[Congressional Record Volume 147, Number 105 (Wednesday, July 25, 2001)]
[Senate]
[Page S8205]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself, Mr. Schumer, and Mr. DeWine):
  S. 1234. A bill to amend title 18, United States Code, to provide 
that certain sexual crimes against children are predicate crimes for 
the interception of communications, and for other purposes; to the 
Committee on the Judiciary.
  Mr. HATCH. Mr. President, the Internet has dramatically changed the 
lives of the American people. The way in which we work, live, play, and 
learn has been forever changed. The benefits this new technology has 
brought to us are truly innumerable. Unfortunately, however, the 
technology has also created some fearful problems. In particular, the 
Internet is fast becoming an increasingly popular means by which 
criminals pursue their nefarious activities.
  Perhaps no criminal activity is as nefarious as sex crimes directed 
at children. And alarmingly, the Internet has proved to be a boon for 
these sexual predators. Before the Internet, these deranged individuals 
operated in the open, lurking near parks or schools in an effort to 
lure children. Now they are able, with almost absolute anonymity and 
from the security of their homes, to reach our children over the 
Internet.
  The result is frightening. According to State and local law 
enforcement officials, the Internet has brought an explosion in sexual 
predator and child pornography activity. Since 1995, the FBI alone has 
investigated more than 4,900 cases involving persons traveling 
interstate for the purpose of engaging in illicit sexual relationships 
with minors and persons involved with the manufacture, dissemination 
and possession of child pornography.
  According to the Bureau, computers have rapidly become one of the 
most prevalent communications devices with which pedophiles and other 
sexual predators share sexually explicit photographic images of minors 
and identify and recruit children for sexually illicit relationships.
  This fact is not lost on the public. When asked about cyber-crime, a 
majority of Americans pointed to child pornography as their biggest 
concern. The Pew Internet & American Life Report Survey found that 92 
percent of Americans are concerned about child pornography. Americans 
are rightly concerned that the Internet does not become a haven for 
those who would commit these horrific crimes.
  The Anti-Sexual Predator Act of 2001, which I am introducing today, 
provides much-needed tools to investigators tracking sexual predators 
and child pornographers. The legislation will be particularly useful to 
investigators tracking sexual predators.
  Although in many cases much of the initial relationship between these 
sexual predators and their child victims takes place online, the 
predators will ultimately seek to have personal contact with the child. 
Thus, the communications will move first to the telephone, and then to 
face to face meetings. The telephone calls between the perpetrators and 
the victims therefore represent a dangerous step in the luring of the 
child. And the more access the sexual predator is allowed to the child 
victim, the greater the chance that the predator will succeed in 
convincing the child to continue the ``relationship'' and agree to 
personal meetings.
  As the laws stand today, investigators do not have access to the 
Federal wiretap statutes to investigate these predators. Absent this 
authority, law enforcement officers, upon discovery of the on-line 
relationship, are left to attempt to gain information about the 
relationship from an often uncooperative or resentful child who 
believes that he or she is ``in love'' with the perpetrator. Providing 
wiretap authority not only will aid law enforcement's efforts to obtain 
evidence of these crimes, it will also help them stop these crimes 
before the predator makes physical contact with the child.
  The Anti-Sexual Predator Act of 2001 will add three predicate 
offenses to the Federal wiretap statute. This addition will enable law 
enforcement to intercept wire and oral communications relating to child 
pornography materials, the coercion and enticement of individuals to 
travel interstate to engage in sexual activity, the transportation of 
minors for the purpose of engaging in sexual activity.
  To be sure, law enforcement will still need to obtain authority from 
a court in order to obtain a wiretap, and the court will authorize the 
wiretap only if the government meets the strict statutory guidelines 
laid out in Title III. Thus, this legislation does nothing to undermine 
the legitimate expectations of privacy of law-abiding American 
citizens.
  This legislation fills a gap in our arsenal against child 
pornographers and sexual predators. I know we all share this goal, and 
I urge my colleagues to join me in expeditiously acting on this 
important legislation. I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1234

       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 ``Anti-Sexual Predator Act of 
     2001''.

     SEC. 2. AUTHORIZATION OF INTERCEPTION OF COMMUNICATIONS IN 
                   THE INVESTIGATION OF SEXUAL CRIMES AGAINST 
                   CHILDREN.

       (a) Child Pornography.--Section 2516(1)(c) of title 18, 
     United States Code, is amended by inserting ``section 2252A 
     (relating to material constituting or containing child 
     pornography),'' after ``2252 (sexual exploitation of 
     children),''.
       (b) Transportation for Illegal Sexual Activity.--Section 
     2516(1) of title 18, United States Code, is amended--
       (1) by redesignating paragraph (p), as so redesignated by 
     section 434(2) of the Antiterrorism and Effective Death 
     Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1274), as 
     paragraph (q);
       (2) by striking paragraph (p), as so redesignated by 
     section 201(3) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (division C of Public 
     Law 104-208; 110 Stat. 3009-565); and
       (3) by inserting after paragraph (o) the following:
       ``(p) a violation of section 2422 (relating to coercion and 
     enticement) or section 2423 (relating to transportation of 
     minors) of this title, if, in connection with that violation, 
     the sexual activity for which a person may be charged with a 
     criminal offense would constitute a felony offense under 
     chapter 109A or 110 of this title, if that activity took 
     place within the special maritime and territorial 
     jurisdiction of the United States; or''.
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