Short title

This Act may be cited as the

Responsible and Effective Solutions for Children Using and Entering Online Services Act of 2007

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.

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.

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.

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).

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.