[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3850 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3850

 To improve the collection and use of data related to crimes of child 
                 exploitation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 16, 2007

Mr. Carney (for himself and Mr. Chabot) introduced the following bill; 
       which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To improve the collection and use of data related to crimes of child 
                 exploitation, 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 ``Responsible and Effective Solutions 
for Children Using and Entering Online Services Act of 2007''.

SEC. 2. DATA RELATING TO CRIMES OF CHILD EXPLOITATION.

    Section 227(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
13032(b)) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively;
            (2) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) Contents of report.--
                    ``(A) A provider of electronic communication 
                services or remote computing services described in 
                paragraph (1) who makes a report under that paragraph 
                shall, to the extent possible, include in such report 
                information related to the facts and circumstances of 
                such report that is reasonably available to the 
                provider, and that the provider considers to be 
                reliable information, which may include--
                            ``(i) any identifying information of the 
                        person who is the subject of the report, 
                        including--
                                    ``(I) a user identification or 
                                other online identifier;
                                    ``(II) an electronic mail address;
                                    ``(III) a website address; or
                                    ``(IV) a uniform resource locator;
                            ``(ii) information pertaining to the 
                        geographic location of the person, website, or 
                        URL involved in the alleged incident, which may 
                        include--
                                    ``(I) street address;
                                    ``(II) telephone number;
                                    ``(III) area code;
                                    ``(IV) ZIP code; or
                                    ``(V) Internet Protocol address;
                            ``(iii) any image of apparent child 
                        pornography that is the subject of the report;
                            ``(iv) the dates and times of the incident 
                        of apparent child pornography, which may 
                        include when images were uploaded, transmitted, 
                        reported, or discovered; and
                            ``(v) if not registered with the National 
                        Center for Missing and Exploited Children, 
                        accurate contact information for such provider, 
                        including address, telephone number, facsimile 
                        number, electronic mail address, and an 
                        individual point of contact for such provider.
                    ``(B) A provider of electronic communication 
                services or remote computing services who makes a 
                report under paragraph (1) and provides information in 
                good faith compliance shall not be considered in 
                violation of this section.'';
            (3) by amending paragraph (4) (as so redesignated by 
        paragraph (1) of this subsection) to read as follows:
            ``(4) State, local, and international referrals.--In 
        addition to forwarding such reports to those agencies 
        designated in paragraph (2), the National Center for Missing 
        and Exploited Children is authorized to forward any such report 
        to an appropriate official of a State or subdivision of a State 
        for the purpose of enforcing State criminal law, or to an 
        appropriate official of a foreign law enforcement agency that--
                    ``(A) is willing to reciprocally refer such reports 
                to law enforcement authorities in the United States;
                    ``(B) is a signatory to the Council of Europe 
                Convention on Cybercrime or a Mutual Legal Assistance 
                Treaty with the United States;
                    ``(C) has set forth a legal basis to use the 
                materials for purposes of investigating, or engaging in 
                enforcement proceedings related to, possible violations 
                of foreign laws related to child pornography and child 
                exploitation similar to practices prohibited by 
                sections 2251, 2251A, 2252, 2252A, 2252B, or 2260 of 
                title 18, United States Code, involving child 
                pornography (as defined in section 2256 of that title), 
                or 1466A of that title;
                    ``(D) has set forth a bona fide legal basis for the 
                foreign law enforcement agency's authority to maintain 
                the material in confidence; and
                    ``(E) is not from a foreign state that the 
                Secretary of State has determined, in accordance with 
                section 6(i) of the Export Administration Act of 1979 
                (50 U.S.C. App. 2405(i)), has repeatedly provided 
                support for acts of international terrorism, unless and 
                until such determination is rescinded pursuant to 
                section 6(i)(4) of that Act (50 U.S.C. App. 
                2405(i)(4)).''; and
            (4) by adding at the end the following new paragraph:
            ``(6) Duty to preserve evidence.--The Attorney General 
        shall designate necessary staff members, as specified by the 
        Attorney General, who are assigned to work full-time at the 
        National Center for Missing and Exploited Children on reports 
        of child pornography to have responsibility for issuing 
        preservation requests under section 2703(f) of title 18, United 
        States Code, to a provider of electronic communication services 
        or remote computing services to preserve any records or other 
        information related to the facts or circumstances used by such 
        provider to make a report under paragraph (1) which has been 
        referred for investigation to an Internet Crimes Against 
        Children Task Force in the jurisdiction of such law enfocement 
        agency. Such preservation request may be issued related to--
                    ``(A) a report to the Cyber Tip Line made by a 
                provider of electronic communication services or remote 
                computing services pursuant to paragraph (1); or
                    ``(B) a report to the Cyber Tip Line made by a 
                member of the public or a provider of electronic 
                communication services or remote computing services, if 
                the circumstances are such that the provider of 
                electronic communication services or remote computing 
                services reasonably believes that an emergency 
                involving the immediate danger or serious physical 
                injury to any child justifies preservation.''.

SEC. 3. ENHANCED IMMUNITY TO ENCOURAGE REPORTING BY PROVIDERS.

    Section 227(c) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
13032(c)) is amended to read as follows:
    ``(c) Limited Liability.--No civil claim or criminal charge may be 
brought in Federal or State court against any provider of electronic 
communication services or remote computer services on account of any 
action taken in good faith by such provider to comply with or pursuant 
to this section.''.

SEC. 4. USE OF INFORMATION BY THE NCMEC.

    Section 227(f) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
13032(f)) is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragaph (1) the following new 
        paragraph:
            ``(2) Use of information to combat child pornography.--The 
        National Center for Missing and Exploited Children is 
        authorized to provide elements relating to any image, including 
        the image itself, or other relevant information reported to its 
        Cyber Tipline in accordance with this section, to any provider 
        of electronic communication services or remote computing 
        services for the purposes described in subparagraphs (A) and 
        (B), if such provider provides an assurance that such elements 
        shall be used by the provider only for the following purposes:
                    ``(A) To permit such provider to stop the further 
                transmission of child pornography images.
                    ``(B) To develop technologies to prevent and detect 
                child pornography.
                    ``(C) To develop industry best practices related to 
                the prevention and detection of child pornography.''.

SEC. 5. ADDITIONAL PROVISIONS.

    Section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
13032(c)) is further amended by adding at the end the following new 
subsections:
    ``(h) State Preemption.--Any law, regulation, provision, or action 
of any State that requires any person to notify another person, 
governmental agency, or other entity regarding images of child 
pornography or of child sexual exploitation displayed or transmitted on 
the Internet, or under which liability is imposed on any person for 
failure to notify another person, a governmental agency, or other 
entity regarding such images shall be preempted.
    ``(i) Reports to Congress.--
            ``(1) Annual report by the attorney general.--The Attorney 
        General of the United States shall submit to Congress, and make 
        publicly available on the website of the Department of Justice, 
        an annual report containing--
                    ``(A) the number of--
                            ``(i) investigations by Federal, State, and 
                        local law enforcement agencies of crimes of 
                        sexual exploitation against children that are 
                        initiated by a report made to the National 
                        Center for Missing and Exploited Children under 
                        subsection (b)(1);
                            ``(ii) prosecutions resulting from 
                        investigations by Federal, State, and local law 
                        enforcement agencies of crimes of sexual 
                        exploitation against children initiated by such 
                        a report;
                            ``(iii) convictions resulting from 
                        prosecutions by Federal, State, and local 
                        authorities of crimes of sexual exploitation 
                        against children initiated by such a report; 
                        and
                            ``(iv) convictions of repeat offenders 
                        initiated by such a report;
                    ``(B) descriptions of sentences given to persons 
                convicted as a result of investigations initiated by 
                such a report;
                    ``(C) the length of time between initiation and 
                completion of investigations, prosecutions, and 
                convictions initiated by such a report;
                    ``(D) the results of investigation initiated by 
                such a report, including whether a closed investigation 
                was reopened, the reasons an investigation was reopened 
                (if applicable), and the ultimate result of the 
                investigation.
            ``(2) Annual verification report by the inspector 
        general.--The Inspector General of the Department of Justice 
        shall submit to Congress, and make publicly available on the 
        website of the Department of Justice, an independent 
        verification of the report submitted by the Attorney General in 
        accordance with paragraph (1).''.

SEC. 6. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect 
180 days after the date of the enactment of this Act.
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