[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

122 STAT. 4224

Public Law 110-400
110th Congress

An Act


 
To require convicted sex offenders to register online identifiers, and
for other purposes. [NOTE: Oct. 13, 2008 -  [S. 431]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress [NOTE: Keeping the Internet Devoid
of Sexual Predators Act of 2008. 42 USC 16901 note.   assembled,
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. [NOTE: 42 USC 16915a.   DIRECTION TO THE ATTORNEY
GENERAL.

(a) [NOTE: Records.   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.--
[NOTE: Procedures.   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

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122 STAT. 4225

(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.
SEC. 3. [NOTE: 42 USC 16915b.   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) [NOTE: Procedures.   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) [NOTE: Notification.   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

[[Page 4226]]
122 STAT. 4226

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.

[[Page 4227]]
122 STAT. 4227

(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.''.

[[Page 4228]]
122 STAT. 4228

(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.

Approved October 13, 2008.

LEGISLATIVE HISTORY--S. 431 (H.R. 719):
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SENATE REPORTS: No. 110-332 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 154 (2008):
May 20, considered and passed Senate.
Sept. 27, considered and passed House, amended.
Sept. 30, Senate concurred in House amendment.