AMENDMENT TO THE AMENDMENT IN THE
NATURE OF A SUBSTITUTE TO H.R.718
OFFERED BY MS. HART

Page 2, line 19, strike the close quotation mark and the period that follows.

Page 2, after line 19, insert the following:

"§622. Warning labels for electronic mail containing advertisements harmful to children

"(a)(1) The Attorney General shall prescribe marks or notices to be included in electronic mail that contains a sexually oriented advertisement in order to inform the recipient of that fact.

"(2) Whoever, in any electronic mail that is carried on an instrumentality in or affecting interstate or foreign commerce, knowingly includes a sexually oriented advertisement but does not include in such electronic mail the marks or notices prescribed by the Attorney General under this section shall be fined under this title or imprisoned not more than one year, or both.

"(b) As used in this section, the term 'sexually oriented advertisement' means any advertisement that depicts, in actual or simulated form, or explicitly describes, in a predominantly sexual context, human genitalia, any act of natural or unnatural sexual intercourse, any act of sadism or masochism, or any other erotic subject directly related to the foregoing, but material otherwise within the definition of this subsection shall be deemed not to constitute a sexually oriented advertisement if it constitutes only a small and insignificant part of the whole, the remainder of which is not primarily devoted to sexual matters.".

Insert at the end of the table of sections in the material following line 8 on the first page the following new item:

"622. Warning labels for electronic mail containing matter harmful to minors.".