[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 474 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 474
To amend title 18, United States Code, to strengthen reporting to the
CyberTipline related to online sexual exploitation of children, to
modernize liabilities for such reports, to preserve the contents of
such reports for 1 year, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mrs. Blackburn (for herself and Mr. Ossoff) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to strengthen reporting to the
CyberTipline related to online sexual exploitation of children, to
modernize liabilities for such reports, to preserve the contents of
such reports for 1 year, 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 ``Revising Existing Procedures On
Reporting via Technology Act'' or the ``REPORT Act''.
SEC. 2. LIMITED LIABILITY MODERNIZATION.
(a) Amendments.--Section 2258B of title 18, United States Code, is
amended--
(1) in the section heading, by striking ``providers or
domain name registrars'' and inserting ``the reporting,
storage, and handling of certain visual depictions of apparent
child pornography to the National Center for Missing and
Exploited Children'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``or charge'' after ``a claim''; and
(B) in paragraph (2)(C), by striking ``this
section,''; and
(3) by adding at the end the following:
``(d) Limited Liability for NCMEC-Contracted Vendors.--
``(1) In general.--Except as provided in paragraph (2), a
civil claim or criminal charge may not be brought in any
Federal or State court against a vendor contractually retained
and designated by NCMEC to support the clearinghouse role of
NCMEC, as set forth in section 404(b) of the Juvenile Justice
and Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)).
``(2) Intentional, reckless, or other misconduct.--
Paragraph (1) shall not apply to a claim or charge if the
vendor--
``(A) engaged in--
``(i) intentional misconduct;
``(ii) negligent conduct; or
``(iii) conduct not authorized under the
contract of the vendor with NCMEC to support
the clearinghouse role of NCMEC, as set forth
in section 404(b) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C.
11293(b)); or
``(B) acted, or failed to act--
``(i) with actual malice;
``(ii) with reckless disregard to a
substantial risk of causing physical injury
without legal justification; or
``(iii) for a purpose unrelated to the
performance of any responsibility or function--
``(I) set forth in paragraph (1);
or
``(II) under sections 2258A, 2258C,
2702, or 2703.
``(3) Minimizing access by vendor.--With respect to any
visual depiction of child pornography stored or transferred by
a vendor contractually retained and designated by NCMEC to
support the clearing house role of NCMEC, as set forth in
section 404(b) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11293(b)), a vendor shall
minimize the number of employees that may be able to obtain
access to such visual depiction.
``(e) Limited Liability for Minors, and Persons Acting on Behalf of
a Minor, Reporting Visual Depictions of Apparent Child Pornography in
Which the Minor Is Depicted.--
``(1) In general.--Except as provided in paragraph (2), a
civil claim or criminal charge may not be brought in any
Federal or State court against a minor, or a person acting on
behalf of a minor, arising from a report to the CyberTipline of
NCMEC by the minor or the person acting on behalf of a minor of
information that relates to a visual depiction of apparent
child pornography in which the minor is depicted, including a
copy of the visual depiction of the minor.
``(2) Intentional, reckless, or other misconduct.--
Paragraph (1) shall not apply to a claim or charge if the
minor, or person acting on behalf of the minor--
``(A) engaged in--
``(i) intentional misconduct in submitting
the report to the CyberTipline of NCMEC of
information that relates to a visual depiction
of apparent child pornography in which the
minor is depicted, including a copy of the
visual depiction of the minor; or
``(ii) negligent conduct; or
``(B) acted, or failed to act--
``(i) with actual malice; or
``(ii) with reckless disregard to a
substantial risk of causing physical injury
without legal justification.
``(3) Minimizing access.--With respect to any visual
depiction of child pornography reported to the CyberTipline of
NCMEC by a minor, or a person acting on behalf of a minor, in
which the minor is depicted, NCMEC shall minimize access to the
visual depiction and ensure the appropriate deletion of the
visual depiction, as set forth in section 2258D.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to a civil claim or criminal charge that is filed on
or after the date of enactment of this Act.
(c) Table of Sections Amendment.--The table of sections for chapter
110 of title 18, United States Code, is amended by striking the item
relating to section 2258B and inserting the following:
``2258B. Limited liability for the reporting, storage, and handling of
certain visual depictions of apparent child
pornography to the National Center for
Missing and Exploited Children.''.
SEC. 3. PRESERVATION OF REPORTS TO CYBERTIPLINE RELATED TO ONLINE
SEXUAL EXPLOITATION OF CHILDREN.
Section 2258A(h) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``90 days'' and inserting
``1 year''; and
(2) by adding at the end the following:
``(5) Extension of preservation.--A provider of a report to
the CyberTipline under subsection (a)(1) may voluntarily
preserve the contents provided in the report (including any
comingled content described in paragraph (2)) for longer than 1
year after the submission to the CyberTipline for the purpose
of reducing the proliferation of online child sexual
exploitation or preventing the online sexual exploitation of
children.
``(6) Method of preservation.--Not later than 1 year after
the date of enactment of this paragraph, a provider of a report
to the CyberTipline under subsection (a)(1) shall preserve
materials under this subsection in a manner that is consistent
with the most recent version of the Cybersecurity Framework
developed by the National Institute of Standards and
Technology, or any successor thereto.''.
SEC. 4. STRENGTHENING OF DUTY TO REPORT APPARENT VIOLATIONS TO
CYBERTIPLINE RELATED TO ONLINE EXPLOITATION OF CHILDREN.
(a) Amendments.--Section 2258A of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1)(A)--
(i) in the matter preceding clause (i), by
inserting ``shall'' after ``provider'';
(ii) in clause (i), by striking ``shall,'';
and
(iii) in clause (ii), by striking ``may,'';
and
(B) in paragraph (2)(A), by inserting ``, of
section 1591 (if the violation involves a minor), or of
2422(b)'' after ``child pornography''; and
(2) in subsection (e)--
(A) in paragraph (1), by striking ``$150,000'' and
inserting ``$850,000 in the case of a provider with not
less than 100,000,000 monthly active users or $600,000
in the case of a provider with less than 100,000,000
monthly active users''; and
(B) in paragraph (2), by striking ``$300,000'' and
inserting ``$1,000,000 in the case of a provider with
not less than 100,000,000 monthly active users or
$850,000 in the case of a provider with less than
100,000,000 monthly active users''.
(b) Guidance.--Not later than 180 days after the date of enactment
of this Act, the National Center for Missing & Exploited Children shall
issue guidance to providers required to take actions described in
section 2258A(a)(1)(B) of title 18, United States Code, on the facts or
circumstances that constitute an apparent violation of section 1591 of
that title and of section 2422(b) of that title.
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