[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3170 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 582
115th CONGRESS
  2d Session
                                S. 3170

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2018

 Mr. Cornyn (for himself, Mrs. Feinstein, Mr. Portman, Ms. Klobuchar, 
Mr. Blumenthal, Mr. McCain, Mrs. McCaskill, Mr. Tillis, Mr. Hatch, Mr. 
    Leahy, Mr. Grassley, Mr. Durbin, and Mr. Heller) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

                           September 18, 2018

              Reported by Mr. Grassley, without amendment

_______________________________________________________________________

                                 A BILL


 
 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 provider or a remote 
                        computing service provider'' 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 a 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 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 provider 
                or a 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, remote computing service provider,'' 
                and inserting ``a provider''; and
                    (B) by striking ``such electronic communication 
                service provider, remote computing service provider,'' 
                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 paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting a semicolon; and
            (3) by inserting after paragraph (6) the following:
            ``(7) the term `provider' means an electronic communication 
        service provider or remote computing service; and
            ``(8) the term `NCMEC' means the National Center for 
        Missing & Exploited Children.''.
                                                       Calendar No. 582

115th CONGRESS

  2d Session

                                S. 3170

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

                           September 18, 2018

                       Reported without amendment