II Calendar No. 706 110th CONGRESS 2d Session S. 431 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.

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. (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, or other similar Internet identifier not provided under subsection (b) by the sex offender to communicate over the Internet,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 address, instant message address, or other similar Internet identifier used by that person to communicate over the Internetaddress, 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.

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 childrenindividuals 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)

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. .

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:is amended 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 (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. (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. (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 communicationcommunicate 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. . (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. .

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.

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,.

April 22, 2008 Reported with amendments