[Congressional Record Volume 154, Number 85 (Thursday, May 22, 2008)]
[Senate]
[Pages S4837-S4839]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              PROTECTING CHILDREN IN THE 21ST CENTURY ACT

  Mr. REID. I ask unanimous consent that we now proceed to Calendar No. 
538, S. 1965.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1965) to protect children from cybercrimes, 
     including crimes by online predators, to enhance efforts to 
     identify and eliminate child pornography, and to help parents 
     shield their children from material that is inappropriate for 
     minors.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science and 
Transportation with amendments, as follows:
  [The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italics.]

                                S. 1965

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Protecting 
     Children in the 21st Century Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

            TITLE I--PROMOTING A SAFE INTERNET FOR CHILDREN

Sec. 101. Internet safety.
Sec. 102. Public awareness campaign.
Sec. 103. Annual reports.
Sec. 104. Authorization of appropriations.
Sec. 105. Online safety and technology working group.
Sec. 106. Promoting online safety in schools.
Sec. 107. Definitions.

           TITLE II--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT

Sec. 201. Child pornography prevention; forfeitures related to child 
              pornography violations.
Sec. 202. Additional child pornography amendments.

            TITLE I--PROMOTING A SAFE INTERNET FOR CHILDREN

     SEC. 101. INTERNET SAFETY.

       For the purposes of this title, the issue of Internet 
     safety includes issues regarding the use of the Internet in a 
     manner that promotes safe online activity for children, 
     protects children from cybercrimes, including crimes by 
     online predators, and helps parents shield their children 
     from material that is inappropriate for minors.

     SEC. 102. PUBLIC AWARENESS CAMPAIGN.

       The Federal Trade Commission shall carry out a nationwide 
     program to increase public

[[Page S4838]]

     awareness and provide education regarding strategies to 
     promote the safe use of the Internet by children. The program 
     shall utilize existing resources and efforts of the Federal 
     Government, State and local governments, nonprofit 
     organizations, private technology and financial companies, 
     Internet service providers, World Wide Web-based resources, 
     and other appropriate entities, that includes--
       (1) identifying, promoting, and encouraging best practices 
     for Internet safety;
       (2) establishing and carrying out a national outreach and 
     education campaign regarding Internet safety utilizing 
     various media and Internet-based resources;
       (3) facilitating access to, and the exchange of, 
     information regarding Internet safety to promote up-to-date 
     knowledge regarding current issues; and
       (4) facilitating access to Internet safety education and 
     public awareness efforts the Commission considers appropriate 
     by States, units of local government, schools, police 
     departments, nonprofit organizations, and other appropriate 
     entities.

     SEC. 103. ANNUAL REPORTS.

       The Commission shall submit a report to the Senate 
     Committee on Commerce, Science, and Transportation not later 
     than March 31 of each year that describes the activities 
     carried out under section 102 by the Commission during the 
     preceding calendar year.

     SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

       For carrying out the public awareness campaign under 
     section 102, there are authorized to be appropriated to the 
     Commission $5,000,000 for each of fiscal years 2008 and 2009.

     SEC. 105. ONLINE SAFETY AND TECHNOLOGY WORKING GROUP.

       (a) Establishment.--Within 90 days after the date of 
     enactment of this Act, the Assistant Secretary of Commerce 
     for Communications and Information shall establish an Online 
     Safety and Technology working group comprised of 
     representatives of relevant sectors of the business 
     community, public interest groups, and other appropriate 
     groups and Federal agencies to review and evaluate--
       (1) the status of industry efforts to promote online safety 
     through educational efforts, parental control technology, 
     blocking and filtering software, age-appropriate labels for 
     content or other technologies or initiatives designed to 
     promote a safe online environment for children;
       (2) the status of industry efforts to promote online safety 
     among providers of electronic communications services and 
     remote computing services by reporting apparent child 
     pornography under section 13032 of title 42, United States 
     Code, including amendments made by this Act with respect to 
     the content of such reports and any obstacles to such 
     reporting;
       (3) the practices of electronic communications service 
     providers and remote computing service providers related to 
     record retention in connection with crimes against children; 
     and
       (4) the development of technologies to help parents shield 
     their children from inappropriate material on the Internet.
       (b) Report.--Within 1 year after the working group is first 
     convened, it shall submit a report to the Assistant Secretary 
     and the Senate Committee on Commerce, Science, and 
     Transportation that--
       (1) describes in detail its findings, including any 
     information related to the effectiveness of such strategies 
     and technologies and any information about the prevalence 
     within industry of educational campaigns, parental control 
     technologies, blocking and filtering software, labeling, or 
     other technologies to assist parents; and
       (2) includes recommendations as to what types of incentives 
     could be used or developed to increase the effectiveness and 
     implementation of such strategies and technologies.
       (c) FACA Not To Apply to Working Group.--The Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     working group.

     SEC. 106. PROMOTING ONLINE SAFETY IN SCHOOLS.

       Section 254(h)(5)(B) of the Communications Act of 1934 (47 
     U.S.C. 254(h)(5)(b)) is amended--
       (1) by striking ``and'' after the semicolon in clause (i);
       (2) by striking ``minors.'' in clause (ii) and inserting 
     ``minors; and''; and
       (3) by adding at the end the following:
       ``(iii) as part of its Internet safety policy is educating 
     minors about appropriate online behavior, including 
     interacting with other individuals on social networking 
     websites and in chat rooms and cyberbullying awareness and 
     response.''.

     SEC. 107. DEFINITIONS.

       In this title:
       (1) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (2) Internet.--The term ``Internet'' means collectively the 
     myriad of computer and telecommunications facilities, 
     including equipment and operating software, which comprise 
     the interconnected world-wide network of networks that employ 
     the Transmission Control Protocol/Internet Protocol, or any 
     predecessor successor protocols to such protocol, to 
     communicate information of all kinds by wire or radio.

           TITLE II--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT

     SEC. 201. CHILD PORNOGRAPHY PREVENTION; FORFEITURES RELATED 
                   TO CHILD PORNOGRAPHY VIOLATIONS.

       (a) In General.--Section 503(b)(1) of the Communications 
     Act of 1934 (47 U.S.C. 503(b)(1)) is amended--
       (1) by striking ``or'' after the semicolon in subparagraph 
     (C);
       (2) by striking ``or 1464'' in subparagraph (D) and 
     inserting ``1464, or 2252'';
       (3) by inserting ``or'' after the semicolon in subparagraph 
     (D); and
       (4) by inserting after subparagraph (D) the following:
       ``(E) violated any provision of section 227 of the Victims 
     of Child Abuse Act of 1990 (42 U.S.C. 13032);''.

     SEC. 202. ADDITIONAL CHILD PORNOGRAPHY AMENDMENTS.

       (a) Increase in Fine for Failure To Report.--Section 
     227(b)(4) of the Crime Control Act of 1990 (42 U.S.C. 
     13032(b)(4)) is amended--
       (1) by striking ``$50,000;'' in subparagraph (A) and 
     inserting ``$150,000;''; and
       (2) by striking ``$100,000.'' in subparagraph (B) and 
     inserting ``$300,000.''.
       (b) International Information Sharing.--Section 227 of the 
     Victims of Child Abuse Act of 1990 (42 U.S.C. 13032) is 
     amended--
       (1) by striking ``a law enforcement agency or'' in 
     subsection (b)(1) and inserting ``appropriate Federal, State, 
     or foreign law enforcement agencies'';
       (2) by inserting ``Federal, State, or foreign'' after 
     ``designate the'' in subsection (b)(2);
       (3) by striking ``law.'' in subsection (b)(3) and inserting 
     ``law, or appropriate officials of foreign law enforcement 
     agencies designated by the Attorney General for the purpose 
     of enforcing State or Federal laws of the United States.'';
       (4) by redesignating paragraphs (3) and (4) of subsection 
     (b) as paragraphs (4) and (5), respectively, and inserting 
     after paragraph (2) the following:
       ``(3) Contents of report.--To the extent this information 
     is reasonably available to an electronic communication 
     service provider or a remote computing service provider, each 
     report under paragraph (1) shall include--
       ``(A) information relating to the Internet identity of any 
     individual who appears to have violated any section of title 
     18, United States Code, referenced in paragraph (1), 
     including any relevant user ID or other online identifier, 
     electronic mail addresses, website address, uniform resource 
     locator, or other identifying information;
       ``(B) information relating to when any apparent child 
     pornography was uploaded, transmitted, reported to, or 
     discovered by the electronic communication service provider 
     or a remote computing service provider, as the case may be, 
     including a date and time stamp and time zone;
       ``(C) information relating to geographic location of the 
     involved individual or reported content, including the 
     hosting website, uniform resource locator, street address, 
     zip code, area code, telephone number, or Internet Protocol 
     address;
       ``(D) any image of any apparent child pornography relating 
     to the [incident] incident, and any images commingled with 
     images of apparent child pornography, such report is 
     regarding; and
       ``(E) accurate contact information for the electronic 
     communication service provider or remote computing service 
     provider making the report, including the 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.'';
       (5) by inserting ``section 404 of the Missing Children's 
     Assistance Act (42 U.S.C. 5773),'' after ``section,'' in 
     subsection (g)(1); and
       (6) by adding at the end thereof the following:
       ``(h) Use of Information To Combat Child Pornography.--The 
     National Center for Missing and Exploited Children is 
     authorized to provide elements relating to any [image, 
     including the image itself,] image or other relevant 
     information reported to its Cyber Tip Line 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 and develop anti-child pornography technologies and 
     related industry best practices. Any electronic communication 
     service provider or remote computing service provider that 
     receives information from the National Center for Missing and 
     Exploited Children under this subsection may use such 
     information only for the purposes described in this 
     subsection.''.
  Mr. REID. I ask unanimous consent that the Stevens amendment at the 
desk be agreed to; the committee-reported amendments, as amended, if 
amended, be agreed to; the bill, as amended, be read a third time and 
passed; the motion to reconsider be laid upon the table and that any 
statements related to this matter be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendments were agreed to.
  The amendment (No. 4819) was agreed to, as follows:

[[Page S4839]]

    (Purpose: To strike the authorization of appropriations and the 
                additional child pornography amendments)

       On page 2, between lines 7 and 8, strike the item relating 
     to section 104 and redesignate the items relating to sections 
     105, 106, and 107 as relating to sections 104, 105, and 106.
       On page 2, before line 8, strike the item relating to 
     section 202.
       On page 4, strike lines 7 through 11.
       On page 4, line 12, strike ``SEC. 105.'' and insert ``SEC. 
     104.''.
       On page 6, line 10, strike ``SEC. 106.'' and insert ``SEC. 
     105.''.
       On page 6, line 24, strike ``SEC. 107.'' and insert ``SEC. 
     106.''.
       On page 8, beginning with line 6, strike through the end of 
     the bill.

  The bill (S. 1965), as amended, was ordered to be engrossed for a 
third reading, was read the third time and passed, as follows:

                                S. 1965

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Protecting 
     Children in the 21st Century Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

            TITLE I--PROMOTING A SAFE INTERNET FOR CHILDREN

Sec. 101. Internet safety.
Sec. 102. Public awareness campaign.
Sec. 103. Annual reports.
Sec. 104. Online safety and technology working group.
Sec. 105. Promoting online safety in schools.
Sec. 106. Definitions.

           TITLE II--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT

Sec. 201. Child pornography prevention; forfeitures related to child 
              pornography violations.

            TITLE I--PROMOTING A SAFE INTERNET FOR CHILDREN

     SEC. 101. INTERNET SAFETY.

       For the purposes of this title, the issue of Internet 
     safety includes issues regarding the use of the Internet in a 
     manner that promotes safe online activity for children, 
     protects children from cybercrimes, including crimes by 
     online predators, and helps parents shield their children 
     from material that is inappropriate for minors.

     SEC. 102. PUBLIC AWARENESS CAMPAIGN.

       The Federal Trade Commission shall carry out a nationwide 
     program to increase public awareness and provide education 
     regarding strategies to promote the safe use of the Internet 
     by children. The program shall utilize existing resources and 
     efforts of the Federal Government, State and local 
     governments, nonprofit organizations, private technology and 
     financial companies, Internet service providers, World Wide 
     Web-based resources, and other appropriate entities, that 
     includes--
       (1) identifying, promoting, and encouraging best practices 
     for Internet safety;
       (2) establishing and carrying out a national outreach and 
     education campaign regarding Internet safety utilizing 
     various media and Internet-based resources;
       (3) facilitating access to, and the exchange of, 
     information regarding Internet safety to promote up-to-date 
     knowledge regarding current issues; and
       (4) facilitating access to Internet safety education and 
     public awareness efforts the Commission considers appropriate 
     by States, units of local government, schools, police 
     departments, nonprofit organizations, and other appropriate 
     entities.

     SEC. 103. ANNUAL REPORTS.

       The Commission shall submit a report to the Senate 
     Committee on Commerce, Science, and Transportation not later 
     than March 31 of each year that describes the activities 
     carried out under section 102 by the Commission during the 
     preceding calendar year.

     SEC. 104. ONLINE SAFETY AND TECHNOLOGY WORKING GROUP.

       (a) Establishment.--Within 90 days after the date of 
     enactment of this Act, the Assistant Secretary of Commerce 
     for Communications and Information shall establish an Online 
     Safety and Technology working group comprised of 
     representatives of relevant sectors of the business 
     community, public interest groups, and other appropriate 
     groups and Federal agencies to review and evaluate--
       (1) the status of industry efforts to promote online safety 
     through educational efforts, parental control technology, 
     blocking and filtering software, age-appropriate labels for 
     content or other technologies or initiatives designed to 
     promote a safe online environment for children;
       (2) the status of industry efforts to promote online safety 
     among providers of electronic communications services and 
     remote computing services by reporting apparent child 
     pornography under section 13032 of title 42, United States 
     Code, including amendments made by this Act with respect to 
     the content of such reports and any obstacles to such 
     reporting;
       (3) the practices of electronic communications service 
     providers and remote computing service providers related to 
     record retention in connection with crimes against children; 
     and
       (4) the development of technologies to help parents shield 
     their children from inappropriate material on the Internet.
       (b) Report.--Within 1 year after the working group is first 
     convened, it shall submit a report to the Assistant Secretary 
     and the Senate Committee on Commerce, Science, and 
     Transportation that--
       (1) describes in detail its findings, including any 
     information related to the effectiveness of such strategies 
     and technologies and any information about the prevalence 
     within industry of educational campaigns, parental control 
     technologies, blocking and filtering software, labeling, or 
     other technologies to assist parents; and
       (2) includes recommendations as to what types of incentives 
     could be used or developed to increase the effectiveness and 
     implementation of such strategies and technologies.
       (c) FACA Not To Apply to Working Group.--The Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     working group.

     SEC. 105. PROMOTING ONLINE SAFETY IN SCHOOLS.

       Section 254(h)(5)(B) of the Communications Act of 1934 (47 
     U.S.C. 254(h)(5)(b)) is amended--
       (1) by striking ``and'' after the semicolon in clause (i);
       (2) by striking ``minors.'' in clause (ii) and inserting 
     ``minors; and''; and
       (3) by adding at the end the following:
       ``(iii) as part of its Internet safety policy is educating 
     minors about appropriate online behavior, including 
     interacting with other individuals on social networking 
     websites and in chat rooms and cyberbullying awareness and 
     response.''.

     SEC. 106. DEFINITIONS.

       In this title:
       (1) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (2) Internet.--The term ``Internet'' means collectively the 
     myriad of computer and telecommunications facilities, 
     including equipment and operating software, which comprise 
     the interconnected world-wide network of networks that employ 
     the Transmission Control Protocol/Internet Protocol, or any 
     predecessor successor protocols to such protocol, to 
     communicate information of all kinds by wire or radio.

           TITLE II--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT

     SEC. 201. CHILD PORNOGRAPHY PREVENTION; FORFEITURES RELATED 
                   TO CHILD PORNOGRAPHY VIOLATIONS.

       (a) In General.--Section 503(b)(1) of the Communications 
     Act of 1934 (47 U.S.C. 503(b)(1)) is amended--
       (1) by striking ``or'' after the semicolon in subparagraph 
     (C);
       (2) by striking ``or 1464'' in subparagraph (D) and 
     inserting ``1464, or 2252'';
       (3) by inserting ``or'' after the semicolon in subparagraph 
     (D); and
       (4) by inserting after subparagraph (D) the following:
       ``(E) violated any provision of section 227 of the Victims 
     of Child Abuse Act of 1990 (42 U.S.C. 13032);''.

                          ____________________