[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 474 Reported in Senate (RS)]
<DOC>
Calendar No. 85
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, Mr. Ossoff, and Mr. Lee) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
June 6, 2023
Reported by Mr. Durbin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Revising Existing
Procedures On Reporting via Technology Act'' or the ``REPORT
Act''.</DELETED>
<DELETED>SEC. 2. LIMITED LIABILITY MODERNIZATION.</DELETED>
<DELETED> (a) Amendments.--Section 2258B of title 18, United States
Code, is amended--</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1),
by inserting ``or charge'' after ``a claim'';
and</DELETED>
<DELETED> (B) in paragraph (2)(C), by striking
``this section,''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(d) Limited Liability for NCMEC-Contracted Vendors.--
</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(2) Intentional, reckless, or other
misconduct.--Paragraph (1) shall not apply to a claim or charge
if the vendor--</DELETED>
<DELETED> ``(A) engaged in--</DELETED>
<DELETED> ``(i) intentional
misconduct;</DELETED>
<DELETED> ``(ii) negligent conduct;
or</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) acted, or failed to act--</DELETED>
<DELETED> ``(i) with actual
malice;</DELETED>
<DELETED> ``(ii) with reckless disregard to
a substantial risk of causing physical injury
without legal justification; or</DELETED>
<DELETED> ``(iii) for a purpose unrelated to
the performance of any responsibility or
function--</DELETED>
<DELETED> ``(I) set forth in
paragraph (1); or</DELETED>
<DELETED> ``(II) under sections
2258A, 2258C, 2702, or 2703.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) engaged in--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) negligent conduct;
or</DELETED>
<DELETED> ``(B) acted, or failed to act--</DELETED>
<DELETED> ``(i) with actual malice;
or</DELETED>
<DELETED> ``(ii) with reckless disregard to
a substantial risk of causing physical injury
without legal justification.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``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.''.
<DELETED>SEC. 3. PRESERVATION OF REPORTS TO CYBERTIPLINE RELATED TO
ONLINE SEXUAL EXPLOITATION OF CHILDREN.</DELETED>
<DELETED> Section 2258A(h) of title 18, United States Code, is
amended--</DELETED>
<DELETED> (1) in paragraph (1), by striking ``90 days'' and
inserting ``1 year''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 4. STRENGTHENING OF DUTY TO REPORT APPARENT VIOLATIONS TO
CYBERTIPLINE RELATED TO ONLINE EXPLOITATION OF
CHILDREN.</DELETED>
<DELETED> (a) Amendments.--Section 2258A of title 18, United States
Code, is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1)(A)--</DELETED>
<DELETED> (i) in the matter preceding clause
(i), by inserting ``shall'' after
``provider'';</DELETED>
<DELETED> (ii) in clause (i), by striking
``shall,''; and</DELETED>
<DELETED> (iii) in clause (ii), by striking
``may,''; and</DELETED>
<DELETED> (B) in paragraph (2)(A), by inserting ``,
of section 1591 (if the violation involves a minor), or
of 2422(b)'' after ``child pornography''; and</DELETED>
<DELETED> (2) in subsection (e)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.</DELETED>
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 &
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 duties of NCMEC under
section 404(b)(1)(K) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)).
``(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; or
``(ii) negligent conduct; or
``(B) 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--
``(I) set forth in paragraph (1);
or
``(II) pursuant to sections 2258A,
2258C, 2702, or 2703.
``(3) Minimizing access by vendor.--With respect to any
visual depiction provided pursuant to the duties of NCMEC under
section 404(b)(1)(K) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)) that is
stored or transferred by a vendor contractually retained and
designated by NCMEC to support such duties of NCMEC, a vendor
shall--
``(A) minimize the number of employees that may be
able to obtain access to such visual depiction; and
``(B) employ end-to-end encryption for data storage
and transfer functions, or an equivalent technological
standard.
``(e) Limited Liability for Reporting Apparent Child Pornography by
an Individual Depicted in the Child Pornography as a Minor, or a
Representative of Such Individual.--
``(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 an individual depicted in child
pornography as a minor, or a representative of such individual,
arising from a report to the NCMEC CyberTipline by the
individual, or the representative of such individual, of
information that relates to the child pornography in which the
individual is depicted as a minor, including a copy of the
child pornography.
``(2) Intentional, reckless, or other misconduct.--
Paragraph (1) shall not apply to a claim or charge if the
individual, or the representative of such individual--
``(A) engaged in--
``(i) intentional misconduct;
``(ii) negligent conduct; or
``(iii) any activity which constitutes a
violation of section 2251; or
``(B) acted, or failed to act--
``(i) with actual malice; or
``(ii) with reckless disregard to a
substantial risk of causing injury without
legal justification.
``(3) Minimizing access.--With respect to any child
pornography reported to the NCMEC CyberTipline by an individual
depicted in the child pornography as a minor, or a
representative of such individual, NCMEC shall minimize access
to the child pornography and ensure the appropriate deletion of
the child pornography, as set forth in section 2258D.
``(4) Definition.--For purposes of this subsection, the
term `representative', with respect to an individual depicted
in child pornography--
``(A) means--
``(i) the parent or legal guardian of the
individual, if the individual is under 18 years
of age;
``(ii) the legal guardian or other person
appointed by a court to represent the
individual;
``(iii) a legal representative retained by
the individual;
``(iv) a representative of the estate of
the individual; or
``(v) a person who is a mandated reporter
under section 226(a)(1) of the Victims of Child
Abuse Act of 1990 (34 U.S.C. 20341(a)(1)); and
``(B) does not include a person who engaged in any
activity which constitutes a violation of section
2251.''.
(b) Applicability.--The amendments 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 & 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)(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) Guidelines.--Not later than 180 days after the date of
enactment of this Act, the National Center for Missing & Exploited
Children may issue guidelines, as appropriate, to providers required or
permitted to take actions described in section 2258A(a)(1)(B) of title
18, United States Code, on the relevant identifiers for content that
may indicate sex trafficking of children, as described in section 1591
of that title, or enticement, as described in section 2422(b) of that
title.
Calendar No. 85
118th CONGRESS
1st Session
S. 474
_______________________________________________________________________
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.
_______________________________________________________________________
February 16, 2023
Reported by Mr. Durbin, with an amendment