[Congressional Record Volume 164, Number 109 (Thursday, June 28, 2018)]
[Senate]
[Pages S4738-S4740]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORNYN (for himself and Mrs. Feinstein):
  S. 3170. A bill to amend title 18, United States Code, to make 
certain changes to the reporting requirement of certain service 
providers regarding child sexual exploitation visual depictions, and 
for other purposes; to the Committee on the Judiciary.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3170

       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 ``CyberTipline Modernization 
     Act of 2018''.

     SEC. 2. ALTERATIONS TO REPORTING REQUIREMENTS FOR ELECTRONIC 
                   SERVICE PROVIDERS AND REMOTE COMPUTING SERVICE 
                   PROVIDERS.

       Section 2258A of title 18, United States Code, is amended--
       (1) in the heading, by striking ``electronic communication 
     service providers and remote computing service providers'' 
     and inserting ``providers'';
       (2) in subsection (a)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) In general.--
       ``(A) Duty.--In order to reduce the proliferation of online 
     child sexual exploitation and to prevent the online sexual 
     exploitation of children, a provider--
       ``(i) shall, as soon as reasonably possible after obtaining 
     actual knowledge of any facts or circumstances described in 
     paragraph (2)(A), take the actions described in subparagraph 
     (B); and
       ``(ii) may, after obtaining actual knowledge of any facts 
     or circumstances described in paragraph (2)(B), take the 
     actions described in subparagraph (B).
       ``(B) Actions described.--The actions described in this 
     subparagraph are--
       ``(i) providing to the CyberTipline of NCMEC, or any 
     successor to the CyberTipline operated by NCMEC, the mailing 
     address, telephone number, facsimile number, electronic 
     mailing address of, and individual point of contact for, such 
     provider; and
       ``(ii) making a report of such facts or circumstances to 
     the CyberTipline, or any successor to the CyberTipline 
     operated by NCMEC.''; and
       (B) by amending paragraph (2) to read as follows:
       ``(2) Facts or circumstances.--
       ``(A) Apparent violations.--The facts or circumstances 
     described in this subparagraph are any facts or circumstances 
     from which there is an apparent violation of section 2251, 
     2251A, 2252, 2252A, 2252B, or 2260 that involves child 
     pornography.
       ``(B) Imminent violations.--The facts or circumstances 
     described in this subparagraph are any facts or circumstances 
     which indicate a violation of any of the sections described 
     in subparagraph (A) involving child pornography may be 
     planned or imminent.'';
       (3) in subsection (b)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``To the extent'' and inserting ``In an 
     effort to prevent the future sexual victimization of 
     children, and to the extent'';
       (ii) by striking ``an electronic communication service 
     provider or a remote computing service provider'' and 
     inserting ``a provider''; and
       (iii) by striking ``may include'' and inserting ``may, at 
     the sole discretion of the provider, include'';
       (B) in paragraph (1)--
       (i) by inserting ``or plans to violate'' after ``who 
     appears to have violated''; and
       (ii) by inserting ``payment information (excluding 
     personally identifiable information),'' after ``uniform 
     resource locator,'';
       (C) in paragraph (2)--
       (i) by striking ``an electronic communication service 
     provider or a remote computing service provider'' and 
     inserting ``a provider'';
       (ii) by striking ``apparent child pornography'' each place 
     it appears and inserting ``content relating to the report''; 
     and
       (iii) by striking ``the electronic communication service 
     provider or a remote computing service provider'' and 
     inserting ``the provider'';
       (D) by amending paragraph (3) to read as follows:
       ``(3) Geographic location information.--Information 
     relating to the geographic location of the involved 
     individual or website, which may include the Internet 
     Protocol address or verified address, or, if not reasonably 
     available, at least one form of geographic identifying 
     information, including area code or zip code, provided by the 
     customer or subscriber, or stored or obtained by the 
     provider.'';
       (E) in paragraph (4)--
       (i) in the heading by striking ``Images'' and inserting 
     ``Visual depictions'';
       (ii) by striking ``image'' and inserting ``visual 
     depiction''; and
       (iii) by inserting ``or other content'' after ``apparent 
     child pornography''; and
       (F) in paragraph (5)--
       (i) by striking ``image'' and inserting ``visual 
     depiction'';
       (ii) by inserting ``or other content'' after ``apparent 
     child pornography''; and
       (iii) by striking ``images'' and inserting ``visual 
     depictions'';
       (4) by amending subsection (c) to read as follows:
       ``(c) Forwarding of Report to Law Enforcement.--Pursuant to 
     its clearinghouse role as a private, nonprofit organization, 
     and at the conclusion of its review in furtherance of its 
     nonprofit mission, NCMEC shall make available each report 
     made under subsection (a)(1) to one or more of the following 
     law enforcement agencies:
       ``(1) Any Federal law enforcement agency that is involved 
     in the investigation of child sexual exploitation, 
     kidnapping, or enticement crimes.
       ``(2) Any State or local law enforcement agency that is 
     involved in the investigation of child sexual exploitation.
       ``(3) A foreign law enforcement agency designated by the 
     Attorney General under subsection (d)(3) or a foreign law 
     enforcement

[[Page S4739]]

     agency that has an established relationship with the Federal 
     Bureau of Investigation, Immigration and Customs Enforcement, 
     or INTERPOL, and is involved in the investigation of child 
     sexual exploitation, kidnapping, or enticement crimes.'';
       (5) in subsection (d)--
       (A) in paragraph (2), by striking ``shall designate 
     promptly the'' and inserting ``may designate a'';
       (B) in paragraph (3)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``shall promptly'' and inserting ``may''; and
       (ii) in subparagraph (A), by striking ``designate the'' and 
     inserting ``designate'';
       (C) in paragraph (4)--
       (i) by striking ``shall'' and inserting ``may'';
       (ii) by striking ``the National Center for Missing and 
     Exploited Children'' and inserting ``NCMEC'';
       (iii) by striking ``electronic communication service 
     providers, remote computing service providers'' and inserting 
     ``providers'';
       (D) by striking paragraph (5);
       (E) by redesignating paragraph (6) as paragraph (5); and
       (F) by amending paragraph (5), as so redesignated, to read 
     as follows:
       ``(5) Notification to providers.--
       ``(A) In general.--NCMEC may notify a provider of the 
     information described in subparagraph (B), if--
       ``(i) a provider notifies NCMEC that the provider is making 
     a report under this section as the result of a request by a 
     foreign law enforcement agency; and
       ``(ii) NCMEC forwards the report described in clause (i) 
     to--

       ``(I) the requesting foreign law enforcement agency; or
       ``(II) another agency in the same country designated by the 
     Attorney General under paragraph (3) or that has an 
     established relationship with the Federal Bureau of 
     Investigation, U.S. Immigration and Customs Enforcement, or 
     INTERPOL and is involved in the investigation of child sexual 
     exploitation, kidnapping, or enticement crimes.

       ``(B) Information described.--The information described in 
     this subparagraph is--
       ``(i) the identity of the foreign law enforcement agency to 
     which the report was forwarded; and
       ``(ii) the date on which the report was forwarded.
       ``(C) Notification of inability to forward report.--If a 
     provider notifies NCMEC that the provider is making a report 
     under this section as the result of a request by a foreign 
     law enforcement agency and NCMEC is unable to forward the 
     report as described in subparagraph (A)(ii), NCMEC shall 
     notify the provider that NCMEC was unable to forward the 
     report.'';
       (6) in subsection (e), by striking ``An electronic 
     communication service provider or remote computing service 
     provider'' and inserting ``A provider'';
       (7) in subsection (f)--
       (A) in the matter preceding paragraph (1), by striking ``an 
     electronic communication service provider or remote computing 
     service provider'' and inserting ``a provider'';
       (B) in paragraph (3), by striking ``seek'' and inserting 
     ``search, screen, or scan for'';
       (8) in subsection (g)--
       (A) in paragraph (2)--
       (i) in subparagraph (A)(vi), by striking ``an electronic 
     communication service provider or remote computing service 
     provider'' and inserting ``a provider''; and
       (ii) by amending subparagraph (B) to read as follows:
       ``(B) Limitation.--Nothing in subparagraph (A)(vi) 
     authorizes a law enforcement agency to provide visual 
     depictions of apparent child pornography to a provider.'';
       (B) in paragraph (3)--
       (i) in the paragraph heading, by striking ``the national 
     center for missing and exploited children'' and inserting 
     ``NCMEC'';
       (ii) in the matter preceding subparagraph (A)--

       (I) by striking ``The National Center for Missing and 
     Exploited Children'' and inserting ``NCMEC'';
       (II) by inserting after ``may disclose'' the following: 
     ``by mail, electronic transmission, or other reasonable 
     means,''; and
       (III) by striking ``only'' and inserting ``only to'';

       (iii) in subparagraph (A)--

       (I) by striking `` to any Federal law enforcement agency'' 
     and inserting ``any Federal law enforcement agency''; and
       (II) by inserting before the semicolon at the end the 
     following: ``or that is involved in the investigation of 
     child sexual exploitation, kidnapping, or enticement 
     crimes'';

       (iv) in subparagraph (B)--

       (I) by striking ``to any State'' and inserting ``any 
     State''; and
       (II) by striking ``child pornography, child exploitation'' 
     and inserting ``child sexual exploitation'';

       (v) in subparagraph (C)--

       (I) by striking ``to any foreign law enforcement agency'' 
     and inserting ``any foreign law enforcement agency''; and
       (II) by striking ``; and'' and inserting ``or that has an 
     established relationship with the Federal Bureau of 
     Investigation, Immigration and Customs Enforcement, or 
     INTERPOL, and is involved in the investigation of child 
     sexual exploitation, kidnapping, or enticement crimes;'';

       (vi) in subparagraph (D)--

       (I) by striking ``to an electronic communication service 
     provider or remote computing service provider'' and inserting 
     ``a provider''; and
       (II) by striking the period at the end and inserting ``; 
     and''; and

       (vii) by adding after subparagraph (D) the following:
       ``(E) respond to legal process, as necessary.''; and
       (C) by adding at the end the following:
       ``(4) Permitted disclosure by a provider.--A provider that 
     submits a report under subsection (a)(1) may disclose by 
     mail, electronic transmission, or other reasonable means, 
     information, including visual depictions contained in the 
     report, in a manner consistent with permitted disclosures 
     under paragraphs (3) through (8) of section 2702(b) only to a 
     law enforcement agency described in subparagraph (A), (B), or 
     (C) of paragraph (3), to NCMEC, or as necessary to respond to 
     legal process.''; and
       (9) in subsection (h)--
       (A) in paragraph (1)--
       (i) by striking ``the notification to an electronic 
     communication service provider or a remote computing service 
     provider by the CyberTipline of receipt of a report'' and 
     inserting ``a completed submission by a provider of a report 
     to the CyberTipline''; and
       (ii) by striking ``, as if such request was made pursuant 
     to section 2703(f)'' and inserting ``the contents provided in 
     the report for 90 days after the submission to the 
     CyberTipline'';
       (B) by striking paragraph (2);
       (C) by redesignating paragraphs (3) through (5) as 
     paragraphs (2) through (4), respectively;
       (D) in paragraph (2), as so redesignated--
       (i) in the heading, by striking ``images'' and inserting 
     ``content'';
       (ii) by striking ``an electronic communication service 
     provider or a remote computing service'' and inserting ``a 
     provider'';
       (iii) by striking ``images'' and inserting ``visual 
     depictions''; and
       (iv) by striking ``commingled or interspersed among the 
     images of apparent child pornography within a particular 
     communication or user created folder or directory'' and 
     inserting ``reasonably accessible and may provide context or 
     additional information about the reported material or 
     person''; and
       (E) in paragraph (3), as so redesignated, by striking ``An 
     electronic communication service provider or a remote 
     computing service'' and inserting ``A provider''.

     SEC. 3. LIMITED LIABILITY FOR PROVIDERS OR DOMAIN NAME 
                   REGISTRARS.

       Section 2258B of title 18, United States Code, is amended--
       (1) in the heading--
       (A) by striking ``electronic communication service 
     providers, remote computing service providers,'' and 
     inserting ``providers''; and
       (B) by striking ``registrar'' and inserting ``registrars'';
       (2) in subsection (a)--
       (A) by striking ``an electronic communication service 
     provider, remote computing service provider,'' and inserting 
     ``a provider''; and
       (B) by striking ``such electronic communication service 
     provider, remote computing service provider,'' and inserting 
     ``such provider'';
       (3) in subsection (b), by striking ``electronic 
     communication service provider, remote computing service 
     provider,'' each place it appears and inserting ``provider''; 
     and
       (4) in subsection (c)--
       (A) by striking ``image'' each place it appears and 
     inserting ``visual depiction'';
       (B) in the matter preceding paragraph (1), by striking ``An 
     electronic communication service provider, a remote computing 
     service provider,'' and inserting ``A provider''.

     SEC. 4. USE TO COMBAT CHILD PORNOGRAPHY OF TECHNICAL ELEMENTS 
                   RELATING TO REPORTS MADE TO CYBERTIPLINE.

       Section 2258C of title 18, United States Code, is amended--
       (1) in the heading, by striking ``to images reported to'' 
     and inserting ``to reports made to'';
       (2) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``The National Center for Missing and 
     Exploited Children'' and inserting ``NCMEC'';
       (ii) by striking ``apparent child pornography image of an 
     identified child'' and inserting ``CyberTipline report'';
       (iii) by striking ``an electronic communication service 
     provider or a remote computing service provider'' and 
     inserting ``a provider'';
       (iv) by striking ``that electronic communication service 
     provider or remote computing service provider'' and inserting 
     ``that provider''; and
       (v) by striking ``further transmission of images'' and 
     inserting ``online sexual exploitation of children'';
       (B) in paragraph (2), by striking ``specific image, 
     Internet location of images, and other technological elements 
     that can be used to identify and stop the transmission of 
     child pornography'' and inserting ``specific visual 
     depiction, including an Internet location and any other 
     elements provided in a CyberTipline report that can be used 
     to identify, prevent, curtail, or stop the transmission of 
     child pornography and prevent the online sexual exploitation 
     of children''; and
       (C) in paragraph (3), by striking ``actual images'' and 
     inserting ``actual visual depictions of apparent child 
     pornography'';
       (3) in subsection (b)--

[[Page S4740]]

       (A) in the heading, by striking ``electronic communication 
     service providers and remote computing service providers'' 
     and inserting ``providers'';
       (B) by striking ``electronic communication service provider 
     or remote computing service provider'' each place it appears 
     and inserting ``provider'';
       (C) by striking ``apparent child pornography image of an 
     identified child from the National Center for Missing and 
     Exploited Children'' and inserting ``CyberTipline report from 
     NCMEC'';
       (D) by striking ``shall not relieve that'' and inserting 
     ``shall not relieve the''; and
       (E) by striking ``its reporting obligations'' and inserting 
     ``reporting'';
       (4) in subsection (c)--
       (A) by striking ``electronic communication service 
     providers or remote computing service providers'' and 
     inserting ``providers'';
       (B) by striking ``apparent child pornography image of an 
     identified child from the National Center for Missing and 
     Exploited Children'' and inserting ``CyberTipline report from 
     NCMEC''; and
       (C) by striking ``further transmission of the images'' and 
     inserting ``online sexual exploitation of children'';
       (5) in subsection (d)--
       (A) by striking ``The National Center for Missing and 
     Exploited Children shall'' and inserting ``NCMEC may'';
       (B) by inserting after ``local law enforcement'' the 
     following: ``, and to foreign law enforcement agencies 
     described in section 2258A(c)(3)'';
       (C) by striking ``investigation of child pornography'' and 
     inserting ``investigation of child sexual exploitation'';
       (D) by striking ``image of an identified child'' and 
     inserting ``visual depiction''; and
       (E) by striking ``reported to the National Center for 
     Missing and Exploited Children'' and inserting ``reported to 
     the CyberTipline''; and
       (6) in subsection (e)--
       (A) by inserting before ``Federal'' the following: 
     ``foreign,'';
       (B) by striking ``image of an identified child from the 
     National Center for Missing and Exploited Children under 
     section (d)'' and inserting ``visual depiction from NCMEC 
     under subsection (d)'';
       (C) by striking ``child pornography crimes'' and inserting 
     ``child sexual exploitation crimes,''; and
       (D) by inserting before the period at the end the 
     following: ``and prevent future sexual victimization of 
     children''.

     SEC. 5. LIMITED LIABILITY FOR NCMEC.

       Section 2258D of title 18, United States Code, is amended--
       (1) in the heading, by striking ``the National Center for 
     Missing and Exploited Children'' and inserting ``NCMEC'';
       (2) in subsection (a)--
       (A) by striking ``Except as provided'' and inserting 
     ``Pursuant to its clearinghouse role as a private, nonprofit 
     organization and its mission to help find missing children, 
     reduce online sexual exploitation of children and prevent 
     future victimization, and except as provided'';
       (B) by striking ``the National Center for Missing and 
     Exploited Children'' and inserting ``NCMEC'';
       (C) by striking ``(42 U.S.C. 5773)'' and inserting ``(34 
     U.S.C. 11293)'';
       (D) by striking ``such center'' each place it appears and 
     inserting ``NCMEC''; and
       (E) by striking ``from the effort'' and inserting ``from 
     the efforts'';
       (3) in subsection (b)--
       (A) by striking ``the National Center for Missing and 
     Exploited Children'' and inserting ``NCMEC'';
       (B) by striking ``such center'' and inserting ``NCMEC''; 
     and
       (C) by striking ``(42 U.S.C. 5773)'' and inserting ``(34 
     U.S.C. 11293)''; and
       (4) in subsection (d)--
       (A) in the matter preceding paragraph (1), by striking 
     ``The National Center for Missing and Exploited Children'' 
     and inserting ``NCMEC''; and
       (B) by striking ``image'' each place it appears and 
     inserting ``visual depiction''.

     SEC. 6. DEFINITIONS.

       Section 2258E of title 18, United States Code, is amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) in paragraph (6), by striking the period at the end and 
     inserting a semicolon; and
       (3) by inserting after paragraph (6) the following:
       ``(7) the term `provider' means an electronic communication 
     service provider or remote computing service; and
       ``(8) the term `NCMEC' means the National Center for 
     Missing & Exploited Children.''.
                                 ______