HR 3850 IHCommentsClose CommentsPermalink

To improve the collection and use of data related to crimes of child exploitation, and for other purposes.CommentsClose CommentsPermalink

October 16, 2007

Mr. CARNEY (for himself and Mr. CHABOT) introduced the following bill; which was referred to the Committee on Education and LaborCommentsClose CommentsPermalink

To improve the collection and use of data related to crimes of child exploitation, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Responsible and Effective Solutions for Children Using and Entering Online Services Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. DATA RELATING TO CRIMES OF CHILD EXPLOITATION.

Section 227(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032(b)) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;CommentsClose CommentsPermalink





(2) by inserting after paragraph (2) the following new paragraph:CommentsClose CommentsPermalink





`(3) CONTENTS OF REPORT-CommentsClose CommentsPermalink





`(A) A provider of electronic communication services or remote computing services described in paragraph (1) who makes a report under that paragraph shall, to the extent possible, include in such report information related to the facts and circumstances of such report that is reasonably available to the provider, and that the provider considers to be reliable information, which may include--CommentsClose CommentsPermalink





`(i) any identifying information of the person who is the subject of the report, including--CommentsClose CommentsPermalink





`(I) a user identification or other online identifier;CommentsClose CommentsPermalink





`(II) an electronic mail address;CommentsClose CommentsPermalink





`(III) a website address; orCommentsClose CommentsPermalink





`(IV) a uniform resource locator;CommentsClose CommentsPermalink





`(ii) information pertaining to the geographic location of the person, website, or URL involved in the alleged incident, which may include--CommentsClose CommentsPermalink





`(I) street address;CommentsClose CommentsPermalink





`(II) telephone number;CommentsClose CommentsPermalink





`(III) area code;CommentsClose CommentsPermalink





`(IV) ZIP code; orCommentsClose CommentsPermalink





`(V) Internet Protocol address;CommentsClose CommentsPermalink





`(iii) any image of apparent child pornography that is the subject of the report;CommentsClose CommentsPermalink





`(iv) the dates and times of the incident of apparent child pornography, which may include when images were uploaded, transmitted, reported, or discovered; andCommentsClose CommentsPermalink





`(v) if not registered with the National Center for Missing and Exploited Children, accurate contact information for such provider, including address, telephone number, facsimile number, electronic mail address, and an individual point of contact for such provider.CommentsClose CommentsPermalink





`(B) A provider of electronic communication services or remote computing services who makes a report under paragraph (1) and provides information in good faith compliance shall not be considered in violation of this section.';CommentsClose CommentsPermalink





(3) by amending paragraph (4) (as so redesignated by paragraph (1) of this subsection) to read as follows:CommentsClose CommentsPermalink





`(4) STATE, LOCAL, AND INTERNATIONAL REFERRALS- In addition to forwarding such reports to those agencies designated in paragraph (2), the National Center for Missing and Exploited Children is authorized to forward any such report to an appropriate official of a State or subdivision of a State for the purpose of enforcing State criminal law, or to an appropriate official of a foreign law enforcement agency that--CommentsClose CommentsPermalink





`(A) is willing to reciprocally refer such reports to law enforcement authorities in the United States;CommentsClose CommentsPermalink





`(B) is a signatory to the Council of Europe Convention on Cybercrime or a Mutual Legal Assistance Treaty with the United States;CommentsClose CommentsPermalink





`(C) has set forth a legal basis to use the materials for purposes of investigating, or engaging in enforcement proceedings related to, possible violations of foreign laws related to child pornography and child exploitation similar to practices prohibited by sections 2251, 2251A, 2252, 2252A, 2252B, or 2260 of title 18, United States Code, involving child pornography (as defined in section 2256 of that title), or 1466A of that title;CommentsClose CommentsPermalink





`(D) has set forth a bona fide legal basis for the foreign law enforcement agency's authority to maintain the material in confidence; andCommentsClose CommentsPermalink





`(E) is not from a foreign state that the Secretary of State has determined, in accordance with section 6(i) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(i)), has repeatedly provided support for acts of international terrorism, unless and until such determination is rescinded pursuant to section 6(i)(4) of that Act (50 U.S.C. App. 2405(i)(4)).'; andCommentsClose CommentsPermalink





(4) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(6) DUTY TO PRESERVE EVIDENCE- The Attorney General shall designate necessary staff members, as specified by the Attorney General, who are assigned to work full-time at the National Center for Missing and Exploited Children on reports of child pornography to have responsibility for issuing preservation requests under section 2703(f) of title 18, United States Code, to a provider of electronic communication services or remote computing services to preserve any records or other information related to the facts or circumstances used by such provider to make a report under paragraph (1) which has been referred for investigation to an Internet Crimes Against Children Task Force in the jurisdiction of such law enfocement agency. Such preservation request may be issued related to--CommentsClose CommentsPermalink





`(A) a report to the Cyber Tip Line made by a provider of electronic communication services or remote computing services pursuant to paragraph (1); orCommentsClose CommentsPermalink





`(B) a report to the Cyber Tip Line made by a member of the public or a provider of electronic communication services or remote computing services, if the circumstances are such that the provider of electronic communication services or remote computing services reasonably believes that an emergency involving the immediate danger or serious physical injury to any child justifies preservation.'.CommentsClose CommentsPermalink

SEC. 3. ENHANCED IMMUNITY TO ENCOURAGE REPORTING BY PROVIDERS.

Section 227(c) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032(c)) is amended to read as follows:CommentsClose CommentsPermalink





`(c) Limited Liability- No civil claim or criminal charge may be brought in Federal or State court against any provider of electronic communication services or remote computer services on account of any action taken in good faith by such provider to comply with or pursuant to this section.'.CommentsClose CommentsPermalink

SEC. 4. USE OF INFORMATION BY THE NCMEC.

Section 227(f) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032(f)) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraph (2) as paragraph (3); andCommentsClose CommentsPermalink





(2) by inserting after paragaph (1) the following new paragraph:CommentsClose CommentsPermalink





`(2) USE OF INFORMATION TO COMBAT CHILD PORNOGRAPHY- The National Center for Missing and Exploited Children is authorized to provide elements relating to any image, including the image itself, or other relevant information reported to its Cyber Tipline in accordance with this section, to any provider of electronic communication services or remote computing services for the purposes described in subparagraphs (A) and (B), if such provider provides an assurance that such elements shall be used by the provider only for the following purposes:CommentsClose CommentsPermalink





`(A) To permit such provider to stop the further transmission of child pornography images.CommentsClose CommentsPermalink





`(B) To develop technologies to prevent and detect child pornography.CommentsClose CommentsPermalink





`(C) To develop industry best practices related to the prevention and detection of child pornography.'.CommentsClose CommentsPermalink

SEC. 5. ADDITIONAL PROVISIONS.

Section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032(c)) is further amended by adding at the end the following new subsections:CommentsClose CommentsPermalink





`(h) State Preemption- Any law, regulation, provision, or action of any State that requires any person to notify another person, governmental agency, or other entity regarding images of child pornography or of child sexual exploitation displayed or transmitted on the Internet, or under which liability is imposed on any person for failure to notify another person, a governmental agency, or other entity regarding such images shall be preempted.CommentsClose CommentsPermalink





`(i) Reports to Congress-CommentsClose CommentsPermalink





`(1) ANNUAL REPORT BY THE ATTORNEY GENERAL- The Attorney General of the United States shall submit to Congress, and make publicly available on the website of the Department of Justice, an annual report containing--CommentsClose CommentsPermalink





`(A) the number of--CommentsClose CommentsPermalink





`(i) investigations by Federal, State, and local law enforcement agencies of crimes of sexual exploitation against children that are initiated by a report made to the National Center for Missing and Exploited Children under subsection (b)(1);CommentsClose CommentsPermalink





`(ii) prosecutions resulting from investigations by Federal, State, and local law enforcement agencies of crimes of sexual exploitation against children initiated by such a report;CommentsClose CommentsPermalink





`(iii) convictions resulting from prosecutions by Federal, State, and local authorities of crimes of sexual exploitation against children initiated by such a report; andCommentsClose CommentsPermalink





`(iv) convictions of repeat offenders initiated by such a report;CommentsClose CommentsPermalink





`(B) descriptions of sentences given to persons convicted as a result of investigations initiated by such a report;CommentsClose CommentsPermalink





`(C) the length of time between initiation and completion of investigations, prosecutions, and convictions initiated by such a report;CommentsClose CommentsPermalink





`(D) the results of investigation initiated by such a report, including whether a closed investigation was reopened, the reasons an investigation was reopened (if applicable), and the ultimate result of the investigation.CommentsClose CommentsPermalink





`(2) ANNUAL VERIFICATION REPORT BY THE INSPECTOR GENERAL- The Inspector General of the Department of Justice shall submit to Congress, and make publicly available on the website of the Department of Justice, an independent verification of the report submitted by the Attorney General in accordance with paragraph (1).'.CommentsClose CommentsPermalink

SEC. 6. EFFECTIVE DATE.

This Act, and the amendments made by this Act, shall take effect 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink