[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1965 Reported in Senate (RS)]

                                                       Calendar No. 538
110th CONGRESS
  1st Session
                                S. 1965

                          [Report No. 110-245]

   To protect children from cybercrimes, including crimes by online 
     predators, to enhance efforts to identify and eliminate child 
 pornography, and to help parents shield their children from material 
                   that is inappropriate for minors.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2007

 Mr. Stevens (for himself, Mr. Inouye, Mrs. Hutchison, Mr. Pryor, Mr. 
Nelson of Florida, Mr. Rockfeller, Mr. Bond, Mr. Thune, Mr. Vitter, Ms. 
Snowe, Ms. Murkowski, Mr. Kerry, Mr. Cochran, Mr. Hagel, Mr. Hatch, Mr. 
   Smith, Ms. Klobuchar, Mr. Coleman, Mr. Roberts, and Mrs. Lincoln) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                           December 12, 2007

                Reported by Mr. Inouye, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
   To protect children from cybercrimes, including crimes by online 
     predators, to enhance efforts to identify and eliminate child 
 pornography, and to help parents shield their children from material 
                   that is inappropriate for minors.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Protecting 
Children in the 21st Century Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
            TITLE I--PROMOTING A SAFE INTERNET FOR CHILDREN

Sec. 101. Internet safety.
Sec. 102. Public awareness campaign.
Sec. 103. Annual reports.
Sec. 104. Authorization of appropriations.
Sec. 105. Online safety and technology working group.
Sec. 106. Promoting online safety in schools.
Sec. 107. Definitions.
           TITLE II--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT

Sec. 201. Child pornography prevention; forfeitures related to child 
                            pornography violations.
Sec. 202. Additional child pornography amendments.

            TITLE I--PROMOTING A SAFE INTERNET FOR CHILDREN

SEC. 101. INTERNET SAFETY.

    For the purposes of this title, the issue of Internet safety 
includes issues regarding the use of the Internet in a manner that 
promotes safe online activity for children, protects children from 
cybercrimes, including crimes by online predators, and helps parents 
shield their children from material that is inappropriate for minors.

SEC. 102. PUBLIC AWARENESS CAMPAIGN.

    The Federal Trade Commission shall carry out a nationwide program 
to increase public awareness and provide education regarding strategies 
to promote the safe use of the Internet by children. The program shall 
utilize existing resources and efforts of the Federal Government, State 
and local governments, nonprofit organizations, private technology and 
financial companies, Internet service providers, World Wide Web-based 
resources, and other appropriate entities, that includes--
            (1) identifying, promoting, and encouraging best practices 
        for Internet safety;
            (2) establishing and carrying out a national outreach and 
        education campaign regarding Internet safety utilizing various 
        media and Internet-based resources;
            (3) facilitating access to, and the exchange of, 
        information regarding Internet safety to promote up-to-date 
        knowledge regarding current issues; and
            (4) facilitating access to Internet safety education and 
        public awareness efforts the Commission considers appropriate 
        by States, units of local government, schools, police 
        departments, nonprofit organizations, and other appropriate 
        entities.

SEC. 103. ANNUAL REPORTS.

    The Commission shall submit a report to the Senate Committee on 
Commerce, Science, and Transportation not later than March 31 of each 
year that describes the activities carried out under section 102 by the 
Commission during the preceding calendar year.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

    For carrying out the public awareness campaign under section 102, 
there are authorized to be appropriated to the Commission $5,000,000 
for each of fiscal years 2008 and 2009.

SEC. 105. ONLINE SAFETY AND TECHNOLOGY WORKING GROUP.

    (a) Establishment.--Within 90 days after the date of enactment of 
this Act, the Assistant Secretary of Commerce for Communications and 
Information shall establish an Online Safety and Technology working 
group comprised of representatives of relevant sectors of the business 
community, public interest groups, and other appropriate groups and 
Federal agencies to review and evaluate--
            (1) the status of industry efforts to promote online safety 
        through educational efforts, parental control technology, 
        blocking and filtering software, age-appropriate labels for 
        content or other technologies or initiatives designed to 
        promote a safe online environment for children;
            (2) the status of industry efforts to promote online safety 
        among providers of electronic communications services and 
        remote computing services by reporting apparent child 
        pornography under section 13032 of title 42, United States 
        Code, including amendments made by this Act with respect to the 
        content of such reports and any obstacles to such reporting;
            (3) the practices of electronic communications service 
        providers and remote computing service providers related to 
        record retention in connection with crimes against children; 
        and
            (4) the development of technologies to help parents shield 
        their children from inappropriate material on the Internet.
    (b) Report.--Within 1 year after the working group is first 
convened, it shall submit a report to the Assistant Secretary and the 
Senate Committee on Commerce, Science, and Transportation that--
            (1) describes in detail its findings, including any 
        information related to the effectiveness of such strategies and 
        technologies and any information about the prevalence within 
        industry of educational campaigns, parental control 
        technologies, blocking and filtering software, labeling, or 
        other technologies to assist parents; and
            (2) includes recommendations as to what types of incentives 
        could be used or developed to increase the effectiveness and 
        implementation of such strategies and technologies.
    (c) FACA Not To Apply to Working Group.--The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the working group.

SEC. 106. PROMOTING ONLINE SAFETY IN SCHOOLS.

    Section 254(h)(5)(B) of the Communications Act of 1934 (47 U.S.C. 
254(h)(5)(b)) is amended--
            (1) by striking ``and'' after the semicolon in clause (i);
            (2) by striking ``minors.'' in clause (ii) and inserting 
        ``minors; and''; and
            (3) by adding at the end the following:
                            ``(iii) as part of its Internet safety 
                        policy is educating minors about appropriate 
                        online behavior, including interacting with 
                        other individuals on social networking websites 
                        and in chat rooms and cyberbullying awareness 
                        and response.''.

SEC. 107. DEFINITIONS.

    In this title:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Internet.--The term ``Internet'' means collectively the 
        myriad of computer and telecommunications facilities, including 
        equipment and operating software, which comprise the 
        interconnected world-wide network of networks that employ the 
        Transmission Control Protocol/Internet Protocol, or any 
        predecessor successor protocols to such protocol, to 
        communicate information of all kinds by wire or radio.

           TITLE II--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT

SEC. 201. CHILD PORNOGRAPHY PREVENTION; FORFEITURES RELATED TO CHILD 
              PORNOGRAPHY VIOLATIONS.

    (a) In General.--Section 503(b)(1) of the Communications Act of 
1934 (47 U.S.C. 503(b)(1)) is amended--
            (1) by striking ``or'' after the semicolon in subparagraph 
        (C);
            (2) by striking ``or 1464'' in subparagraph (D) and 
        inserting ``1464, or 2252'';
            (3) by inserting ``or'' after the semicolon in subparagraph 
        (D); and
            (4) by inserting after subparagraph (D) the following:
            ``(E) violated any provision of section 227 of the Victims 
        of Child Abuse Act of 1990 (42 U.S.C. 13032);''.

SEC. 202. ADDITIONAL CHILD PORNOGRAPHY AMENDMENTS.

    (a) Increase in Fine for Failure To Report.--Section 227(b)(4) of 
the Crime Control Act of 1990 (42 U.S.C. 13032(b)(4)) is amended--
            (1) by striking ``$50,000;'' in subparagraph (A) and 
        inserting ``$150,000;''; and
            (2) by striking ``$100,000.'' in subparagraph (B) and 
        inserting ``$300,000.''.
    (b) International Information Sharing.--Section 227 of the Victims 
of Child Abuse Act of 1990 (42 U.S.C. 13032) is amended--
            (1) by striking ``a law enforcement agency or'' in 
        subsection (b)(1) and inserting ``appropriate Federal, State, 
        or foreign law enforcement agencies'';
            (2) by inserting ``Federal, State, or foreign'' after 
        ``designate the'' in subsection (b)(2);
            (3) by striking ``law.'' in subsection (b)(3) and inserting 
        ``law, or appropriate officials of foreign law enforcement 
        agencies designated by the Attorney General for the purpose of 
        enforcing State or Federal laws of the United States.'';
            (4) by redesignating paragraphs (3) and (4) of subsection 
        (b) as paragraphs (4) and (5), respectively, and inserting 
        after paragraph (2) the following:
            ``(3) Contents of report.--To the extent this information 
        is reasonably available to an electronic communication service 
        provider or a remote computing service provider, each report 
        under paragraph (1) shall include--
                    ``(A) information relating to the Internet identity 
                of any individual who appears to have violated any 
                section of title 18, United States Code, referenced in 
                paragraph (1), including any relevant user ID or other 
                online identifier, electronic mail addresses, website 
                address, uniform resource locator, or other identifying 
                information;
                    ``(B) information relating to when any apparent 
                child pornography was uploaded, transmitted, reported 
                to, or discovered by the electronic communication 
                service provider or a remote computing service 
                provider, as the case may be, including a date and time 
                stamp and time zone;
                    ``(C) information relating to geographic location 
                of the involved individual or reported content, 
                including the hosting website, uniform resource 
                locator, street address, zip code, area code, telephone 
                number, or Internet Protocol address;
                    ``(D) any image of any apparent child pornography 
                relating to the <DELETED>incident </DELETED>incident, 
                and any images commingled with images of apparent child 
                pornography, such report is regarding; and
                    ``(E) accurate contact information for the 
                electronic communication service provider or remote 
                computing service provider making the report, including 
                the address, telephone number, facsimile number, 
                electronic mail address of, and individual point of 
                contact for such electronic communication service 
                provider or remote computing service provider.'';
            (5) by inserting ``section 404 of the Missing Children's 
        Assistance Act (42 U.S.C. 5773),'' after ``section,'' in 
        subsection (g)(1); and
            (6) by adding at the end thereof the following:
    ``(h) Use of Information To Combat Child Pornography.--The National 
Center for Missing and Exploited Children is authorized to provide 
elements relating to any <DELETED>image, including the image itself, 
</DELETED>image or other relevant information reported to its Cyber Tip 
Line to an electronic communication service provider or a remote 
computing service provider for the sole and exclusive purpose of 
permitting that electronic communication service provider or remote 
computing service provider to stop the further transmission of images 
and develop anti-child pornography technologies and related industry 
best practices. Any electronic communication service provider or remote 
computing service provider that receives information from the National 
Center for Missing and Exploited Children under this subsection may use 
such information only for the purposes described in this subsection.''.
                                                       Calendar No. 538

110th CONGRESS

  1st Session

                                S. 1965

                          [Report No. 110-245]

_______________________________________________________________________

                                 A BILL

   To protect children from cybercrimes, including crimes by online 
     predators, to enhance efforts to identify and eliminate child 
 pornography, and to help parents shield their children from material 
                   that is inappropriate for minors.

_______________________________________________________________________

                           December 12, 2007

                        Reported with amendments