110 HR 837 IH: Internet Stopping Adults Facilitating U.S. House of Representatives 2007-02-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 837 IN THE HOUSE OF REPRESENTATIVES February 6, 2007 Mr. Smith of Texas (for himself, Mr. Forbes, Mr. Gallegly, Mr. Chabot, Mr. Feeney, Mr. Franks of Arizona, and Mr. Pence) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to protect youth from exploitation by adults using the Internet, and for other purposes.

1.

Short title

This Act may be cited as the Internet Stopping Adults Facilitating the Exploitation of Today’s Youth Act (SAFETY) of 2007.

2.

Financial facilitation of access to child pornography

(a)

Offense

Chapter 95 of title 18, United States Code, is amended by adding at the end the following:

1960A.

Financial facilitation of access to child pornography

Whoever knowingly conducts, or attempts or conspires to conduct, a financial transaction (as defined in section 1956(c)) in or affecting interstate or foreign commerce, knowing that such transaction will facilitate access to, or the possession of, child pornography (as defined in section 2256) shall be fined under this title or imprisoned not more than 20 years, or both.

. (b)

Clerical amendment

The table of sections at the beginning of chapter 95 of title 18, United States Code, is amended by adding at the end the following new item: 1960A. Financial facilitation of access to child pornography. .

3.

Internet facilitation of child pornography and exploitation of children

(a)

Offense

Chapter 95 of title 18, United States Code, is amended by adding at the end the following:

1960B.

Internet facilitation of child pornography and exploitation of children

(a)

Offense

Whoever, being an Internet content hosting provider or email service provider, knowingly engages in any conduct the provider knows or has reason to believe facilitates access to, or the possession of, child pornography (as defined in section 2256) shall be fined under this title or imprisoned not more than 10 years, or both. (b)

Definitions

As used in this section— (1)the term Internet content hosting provider means a service that— (A)stores, through electromagnetic or other means, electronic data, including the content of web pages, electronic mail, documents, images, audio and video files, online discussion boards, and weblogs; and (B)makes such data available via the Internet (2)the term email service provider means a person that— (A)provides a service, using the Internet, for the transmission, receipt, storage, and retrieval, by registered users, of electronic mail messages; and (B)receives the content of, and recipient list for, electronic mail messages that it transmits, receives, or stores for the person or entity procuring such services.

. (b)

Clerical amendment

The table of sections at the beginning of chapter 95 of title 18, United States Code, is amended by adding at the end the following new item: 1960B. Internet facilitation of child pornography and exploitation of children .

4.

Child pornography reporting

(a)

Child Pornography Reporting

Section 227(b)(4) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032(b)(4)) is amended to read as follows: (4)

Failure to report

(A)

Knowing failure

A provider of electronic communication services or remote computing services described in paragraph (1) who knowingly fails to make a report under that paragraph shall be fined— (i)in the case of an initial failure to make a report, not more than $150,000; and (ii)in the case of any second or subsequent failure to make a report, not more than $300,000. (B)

Negligent failure

A provider of electronic communication services or remote computing services described in paragraph (1) who negligently fails to make a report under that paragraph shall be subject to a civil penalty of— (i)in the case of an initial failure to make a report, not more than $50,000; and (ii)in the case of any second or subsequent failure to make a report, not more than $100,000. (C)

Authority

For the purposes of this paragraph, the Federal Communications Commission— (i)may levy civil penalties under subparagraph (B); and (ii)shall promulgate regulations, in consultation with the Attorney General, to— (I)effectuate the purposes of subparagraph (B); and (II)provide for appropriate administrative review of any civil penalties levied under that subparagraph. .

5.

Money laundering predicate

Section 1956(c)(7)(D) of title 18, United States Code, is amended— (1)by inserting 1466A (relating to obscene visual representation of the abuse of children), before section 1708; (2)1960A (relating to financial facilitation of access to child pornography), 1960B (relating to Internet facilitation of child pornography and exploitation of children), before section 2113; and (3)by inserting 2252A (relating to child pornography), 2260A (relating to increased penalties for registered sex offenders), before section 2280.

6.

Record retention requirements for Internet Service Providers

(a)

Regulations

Not later than 90 days after the date of the enactment of this section, the Attorney General shall issue regulations governing the retention of records by Internet Service Providers. Such regulations shall, at a minimum, require retention of records, such as the name and address of the subscriber or registered user to whom an Internet Protocol address, user identification or telephone number was assigned, in order to permit compliance with court orders that may require production of such information. (b)

Failure To comply

Whoever knowingly fails to retain any record required under this section shall be fined under title 18, United States Code, and imprisoned for not more than one year, or both.

7.

Increased penalties for sexual exploitation of children

Section 2251(e) of title 18, United States Code, is amended— (1)by striking 15 years nor more than 30 years and inserting 20 years or for life; and (2)by striking not less than 25 years nor more than 50 years, and all that follows through not less than 35 years nor more than life. and inserting life..

8.

Increased penalties for activities relating to material involving the sexual exploitation of children

Section 2252(b) of title 18, United States Code, is amended— (1)in paragraph (1)— (A)by striking 5 years and not more than 20 years and inserting 15 years or for life; and (B)by striking not less than 15 years nor more than 40 years. and inserting life.; and (2)in paragraph (2)— (A)by striking or imprisoned not more than 10 years, or both and inserting and imprisoned for not less than 3 years nor more than 20 years; and (B)by striking 10 years nor more than 20 years. and inserting 20 years or for life..

9.

Increased penalties for activities relating to material constituting or containing child pornography

Section 2252A(b) of title 18, United States Code, is amended— (1)in paragraph (1)— (A)by striking 5 years and not more than 20 years and inserting 15 years or for life; and (B)by striking not less than 15 years nor more than 40 years and inserting life; and (2)in paragraph (2)— (A)by striking or imprisoned not more than 10 years, or both and inserting and imprisoned for not less than 3 years nor more than 20 years; and (B)by striking 10 years nor more than 20 years and inserting 20 years or for life.

10.

Requirement to place warning marks on commercial websites containing sexually explicit material

(a)

Definitions

In this section— (1)the term Commission means the Federal Trade Commission; (2)the term website means any collection of material placed in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol or any successor protocol except that the term does not include any collection of material where access to sexually explicit material is restricted to a specific set of individuals through the provision of a password or through another access restriction mechanism; (3)the term sexually explicit material means any material that depicts sexually explicit conduct (as that term is defined in subsection (2)(A) of section 2256 of title 18, United States Code), unless the depiction constitutes a small and insignificant part of the whole, the remainder of which is not primarily devoted to sexual matters; (4)the term Internet means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol or any successor protocol to transmit information; and (5)the term Internet access service— (A)means a service that enables users to access content, information, electronic mail, or other services offered over the Internet, and may also include access to proprietary content, information, and other services as part of a package of services offered to consumers; and (B)does not include telecommunications services. (b)

Labeling requirement

Except as provided in subsection (d), no person who operates a website that is primarily operated for commercial purposes, in or affecting interstate or foreign commerce, may knowingly, and with knowledge of the character of the material, place on that website sexually explicit material, and fail— (1)to include on each page of the website that contains sexually explicit material, the marks and notices prescribed by the Commission under subsection (c); or (2)to ensure that the matter on the website that is initially viewable, absent any further actions by the viewer, does not include any sexually explicit material. (c)

Prescription of marks and notices

Not later than 90 days after the date of enactment of this Act, the Commission shall, in consultation with the Attorney General, establish by regulation clearly identifiable marks or notices to be included in the code, if technologically feasible, or if not feasible on the pages, of websites that contain sexually explicit material in order to inform the viewer of that fact and to facilitate the filtering of such pages. (d)

Inapplicability to carriers and other service providers

This section shall not apply to a person, to the extent that such person is— (1)a telecommunications carrier engaged in the provision of a telecommunications service; (2)a person engaged in the business of providing an Internet access service; or (3)similarly engaged in the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication made by another person, without selection or alteration of the content of the communication, and such person's deletion of a particular communication or material made by another person in a manner consistent with any applicable law or regulation shall not constitute selection or alteration of the content of the communication. (e)

Penalties

Whoever violates subsection (b)— (1)shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both; and (2)shall be fined under title 18, United States Code, and imprisoned for not less than 5 years nor more than 15 years, if such person has a prior conviction under— (A)this section; (B)section 1591 or chapter 71, chapter 109A, chapter 110, or chapter 117 of title 18, United States Code; (C)section 920 of title 10, United States Code, (article 120 of the Uniform Code of Military Justice); or (D)the laws of any State relating to— (i)aggravated sexual abuse, sexual abuse, or abusive sexual contact involving a minor or ward; (ii)the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography; or (iii)sex trafficking of children.

11.

Additional RICO predicates

Section 1961(1) of title 18, United States Code, is amended— (1)by inserting section 641 (relating to embezzlement or theft of public money, property, or records, after 473 (relating to counterfeiting),; and (2)by inserting section 666 (relating to theft or bribery concerning programs receiving Federal funds), after section 664 (relating to embezzlement from pension and welfare funds),.

12.

Additional resources for the Innocent Images National Initiative

(a)

Authorization of appropriations

There are authorized to be appropriated to the Director of the Federal Bureau of Investigation to carry out the Innocent Images National Initiative, $30,000,000 for each of the fiscal years 2008 through 2012. (b)

Availability

Any amounts appropriated pursuant to subsection (a) shall remain available until expended.