[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4089 Introduced in Senate (IS)]







109th CONGRESS
  2d Session
                                S. 4089

 To modernize and expand the reporting requirements relating to child 
 pornography, to expand cooperation in combating child pornography, to 
require convicted sex offenders to register online identifiers, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 6, 2006

  Mr. McCain introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL



 To modernize and expand the reporting requirements relating to child 
 pornography, to expand cooperation in combating child pornography, to 
require convicted sex offenders to register online identifiers, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop the Online Exploitation of Our 
Children Act of 2006''.

SEC. 2. AMENDMENT OF REPORTING REQUIREMENTS.

    (a) In General.--Chapter 110 of title 18, United States Code, is 
amended by inserting after section 2257 the following:
``Sec. 2257A. Obligation to report child pornography by online service 
              providers
    ``(a) Definitions.--
            ``(1) In general.--In this section, section 2257B, and 
        section 2257C--
                    ``(A) the terms `attorney for the government' and 
                `State' have the meanings given those terms in rule 1 
                of the Federal Rules of Criminal Procedure.
                    ``(B) the term `electronic communication service' 
                has the meaning given that term in section 2510;
                    ``(C) the term `Internet' has the meaning given 
                that term in section 231(e) of the Communications Act 
                of 1934 (47 U.S.C. 231(e));
                    ``(D) the term `online service' includes any--
                            ``(i) Internet content hosting service;
                            ``(ii) domain name registration service;
                            ``(iii) Internet search service;
                            ``(iv) Internet social networking site, 
                        chat room, message board, or any other similar 
                        service using the Internet;
                            ``(v) Internet service that provides e-
                        mail, instant messaging, or any other similar 
                        service using the Internet;
                            ``(vi) electronic communication service;
                            ``(vii) Internet service provider 
                        (including any wireless carrier that provides 
                        Internet access);
                            ``(viii) Internet image or video sharing 
                        service; and
                            ``(ix) remote computing service; and
                    ``(E) the term `remote computing service' has the 
                meaning given that term in section 2711.
            ``(2) Construction.--The inclusion of any type of service 
        in the list under paragraph (1)(D) may not be construed to mean 
        that such type of service is not an electronic communication 
        service or a remote computing service.
    ``(b) Duty To Report.--
            ``(1) In general.--Whoever, while engaged in providing an 
        online service to the public through a facility or means of 
        interstate or foreign commerce, obtains actual knowledge of any 
        facts or circumstances described in paragraph (2) shall, as 
        soon as reasonably possible, make a report of such facts or 
        circumstances to the CyberTipline of the National Center for 
        Missing and Exploited Children, or any successor to the 
        CyberTipline operated by such center.
            ``(2) Facts or circumstances.--The facts or circumstances 
        described in this paragraph are any facts or circumstances that 
        appear to indicate a violation of--
                    ``(A) section 2251, 2251A, 2252, 2252A, 2252B, or 
                2260 that involves child pornography or;
                    ``(B) section 1466A.
    ``(c) Contents of Report.--
            ``(1) In general.--To the extent available to an online 
        service provider, each report under subsection (b)(1) shall 
        include the following information:
                    ``(A) Information about the involved individual.--
                Information relating to the Internet identity of any 
                individual who appears to have violated a Federal law 
                in the manner described in subsection (b)(2), including 
                the screen name, user identification name, e-mail 
                address, website address, and uniform resource locator.
                    ``(B) Historical reference.--Information relating 
                to when any apparent child pornography was uploaded, 
                transmitted, reported to, or discovered by the online 
                service provider, including a date and time stamp and 
                time zone.
                    ``(C) Geographic location information.--Information 
                relating to the geographic location of the involved 
                individual, hosting website, or uniform resource 
                locator, including the street address, telephone 
                number, area code, zip code, and any Internet Protocol 
                address.
                    ``(D) Images of apparent child pornography.--Any 
                image of any apparent child pornography relating to the 
                incident such report is regarding.
                    ``(E) Company contact information.--Accurate 
                contact information for the online service provider 
                making the report, including the address, telephone 
                number, facsimile number, e-mail address of, and 
                individual point of contact for, such online service 
                provider.
            ``(2) Additional information.--
                    ``(A) In general.--A report under subsection (b)(1) 
                may include information or material developed or 
                discovered by an online service provider, in addition 
                to the information required under paragraph (1) of this 
                subsection.
                    ``(B) Not required.--An online service provider 
                shall not be required to include any additional 
                information described in subparagraph (A) in a report 
                under subsection (b)(1).
    ``(d) Forwarding of Report to Law Enforcement.--
            ``(1) In general.--The National Center for Missing and 
        Exploited Children shall forward each report made under 
        subsection (b)(1) to any appropriate law enforcement agency 
        designated by the Attorney General under subsection (e)(2).
            ``(2) State and local law enforcement.--The National Center 
        for Missing and Exploited Children may forward any report made 
        under subsection (b)(1) to an appropriate official of a State 
        or political subdivision of a State for the purpose of 
        enforcing State criminal law.
            ``(3) Foreign law enforcement.--The National Center for 
        Missing and Exploited Children may forward any report made 
        under subsection (b)(1) to any appropriate foreign law 
        enforcement agency designated by the Attorney General under 
        subsection (e)(3), subject to the conditions established by the 
        Attorney General under subsection (e)(3).
    ``(e) Attorney General Responsibilities.--
            ``(1) In general.--The Attorney General shall enforce this 
        section.
            ``(2) Designation of federal agencies.--The Attorney 
        General shall designate promptly the Federal law enforcement 
        agency or agencies to which a report shall be forwarded under 
        subsection (d)(1).
            ``(3) Designation of foreign agencies.--The Attorney 
        General shall promptly--
                    ``(A) designate the foreign law enforcement 
                agencies to which a report may be forwarded under 
                subsection (d)(3); and
                    ``(B) establish the conditions under which such a 
                report may be forwarded to such agencies.
    ``(f) Failure to Report.--
            ``(1) Knowing and willful failure.--An online service 
        provider that knowingly and willfully fails to make a report 
        required under subsection (b)(1) shall be fined--
                    ``(A) in the case of an initial knowing and willful 
                failure to make a report, not more than $150,000; and
                    ``(B) in the case of any second or subsequent 
                knowing and willful failure to make a report, not more 
                than $300,000.
            ``(2) Negligent failure.--An online service provider that 
        negligently fails to make a report required under subsection 
        (b)(1) shall be subject to a civil penalty of--
                    ``(A) in the case of an initial negligent failure 
                to make a report, not more than $50,000; and
                    ``(B) in the case of any second or subsequent 
                negligent failure to make a report, not more than 
                $100,000.
    ``(g) Protection of Privacy.--Nothing in this section shall be 
construed to require an online service provider to--
            ``(1) monitor any user, subscriber, or customer of that 
        provider;
            ``(2) the content of any communication of any person 
        described in paragraph (1); or
            ``(3) affirmatively seek facts or circumstances described 
        in subsection (b)(2).
    ``(h) Conditions of Disclosure of Information Contained Within 
Report.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        law enforcement agency that receives a report under subsection 
        (d) shall not disclose any information contained in that 
        report.
            ``(2) Permitted disclosures.--A law enforcement agency may 
        disclose information in a report received under subsection 
        (d)--
                    ``(A) to an attorney for the government for use in 
                the performance of the official duties of that 
                attorney;
                    ``(B) to such officers and employees of that law 
                enforcement agency, as may be necessary in the 
                performance of their investigative and recordkeeping 
                functions;
                    ``(C) to such other government personnel (including 
                personnel of a State or subdivision of a State) as are 
                determined to be necessary by an attorney for the 
                government to assist the attorney in the performance of 
                the official duties of the attorney in enforcing 
                Federal criminal law; or
                    ``(D) if the report discloses a violation of State 
                criminal law, to an appropriate official of a State or 
                subdivision of a State for the purpose of enforcing 
                such State law.
    ``(i) Evidence Preservation.--
            ``(1) In general.--An online service provider shall store 
        any image and other information relating to the facts or 
        circumstances of any incident reported under subsection (b)(1) 
        for not less than 180 days after the date that the report is 
        transmitted to the National Center for Missing and Exploited 
        Children through the CyberTipline, or for such longer period of 
        time as may be requested by the National Center for Missing and 
        Exploited Children or a law enforcement agency.
            ``(2) Destruction of evidence.--An online service provider 
        shall not destroy any data that, to the online service 
        provider's knowledge, relates to an incident reported under 
        subsection (b)(1) during the 180-day period beginning on the 
        date that report is transmitted to the National Center for 
        Missing and Exploited Children through the CyberTipline, or for 
        such longer period of time as may be requested by the National 
        Center for Missing and Exploited Children or a law enforcement 
        agency.
``Sec. 2257B. Use of images to combat child pornography
    ``(a) In General.--The National Center for Missing and Exploited 
Children is authorized to provide elements of any image it receives 
through its CyberTipline to an online service provider for the sole and 
exclusive purpose of permitting that online service provider to stop 
the further transmission of that image. Such elements may include 
unique identification numbers generated from the data contained in the 
image file and other technology that serves to identify and stop the 
transmission of child pornography.
    ``(b) Use by Online Service Providers.--Any online service provider 
that receives an image element from the National Center for Missing and 
Exploited Children under this section may use such element only for the 
purposes described in this section, provided that such use shall not 
relieve the online service provider from its reporting obligations 
under section 2257A.
``Sec. 2257C. Limitations on liability
    ``(a) National Center for Missing and Exploited Children.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), a civil claim or criminal charge against the National 
        Center for Missing and Exploited Children, including any 
        director, officer, employee, or agent of such center, arising 
        from the performance of the CyberTipline responsibilities or 
        functions of such center, as described in this section, section 
        2257A or 2257B of this title, or section 404 of the Missing 
        Children's Assistance Act (42 U.S.C. 5773), or from the effort 
        of such center to identify child victims may not be brought in 
        any Federal or State court.
            ``(2) Intentional, reckless, or other misconduct.--
        Paragraph (1) shall not apply to a claim or charge if the 
        National Center for Missing and Exploited Children, or a 
        director, officer, employee, or agent of such center--
                    ``(A) engaged in intentional misconduct; or
                    ``(B) acted, or failed to act--
                            ``(i) with actual malice;
                            ``(ii) with reckless disregard to a 
                        substantial risk of causing injury without 
                        legal justification; or
                            ``(iii) for a purpose unrelated to the 
                        performance of any responsibility or function 
                        under this section, section 2257A or 2257B of 
                        this title, or section 404 of the Missing 
                        Children's Assistance Act (42 U.S.C. 5773).
            ``(3) Ordinary business activities.--Paragraph (1) shall 
        not apply to an act or omission relating to an ordinary 
        business activity, including general administration or 
        operations, the use of motor vehicles, or personnel management.
    ``(b) Online Service Providers.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), a civil claim or criminal charge against an online service 
        provider, including any director, officer, employee, or agent 
        of such online service provider, arising from the performance 
        of the reporting responsibilities of such online service 
        provider under this section, section 2257A, or section 2257B 
        may not be brought in any Federal or State court.
            ``(2) Intentional, reckless, or other misconduct.--
        Paragraph (1) shall not apply to a claim if the online service 
        provider, or a director, officer, employee, or agent of that 
        online service provider--
                    ``(A) engaged in intentional misconduct; or
                    ``(B) acted, or failed to act--
                            ``(i) with actual malice;
                            ``(ii) with reckless disregard to a 
                        substantial risk of causing injury without 
                        legal justification; or
                            ``(iii) for a purpose unrelated to the 
                        performance of any responsibility or function 
                        under this section, section 2257A, or section 
                        2257B.
            ``(3) Ordinary business activities.--Paragraph (1) shall 
        not apply to an act or omission relating to an ordinary 
        business activity of an online service provider, including 
        general administration or operations, the use of motor 
        vehicles, or personnel management.''.
    (b) Conforming Amendments.--
            (1) Repeal of superceded provision.--Section 227 of the 
        Crime Control Act of 1990 (42 U.S.C. 13032) is repealed.
            (2) Table of sections.--The table of sections for chapter 
        110 of title 18, United States Code, is amended by inserting 
        after the item relating to section 2257 the following:

``2257A. Obligation to report child pornography by online service 
                            providers.
``2257B. Use of images to combat child pornography.
``2257C. Limitations on liability.''.

SEC. 3. ENCOURAGING FOREIGN COUNTRIES TO COMBAT CHILD PORNOGRAPHY AND 
              CHILD EXPLOITATION.

    The United States Trade Representative, the Attorney General of the 
United States, and the head of any other relevant Federal agency shall 
take appropriate action to encourage foreign governments to--
            (1) stop the production and transmission of child 
        pornography in the country of such government; and
            (2) cooperate with law enforcement agencies in the United 
        States, including Federal agencies and Internet Crimes Against 
        Children Task Forces, to combat the creation and transmission 
        of child pornography.

SEC. 4. AUTHORIZATION OF FUNDS TO COMBAT CHILD PORNOGRAPHY.

    There are authorized to be appropriated to the Attorney General 
$20,375,000 for grants to Internet Crimes Against Children Task Force.

SEC. 5. REGISTRATION OF ONLINE IDENTIFIERS OF SEX OFFENDERS.

    (a) In General.--Section 114(a) of the Sex Offender Registration 
and Notification Act (42 U.S.C. 16914(a)) is amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6) the following:
            ``(7) Any e-mail address, instant message address, or other 
        similar Internet identifier used by the sex offender to 
        communicate over the Internet.''.
    (b) Updating of Information.--Section 113(c) of the Sex Offender 
Registration and Notification Act (42 U.S.C. 16913(c)) is amended by 
inserting ``e-mail address, instant message address, or other similar 
Internet identifier used by the sex offender to communicate over the 
Internet,'' before ``or student status''.
    (c) Failure To Register Online Identifiers.--Section 2250 of title 
18, United States Code, is amended--
            (1) in subsection (b), by inserting ``or (d)'' after 
        ``subsection (a)''; and
            (2) by adding at the end the following:
    ``(d) Failure To Register Online Identifiers.--
            ``(1) In general.--It shall be unlawful for any person who 
        is required to register under the Sex Offender Registration and 
        Notification Act (42 U.S.C. 16901 et seq.) to fail to provide 
        an e-mail address, instant message address, or other similar 
        Internet identifier used by that person to communicate over the 
        Internet to the appropriate official for inclusion in the sex 
        offender registry, as required under that Act.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined under this title, imprisoned not more than 10 years, 
        or both.''.

SEC. 6. USE OF THE INTERNET AS AN AGGRAVATING FACTOR.

    (a) In General.--Chapter 110 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2260B. Use of the Internet as an aggravating factor
    ``(a) In General.--It shall be unlawful for any person to--
            ``(1) commit a violation of section 1466A, 1470, 2251, 
        2251A, 2252, 2252A, 2252B, or 2260 that does not require, as an 
        element of such violation, the use of the Internet; and
            ``(2) use the Internet to commit the violation described in 
        paragraph (1).
    ``(b) Penalty.--
            ``(1) In general.--Any person who violates subsection (a) 
        shall be imprisoned for 10 years.
            ``(2) Consecutive sentence.--A term of imprisonment imposed 
        under this section shall be consecutive to the sentence of 
        imprisonment for any other offense.''.
    (b) Table of Sections.--The table of sections for chapter 110 of 
title 18, United States Code, is amended by adding at the end the 
following:

``2260B. Use of the Internet as an aggravating factor.''.

SEC. 7. REMOVAL OF OFFENDERS FROM SOCIAL NETWORKING SITES.

    Any online service provider (as that term is defined in section 
2257A of title 18, United States Code, as added by this Act) that is a 
social networking site shall implement effective measures to remove any 
web page hosted by that provider that is associated with any identifier 
listed in section 114(a) of the Sex Offender Registration and 
Notification Act (42 U.S.C. 16914(a)), as amended by this Act.
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