[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 431 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 431

To require convicted sex offenders to register online identifiers, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 30, 2007

Mr. Schumer (for himself and Mr. McCain) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
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 2007'' or the ``KIDS Act of 2007''.

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, instant message address, 
        or other similar Internet identifier the sex offender used or 
        will use to communicate over the Internet.''.
    (b) Updating of Information.--Section 113(c) of the Sex Offender 
Registration and Notification Act (42 U.S.C. 16913(c)) is amended by 
inserting ``and before any use of an electronic mail address, instant 
message address, or other similar Internet identifier not provided 
under subsection (b) by the sex offender to communicate over the 
Internet,'' after ``or student status,''.
    (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) Failure To Register Online Identifiers.--
            ``(1) In general.--It shall be unlawful for any person who 
        is required to register under the Sex Offender Registration and 
        Notification Act (42 U.S.C. 16901 et seq.) to fail to provide 
        an electronic mail address, instant message address, or other 
        similar Internet identifier used by that person to communicate 
        over the Internet to the appropriate official for inclusion in 
        the sex offender registry, as required under that Act.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined under this title, imprisoned not more than 10 years, 
        or both.''.

SEC. 3. RELEASE OF ELECTRONIC MAIL ADDRESSES, INSTANT MESSAGE 
              ADDRESSES, OR OTHER SIMILAR INTERNET IDENTIFIERS.

    (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, instant message address, 
        or other similar Internet identifier used by the sex offender; 
        and''.
    (b) National Registry.--Section 119 of the Sex Offender 
Registration and Notification Act (42 U.S.C. 16919) is amended by 
adding at the end the following:
    ``(c) Release of Electronic Mail Addresses, Instant Message 
Addresses, or Other Similar Internet Identifiers to Commercial Social 
Networking Website.--
            ``(1) In general.--The Attorney General shall maintain a 
        system allowing a commercial social networking website to 
        compare the database of registered users of that commercial 
        social networking website to the list of electronic mail 
        addresses, instant message addresses, and other similar 
        Internet identifiers of persons in the National Sex Offender 
        Registry.
            ``(2) Process for release of electronic mail addresses, 
        instant message addresses, or other similar internet 
        identifiers.--A commercial social networking website desiring 
        to compare its database of registered users to the list of 
        electronic mail addresses, instant messages, and other similar 
        Internet identifiers of persons in the National Sex Offender 
        Registry shall provide to the Attorney General--
                    ``(A) the name, address, and telephone number of 
                the commercial social networking website;
                    ``(B) the specific legal nature and corporate 
                status of the commercial social networking website;
                    ``(C) an affirmation signed by the chief legal 
                officer of the commercial social networking website 
                that the information obtained from that database shall 
                not be disclosed for any purpose other than for 
                comparing the database of registered users of that 
                commercial social networking website against the list 
                of electronic mail addresses, instant message 
                addresses, and other similar Internet identifiers of 
                persons in the National Sex Offender Registry to 
                protect children from online sexual predators and that 
                disclosure of this information for purposes other than 
                those under this section may be unlawful; and
                    ``(D) the name, address, and telephone number of a 
                natural person who consents to service of process for 
                the commercial social networking website.
            ``(3) Use of database.--After a commercial social 
        networking website has complied with paragraph (2) and paid any 
        fee established by the Attorney General, the commercial social 
        networking website may screen new users or compare its database 
        of registered users to the list of electronic mail addresses, 
        instant message addresses, and other similar Internet 
        identifiers of persons in the National Sex Offender Registry as 
        frequently as the Attorney General may allow for the purpose of 
        identifying a registered user associated with an electronic 
        mail address, instant message address, or other similar 
        Internet identifier contained in the National Sex Offender 
        Registry.
            ``(4) Liability relief for social networking sites using 
        the registry information to protect users.--
                    ``(A) In general.--If a commercial social 
                networking website complies with this section, a 
                covered civil action against that commercial social 
                networking website or any director, officer, employee, 
                or agent of that commercial social networking website 
                may not be brought in any Federal or State court.
                    ``(B) Definition.--In this paragraph, the term 
                `covered civil action' means a civil action relating to 
                the use of the information in the National Sex Offender 
                Registry by a commercial social networking website to 
                screen users or compare its database of registered 
                users for the purpose of identifying a registered user 
                associated with an electronic mail address, instant 
                message address, or other similar Internet identifier 
                information contained in the National Sex Offender 
                Registry.
            ``(5) Interim period.--In any interim period before the 
        National Sex Offender Registry is implemented, any commercial 
        social networking website shall have access to the electronic 
        mail addresses, instant message addresses, and other similar 
        Internet identifiers of persons required to register in a 
        jurisdiction's sex offender registry through the methods set 
        forth in paragraphs (2) and (3). Until such time as the 
        National Sex Offender Registry is implemented, the term 
        `Attorney General' shall be replaced with `the jurisdiction' 
        and the term `the National Sex Offender Registry' shall be 
        replaced with `a jurisdiction's sex offender registry' in 
        paragraphs (2) and (3).''.

SEC. 4. DEFINITIONS.

    Section 111 of the Sex Offender Registration and Notification Act 
(42 U.S.C. 16911) is amended--
            (1) in paragraph (7)(H), by striking the period and 
        inserting the following: ``, except that it shall not be 
        necessary to show that the sexual conduct actually occurred or 
        to offer proof that the defendant engaged in an act, other than 
        use of the Internet to facilitate criminal sexual conduct 
        involving a minor.''; and
            (2) by adding at the end the following:
            ``(15) The term `commercial social networking website' 
        means a commercially operated Internet website that--
                    ``(A) allows users to create web pages or profiles 
                that provide information about themselves and are 
                available publicly or to other users; and
                    ``(B) offers a mechanism for communication with 
                other users, such as a forum, chat room, electronic 
                mail, or instant messenger.
            ``(16) The term `chat room' means any Internet website 
        through which a number of users can communicate in real time 
        via text and that allows messages to be almost immediately 
        visible to all other users or to a designated segment of all 
        other users.
            ``(17) The term `Internet' has the meaning given that term 
        in section 1101 of the Internet Tax Freedom Act (47 U.S.C. 151 
        note).
            ``(18) 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).
            ``(19) The term `instant message address' means an 
        identifier that allows a person to communication in real-time 
        with another person using the Internet.''.

SEC. 5. CRIMINALIZATION OF AGE MISREPRESENTATION IN CONNECTION WITH 
              ONLINE SOLICITATION OF A MINOR.

    Section 2252C of title 18, United States Code, is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Age Misrepresentation.--Any person 18 years or older who 
knowingly misrepresents their age with the intent to use the Internet 
to engage in criminal sexual conduct involving a minor, or to 
facilitate or attempt such conduct, shall be fined under this title and 
imprisoned for not more than 20 years. Such penalty shall be in 
addition to any penalty pursuant to the laws of any jurisdiction for 
the crime of using the Internet to engage in criminal sexual conduct 
involving a minor, or to facilitate or attempt such conduct.''.
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