[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.