[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 431 Engrossed in Senate (ES)]
110th CONGRESS
2d Session
S. 431
_______________________________________________________________________
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. REGISTRATION OF ONLINE IDENTIFIERS OF SEX OFFENDERS.
(a) In General.--Section 114(a) of the Sex Offender Registration
and Notification Act (42 U.S.C. 16914(a)) is amended--
(1) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8); and
(2) by inserting after paragraph (3) the following:
``(4) Any electronic mail address or other designation the
sex offender uses or will use for self-identification or
routing in Internet communication or posting.''.
(b) Updating of Information.--Section 113(c) of the Sex Offender
Registration and Notification Act (42 U.S.C. 16913(c)) is amended by
adding at the end the following: ``The Attorney General shall have the
authority to specify the time and manner for reporting of other changes
in registration information, including any addition or change of an
electronic mail address or other designation used for self-
identification or routing in Internet communication or posting.''.
(c) Failure To Register Online Identifiers.--Section 2250 of title
18, United States Code, is amended--
(1) in subsection (b), by inserting ``or (d)'' after
``subsection (a)''; and
(2) by adding at the end the following:
``(d) Knowing Failure To Register Online Identifiers.--Whoever--
``(1) is required to register under the Sex Offender
Registration and Notification Act (42 U.S.C. 16901 et seq.);
and
``(2) uses an email address or any other designation used
for self-identification or routing in Internet communication or
posting which the individual knowingly failed to provide for
inclusion in a sex offender registry as required under that
Act;
shall be fined under this title or imprisoned not more than 10 years,
or both.''.
(d) Conforming Amendment; Directive to United States Sentencing
Commission.--Section 141(b) of the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248; 120 Stat. 602) is amended by
striking ``offense specified in subsection (a)'' and inserting
``offenses specified in subsections (a) and (d) of section 2250 of
title 18, United States Code''.
SEC. 3. CHECKING OF ONLINE IDENTIFIERS AGAINST SEX OFFENDER
REGISTRATION INFORMATION.
(a) Public Access.--Section 118(b) of the Sex Offender Registration
and Notification Act (42 U.S.C. 16918(b)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) any electronic mail address or designation used for
self-identification or routing in Internet communication or
posting; and''.
(b) Online Identifier Checking System for Social Networking
Websites.--Section 121 of the Sex Offender Registration and
Notification Act (42 U.S.C. 16921) is amended by adding at the end the
following:
``(d) Checking System for Social Networking Websites.--
``(1) In general.--The Attorney General shall maintain a
system available to social networking websites that permits the
automated comparison of lists or databases of the electronic
mail addresses and other designations used for self-
identification or routing in Internet communication or posting
of the registered users of such websites, to the corresponding
information contained in or derived from sex offender
registries.
``(2) Qualification for use of system.--A social networking
website seeking to use the system established under paragraph
(1) shall submit an application to the Attorney General which
provides--
``(A) the name and legal status of the website;
``(B) the contact information for the website;
``(C) a description of the nature and operations of
the website;
``(D) a statement explaining why the website seeks
to use the system; and
``(E) such other information or attestations as the
Attorney General may require to ensure that the website
will use the system--
``(i) to protect the safety of the users of
such website; and
``(ii) not for any unlawful or improper
purpose.
``(3) Searches against the system.--
``(A) In general.--A social networking website
approved to use the system established under paragraph
(1) shall--
``(i) submit the information to be compared
in a form satisfying the technical requirements
for searches against the system; and
``(ii) pay any fee established by the
Attorney General for use of the system.
``(B) Frequency of use of the system.--A social
networking website approved by the Attorney General to
use the system established under paragraph (1) may
conduct searches under the system as frequently as the
Attorney General may allow.
``(C) Authority of ag to suspend use.--The Attorney
General may deny, suspend, or terminate use of the
system by a social networking website that--
``(i) provides false information in its
application for use of the system; or
``(ii) may be using or seeks to use the
system for any unlawful or improper purpose.
``(4) Limitation on release of internet identifiers.--
``(A) No public release.--Neither the Attorney
General nor a social networking website approved to use
the system established under paragraph (1) may release
to the public any list of the e-mail addresses or other
designations used for self-identification or routing in
Internet communication or posting 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 paragraph (1)
by social networking websites approved to use such
system.
``(C) Strict adherence to limitation.--The use of
the system established under paragraph (1) 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.
``(5) Limitation on liability.--
``(A) In general.--A civil claim against a social
networking website, including any director, officer,
employee, parent, 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.--
Subsection (a) shall not apply to a claim if the social
networking website, or a director, officer, employee,
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) Ordinary business activities.--Subsection (a)
shall not apply to an act or omission to act relating
to an ordinary business activity of any social
networking website, including to any acts related to
the general administration or operations of such
website, the use of motor vehicles by employees or
agents of such website, or any personnel management
decisions of such websites.
``(D) Minimizing access.--A social networking
website shall minimize the number of employees that are
provided access to the list of electronic mail
addresses, and other designations used for self-
identification or routing in Internet communication or
posting by persons in the National Sex Offender
Registry.
``(6) Rule of construction.--Nothing is this section shall
be construed to require any Internet website, including a
social networking website, to compare its database of
registered users with the list of electronic mail addresses and
other designations used for self-identification or routing in
Internet communication or posting by persons in the National
Sex Offender Registry, and no Federal or State liability, or
any other actionable adverse consequence, shall be imposed on
such website based on its decision not to compare its database
with such list.''.
SEC. 4. DEFINITIONS.
Section 111 of the Sex Offender Registration and Notification Act
(42 U.S.C. 16911) is amended by adding at the end the following:
``(15) The term `social networking website' means an
Internet website that--
``(A) allows users, through the creation of web
pages or profiles or by other means, to provide
information about themselves that is available publicly
or to other users; and
``(B) offers a mechanism for communication with
other users.
``(16) The term `Internet' has the meaning given that term
in section 1101 of the Internet Tax Freedom Act (47 U.S.C. 151
note).
``(17) The term `electronic mail address' has the meaning
given that term in section 3 of the Controlling the Assault of
Non-Solicited Pornography and Marketing Act of 2003 (15 U.S.C.
7702).''.
SEC. 5. CRIMINALIZATION OF AGE MISREPRESENTATION IN CONNECTION WITH
ONLINE SOLICITATION OF A MINOR.
Section 2422 of title 18, United States Code, is amended by adding
at the end the following:
``(c) Misrepresentation of Age.--Whoever knowingly misrepresents
his or her age using the Internet or any other facility or means of
interstate or foreign commerce or the mail, with the intent to further
or facilitate a violation of this section, shall be fined under this
title and imprisoned not more than 20 years. A sentence imposed under
this subsection shall be in addition and consecutive to any sentence
imposed for the offense the age misrepresentation was intended to
further or facilitate.''.
SEC. 6. KNOWINGLY ACCESSING CHILD PORNOGRAPHY WITH THE INTENT TO VIEW
CHILD PORNOGRAPHY.
(a) Materials Involving Sexual Exploitation of Minors.--Section
2252(a)(4) of title 18, United States Code, is amended--
(1) in subparagraph (A), by inserting ``, or knowingly
accesses with intent to view,'' after ``possesses''; and
(2) in subparagraph (B), by inserting ``, or knowingly
accesses with intent to view,'' after ``possesses''.
(b) Materials Constituting or Containing Child Pornography.--
Section 2252A(a)(5) of title 18, United States Code, is amended--
(1) in subparagraph (A), by inserting ``, or knowingly
accesses with intent to view,'' after ``possesses''; and
(2) in subparagraph (B), by inserting ``, or knowingly
accesses with intent to view,'' after ``possesses''.
SEC. 7. CLARIFYING BAN OF CHILD PORNOGRAPHY.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended--
(1) in section 2251--
(A) in each of subsections (a), (b), and (d), by
inserting ``using any means or facility of interstate
or foreign commerce or'' after ``be transported'';
(B) in each of subsections (a) and (b), by
inserting ``using any means or facility of interstate
or foreign commerce or'' after ``been transported'';
(C) in subsection (c), by striking ``computer''
each place that term appears and inserting ``using any
means or facility of interstate or foreign commerce'';
and
(D) in subsection (d), by inserting ``using any
means or facility of interstate or foreign commerce
or'' after ``is transported'';
(2) in section 2251A(c), by inserting ``using any means or
facility of interstate or foreign commerce or'' after ``or
transported'';
(3) in section 2252(a)--
(A) in paragraph (1), by inserting ``using any
means or facility of interstate or foreign commerce
or'' after ``ships'';
(B) in paragraph (2)--
(i) by inserting ``using any means or
facility of interstate or foreign commerce or''
after ``distributes, any visual depiction'';
and
(ii) by inserting ``using any means or
facility of interstate or foreign commerce or''
after ``depiction for distribution'';
(C) in paragraph (3)--
(i) by inserting ``using any means or
facility of interstate or foreign commerce''
after ``so shipped or transported''; and
(ii) by striking ``by any means,''; and
(D) in paragraph (4), by inserting ``using any
means or facility of interstate or foreign commerce
or'' after ``has been shipped or transported''; and
(4) in section 2252A(a)--
(A) in paragraph (1), by inserting ``using any
means or facility of interstate or foreign commerce
or'' after ``ships'';
(B) in paragraph (2), by inserting ``using any
means or facility of interstate or foreign commerce''
after ``mailed, or'' each place it appears;
(C) in paragraph (3), by inserting ``using any
means or facility of interstate or foreign commerce
or'' after ``mails, or'' each place it appears;
(D) in each of paragraphs (4) and (5), by inserting
``using any means or facility of interstate or foreign
commerce or'' after ``has been mailed, or shipped or
transported''; and
(E) in paragraph (6), by inserting ``using any
means or facility of interstate or foreign commerce
or'' after ``has been mailed, shipped, or
transported''.
(b) Affecting Interstate Commerce.--Chapter 110 of title 18, United
States Code, is amended in each of sections 2251, 2251A, 2252, and
2252A, by striking ``in interstate'' each place it appears and
inserting ``in or affecting interstate''.
(c) Certain Activities Relating to Material Involving the Sexual
Exploitation of Minors.--Section 2252(a)(3)(B) of title 18, United
States Code, is amended by inserting ``, shipped, or transported using
any means or facility of interstate or foreign commerce'' after ``that
has been mailed''.
(d) Certain Activities Relating to Material Constituting or
Containing Child Pornography.--Section 2252A(a)(6)(C) of title 18,
United States Code, is amended by striking ``or by transmitting'' and
all that follows through ``by computer,'' and inserting ``or any means
or facility of interstate or foreign commerce,''.
Passed the Senate May 20, 2008.
Attest:
Secretary.
110th CONGRESS
2d Session
S. 431
_______________________________________________________________________
AN ACT
To require convicted sex offenders to register online identifiers, and
for other purposes.