For purposes of this paragraph, each day of violation shall constitute a separate violation. B A fine under this paragraph may be assessed either— i by a court, pursuant to civil action by the Commission or any attorney employed by the Commission who is designated by the Commission for such purposes, or ii by the Commission after appropriate administrative proceedings. An injunction may be granted in accordance with the Federal Rules of Civil Procedure.
Any such action shall be limited to the question of whether the communications which the provider seeks to provide fall within the category of communications to which the carrier will provide access only to subscribers who have previously requested such access.
Nothing in this section authorizes the Commission to enforce, or is intended to provide the Commission with the authority to approve, sanction, or permit, the use of such measures. The Commission shall have no enforcement authority over the failure to utilize such measures. The Commission shall not endorse specific products relating to such measures. The use of such measures shall be admitted as evidence of good faith efforts for purposes of paragraph 5 in any action arising under subsection d.
Nothing in this section shall be construed to treat interactive computer services as common carriers or telecommunications carriers. Provided, however, That nothing herein shall preclude any State or local government from enacting and enforcing complementary oversight, liability, and regulatory systems, procedures, and requirements, so long as such systems, procedures, and requirements govern only intrastate services and do not result in the imposition of inconsistent rights, duties or obligations on the provision of interstate services.
Nothing in this subsection shall preclude any State or local government from governing conduct not covered by this section. A filter, screen, allow, or disallow content; B pick, choose, analyze, or digest content; or C transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate content. This chapter, referred to in subsec. For complete classification of this Act to the Code, see section of this title and Tables. Section of the Internet Tax Freedom Act, referred to in subsec.
The Library Services and Construction Act, referred to in subsec. Prior to amendment, subsec. Effective Date of Amendments Pub. Effective Date of Amendment Amendment by Pub. Construction of Amendment Pub. Any such appeal shall be filed not more than 20 days after entry of such judgment, decree, or order.