[Congressional Record Volume 164, Number 196 (Wednesday, December 12, 2018)]
[House]
[Pages H10153-H10155]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CYBERTIPLINE MODERNIZATION ACT OF 2018
Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that the
Committee on the Judiciary be discharged from further consideration of
the bill (S. 3170) 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, and ask for its immediate consideration in the
House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
The text of the bill is 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 or a
remote computing service'' 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 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 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''; and
(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 a remote
computing service provider'' and inserting ``a provider'';
and
(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
[[Page H10154]]
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 or 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, a remote computing service provider,'' and
inserting ``a provider''; and
(B) by striking ``such electronic communication service
provider, remote computing service provider,'' each place it
appears 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''; and
(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)--
(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
[[Page H10155]]
(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 the matter preceding paragraph (1), by striking
``2258D'' and inserting ``2258E'';
(2) in paragraph (5), by striking ``and'' at the end;
(3) by redesignating paragraph (6) as paragraph (8); and
(4) by inserting after paragraph (5) the following:
``(6) the term `provider' means an electronic communication
service provider or remote computing service;
``(7) the term `NCMEC' means the National Center for
Missing & Exploited Children; and''.
SEC. 7. TECHNICAL AND CONFORMING AMENDMENT.
The table of sections for chapter 110 of title 18, United
States Code, is amended by striking the items relating to
sections 2258A, 2258B, 2258C, and 2258D and inserting the
following:
``2258A. Reporting requirements of providers.
``2258B. Limited liability for providers or domain name registrars.
``2258C. Use to combat child pornography of technical elements relating
to reports made to the CyberTipline.
``2258D. Limited liability for NCMEC.''.
The bill was ordered to be read a third time, was read the third
time, and passed, and a motion to reconsider was laid on the table.
____________________