II 110th CONGRESS 1st Session S. 431 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.
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.
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. .
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). .
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. .
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. .