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services that are incidental to Internet access, such as voice-capable e-mail or instant messaging.

SEC. 1109. [47 U.S.C. 151 note] EXCEPTION FOR TEXAS MUNICIPAL ACCESS LINE FEE.

Nothing in this Act shall prohibit Texas or a political subdivision thereof from imposing or collecting the Texas municipal access line fee pursuant to Texas Local Govt. Code Ann. ch. 283 (Vernon 2005) and the definition of access line as determined by the Public Utility Commission of Texas in its "Order Adopting Amendments to Section 26.465 As Approved At The February 13, 2003 Public Hearing", issued March 5, 2003, in Project No. 26412.

TITLE XII-OTHER PROVISIONS

SEC. 1201. DECLARATION THAT INTERNET SHOULD BE FREE OF NEW FEDERAL TAXES.

It is the sense of Congress that no new Federal taxes similar to the taxes described in section 1101(a) should be enacted with respect to the Internet and Internet access during the moratorium provided in such section.

SEC. 1202. NATIONAL TRADE ESTIMATE.

Section 181 of the Trade Act of 1974 (19 U.S.C. 2241) is amended

(1) in subsection (a)(1)—

(A) in subparagraph (A)—

(i) by striking "and" at the end of clause (i);

(ii) by inserting "and" at the end of clause (ii); and (iii) by inserting after clause (ii) the following new clause:

"(iii) United States electronic commerce,"; and (B) in subparagraph (C)—

(i) by striking "and" at the end of clause (i); (ii) by inserting "and" at the end of clause (ii); (iii) by inserting after clause (ii) the following new clause:

"(iii) the value of additional United States electronic commerce,”; and

(iv) by inserting "or transacted with," after "or invested in";

(2) in subsection (a)(2)(E)—

(A) by striking "and" at the end of clause (i);

(B) by inserting "and" at the end of clause (ii); and (C) by inserting after clause (ii) the following new clause:

"(iii) the value of electronic commerce transacted with,"; and

(3) by adding at the end the following new subsection: "(d) ELECTRONIC COMMERCE.-For purposes of this section, the term 'electronic commerce' has the meaning given that term in section 1104(3) of the Internet Tax Freedom Act.".

SEC. 1203. [19 U.S.C. 2241 note] DECLARATION THAT THE INTERNET SHOULD BE FREE OF FOREIGN TARIFFS, TRADE BARRIERS, AND OTHER RESTRICTIONS.

(a) IN GENERAL.-It is the sense of Congress that the President should seek bilateral, regional, and multilateral agreements to remove barriers to global electronic commerce through the World Trade Organization, the Organization for Economic Cooperation and Development, the Trans-Atlantic Economic Partnership, the Asia Pacific Economic Cooperation forum, the Free Trade Area of the America, the North American Free Trade Agreement, and other appropriate venues.

(b) NEGOTIATING OBJECTIVES.-The negotiating objectives of the United States shall be

(1) to assure that electronic commerce is free from-
(A) tariff and nontariff barriers;

(B) burdensome and discriminatory regulation and standards; and

(C) discriminatory taxation; and

(2) to accelerate the growth of electronic commerce by expanding market access opportunities for

(A) the development of telecommunications infrastructure:

(B) the procurement of telecommunications equipment; (C) the provision of Internet access and telecommunications services; and

(D) the exchange of goods, services, and digitalized information.

(c) ELECTRONIC COMMERCE.-For purposes of this section, the term "electronic commerce" has the meaning given that term in section 1104(3).

SEC. 1204. [19 U.S.C. 2241 note] NO EXPANSION OF TAX AUTHORITY.

Nothing in this title shall be construed to expand the duty of any person to collect or pay taxes beyond that which existed immediately before the date of the enactment of this Act.

SEC. 1205. [19 U.S.C. 2241 note] PRESERVATION OF AUTHORITY.

Nothing in this title shall limit or otherwise affect the implementation of the Telecommunications Act of 1996 (Public Law 104104) or the amendments made by such Act.

SEC. 1206. [19 U.S.C. 2241 note] SEVERABILITY.

If any provision of this title, or any amendment made by this title, or the application of that provision to any person or circumstance, is held by a court of competent jurisdiction to violate any provision of the Constitution of the United States, then the other provisions of that title, and the application of that provision to other persons and circumstances, shall not be affected.

CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF

1998

CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF

1998

(Title XIII of the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999)

[blocks in formation]

SEC. 1301. [15 U.S.C. 6501 note] SHORT TITLE.

This title may be cited as the "Children's Online Privacy Protection Act of 1998".

SEC. 1302. [15 U.S.C. 6501] DEFINITIONS.

In this title:

(1) CHILD. The term "child" means an individual under the age of 13.

(2) OPERATOR.-The term "operator"

(A) means any person who operates a website located on the Internet or an online service and who collects or maintains personal information from or about the users of or visitors to such website or online service, or on whose behalf such information is collected or maintained, where such website or online service is operated for commercial purposes, including any person offering products or services for sale through that website or online service, involving commerce

(i) among the several States or with 1 or more foreign nations;

(ii) in any territory of the United States or in the District of Columbia, or between any such territory and

(I) another such territory; or

(II) any State or foreign nation; or

(iii) between the District of Columbia and any State, territory, or foreign nation; but

(B) does not include any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act (15 U.S.C. 45).

(3) COMMISSION.-The term "Commission" means the Federal Trade Commission.

(4) DISCLOSURE.-The term "disclosure" means, with respect to personal information

(A) the release of personal information collected from a child in identifiable form by an operator for any purpose, except where such information is provided to a person other than the operator who provides support for the inter

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