39 USCS 3006 3006. Unlawful matter POSTAL SERVICE Upon evidence satisfactory to the Postal Service that a person is obtaining or attempting to obtain remittances of money or property of any kind through the mail for an obscene, lewd, lascivious, indecent, filthy, or vile thing or is depositing or causing to be deposited in the United States mail information as to where, how, or from whom such a thing may be obtained, the Postal Service may (1) Direct any postmaster at an office at which mail arrives, addressed to such a person or to his representative, to return the mail to the sender marked "Unlawful"; and (2) forbid the payment by a postmaster to such a person or his representative of any money order or postal note drawn to the order of either and provide for the return to the remitter of the sum named in the money order. (Aug. 12, 1970, P. L. 91-375, § 2, 84 Stat. 747.) § 3007. Detention of mail for temporary periods (a) In preparation for or during the pendency of proceedings under sections 3005 and 3006 of this title [39 USCS §§ 3005, 3006], the United States district court in the district in which the defendant receives his mail shall, upon application therefor by the Postal Service and upon a showing of probable cause to believe either section is being violated, enter temporary restraining order and preliminary injunction pursuant to rule 65 of the Federal Rules of Civil Procedure [USCS Rules of Civil Procedure, Rule 65] directing the detention of the defendant's incoming mail by the postmaster pending the conclusion of the statutory proceedings and any appeal therefrom. The district court may provide in the order that the detained mail be open to examination by the defendant and such mail be delivered as is clearly not connected with the alleged unlawful activity. An action taken by a court hereunder does not affect or determine any fact at issue in the statutory proceedings. (b) This section does not apply to mail addressed to publishers of newspapers and other periodical publications entitled to a periodical publication rate or to mail addressed to the agents of those publishers. § 3008. Prohibition of pandering advertisements (a) Whoever for himself, or by his agents or assigns, mails or causes to be mailed any pandering advertisement which offers for sale matter which the addressee in his sole discretion believes to be erotically arousing or sexually provocative shall be subject to an order of the Postal Service to refrain from further mailings of such materials to designated addresses thereof. (b) Upon receipt of notice from an addressee that he has received such mail matter, determined by the addressee in his sole discretion to be of the character described in subsection (a) of this section, the Postal Service shall issue an order, if requested by the addressee, to the sender thereof, directing the sender and his agents or assigns to refrain from further mailings to the named addressees. (c) The order of the Postal Service shall expressly prohibit the sender and his agents or assigns from making any further mailings to the designated addresses, effective on the thirtieth calendar day after receipt of the order. The order shall also direct the sender and his agents or assigns to delete immediately the names of the designated addressees from all mailing lists owned or controlled by the sender or his agents or assigns and, further, shall prohibit the sender and his agents or assigns from the sale, rental, exchange, or other transaction involving mailing lists bearing the names of the designated addressees. (d) Whenever the Postal Service believes that the sender or anyone acting on his behalf has violated or is violating the order given under this section, it shall serve upon the sender, by registered or certified mail, a complaint stating the reasons for its belief and request that any response thereto be filed in writing with the Postal Service within 15 days after the date of such service. If the Postal Service, after appropriate hearing if requested by the sender, and without a hearing if such a hearing is not requested, thereafter determines that the order given has been or is being violated, it is authorized to request the Attorney General to make application, and the Attorney General is authorized to make application, to a district court of the United States for an order directing compliance with such notice. (e) Any district court of the United States within the jurisdiction of which any mail matter shall have been sent or received in violation of the order provided for by this section shall have jurisdiction, upon application by the Attorney General, to issue an order commanding compliance with such notice. Failure to observe such order may be punishable by the court as contempt thereof. (f) Receipt of mail matter 30 days or more after the effective date of the order provided for by this section shall create a rebuttable presumption that such mail was sent after such effective date. (8) Upon request of any addressee, the order of the Postal Service shall include the names of any of his minor children who have not attained their nineteenth birthday, and who reside with the addressee. (h) The provisions of subchapter II of chapter 5, relating to administrative procedure, and chapter 7, relating to judicial review, of title 5 [5 USCS §§ 551 et seq., 701], shall not apply to any provisions of this section. (i) For purposes of this section (1) mail matter, directed to a specific address covered in the order of the Postal Service, without designation of a specific addressee thereon, shall be considered as addressed to the person named in the Postal Service's order; and (2) the term "children" includes natural children, stepchildren, adopted children, and children who are wards of or in custody of the addressee or who are living with such addressee in a regular parent-child relation § 3010. Mailing of sexually oriented advertisements (a) Any person who mails or causes to be mailed any sexually oriented advertisement shall place on the envelope or cover thereof his name and address as the sender thereof and such mark or notice as the Postal Service may prescribe. (b) Any person, on his own behalf or on the behalf of any of his children who has not attained the age of 19 years and who resides with him or is under his care, custody, or supervision, may file with the Postal Service a statement, in such form and manner as the Postal Service may prescribe, that he desires to receive no sexually oriented advertisements through the mails. The Postal Service shall maintain and keep current, insofar as practicable, a list of the names and addresses of such persons and shall make the list (including portions thereof or changes therein) available to any person, upon such reasonable terms and conditions as it may prescribe, including the payment of such service charge as it determines to be necessary to defray the cost of compiling and maintaining the list and making it available as provided in this sentence. No person shall mail or cause to be mailed any sexually oriented advertisement to any individual whose name and address has been on the list for more than 30 days. (c) No person shall sell, lease, lend, exchange, or license the use of, or, except for the purpose expressly authorized by this section, use any mailing list compiled in whole or in part from the list maintained by the Postal Service pursuant to this section. (d) "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. 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 of a single catalog, book, periodical, or other work the remainder of which is not primarily devoted to sexual matters. (Aug. 12, 1970, P. L. 91-375, § 2, 84 Stat. 749.) 3011. Judicial enforcement (a) Whenever the Postal Service believes that any person is mailing or causing to be mailed any sexually oriented advertisement in violation of section 3010 of this title [39 USČS § 3010], it may request the Attorney General to commence a civil action against such person in a district court of the United States. Upon a finding by the court of a violation of that section, the court may issue an order including one or more of the following provisions as the court deems just under the circumstances: (1) a direction to the defendant to refrain from mailing any sexually oriented advertisement to a specific addressee, to any group of addressees, or to all persons; (2) a direction to any postmaster to whom sexually oriented advertisements originating with such defendant are tendered for transmission through the mails to refuse to accept such advertisements for mailing; or (3) a direction to any postmaster at the office at which registered or certified letters or other letters or mail arrive, addressed to the defendant or his representative, to return the registered or certified letters or other letters or mail to the sender appropriately marked as being in response to mail in violation of section 3010 of this title [39 USCS § 3010], after the defendant, or his representative, has been notified and given reasonable opportunity to examine such letters or mail and to obtain delivery of mail which is clearly not connected with activity alleged to be in violation of section 3010 of this title [39 USCS § 3010]. (b) The statement that remittances may be made to a person named in a sexually oriented advertisement is prima facie evidence that such named person is the principal, agent, or representative of the mailer for the receipt of remittances on his behalf. The court is not precluded from ascertaining the existence of the agency on the basis of any other evidence. (c) In preparation for, or during the pendency of, a civil action under subsection (a) of this section, a district court of the United States, upon application therefor by the Attorney General and upon a showing of probable cause to believe the statute is being violated, may enter a temporary restraining order or preliminary injunction containing such terms as the court deems just, including, but not limited to, provisions enjoining the defendant from mailing any sexually oriented advertisement to any person or class of persons, directing any postmaster to refuse to accept such defendant's sexually oriented advertisements for mailing, and directing the detention of the defendant's incoming mail by any postmaster pending the conclusion of the judicial proceedings. Any action taken by a court under this subsection does not affect or determine any fact at issue in any other proceeding under this section. (d) A civil action under this section may be brought in the judicial district in which the defendant resides, or has his principal place of business, or in any judicial district in which any sexually oriented advertisement mailed in violation of section 3010 [39 USCS § 3010] has been delivered by mail according to the direction thereon. (e) Nothing in this section or in section 3010 [39 USCS § 3010] shall be construed as amending, preempting, limiting, modifying, or otherwise in any way affecting section 1461 or 1463 of title 18 [18 USCS §§ 1461, 1463] or section 3006, 3007, or 3008 of this title [39 USČS §§ 3006–3008]. (Aug. 12, 1970, P. L. 91-375, § 2, 84 Stat. 750.) E.R. 3889 "CHILD_PROTECTION AND OBSCENITY ENFORCEMENT ACT OF 1987" Section 1 SECTION_BY_SECTION ANALYSIS (For Administration comments, see House Document 100-129, pp. 55-106) -- Short Title TITLE I -- CHILD PORNOGRAPHY Section 101 -- AMENDMENTS TO EXISTING CHILD PORNOGRAPHY OFFENSES Subsection (a) This subsection adds to the jurisdictional circumstances of the offense prohibiting advertising with respect to child pornography (18 U.S.c. 2251(c)) created by P.L. 99-628 (the Child Sexual Abuse and Pornography Act of 1986) by adding after interstate or foreign commerce" the words "by any means including by computer". Current law provides for jurisdiction for offenses committed by all forms of interstate and foreign commerce. Congress intended to cover interstate communications involving computers in P.L. 99-628. See H. Report 99-910 accompanying B.R. 5560. This provision makes the coverage of advertisements and notices about child pornography by means of computer explicit. Subsection (b) This subsection amends 18 U.S.C. 2252 (a) to prohibit the transportation or shipment in interstate or foreign Commerce by means of computer of visual depictions of child pornography. The subsection also prohibits the receipt or distribution of any visual depiction of child pornography by means of a computer in interstate or foreign commerce, or the reproduction for distribution by computer. Subsection (c) This subsection defines "computer" to have the same meaning as the term computer" in the Computer Fraud statute. The term "computer" means an electronic, magnetic, optical, electrochemical, or other high speed data processing "A recent technological phenomenon, computer 'bulletin boards, have been discovered to be used to offer pornography for sale or exchange or to advertise the availability of children for sexual exploitation. Use of a computer bulletin boards [sic] for such notices, since they are a means of interstate commerce, would also be prohibited by this section. H.Report 99-910, page 6. See also Investigation Report on 'Child Pornography and Pedophilia" by the Senate Permanent Subcommittee on Investigations, printed the Hearings before the House Subcommittee on Crime on the Child Protection Act (H.R. 1704 and related bills), Serial No. 112, 99th Cong., 2nd sess. at pp. 117 |