[Congressional Record Volume 153, Number 185 (Wednesday, December 5, 2007)]
[House]
[Pages H14190-H14193]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SECURING ADOLESCENTS FROM EXPLOITATION-ONLINE ACT OF 2007
Mr. CONYERS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3791) to modernize and expand the reporting requirements
relating to child pornography, to expand cooperation in combating child
pornography, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3791
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 ``Securing Adolescents From
Exploitation-Online Act of 2007'' or the ``SAFE Act of
2007''.
SEC. 2. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION
SERVICE PROVIDERS AND REMOTE COMPUTING SERVICE
PROVIDERS.
(a) In General.--Chapter 110 of title 18, United States
Code, is amended by inserting after section 2258 the
following:
``SEC. 2258A. REPORTING REQUIREMENTS OF ELECTRONIC
COMMUNICATION SERVICE PROVIDERS AND REMOTE
COMPUTING SERVICE PROVIDERS.
``(a) Duty To Report.--
``(1) In general.--Whoever, while engaged in providing an
electronic communication service or a remote computing
service to the public through a facility or means of
interstate or foreign commerce, obtains actual knowledge of
any facts or circumstances described in paragraph (2) shall,
as soon as reasonably possible--
``(A) complete and maintain with current information a
registration with the CyberTipline of the National Center for
Missing and Exploited Children, or any successor to the
CyberTipline operated by such center, by providing the
mailing address, telephone number, facsimile number,
electronic mail address of, and individual point of contact
for, such electronic communication service provider or remote
computing service provider; and
``(B) make a report of such facts or circumstances to the
CyberTipline, or any successor to the CyberTipline operated
by such center.
``(2) Facts or circumstances.--The facts or circumstances
described in this paragraph are any facts or circumstances
that appear to indicate a violation of--
``(A) section 2251, 2251A, 2252, 2252A, 2252B, or 2260 that
involves child pornography; or
``(B) section 1466A.
``(b) Contents of Report.--To the extent available to an
electronic communication service provider or a remote
computing service provider, each report under subsection
(a)(1) shall include the following information:
``(1) Information about the involved individual.--
Information relating to the Internet identity of any
individual who appears to have violated a Federal law in the
manner described in subsection (a)(2), which shall, to the
extent reasonably practicable, include the electronic mail
address, website address, uniform resource locator, or any
other identifying information, including self-reported
identifying information.
``(2) Historical reference.--Information relating to when
any apparent child pornography was uploaded, transmitted,
reported to, or discovered by the electronic communication
service provider or remote computing service provider, as the
case may be, including a date and time stamp and time zone.
``(3) Geographic location information.--Information
relating to the geographic location of the involved
individual, hosting website, or uniform resource locator,
which shall include the Internet Protocol Address or verified
billing address, or, if not reasonably available, at least
one form of geographic identifying information, including
area code or zip code. The information shall also include any
self-reported geographic information.
``(4) Images of apparent child pornography.--Any image of
any apparent child pornography relating to the incident such
report is regarding.
``(5) Commingled images.--Any images, data, or other
digital files (collectively referred to as `digital files')
which are commingled or interspersed among the images of
apparent child pornography. If it would impose an undue
hardship to provide these commingled digital files as part of
the report, because of the volume of the digital files or for
other reasons, the reporting company shall, in lieu of
providing those digital files, inform the CyberTipline of the
existence of such digital files, and retain those digital
files as if they were part of the report as required pursuant
to subsection (h).
``(c) Forwarding of Report to Law Enforcement.--
``(1) In general.--The National Center for Missing and
Exploited Children shall forward each report made under
subsection (a)(1) to any appropriate law enforcement agency
designated by the Attorney General under subsection (d)(2).
[[Page H14191]]
``(2) State and local law enforcement.--The National Center
for Missing and Exploited Children may forward any report
made under subsection (a)(1) to an appropriate official of a
State or political subdivision of a State for the purpose of
enforcing State criminal law.
``(3) Foreign law enforcement.--The National Center for
Missing and Exploited Children may forward any report made
under subsection (a)(1) to any appropriate foreign law
enforcement agency designated by the Attorney General under
subsection (d)(3), subject to the conditions established by
the Attorney General under subsection (d)(3).
``(d) Attorney General Responsibilities.--
``(1) In general.--The Attorney General shall enforce this
section.
``(2) Designation of federal agencies.--The Attorney
General shall designate promptly the Federal law enforcement
agency or agencies to which a report shall be forwarded under
subsection (c)(1).
``(3) Designation of foreign agencies.--The Attorney
General shall promptly--
``(A) designate the foreign law enforcement agencies to
which a report may be forwarded under subsection (c)(3);
``(B) establish the conditions under which such a report
may be forwarded to such agencies; and
``(C) develop a process for foreign law enforcement
agencies to request assistance from Federal law enforcement
agencies in obtaining evidence related to a report referred
under subsection (c)(3).
``(e) Failure To Report.--An electronic communication
service provider or remote computing service provider that
knowingly and willfully fails to make a report required under
subsection (a)(1) shall be fined--
``(1) in the case of an initial knowing and willful failure
to make a report, not more than $150,000; and
``(2) in the case of any second or subsequent knowing and
willful failure to make a report, not more than $300,000.
``(f) Protection of Privacy.--Nothing in this section shall
be construed to require an electronic communication service
provider or a remote computing service provider to--
``(1) monitor any user, subscriber, or customer of that
provider;
``(2) monitor the content of any communication of any
person described in paragraph (1); or
``(3) affirmatively seek facts or circumstances described
in subsection (a)(2).
``(g) Conditions of Disclosure Information Contained Within
Report.--
``(1) In general.--Except as provided in paragraph (2), a
law enforcement agency that receives a report under
subsection (c) shall not disclose any information contained
in that report.
``(2) Permitted disclosures.--A law enforcement agency may
disclose information in a report received under subsection
(c)--
``(A) to an attorney for the government for use in the
performance of the official duties of that attorney;
``(B) to such officers and employees of that law
enforcement agency, as may be necessary in the performance of
their investigative and recordkeeping functions;
``(C) to such other government personnel (including
personnel of a State or subdivision of a State) as are
determined to be necessary by an attorney for the government
to assist the attorney in the performance of the official
duties of the attorney in enforcing Federal criminal law;
``(D) if the report discloses a violation of State criminal
law, to an appropriate official of a State or subdivision of
a State for the purpose of enforcing such State law;
``(E) to a defendant in a criminal case or the attorney for
that defendant, to the extent the information relates to a
criminal charge pending against that defendant;
``(F) to an electronic communication service provider or
remote computing provider if necessary to facilitate response
to legal process issued in connection to that report. The
electronic communication service provider or remote computing
service provider shall be prohibited from disclosing the
contents of that report to any person, except as necessary to
respond to the legal process; and
``(G) as ordered by a court upon a showing of good cause
and pursuant to any protective orders or other conditions
that the court may impose.
``(h) Evidence Preservation.--
``(1) In general.--For the purposes of this section, the
notification to an electronic communication service provider
or a remote computing service provider by the CyberTipline of
receipt of a report under subsection (a)(1) shall be treated
as notice to preserve, as if such notice was made pursuant to
section 2703(f).
``(2) Preservation of report.--Pursuant to subsection
(h)(1), an electronic communication service provider or a
remote computing service shall preserve the contents of the
report provided pursuant to subsection (b) as well as the
information in subsection (c)(2) of section 2703 pertaining
to the involved individual for not less than 180 days after
such notification by the CyberTipline.
``(3) Authorities and duties not affected.--Nothing in this
section shall be construed as replacing, amending, or
otherwise interfering with the authorities and duties under
section 2703.
``SEC. 2258B. LIMITED LIABILITY FOR ELECTRONIC COMMUNICATION
SERVICE PROVIDERS, REMOTE COMPUTING SERVICE
PROVIDERS, OR DOMAIN NAME REGISTRAR.
``(a) In General.--Except as provided in subsections (b)
and (c), a civil claim or criminal charge against an
electronic communication service provider, a remote computing
service provider, or domain name registrar, including any
director, officer, employee, or agent of such electronic
communication service provider, remote computing service
provider, or domain name registrar arising from the
performance of the reporting responsibilities of such
electronic communication service provider, remote computing
service provider, or domain name registrar under this
section, section 2258A, or section 2258C may not be brought
in any Federal or State court.
``(b) Intentional, Reckless, or Other Misconduct.--
Subsection (a) shall not apply to a claim if the electronic
communication service provider, remote computing service
provider, or domain name registrar, or a director, officer,
employee, or agent of that electronic communication service
provider, remote computing service provider, or domain name
registrar--
``(1) engaged in intentional misconduct; or
``(2) acted, or failed to act--
``(A) with actual malice;
``(B) with reckless disregard to a substantial risk of
causing injury without legal justification; or
``(C) for a purpose unrelated to the performance of any
responsibility or function under this section, section 2258A,
or section 2258C.
``(c) Ordinary Business Activities.--Subsection (a) shall
not apply to an act or omission relating to an ordinary
business activity of an electronic communication service
provider, a remote computing service provider, or domain name
registrar, including general administration or operations,
the use of motor vehicles, or personnel management.
``(d) Minimizing Access.--An electronic communication
service provider, a remote computing service provider, and
domain name registrar shall--
``(1) minimize the number of employees that are provided
access to any image provided under section 2258A or 2258C;
and
``(2) ensure that any such image is permanently destroyed,
upon notification from a law enforcement agency.
``SEC. 2258C. USE OF IMAGES FROM THE CYBERTIPLINE TO COMBAT
CHILD PORNOGRAPHY.
``(a) In General.--The National Center for Missing and
Exploited Children is authorized to provide elements relating
to any image reported to its CyberTipline to an electronic
communication service provider or a remote computing service
provider for the sole and exclusive purpose of permitting
that electronic communication service provider or remote
computing service provider to stop the further transmission
of images. Such elements may include unique identifiers
associated with a specific image, Internet location of
images, and other technological elements that can be used to
identify and stop the transmission of child pornography.
``(b) Use by Electronic Communication Service Providers and
Remote Computing Service Providers.--Any electronic
communication service provider or remote computing service
provider that receives elements relating to an image from the
National Center for Missing and Exploited Children under this
section may use such information only for the purposes
described in this section, provided that such use shall not
relieve that electronic communication service provider or
remote computing service provider from its reporting
obligations under section 2258A.
``SEC. 2258D. LIMITED LIABILITY FOR THE NATIONAL CENTER FOR
MISSING AND EXPLOITED CHILDREN.
``(a) In General.--Except as provided in subsections (b)
and (c), a civil claim or criminal charge against the
National Center for Missing and Exploited Children, including
any director, officer, employee, or agent of such center,
arising from the performance of the CyberTipline
responsibilities or functions of such center, as described in
this section, section 2258A or 2258C of this title, or
section 404 of the Missing Children's Assistance Act (42
U.S.C. 5773), or from the effort of such center to identify
child victims may not be brought in any Federal or State
court.
``(b) Intentional, Reckless, or Other Misconduct.--
Subsection (a) shall not apply to a claim or charge if the
National Center for Missing and Exploited Children, or a
director, officer, employee, or agent of such center--
``(1) engaged in intentional misconduct; or
``(2) acted, or failed to act--
``(A) with actual malice;
``(B) with reckless disregard to a substantial risk of
causing injury without legal justification; or
``(C) for a purpose unrelated to the performance of any
responsibility or function under this section, section 2258A
or 2258C of this title, or section 404 of the Missing
Children's Assistance Act (42 U.S.C. 5773).
``(c) Ordinary Business Activities.--Subsection (a) shall
not apply to an act or omission relating to an ordinary
business activity, including general administration or
operations, the use of motor vehicles, or personnel
management.
``(d) Minimizing Access.--The National Center for Missing
and Exploited Children shall--
[[Page H14192]]
``(1) minimize the number of employees that are provided
access to any image provided under section 2258A; and
``(2) ensure that any such image is permanently destroyed
upon notification from a law enforcement agency.
``SEC. 2258E. DEFINITIONS.
``In sections 2258A through 2258D--
``(1) the terms `attorney for the government' and `State'
have the meanings given those terms in rule 1 of the Federal
Rules of Criminal Procedure;
``(2) the term `electronic communication service' has the
meaning given that term in section 2510;
``(3) the term `electronic mail address' has the meaning
given that term in section 3 of the CAN-SPAM Act of 2003 (15
U.S.C. 7702);
``(4) the term `Internet' has the meaning given that term
in section 1101 of the Internet Tax Freedom Act (47 U.S.C.
151 note);
``(5) the term `remote computing service' has the meaning
given that term in section 2711; and
``(6) the term `website' means any collection of material
placed in a computer server-based file archive so that it is
publicly accessible, over the Internet, using hypertext
transfer protocol or any successor protocol.''.
(b) Conforming Amendments.--
(1) Repeal of superceded provision.--Section 227 of the
Crime Control Act of 1990 (42 U.S.C. 13032) is repealed.
(2) Table of sections.--The table of sections for chapter
110 of title 18, United States Code, is amended by inserting
after the item relating to section 2258 the following:
``2258A. Reporting requirements of electronic communication service
providers and remote computing service providers.
``2258B. Limited liability for electronic communication service
providers and remote computing service providers.
``2258C. Use of images from the CyberTipline to combat child
pornography.
``2258D. Limited liability for the National Center for Missing and
Exploited Children.
``2258E. Definitions.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Conyers) and the gentleman from Virginia (Mr. Forbes)
each will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. CONYERS. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks, including
extraneous material, on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. CONYERS. Mr. Speaker, I yield myself as much time as I may
consume.
Members of the House, this measure, H.R. 3791, called the SAFE Act,
will improve the ability of our law enforcement officers to investigate
offenses involving child pornography and the exploitation of children
by the Internet.
Under current law, Internet service providers are required to file a
report to the cyber tip line of the National Center of Missing and
Exploited Children when the provider learns of child pornography. The
center serves as a clearinghouse for leads and sends the reports to law
enforcement agencies around the United States and to the Federal Bureau
of Investigation.
Unfortunately though, many Internet companies are unaware of these
obligations, and the law is unclear as to the precise information that
is required to be reported to the center. This bill addresses the
aforementioned problems.
First, it facilitates the reporting of child pornography from
Internet service providers to the center by clarifying the information
that must be reported. Then it specifies the data that must be
maintained by the reporting company for law enforcement purposes. And
finally, it provides certain liability waivers for the center and
Internet service providers for their roles in dealing with child
pornography as required by law. Therefore, H.R. 3791 makes clear the
precise reporting obligations of Internet providers and, in this way,
will facilitate the investigation and prosecution of child pornography
and other crimes against children that involve the Internet. I think
this is an important measure.
Mr. Speaker, I reserve the balance of my time.
Mr. FORBES. Mr. Speaker, I'd like to, at this time yield so much time
as he may consume to the gentleman from Ohio, Congressman Chabot, who
was an original cosponsor of this legislation.
Mr. CHABOT. Mr. Speaker, I rise in support of H.R. 3791, the Securing
Adolescents From Exploitation-Online Act of 2007. The bill's author,
the distinguished gentleman from Texas (Mr. Lampson) and I have worked
closely on several bills in strengthening our child protection laws.
I also want to thank Chairman Conyers and also the gentleman from
Virginia (Mr. Forbes) for their leadership in this area as well. And
I'm pleased to be the principal cosponsor of this bill with Mr.
Lampson, particularly as it provides law enforcement with better
information to fight the despicable act of child pornography.
We don't have to look any further than our homes and our communities
to see that predators are threatening and victimizing our children with
just a simple click. The Internet, while providing a world of
opportunity to our children, has also contributed to a worldwide
expansion of child pornography enabling predators to more easily abuse,
exploit and prey on our most precious items, and that's our children.
H.R. 3791 builds on the investigative tools already in place under
the leadership of the National Center for Missing and Exploited
Children. Through the CyberTipline, the center plays a critical role
interfacing between Federal, State and foreign law enforcement and the
public, providing valuable information in ongoing investigations.
H.R. 3791 recognizes that advances in technology have made electronic
communication service providers the first line of defense against
crimes against children, possessing the real-time information critical
to child pornography investigations. By requiring electronic
communication service providers to report this information to the
CyberTipline as soon as reasonably possible and maintain this
information for an investigation, this act, the SAFE Act, is giving
Federal, State and foreign law enforcement and prosecutors a fighting
chance to put these criminals away, no matter where they are located.
And one of the things that I found out in doing investigations into
this particular area was the shocking fact that there are only 50
nations, including the United States, where child pornography is
illegal. Fifty nations. There are 184 nations around the world where
it's perfectly legal to have, possess, to convey child pornography. So
that's something that I think we need to have some focus and some
attention directed upon, how much of the world, and that stuff gets in
here through the Internet. It may be in China, it may be in Pakistan,
it may be somewhere else, but it can be on our computers in our living
rooms with our children very quickly, so we need to do a much better
job on that, too.
But I want to again thank Mr. Lampson for his leadership in this
area, and I again want to urge my colleagues to support H.R. 3791
today.
Mr. CONYERS. Mr. Speaker, I'm pleased now to recognize again Nick
Lampson of Texas for the great work he has done in this area. I yield
him as much time as he may consume.
But I do want to mention Steve Chabot of the Judiciary Committee, who
has worked with us all in the creation of this legislation.
Mr. LAMPSON. Mr. Speaker, I thank the honorable Mr. Conyers from
Michigan for yielding me the time and for the great work that you've
done on the Judiciary Committee and particularly on this particular
issue, and I thank you for letting me be a part of this.
And for Mr. Chabot, the work that he has done on not just this, but
other legislation having to do with child safety, child protection.
I rise today to ask my colleagues to join me in voting for H.R. 3791,
the Securing Adolescents From Exploitation-Online Act of 2007. This
bill modernizes and expands the reporting requirements relating to
child pornography and expands cooperation in combating child
pornography.
Stories of Internet predators preying on innocents making their way
into our children's bedrooms with the simple click of a mouse, and
they're seen and heard all too often in our media. The age of sweet 16
used to be about parties and learning to drive, but now it marks the
threshold of Internet freedom. Popular social networking Web sites
allow profiles to be public, providing predators with an encyclopedia
[[Page H14193]]
of pictures, personal interests and even addresses, which they can be
used, or they can use to cause harm.
Well, this dangerous trend has become a feeding ground for pedophiles
and convicted sex offenders. Parents, law enforcement and legislators
must work together to bring social networking Web sites into the fight
to protect America's children. And I've joined with one of my cochairs
of the Missing and Exploited Children's Caucus, I just mentioned Mr.
Chabot, in introducing the Securing Adolescents From Exploitation-
Online, the SAFE Act.
The SAFE Act provides increased resources for law enforcement to
capture and prosecute and incarcerate these criminals. By expanding the
system for service providers to report child pornography found on the
systems, we improve child safety and prevent future atrocities.
Currently, Internet service providers are mandated to report child
pornography to the National Center for Missing and Exploited Children.
Under the SAFE Act, all electronic service communications providers and
remote computing service providers will have to report child
pornography. For knowingly and willingly not filing a report after
being made aware of a child pornography image, these providers will be
subject to increased fines of $150,000 per image per day for the first
offense and up to $300,000 per image per day for any image found
thereafter.
{time} 1415
This bill will also increase the efficiency of the CyberTipline,
making it a better investigative tool for law enforcement by mandating
that all information submitted by providers is consistent. The process
outlined in this bill keeps law enforcement officials in the loop by
making information more readily accessible and requires providers to
retain key data that law enforcement agencies can use to investigate
and prosecute child predators.
Over 10 years ago, I created the bipartisan Congressional Caucus on
Missing and Exploited Children after a young girl in my district was
kidnapped and murdered. And since then, I have continued to work
extensively with organizations such as the National Center for Missing
and Exploited Children on educating Members of Congress and others on
legislation such as the SAFE Act that strengthen the National Center's
ability to keep children safer online and on our streets.
Many of us have watched Dateline's popular series ``To Catch a
Predator,'' and organizations such as Perverted Justice that actively
look for Internet child predators. We need to become partners in this
fight by talking with our children about the dangers of strangers
online and making Internet use a family activity.
While parents should teach their children that the Internet may offer
many different types of resources, from entertainment to educational,
it also poses many risks. Parents are the first line of defense against
online predators, and the SAFE Act will reinforce their efforts.
Internet companies will need to do their part as well. When we begin
to hold Web sites accountable for the images that they host, we've
taken the first step toward supporting parents in their efforts to
protect children. Our combined efforts will help make the Internet a
safer place.
I again want to thank and recognize some of the people who have
worked so hard to make this legislation what it has become, those
staffers who have worked diligently in bringing this legislation to
fruition: Committee on Judiciary staffers Ted Kalo and Mark Dubester;
Congressman Steve Chabot's staffer Kim Betz; and my staffers, Dan
Easley and Abby Shannon, and a very special thank you to my
distinguished Republican colleague, Steve Chabot, who has worked
tirelessly on the issue of child safety, working with me as one of the
cochairs of the Congressional Caucus on Missing and Exploited Children.
I have great respect for the work that he has done here in Congress as
well as for the work that he has done in his congressional district,
and for championing this legislation on his side of the aisle and for
helping to ensure that not only are Ohio's children protected but all
of America's children are as well.
Once again, I would like to thank John and Reve Walsh for all the
time that they have spent in helping us make this legislation
successful, and Ernie Allen, who has spent, along with the Walshes, a
good part of this day making sure that others of our colleagues were
aware of it, and to be willing to support it. I thank them for their
magnificent contribution that they've made to protecting children
across this world, not just in the United States of America. It's
because of their persistent dedication to this cause that so many of
our children sleep more safely at night.
Again, I ask my colleagues to support H.R. 3791.
Mr. FORBES. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today to join those voices in support of H.R.
3791, the Securing Adolescents from Exploitation-Online Act of 2007,
otherwise known as the SAFE Act.
Child pornography is a profitable, global criminal enterprise and is
growing rapidly in technical sophistication in response to efforts to
detect and disrupt these criminal operations. It is despicable in its
scope and in its vicious victimization of children.
The Federal Bureau of Investigation estimates that 50,000 child
predators are online at any time searching for potential victims. The
Internet is a virtual playground for sexual predators, who satiate
their desire for child pornography with relative anonymity.
H.R. 3791, the SAFE Act, would, first of all, strengthen the
requirements applicable to Internet service providers to report
violations of child pornography laws, and second, provide limited
liability to ISPs, telecommunications carriers, and the National Center
for Missing and Exploited Children in connection with the reporting to
law enforcement agencies of child pornography violations.
This legislation is a good first step in addressing the problem of
child pornography. However, there is much more that needs to be done.
In February 2007, Judiciary Committee Ranking Member Smith and I
introduced H.R. 837, the Internet SAFETY Act of 2007, a comprehensive
proposal to provide law enforcement with the tools and resources needed
to deal with the problem of child pornography. Unfortunately, the
majority has chosen not to consider this vital proposal. I am hopeful
that the majority will bring H.R. 837 up for consideration by the
Judiciary Committee and then to the House floor.
Our children deserve as much protection as we can provide. They are
vulnerable victims of the child pornography industry. We need to do
more. A first step is good, but we cannot stop here. We must keep
moving forward to keep our children safe.
Mr. Speaker, I yield back the balance of my time.
Mr. CONYERS. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Ross). The question is on the motion
offered by the gentleman from Michigan (Mr. Conyers) that the House
suspend the rules and pass the bill, H.R. 3791, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. CONYERS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________