[United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 115-395
115th Congress

An Act


 
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. <>

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

[[Page 5288]]

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:

[[Page 5289]]

``(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.

[[Page 5290]]

``(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 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

[[Page 5291]]

(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

[[Page 5292]]

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

[[Page 5293]]

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''.

[[Page 5294]]

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 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.

[[Page 5295]]

``2258C. Use to combat child pornography of technical elements relating
to reports made to the CyberTipline.
``2258D. Limited liability for NCMEC.''.

Approved December 21, 2018.

LEGISLATIVE HISTORY--S. 3170:
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CONGRESSIONAL RECORD, Vol. 164 (2018):
Sept. 27, considered and passed Senate.
Dec. 12, considered and passed House.