[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 431 Reported in Senate (RS)]
Calendar No. 706
110th CONGRESS
2d 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, Mr. McCain, Mr. Stevens, Ms. Snowe, Mr.
Grassley, Mr. Obama, Mr. Specter, Mrs. Clinton, Ms. Landrieu, Mr. Kyl,
Ms. Klobuchar, Mrs. Hutchison, Mr. Kerry, Mr. Johnson, Mr. Cardin, Mrs.
Feinstein, Mr. Cornyn, Mr. Leahy, Mr. Lieberman, Mr. Crapo, and Mr.
Vitter) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
April 22, 2008
Reported by Mr. Leahy, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
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:
<DELETED> ``(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.</DELETED>
``(4) Any electronic mail address, instant message address,
or other designation the sex offender uses or will use for
self-identification or routing in an 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
inserting ``and before any use of an electronic mail address, instant
message address, <DELETED>or other similar Internet identifier not
provided under subsection (b) by the sex offender to communicate over
the Internet,</DELETED> or other designation used for self-
identification or routing in an Internet communication or posting that
is not included in the sex offender's registration information,'' 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) Knowing 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 knowingly fail to
provide an electronic mail <DELETED>address, instant message
address, or other similar Internet identifier used by that
person to communicate over the Internet</DELETED> address,
instant message address, or other designation used for self-
identification or routing in an Internet communication or
posting 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.''.
(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. 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 <DELETED>children</DELETED> individuals 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.
<DELETED> ``(4) Liability relief for social networking sites
using the registry information to protect users.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).''.</DELETED>
``(4) Limitation on release of internet identifiers.--
Except as explicitly provided for in this section or for a
necessary law enforcement purpose, the Attorney General may not
authorize the release or dissemination of any Internet
identifier contained in the National Sex Offender Registry.
``(5) Limitation on liability.--
``(A) In general.--A civil claim against a
commercial social networking website, including any
director, officer, employee, or agent of that
commercial 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
commercial social networking website, or a director,
officer, employee, or agent of that commercial 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 commercial
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 commercial social
networking website shall minimize the number of
employees that are provided access to the list of
electronic mail addresses, instant message addresses,
and other similar Internet identifiers of 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
commercial social networking website, to compare its database
of registered users with the list of electronic mail addresses,
instant message addresses, and other similar Internet
identifiers of 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) <DELETED>is amended--
<DELETED> (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</DELETED>
(2)</DELETED> by adding at the end the following:</DELETED>
is amended by adding at the end the following:
``(15) The term `commercial social networking website'
means a commercially operated Internet website that--
<DELETED> ``(A) allows users to create web pages or
profiles that provide information about themselves and
are available publicly or to other users; and</DELETED>
``(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, such as a forum, chat room, electronic
mail, or instant messenger.
<DELETED> ``(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.</DELETED>
``(16) The term `chat room' means any Internet service
through which a number of users can communicate in real time so
that communications are almost immediately available 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 <DELETED>communication</DELETED>
communicate 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:
<DELETED> ``(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.''.</DELETED>
``(c) Age of Misrepresentation.--Any person 18 years or older who
knowingly misrepresents his or her age with the intent to use the
Internet, to operate a facility, by mail, or by any other means of
interstate or foreign commerce to engage in criminal sexual conduct
involving a minor who is at least 4 years younger than the person
engaging in such conduct, 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.''.
SEC. 6. KNOWINGLY ACCESSING CHILD PORNOGRAPHY WITH THE INTENT TO WATCH
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'';
and
(C) 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''; and
(C) 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 (3), by inserting ``using any
means or facility of interstate or foreign commerce
or'' after ``mails, or'' each place it appears;
(C) 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
(D) 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,''.
Calendar No. 706
110th CONGRESS
2d Session
S. 431
_______________________________________________________________________
A BILL
To require convicted sex offenders to register online identifiers, and
for other purposes.
_______________________________________________________________________
April 22, 2008
Reported with amendments