in the past because of sophisticated, yet easy to use navigating software, minors who can read and type are capable of conducting Web searches as easily as it is to operate a television in their own home. The $5 million that we authorize with this legislation provides essential service for the Justice Department to prosecute obscenity cases on the Internet and elsewhere. Obscenity is not protected speech, and it should not be protected just because we do not have the money to prosecute it. This bill will give it the authorization to put forth $5 million to begin the crackdown on Internet obscenity.

The brief debate was lopsided, with only one member standing up to oppose the bill: Rep. Robert Scott (D-NC).

Rep. Largent lead the supporters. "It used to be that we were concerned about the dirty little bookstore down at the end of the street," said Rep. Largent.

"Do we think the social costs and community problems associated with those adult book stores have diminished just because it is on the Internet? Absolutely not. Instead, they have become more internalized and more destructive and more pervasive because of their accessibility, their affordability and the fact that you can now be anonymous. That is the nature of illegal pornography on the Internet today."

Rep. Bob Goodlatte (R-VA), a Co-chairman of the Internet Caucus, stated that "we want people to use the Internet. We want them to feel safe in doing so, but one of the biggest businesses on the Internet is that of obscenity, of hard-core pornography."

"There are thousands of sites, estimates range from 40,000 to 100,000 sites," said Rep. Goodlatte. "This $5 million goes to the Department of Justice for funding for the child exploitation and obscenity section of the Department. The monies would be authorized only for prosecutions under title 18, chapter 71, obscenity."

HR 4710 was introduced on June 21. It now has 30 cosponsors. Many are members of the House Commerce Committee. Most are Republicans. Although, both Rep. Bart Stupak (D-MI) and Rep. Ralph Hall (D-TX), who sit on the Commerce Committee, are cosponsors. Rep. Stupak is also an ex-Michigan State Trooper. Rep. Mike McIntyre (D-NC) is also a cosponsor.

The members who spoke in favor of the bill during the floor debate late Tuesday night included Reps. Steve Chabot (R-OH), Steve Largent (R-OK), Bob Goodlatte (R-VA), Bart Stupak (D-MI), Tom Coburn (R-OK), Zach Wamp (R-TN), and Sheila Lee (D-TX).

Only Rep. Robert Scott (D-NC) spoke in opposition. He stated that "Congress should not be managing the Department activities to this degree of detail," and that this bill would reduce money spent on other types of prosecutions.

Reps. Scott, James Moran (D-VA), Jerrold Nadler (D-NY), and Ron Paul (R-TX) were the only members to vote against the bill.