[Congressional Record (Bound Edition), Volume 154 (2008), Part 17]
[Senate]
[Pages 23462-23464]
[From the U.S. Government Publishing Office, www.gpo.gov]




                            KIDS ACT OF 2008

  Mr. SALAZAR. Mr. President, I ask unanimous consent that the Chair 
lay before the Senate a message from the House to accompany S. 431.
  There being no objection, the Presiding Officer laid before the 
Senate the following message from the House of Representatives:

       Resolved, That the bill from the Senate (S. 431) entitled 
     ``An Act to require convicted sex offenders to register 
     online identifiers, and for other purposes,'' do pass with an 
     amendment to strike out all after the enacting clause and 
     insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Keeping the Internet Devoid 
     of Sexual Predators Act of 2008'' or the ``KIDS Act of 
     2008''.

     SEC. 2. DIRECTION TO THE ATTORNEY GENERAL.

       (a) Requirement That Sex Offenders Provide Certain Internet 
     Related Information to Sex Offender Registries.--The Attorney 
     General, using the authority provided in section 114(a)(7) of 
     the Sex Offender Registration and Notification Act, shall 
     require that each sex offender provide to the sex offender 
     registry those Internet identifiers the sex offender uses or 
     will use of any type that the Attorney General determines to 
     be appropriate under that Act. These records of Internet 
     identifiers shall be subject to the Privacy Act (5 U.S.C. 
     552a) to the same extent as the other records in the National 
     Sex Offender Registry.
       (b) Timeliness of Reporting of Information.--The Attorney 
     General, using the authority provided in section 112(b) of 
     the Sex Offender Registration and Notification Act, shall 
     specify the time and manner for keeping current information 
     required to be provided under this section.
       (c) Nondisclosure to General Public.--The Attorney General, 
     using the authority provided in section 118(b)(4) of the Sex 
     Offender Registration and Notification Act, shall exempt from 
     disclosure all information provided by a sex offender under 
     subsection (a).
       (d) Notice to Sex Offenders of New Requirements.--The 
     Attorney General shall ensure that procedures are in place to 
     notify each sex offender of changes in requirements that 
     apply to that sex offender as a result of the implementation 
     of this section.
       (e) Definitions.--
       (1) Of ``social networking website''.--As used in this Act, 
     the term ``social networking website''--
       (A) means an Internet website--
       (i) that allows users, through the creation of web pages or 
     profiles or by other means, to provide information about 
     themselves that is available to the public or to other users; 
     and
       (ii) that offers a mechanism for communication with other 
     users where such users are likely to include a substantial 
     number of minors; and
       (iii) whose primary purpose is to facilitate online social 
     interactions; and
       (B) includes any contractors or agents used by the website 
     to act on behalf of the website in carrying out the purposes 
     of this Act.
       (2) Of ``internet identifiers''.--As used in this Act, the 
     term ``Internet identifiers'' means electronic mail addresses 
     and other designations used for self-identification or 
     routing in Internet communication or posting.
       (3) Other terms.--A term defined for the purposes of the 
     Sex Offender Registration and Notification Act has the same 
     meaning in this Act.

[[Page 23463]]



     SEC. 3. CHECKING SYSTEM FOR SOCIAL NETWORKING WEBSITES.

       (a) In General.--
       (1) Secure system for comparisons.--The Attorney General 
     shall establish and maintain a secure system that permits 
     social networking websites to compare the information 
     contained in the National Sex Offender Registry with the 
     Internet identifiers of users of the social networking 
     websites, and view only those Internet identifiers that 
     match. The system--
       (A) shall not require or permit any social networking 
     website to transmit Internet identifiers of its users to the 
     operator of the system, and
       (B) shall use secure procedures that preserve the secrecy 
     of the information made available by the Attorney General, 
     including protection measures that render the Internet 
     identifiers and other data elements indecipherable.
       (2) Provision of information relating to identity.--Upon 
     receiving a matched Internet identifier, the social 
     networking website may make a request of the Attorney General 
     for, and the Attorney General shall provide promptly, 
     information related to the identity of the individual that 
     has registered the matched Internet identifier. This 
     information is limited to the name, sex, resident address, 
     photograph, and physical description.
       (b) Qualification for Use of System.--A social networking 
     website seeking to use the system shall submit an application 
     to the Attorney General which provides--
       (1) the name and legal status of the website;
       (2) the contact information for the website;
       (3) a description of the nature and operations of the 
     website;
       (4) a statement explaining why the website seeks to use the 
     system;
       (5) a description of policies and procedures to ensure 
     that--
       (A) any individual who is denied access to that website on 
     the basis of information obtained through the system is 
     promptly notified of the basis for the denial and has the 
     ability to challenge the denial of access; and
       (B) if the social networking website finds that information 
     is inaccurate, incomplete, or cannot be verified, the site 
     immediately notifies the appropriate State registry and the 
     Department of Justice, so that they may delete or correct 
     that information in the respective State and national 
     databases;
       (6) the identity and address of, and contact information 
     for, any contractor that will be used by the social 
     networking website to use the system; and
       (7) such other information or attestations as the Attorney 
     General may require to ensure that the website will use the 
     system--
       (A) to protect the safety of the users of such website; and
       (B) for the limited purpose of making the automated 
     comparison described in subsection (a).
       (c) Searches Against the System.--
       (1) Frequency of use of the system.--A social networking 
     website approved by the Attorney General to use the system 
     may conduct searches under the system as frequently as the 
     Attorney General may allow.
       (2) Authority of attorney general to suspend use.--The 
     Attorney General may deny, suspend, or terminate use of the 
     system by a social networking website that--
       (A) provides false information in its application for use 
     of the system;
       (B) may be using or seeks to use the system for any 
     unlawful or improper purpose;
       (C) fails to comply with the procedures required under 
     subsection (b)(5); or
       (D) uses information obtained from the system in any way 
     that is inconsistent with the purposes of this Act.
       (3) Limitation on release of internet identifiers.--
       (A) No public release.--Neither the Attorney General nor a 
     social networking website approved to use the system may 
     release to the public any list of the Internet identifiers of 
     sex offenders contained in the system.
       (B) Additional limitations.--The Attorney General shall 
     limit the release of information obtained through the use of 
     the system established under subsection (a) by social 
     networking websites approved to use such system.
       (C) Strict adherence to limitation.--The use of the system 
     established under subsection (a) by a social networking 
     website shall be conditioned on the website's agreement to 
     observe the limitations required under this paragraph.
       (D) Rule of construction.--This subsection shall not be 
     construed to limit the authority of the Attorney General 
     under any other provision of law to conduct or to allow 
     searches or checks against sex offender registration 
     information.
       (4) Payment of fee.--A social networking website approved 
     to use the system shall pay any fee established by the 
     Attorney General for use of the system.
       (5) Limitation on liability.--
       (A) In general.--A civil claim against a social networking 
     website, including any director, officer, employee, parent, 
     contractor, or agent of that social networking website, 
     arising from the use by such website of the National Sex 
     Offender Registry, may not be brought in any Federal or State 
     court.
       (B) Intentional, reckless, or other misconduct.--
     Subparagraph (A) does not apply to a claim if the social 
     networking website, or a director, officer, employee, parent, 
     contractor, or agent of that social networking website--
       (i) engaged in intentional misconduct; or
       (ii) acted, or failed to act--

       (I) with actual malice;
       (II) with reckless disregard to a substantial risk of 
     causing injury without legal justification; or
       (III) for a purpose unrelated to the performance of any 
     responsibility or function described in paragraph (3).

       (C) Minimizing access.--A social networking website shall 
     minimize the number of employees that are provided access to 
     the Internet identifiers for which a match has been found 
     through the system.
       (6) Rule of construction.--Nothing in this section shall be 
     construed to require any Internet website, including a social 
     networking website, to use the system, and no Federal or 
     State liability, or any other actionable adverse consequence, 
     shall be imposed on such website based on its decision not to 
     do so.

     SEC. 4. MODIFICATION OF MINIMUM STANDARDS REQUIRED FOR 
                   ELECTRONIC MONITORING UNITS USED IN SEXUAL 
                   OFFENDER MONITORING PILOT PROGRAM.

       (a) In General.--Subparagraph (C) of section 621(a)(1) of 
     the Adam Walsh Child Protection and Safety Act of 2006 (42 
     U.S.C. 16981(a)(1)) is amended to read as follows:
       ``(C) Minimum standards.--The electronic monitoring units 
     used in the pilot program shall at a minimum--
       ``(i) provide a tracking device for each offender that 
     contains a central processing unit with global positioning 
     system; and
       ``(ii) permit continuous monitoring of offenders 24 hours a 
     day.''.
       (b) Effective Date.-- The amendment made by subsection (a) 
     shall apply to grants provided on or after the date of the 
     enactment of this Act.

  Mr. SCHUMER. Mr. President, I rise today to address a pressing issue 
that deserves our immediate attention: the improved protection of 
children on the Internet. That is why, at the beginning of this 
Congress, I authored and introduced S. 431, the Keeping the Internet 
Devoid of Sexual Predators, or KIDS, Act.
  The increasing popularity of social networking Web sites and their 
ready availability to children has made these sites potential hotbeds 
for sexual predators, who can easily camouflage themselves amidst the 
throng of users on these sites, while furtively pursuing their own 
despicable designs. In the 21st century, just as we protect children in 
our physical neighborhoods, we must protect them in our online 
communities as well. The KIDS Act, S. 431, is a bipartisan bill that 
does just that.
  The KIDS Act requires convicted sex offenders to register their e-
mail addresses, instant message names, and all other Internet 
identifiers with the National Sex Offender Registry. The Department of 
Justice, DOJ, would then make this information, on a qualified basis, 
available to social networking sites to compare the catalogued 
identifiers with those of their users. And it will do so in a way that 
carefully preserves the privacy of the users of any such Web site.
  The Sex Offender Registration and Notification Act, SORNA, passed as 
part of the Adam Walsh Act, granted the Attorney General the authority 
to require the registration of certain identifying information, 42 
U.S.C. 16914(a). While DOJ recently exercised its authority to collect 
``other information required'' to issue final rules concerning the 
collection and release of Internet identifiers, this legislation 
permanently mandates that certain Internet identifier information be 
required in the registration process.
  The amended bill continues to exempt Internet identifiers from public 
disclosure by States or DOJ.
  The amended legislation requires the Attorney General to ensure that 
there are procedures in place to notify sex offenders of changes in 
requirements.
  The legislation clarifies the definition of ``social networking 
site'' to assure that access to Internet identifiers is targeted to the 
bill's purpose of protecting children from solicitation by sex 
offenders on social networking sites. Sites may obtain information from 
DOJ only if they are focused on social interaction and their users 
include a significant number of minors. A ``significant number'' of 
minors, of course, clearly does not mean that the majority of users, or 
even a substantial minority, must be minors to qualify a Web site to 
participate, nor does it mean any particular quantity. The intent here 
is simply to permit the participation of any Web site that draws many 
minors; otherwise the law's purpose and effectiveness would be 
undermined.
  As amended, the bill further allows social networking sites to employ 
contractors to assist with the checking

[[Page 23464]]

process, but intends that these contractors will be subject to the same 
requirements that protect privacy interests.
  The legislation still sets out a system for checking Internet 
identifiers and includes more robust privacy protections. Web sites may 
obtain a list of offenders' Internet identifiers from DOJ but only in a 
protected and secure form. Only after making a match can the Web site 
view the Internet identifier in unprotected form and request specific 
additional items of personal information about the registered sex 
offender. Web sites will require this additional information in order 
to ensure that people who are not registered offenders are not wrongly 
blocked from using their Web sites.
  Moreover, as a qualification for the use of the checking system, 
social networking Web sites must provide the Attorney General a 
description of policies and procedures for protecting all shared 
information and policies for allowing users the ability to challenge 
their denial of access. This mechanism seeks to ensure a process to 
identify and remove false positives from sex offender registries. If a 
Web site discovers incorrect information, the Web site is required to 
inform DOJ and the State registry so that they can correct the 
information.
  There is now a new section modifying minimum standards required for 
electronic monitoring units used in the sexual offender monitoring 
pilot program established under the Adam Walsh Act. DOJ agrees that 
this change is needed. This will open up program participation to many 
more States and companies.
  The legislation no longer includes the stand-alone criminal offense 
for knowing failure to register an Internet identifier. That provision 
was deemed unnecessary because existing law clearly criminalizes the 
failure to register information that the Attorney General requires 
convicted sex offenders to register under SORNA. The KIDS Act, relying 
on section 114(a)(7) of SORNA, specifically mandates that this required 
information include Internet identifiers. Thus, under the existing 
SORNA framework, as enhanced by the KIDS Act, failure to register 
Internet identifiers as required will be treated as any other 
registration violation punishable under 18 USC Sec. 2250(a)(3).
  This bill represents a vital step toward giving both law enforcement 
and businesses the tools they need to protect children from online 
sexual predators and toward making the Internet a safer place for 
children to communicate with their peers.
  The use of the Internet as a communications tool will continue to 
expand, and it is important that we put safeguards in place, so that 
our children can continue to benefit from advances in communications 
technology without putting them in harm's way.
  I thank the National Center for Missing and Exploited Children, 
NCMEC, MySpace, Facebook, Enough is Enough, RAINN, the American Family 
Association, the National Association of School Resource Officers, and 
the American Association of Christian Schools for endorsing the KIDS 
Act. I thank my colleagues for their support of this important bill and 
urge the President to sign it quickly into law.
  Mr. SALAZAR. I ask unanimous consent that the Senate concur in the 
House amendment; the motion to reconsider be laid upon the table, with 
no intervening action or debate; and any statements related to the bill 
be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________