[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 431 Enrolled Bill (ENR)]
S.431
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
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 ``Keeping the Internet Devoid of
Sexual Predators Act of 2008'' or the ``KIDS Act of 2008''.
SEC. 2. DIRECTION TO THE ATTORNEY GENERAL.
(a) Requirement That Sex Offenders Provide Certain Internet Related
Information to Sex Offender Registries.--The Attorney General, using
the authority provided in section 114(a)(7) of the Sex Offender
Registration and Notification Act, shall require that each sex offender
provide to the sex offender registry those Internet identifiers the sex
offender uses or will use of any type that the Attorney General
determines to be appropriate under that Act. These records of Internet
identifiers shall be subject to the Privacy Act (5 U.S.C. 552a) to the
same extent as the other records in the National Sex Offender Registry.
(b) Timeliness of Reporting of Information.--The Attorney General,
using the authority provided in section 112(b) of the Sex Offender
Registration and Notification Act, shall specify the time and manner
for keeping current information required to be provided under this
section.
(c) Nondisclosure to General Public.--The Attorney General, using
the authority provided in section 118(b)(4) of the Sex Offender
Registration and Notification Act, shall exempt from disclosure all
information provided by a sex offender under subsection (a).
(d) Notice to Sex Offenders of New Requirements.--The Attorney
General shall ensure that procedures are in place to notify each sex
offender of changes in requirements that apply to that sex offender as
a result of the implementation of this section.
(e) Definitions.--
(1) Of ``social networking website''.--As used in this Act, the
term ``social networking website''--
(A) means an Internet website--
(i) that allows users, through the creation of web
pages or profiles or by other means, to provide information
about themselves that is available to the public or to
other users; and
(ii) that offers a mechanism for communication with
other users where such users are likely to include a
substantial number of minors; and
(iii) whose primary purpose is to facilitate online
social interactions; and
(B) includes any contractors or agents used by the website
to act on behalf of the website in carrying out the purposes of
this Act.
(2) Of ``internet identifiers''.--As used in this Act, the term
``Internet identifiers'' means electronic mail addresses and other
designations used for self-identification or routing in Internet
communication or posting.
(3) Other terms.--A term defined for the purposes of the Sex
Offender Registration and Notification Act has the same meaning in
this Act.
SEC. 3. CHECKING SYSTEM FOR SOCIAL NETWORKING WEBSITES.
(a) In General.--
(1) Secure system for comparisons.--The Attorney General shall
establish and maintain a secure system that permits social
networking websites to compare the information contained in the
National Sex Offender Registry with the Internet identifiers of
users of the social networking websites, and view only those
Internet identifiers that match. The system--
(A) shall not require or permit any social networking
website to transmit Internet identifiers of its users to the
operator of the system, and
(B) shall use secure procedures that preserve the secrecy
of the information made available by the Attorney General,
including protection measures that render the Internet
identifiers and other data elements indecipherable.
(2) Provision of information relating to identity.--Upon
receiving a matched Internet identifier, the social networking
website may make a request of the Attorney General for, and the
Attorney General shall provide promptly, information related to the
identity of the individual that has registered the matched Internet
identifier. This information is limited to the name, sex, resident
address, photograph, and physical description.
(b) Qualification for Use of System.--A social networking website
seeking to use the system shall submit an application to the Attorney
General which provides--
(1) the name and legal status of the website;
(2) the contact information for the website;
(3) a description of the nature and operations of the website;
(4) a statement explaining why the website seeks to use the
system;
(5) a description of policies and procedures to ensure that--
(A) any individual who is denied access to that website on
the basis of information obtained through the system is
promptly notified of the basis for the denial and has the
ability to challenge the denial of access; and
(B) if the social networking website finds that information
is inaccurate, incomplete, or cannot be verified, the site
immediately notifies the appropriate State registry and the
Department of Justice, so that they may delete or correct that
information in the respective State and national databases;
(6) the identity and address of, and contact information for,
any contractor that will be used by the social networking website
to use the system; and
(7) such other information or attestations as the Attorney
General may require to ensure that the website will use the
system--
(A) to protect the safety of the users of such website; and
(B) for the limited purpose of making the automated
comparison described in subsection (a).
(c) Searches Against the System.--
(1) Frequency of use of the system.--A social networking
website approved by the Attorney General to use the system may
conduct searches under the system as frequently as the Attorney
General may allow.
(2) Authority of attorney general to suspend use.--The Attorney
General may deny, suspend, or terminate use of the system by a
social networking website that--
(A) provides false information in its application for use
of the system;
(B) may be using or seeks to use the system for any
unlawful or improper purpose;
(C) fails to comply with the procedures required under
subsection (b)(5); or
(D) uses information obtained from the system in any way
that is inconsistent with the purposes of this Act.
(3) Limitation on release of internet identifiers.--
(A) No public release.--Neither the Attorney General nor a
social networking website approved to use the system may
release to the public any list of the Internet identifiers of
sex offenders contained in the system.
(B) Additional limitations.--The Attorney General shall
limit the release of information obtained through the use of
the system established under subsection (a) by social
networking websites approved to use such system.
(C) Strict adherence to limitation.--The use of the system
established under subsection (a) by a social networking website
shall be conditioned on the website's agreement to observe the
limitations required under this paragraph.
(D) Rule of construction.--This subsection shall not be
construed to limit the authority of the Attorney General under
any other provision of law to conduct or to allow searches or
checks against sex offender registration information.
(4) Payment of fee.--A social networking website approved to
use the system shall pay any fee established by the Attorney
General for use of the system.
(5) Limitation on liability.--
(A) In general.--A civil claim against a social networking
website, including any director, officer, employee, parent,
contractor, or agent of that social networking website, arising
from the use by such website of the National Sex Offender
Registry, may not be brought in any Federal or State court.
(B) Intentional, reckless, or other misconduct.--
Subparagraph (A) does not apply to a claim if the social
networking website, or a director, officer, employee, parent,
contractor, or agent of that social networking website--
(i) engaged in intentional misconduct; or
(ii) 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 described in paragraph
(3).
(C) Minimizing access.--A social networking website shall
minimize the number of employees that are provided access to
the Internet identifiers for which a match has been found
through the system.
(6) Rule of construction.--Nothing in this section shall be
construed to require any Internet website, including a social
networking website, to use the system, and no Federal or State
liability, or any other actionable adverse consequence, shall be
imposed on such website based on its decision not to do so.
SEC. 4. MODIFICATION OF MINIMUM STANDARDS REQUIRED FOR ELECTRONIC
MONITORING UNITS USED IN SEXUAL OFFENDER MONITORING PILOT PROGRAM.
(a) In General.--Subparagraph (C) of section 621(a)(1) of the Adam
Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16981(a)(1))
is amended to read as follows:
``(C) Minimum standards.--The electronic monitoring units
used in the pilot program shall at a minimum--
``(i) provide a tracking device for each offender that
contains a central processing unit with global positioning
system; and
``(ii) permit continuous monitoring of offenders 24
hours a day.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to grants provided on or after the date of the enactment of this
Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.