[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3170 Enrolled Bill (ENR)]

        S.3170

                     One Hundred Fifteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
           the third day of January, two thousand and eighteen


                                 An Act


 
 To amend title 18, United States Code, to make certain changes to the 
   reporting requirement of certain service providers regarding child 
     sexual exploitation visual depictions, 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 ``CyberTipline Modernization Act of 
2018''.
SEC. 2. ALTERATIONS TO REPORTING REQUIREMENTS FOR ELECTRONIC SERVICE 
PROVIDERS AND REMOTE COMPUTING SERVICE PROVIDERS.
    Section 2258A of title 18, United States Code, is amended--
        (1) in the heading, by striking ``electronic communication 
    service providers and remote computing service providers'' and 
    inserting ``providers'';
        (2) in subsection (a)--
            (A) by amending paragraph (1) to read as follows:
        ``(1) In general.--
            ``(A) Duty.--In order to reduce the proliferation of online 
        child sexual exploitation and to prevent the online sexual 
        exploitation of children, a provider--
                ``(i) shall, as soon as reasonably possible after 
            obtaining actual knowledge of any facts or circumstances 
            described in paragraph (2)(A), take the actions described 
            in subparagraph (B); and
                ``(ii) may, after obtaining actual knowledge of any 
            facts or circumstances described in paragraph (2)(B), take 
            the actions described in subparagraph (B).
            ``(B) Actions described.--The actions described in this 
        subparagraph are--
                ``(i) providing to the CyberTipline of NCMEC, or any 
            successor to the CyberTipline operated by NCMEC, the 
            mailing address, telephone number, facsimile number, 
            electronic mailing address of, and individual point of 
            contact for, such provider; and
                ``(ii) making a report of such facts or circumstances 
            to the CyberTipline, or any successor to the CyberTipline 
            operated by NCMEC.''; and
            (B) by amending paragraph (2) to read as follows:
        ``(2) Facts or circumstances.--
            ``(A) Apparent violations.--The facts or circumstances 
        described in this subparagraph are any facts or circumstances 
        from which there is an apparent violation of section 2251, 
        2251A, 2252, 2252A, 2252B, or 2260 that involves child 
        pornography.
            ``(B) Imminent violations.--The facts or circumstances 
        described in this subparagraph are any facts or circumstances 
        which indicate a violation of any of the sections described in 
        subparagraph (A) involving child pornography may be planned or 
        imminent.'';
        (3) in subsection (b)--
            (A) in the matter preceding paragraph (1)--
                (i) by striking ``To the extent'' and inserting ``In an 
            effort to prevent the future sexual victimization of 
            children, and to the extent'';
                (ii) by striking ``an electronic communication service 
            provider or a remote computing service provider'' and 
            inserting ``a provider''; and
                (iii) by striking ``may include'' and inserting ``may, 
            at the sole discretion of the provider, include'';
            (B) in paragraph (1)--
                (i) by inserting ``or plans to violate'' after ``who 
            appears to have violated''; and
                (ii) by inserting ``payment information (excluding 
            personally identifiable information),'' after ``uniform 
            resource locator,'';
            (C) in paragraph (2)--
                (i) by striking ``an electronic communication service 
            or a remote computing service'' and inserting ``a 
            provider'';
                (ii) by striking ``apparent child pornography'' each 
            place it appears and inserting ``content relating to the 
            report''; and
                (iii) by striking ``the electronic communication 
            service provider or remote computing service provider'' and 
            inserting ``the provider'';
            (D) by amending paragraph (3) to read as follows:
        ``(3) Geographic location information.--Information relating to 
    the geographic location of the involved individual or website, 
    which may include the Internet Protocol address or verified 
    address, or, if not reasonably available, at least one form of 
    geographic identifying information, including area code or zip 
    code, provided by the customer or subscriber, or stored or obtained 
    by the provider.'';
            (E) in paragraph (4)--
                (i) in the heading by striking ``Images'' and inserting 
            ``Visual depictions'';
                (ii) by striking ``image'' and inserting ``visual 
            depiction''; and
                (iii) by inserting ``or other content'' after 
            ``apparent child pornography''; and
            (F) in paragraph (5)--
                (i) by striking ``image'' and inserting ``visual 
            depiction'';
                (ii) by inserting ``or other content'' after ``apparent 
            child pornography''; and
                (iii) by striking ``images'' and inserting ``visual 
            depictions'';
        (4) by amending subsection (c) to read as follows:
    ``(c) Forwarding of Report to Law Enforcement.--Pursuant to its 
clearinghouse role as a private, nonprofit organization, and at the 
conclusion of its review in furtherance of its nonprofit mission, NCMEC 
shall make available each report made under subsection (a)(1) to one or 
more of the following law enforcement agencies:
        ``(1) Any Federal law enforcement agency that is involved in 
    the investigation of child sexual exploitation, kidnapping, or 
    enticement crimes.
        ``(2) Any State or local law enforcement agency that is 
    involved in the investigation of child sexual exploitation.
        ``(3) A foreign law enforcement agency designated by the 
    Attorney General under subsection (d)(3) or a foreign law 
    enforcement agency that has an established relationship with the 
    Federal Bureau of Investigation, Immigration and Customs 
    Enforcement, or INTERPOL, and is involved in the investigation of 
    child sexual exploitation, kidnapping, or enticement crimes.'';
        (5) in subsection (d)--
            (A) in paragraph (2), by striking ``shall designate 
        promptly the'' and inserting ``may designate a'';
            (B) in paragraph (3)--
                (i) in the matter preceding subparagraph (A), by 
            striking ``shall promptly'' and inserting ``may''; and
                (ii) in subparagraph (A), by striking ``designate the'' 
            and inserting ``designate'';
            (C) in paragraph (4)--
                (i) by striking ``shall'' and inserting ``may'';
                (ii) by striking ``the National Center for Missing and 
            Exploited Children'' and inserting ``NCMEC''; and
                (iii) by striking ``electronic communication service 
            providers, remote computing service providers'' and 
            inserting ``providers'';
            (D) by striking paragraph (5);
            (E) by redesignating paragraph (6) as paragraph (5); and
            (F) by amending paragraph (5), as so redesignated, to read 
        as follows:
        ``(5) Notification to providers.--
            ``(A) In general.--NCMEC may notify a provider of the 
        information described in subparagraph (B), if--
                ``(i) a provider notifies NCMEC that the provider is 
            making a report under this section as the result of a 
            request by a foreign law enforcement agency; and
                ``(ii) NCMEC forwards the report described in clause 
            (i) to--

                    ``(I) the requesting foreign law enforcement 
                agency; or
                    ``(II) another agency in the same country 
                designated by the Attorney General under paragraph (3) 
                or that has an established relationship with the 
                Federal Bureau of Investigation, U.S. Immigration and 
                Customs Enforcement, or INTERPOL and is involved in the 
                investigation of child sexual exploitation, kidnapping, 
                or enticement crimes.

            ``(B) Information described.--The information described in 
        this subparagraph is--
                ``(i) the identity of the foreign law enforcement 
            agency to which the report was forwarded; and
                ``(ii) the date on which the report was forwarded.
            ``(C) Notification of inability to forward report.--If a 
        provider notifies NCMEC that the provider is making a report 
        under this section as the result of a request by a foreign law 
        enforcement agency and NCMEC is unable to forward the report as 
        described in subparagraph (A)(ii), NCMEC shall notify the 
        provider that NCMEC was unable to forward the report.'';
        (6) in subsection (e), by striking ``An electronic 
    communication service provider or remote computing service 
    provider'' and inserting ``A provider'';
        (7) in subsection (f)--
            (A) in the matter preceding paragraph (1), by striking ``an 
        electronic communication service provider or a remote computing 
        service provider'' and inserting ``a provider''; and
            (B) in paragraph (3), by striking ``seek'' and inserting 
        ``search, screen, or scan for'';
        (8) in subsection (g)--
            (A) in paragraph (2)--
                (i) in subparagraph (A)(vi), by striking ``an 
            electronic communication service provider or remote 
            computing service provider'' and inserting ``a provider''; 
            and
                (ii) by amending subparagraph (B) to read as follows:
            ``(B) Limitation.--Nothing in subparagraph (A)(vi) 
        authorizes a law enforcement agency to provide visual 
        depictions of apparent child pornography to a provider.'';
            (B) in paragraph (3)--
                (i) in the paragraph heading, by striking ``the 
            national center for missing and exploited children'' and 
            inserting ``NCMEC'';
                (ii) in the matter preceding subparagraph (A)--

                    (I) by striking ``The National Center for Missing 
                and Exploited Children'' and inserting ``NCMEC'';
                    (II) by inserting after ``may disclose'' the 
                following: ``by mail, electronic transmission, or other 
                reasonable means,''; and
                    (III) by striking ``only'' and inserting ``only 
                to'';

                (iii) in subparagraph (A)--

                    (I) by striking `` to any Federal law enforcement 
                agency'' and inserting ``any Federal law enforcement 
                agency''; and
                    (II) by inserting before the semicolon at the end 
                the following: ``or that is involved in the 
                investigation of child sexual exploitation, kidnapping, 
                or enticement crimes'';

                (iv) in subparagraph (B)--

                    (I) by striking ``to any State'' and inserting 
                ``any State''; and
                    (II) by striking ``child pornography, child 
                exploitation'' and inserting ``child sexual 
                exploitation'';

                (v) in subparagraph (C)--

                    (I) by striking ``to any foreign law enforcement 
                agency'' and inserting ``any foreign law enforcement 
                agency''; and
                    (II) by striking ``; and'' and inserting ``or that 
                has an established relationship with the Federal Bureau 
                of Investigation, Immigration and Customs Enforcement, 
                or INTERPOL, and is involved in the investigation of 
                child sexual exploitation, kidnapping, or enticement 
                crimes;'';

                (vi) in subparagraph (D)--

                    (I) by striking ``to an electronic communication 
                service provider or remote computing service provider'' 
                and inserting ``a provider''; and
                    (II) by striking the period at the end and 
                inserting ``; and''; and

                (vii) by adding after subparagraph (D) the following:
            ``(E) respond to legal process, as necessary.''; and
            (C) by adding at the end the following:
        ``(4) Permitted disclosure by a provider.--A provider that 
    submits a report under subsection (a)(1) may disclose by mail, 
    electronic transmission, or other reasonable means, information, 
    including visual depictions contained in the report, in a manner 
    consistent with permitted disclosures under paragraphs (3) through 
    (8) of section 2702(b) only to a law enforcement agency described 
    in subparagraph (A), (B), or (C) of paragraph (3), to NCMEC, or as 
    necessary to respond to legal process.''; and
        (9) in subsection (h)--
            (A) in paragraph (1)--
                (i) by striking ``the notification to an electronic 
            communication service provider or a remote computing 
            service provider by the CyberTipline of receipt of a 
            report'' and inserting ``a completed submission by a 
            provider of a report to the CyberTipline''; and
                (ii) by striking ``, as if such request was made 
            pursuant to section 2703(f)'' and inserting ``the contents 
            provided in the report for 90 days after the submission to 
            the CyberTipline'';
            (B) by striking paragraph (2);
            (C) by redesignating paragraphs (3) through (5) as 
        paragraphs (2) through (4), respectively;
            (D) in paragraph (2), as so redesignated--
                (i) in the heading, by striking ``images'' and 
            inserting ``content'';
                (ii) by striking ``an electronic communication service 
            provider or a remote computing service'' and inserting ``a 
            provider'';
                (iii) by striking ``images'' and inserting ``visual 
            depictions''; and
                (iv) by striking ``commingled or interspersed among the 
            images of apparent child pornography within a particular 
            communication or user created folder or directory'' and 
            inserting ``reasonably accessible and may provide context 
            or additional information about the reported material or 
            person''; and
            (E) in paragraph (3), as so redesignated, by striking ``An 
        electronic communication service or remote computing service'' 
        and inserting ``A provider''.
SEC. 3. LIMITED LIABILITY FOR PROVIDERS OR DOMAIN NAME REGISTRARS.
    Section 2258B of title 18, United States Code, is amended--
        (1) in the heading--
            (A) by striking ``electronic communication service 
        providers, remote computing service providers,'' and inserting 
        ``providers''; and
            (B) by striking ``registrar'' and inserting ``registrars'';
        (2) in subsection (a)--
            (A) by striking ``an electronic communication service 
        provider, a remote computing service provider,'' and inserting 
        ``a provider''; and
            (B) by striking ``such electronic communication service 
        provider, remote computing service provider,'' each place it 
        appears and inserting ``such provider'';
        (3) in subsection (b), by striking ``electronic communication 
    service provider, remote computing service provider,'' each place 
    it appears and inserting ``provider''; and
        (4) in subsection (c)--
            (A) by striking ``image'' each place it appears and 
        inserting ``visual depiction''; and
            (B) in the matter preceding paragraph (1), by striking ``An 
        electronic communication service provider, a remote computing 
        service provider,'' and inserting ``A provider''.
SEC. 4. USE TO COMBAT CHILD PORNOGRAPHY OF TECHNICAL ELEMENTS RELATING 
TO REPORTS MADE TO CYBERTIPLINE.
    Section 2258C of title 18, United States Code, is amended--
        (1) in the heading, by striking ``to images reported to'' and 
    inserting ``to reports made to'';
        (2) in subsection (a)--
            (A) in paragraph (1)--
                (i) by striking ``The National Center for Missing and 
            Exploited Children'' and inserting ``NCMEC'';
                (ii) by striking ``apparent child pornography image of 
            an identified child'' and inserting ``CyberTipline 
            report'';
                (iii) by striking ``an electronic communication service 
            provider or a remote computing service provider'' and 
            inserting ``a provider'';
                (iv) by striking ``that electronic communication 
            service provider or remote computing service provider'' and 
            inserting ``that provider''; and
                (v) by striking ``further transmission of images'' and 
            inserting ``online sexual exploitation of children'';
            (B) in paragraph (2), by striking ``specific image, 
        Internet location of images, and other technological elements 
        that can be used to identify and stop the transmission of child 
        pornography'' and inserting ``specific visual depiction, 
        including an Internet location and any other elements provided 
        in a CyberTipline report that can be used to identify, prevent, 
        curtail, or stop the transmission of child pornography and 
        prevent the online sexual exploitation of children''; and
            (C) in paragraph (3), by striking ``actual images'' and 
        inserting ``actual visual depictions of apparent child 
        pornography'';
        (3) in subsection (b)--
            (A) in the heading, by striking ``Electronic Communication 
        Service Providers and Remote Computing Service Providers'' and 
        inserting ``Providers'';
            (B) by striking ``electronic communication service provider 
        or remote computing service provider'' each place it appears 
        and inserting ``provider'';
            (C) by striking ``apparent child pornography image of an 
        identified child from the National Center for Missing and 
        Exploited Children'' and inserting ``CyberTipline report from 
        NCMEC'';
            (D) by striking ``shall not relieve that'' and inserting 
        ``shall not relieve the''; and
            (E) by striking ``its reporting obligations'' and inserting 
        ``reporting'';
        (4) in subsection (c)--
            (A) by striking ``electronic communication service 
        providers or remote computing service providers'' and inserting 
        ``providers'';
            (B) by striking ``apparent child pornography image of an 
        identified child from the National Center for Missing and 
        Exploited Children'' and inserting ``CyberTipline report from 
        NCMEC''; and
            (C) by striking ``further transmission of the images'' and 
        inserting ``online sexual exploitation of children'';
        (5) in subsection (d)--
            (A) by striking ``The National Center for Missing and 
        Exploited Children shall'' and inserting ``NCMEC may'';
            (B) by inserting after ``local law enforcement'' the 
        following: ``, and to foreign law enforcement agencies 
        described in section 2258A(c)(3),'';
            (C) by striking ``investigation of child pornography'' and 
        inserting ``investigation of child sexual exploitation'';
            (D) by striking ``image of an identified child'' and 
        inserting ``visual depiction''; and
            (E) by striking ``reported to the National Center for 
        Missing and Exploited Children'' and inserting ``reported to 
        the CyberTipline''; and
        (6) in subsection (e)--
            (A) by inserting before ``Federal'' the following: 
        ``foreign,'';
            (B) by striking ``image of an identified child from the 
        National Center for Missing and Exploited Children under 
        section (d)'' and inserting ``visual depiction from NCMEC under 
        subsection (d)'';
            (C) by striking ``child pornography crimes'' and inserting 
        ``child sexual exploitation crimes,''; and
            (D) by inserting before the period at the end the 
        following: ``and prevent future sexual victimization of 
        children''.
SEC. 5. LIMITED LIABILITY FOR NCMEC.
    Section 2258D of title 18, United States Code, is amended--
        (1) in the heading, by striking ``the National Center for 
    Missing and Exploited Children'' and inserting ``NCMEC'';
        (2) in subsection (a)--
            (A) by striking ``Except as provided'' and inserting 
        ``Pursuant to its clearinghouse role as a private, nonprofit 
        organization and its mission to help find missing children, 
        reduce online sexual exploitation of children and prevent 
        future victimization, and except as provided'';
            (B) by striking ``the National Center for Missing and 
        Exploited Children'' and inserting ``NCMEC'';
            (C) by striking ``(42 U.S.C. 5773)'' and inserting ``(34 
        U.S.C. 11293)'';
            (D) by striking ``such center'' each place it appears and 
        inserting ``NCMEC''; and
            (E) by striking ``from the effort'' and inserting ``from 
        the efforts'';
        (3) in subsection (b)--
            (A) by striking ``the National Center for Missing and 
        Exploited Children'' and inserting ``NCMEC'';
            (B) by striking ``such center'' and inserting ``NCMEC''; 
        and
            (C) by striking ``(42 U.S.C. 5773)'' and inserting ``(34 
        U.S.C. 11293)''; and
        (4) in subsection (d)--
            (A) in the matter preceding paragraph (1), by striking 
        ``The National Center for Missing and Exploited Children'' and 
        inserting ``NCMEC''; and
            (B) by striking ``image'' each place it appears and 
        inserting ``visual depiction''.
SEC. 6. DEFINITIONS.
    Section 2258E of title 18, United States Code, is amended--
        (1) in the matter preceding paragraph (1), by striking 
    ``2258D'' and inserting ``2258E'';
        (2) in paragraph (5), by striking ``and'' at the end;
        (3) by redesignating paragraph (6) as paragraph (8); and
        (4) by inserting after paragraph (5) the following:
        ``(6) the term `provider' means an electronic communication 
    service provider or remote computing service;
        ``(7) the term `NCMEC' means the National Center for Missing & 
    Exploited Children; and''.
SEC. 7. TECHNICAL AND CONFORMING AMENDMENT.
    The table of sections for chapter 110 of title 18, United States 
Code, is amended by striking the items relating to sections 2258A, 
2258B, 2258C, and 2258D and inserting the following:

``2258A. Reporting requirements of providers.
``2258B. Limited liability for providers or domain name registrars.
``2258C. Use to combat child pornography of technical elements relating 
          to reports made to the CyberTipline.
``2258D. Limited liability for NCMEC.''.


                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.