SEC. 502. OBSCENE OR HARASSING USE OF TELECOMMUNICATIONS FACILITIES UNDER THE COMMUNICATIONS ACT OF 1934.

Section 223 (47 U.S.C. 223) is amended--

1. by striking subsection (a) and inserting in lieu thereof:
1. Whoever--
1. in interstate or foreign communications--
1. by means of a telecommunications device knowingly--
1. makes, creates, or solicits, and
2. initiates the transmission of, any comment, request, suggestion, proposal, image, or other communication which is obscene, lewd, lascivious, filthy, or indecent, with intent to annoy, abuse, threaten, or harass another person;
2. by means of a telecommunications device knowingly--
1. makes, creates, or solicits, and
2. initiates the transmission of, any comment, request, suggestion, proposal, image, or other communication which is obscene or indecent, knowing that the recipient of the communication is under 18 years of age, regardless of whether the maker of such communication placed the call or initiated the communication;
3. makes a telephone call ...
4. makes or causes the telephone of another ...
5. makes repeated telephone calls ...
2. knowingly permits any telecommunications facility under his control to be used for any activity prohibited by paragraph (1) with the intent that it be used for such activity, shall be fined under title 18, United States Code, or imprisoned not more than two years, or both.'; and
2. by adding at the end the following new subsections:
4. Whoever--
1. in interstate or foreign communications knowingly--
1. uses an interactive computer service to send to a specific person or persons under 18 years of age, or
2. uses any interactive computer service to display in a manner available to a person under 18 years of age, any comment, request, suggestion, proposal, image, or other communication that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs, regardless of whether the user of such service placed the call or initiated the communication; or
2. knowingly permits any telecommunications facility under such person's control to be used for an activity prohibited by paragraph (1) with the intent that it be used for such activity, shall be fined under title 18, United States Code, or imprisoned not more than two years, or both.
5. ...
5. It is a defense to a prosecution under subsection (a)(1)(B) or (d), or under subsection (a)(2) with respect to the use of a facility for an activity under subsection (a)(1)(B) that a person--
1. has taken, in good faith, reasonable, effective, and appropriate actions under the circumstances to restrict or prevent access by minors to a communication specified in such subsections, which may involve any appropriate measures to restrict minors from such communications, including any method which is feasible under available technology; or
2. has restricted access to such communication by requiring use of a verified credit card, debit account, adult access code, or adult personal identification number.
6. ...
1. No cause of action may be brought in any court or administrative agency against any person on account of any activity that is not in violation of any law punishable by criminal or civil penalty, and that the person has taken in good faith to implement a defense authorized under this section or otherwise to restrict or prevent the transmission of, or access to, a communication specified in this section.

Now, the question arises, "who decides what's 'patently offensive'?" I would suggest that if you have the least bit of doubt you should save it for a forum you know is secure.

As an alternative, you could support the establishment of a marking system to allow browsers and other software to require a positive action on the part of the recipient to access the material and work to change the Internet culture so that use of such systems would be encouraged. Once they were in place, you would taken a "good faith" effort to restrict access and would by protected under Section (f)(1) above.