HR 837 IHCommentsClose CommentsPermalink

To amend title 18, United States Code, to protect youth from exploitation by adults using the Internet, and for other purposes.CommentsClose CommentsPermalink

February 6, 2007

Mr. SMITH of Texas (for himself, Mr. FORBES, Mr. GALLEGLY, Mr. CHABOT, Mr. FEENEY, Mr. FRANKS of Arizona, and Mr. PENCE) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To amend title 18, United States Code, to protect youth from exploitation by adults using the Internet, 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 `Internet Stopping Adults Facilitating the Exploitation of Today's Youth Act (SAFETY) of 2007'.CommentsClose CommentsPermalink

SEC. 2. FINANCIAL FACILITATION OF ACCESS TO CHILD PORNOGRAPHY.

(a) Offense- Chapter 95 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

`Sec. 1960A. Financial facilitation of access to child pornography

`Whoever knowingly conducts, or attempts or conspires to conduct, a financial transaction (as defined in section 1956(c)) in or affecting interstate or foreign commerce, knowing that such transaction will facilitate access to, or the possession of, child pornography (as defined in section 2256) shall be fined under this title or imprisoned not more than 20 years, or both.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 95 of title 18, United States Code, is amended by adding at the end the following new item:CommentsClose CommentsPermalink





`1960A. Financial facilitation of access to child pornography.'.CommentsClose CommentsPermalink

SEC. 3. INTERNET FACILITATION OF CHILD PORNOGRAPHY AND EXPLOITATION OF CHILDREN.

(a) Offense- Chapter 95 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

`Sec. 1960B. Internet facilitation of child pornography and exploitation of children

`(a) Offense- Whoever, being an Internet content hosting provider or email service provider, knowingly engages in any conduct the provider knows or has reason to believe facilitates access to, or the possession of, child pornography (as defined in section 2256) shall be fined under this title or imprisoned not more than 10 years, or both.CommentsClose CommentsPermalink





`(b) Definitions- As used in this section--CommentsClose CommentsPermalink





`(1) the term `Internet content hosting provider' means a service that--CommentsClose CommentsPermalink





`(A) stores, through electromagnetic or other means, electronic data, including the content of web pages, electronic mail, documents, images, audio and video files, online discussion boards, and weblogs; andCommentsClose CommentsPermalink





`(B) makes such data available via the InternetCommentsClose CommentsPermalink





`(2) the term `email service provider' means a person that--CommentsClose CommentsPermalink





`(A) provides a service, using the Internet, for the transmission, receipt, storage, and retrieval, by registered users, of electronic mail messages; andCommentsClose CommentsPermalink





`(B) receives the content of, and recipient list for, electronic mail messages that it transmits, receives, or stores for the person or entity procuring such services.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 95 of title 18, United States Code, is amended by adding at the end the following new item:CommentsClose CommentsPermalink





`1960B. Internet facilitation of child pornography and exploitation of children'.CommentsClose CommentsPermalink

SEC. 4. CHILD PORNOGRAPHY REPORTING.

(a) Child Pornography Reporting- Section 227(b)(4) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032(b)(4)) is amended to read as follows:CommentsClose CommentsPermalink





`(4) FAILURE TO REPORT-CommentsClose CommentsPermalink





`(A) KNOWING FAILURE- A provider of electronic communication services or remote computing services described in paragraph (1) who knowingly fails to make a report under that paragraph shall be fined--CommentsClose CommentsPermalink





`(i) in the case of an initial failure to make a report, not more than $150,000; andCommentsClose CommentsPermalink





`(ii) in the case of any second or subsequent failure to make a report, not more than $300,000.CommentsClose CommentsPermalink





`(B) NEGLIGENT FAILURE- A provider of electronic communication services or remote computing services described in paragraph (1) who negligently fails to make a report under that paragraph shall be subject to a civil penalty of--CommentsClose CommentsPermalink





`(i) in the case of an initial failure to make a report, not more than $50,000; andCommentsClose CommentsPermalink





`(ii) in the case of any second or subsequent failure to make a report, not more than $100,000.CommentsClose CommentsPermalink





`(C) AUTHORITY- For the purposes of this paragraph, the Federal Communications Commission--CommentsClose CommentsPermalink





`(i) may levy civil penalties under subparagraph (B); andCommentsClose CommentsPermalink





`(ii) shall promulgate regulations, in consultation with the Attorney General, to--CommentsClose CommentsPermalink





`(I) effectuate the purposes of subparagraph (B); andCommentsClose CommentsPermalink





`(II) provide for appropriate administrative review of any civil penalties levied under that subparagraph.'.CommentsClose CommentsPermalink

SEC. 5. MONEY LAUNDERING PREDICATE.

Section 1956(c)(7)(D) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting `1466A (relating to obscene visual representation of the abuse of children),' before `section 1708';CommentsClose CommentsPermalink





(2) `1960A (relating to financial facilitation of access to child pornography), 1960B (relating to Internet facilitation of child pornography and exploitation of children),' before `section 2113'; andCommentsClose CommentsPermalink





(3) by inserting `2252A (relating to child pornography), 2260A (relating to increased penalties for registered sex offenders),' before `section 2280'.CommentsClose CommentsPermalink

SEC. 6. RECORD RETENTION REQUIREMENTS FOR INTERNET SERVICE PROVIDERS.

(a) Regulations- Not later than 90 days after the date of the enactment of this section, the Attorney General shall issue regulations governing the retention of records by Internet Service Providers. Such regulations shall, at a minimum, require retention of records, such as the name and address of the subscriber or registered user to whom an Internet Protocol address, user identification or telephone number was assigned, in order to permit compliance with court orders that may require production of such information.CommentsClose CommentsPermalink





(b) Failure To Comply- Whoever knowingly fails to retain any record required under this section shall be fined under title 18, United States Code, and imprisoned for not more than one year, or both.CommentsClose CommentsPermalink

SEC. 7. INCREASED PENALTIES FOR SEXUAL EXPLOITATION OF CHILDREN.

Section 2251(e) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking `15 years nor more than 30 years' and inserting `20 years or for life'; andCommentsClose CommentsPermalink





(2) by striking `not less than 25 years nor more than 50 years,' and all that follows through `not less than 35 years nor more than life.' and inserting `life.'.CommentsClose CommentsPermalink

SEC. 8. INCREASED PENALTIES FOR ACTIVITIES RELATING TO MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF CHILDREN.

Section 2252(b) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking `5 years and not more than 20 years' and inserting `15 years or for life'; andCommentsClose CommentsPermalink





(B) by striking `not less than 15 years nor more than 40 years.' and inserting `life.'; andCommentsClose CommentsPermalink





(2) in paragraph (2)--CommentsClose CommentsPermalink





(A) by striking `or imprisoned not more than 10 years, or both' and inserting `and imprisoned for not less than 3 years nor more than 20 years'; andCommentsClose CommentsPermalink





(B) by striking `10 years nor more than 20 years.' and inserting `20 years or for life.'.CommentsClose CommentsPermalink

SEC. 9. INCREASED PENALTIES FOR ACTIVITIES RELATING TO MATERIAL CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.

Section 2252A(b) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking `5 years and not more than 20 years' and inserting `15 years or for life'; andCommentsClose CommentsPermalink





(B) by striking `not less than 15 years nor more than 40 years' and inserting `life'; andCommentsClose CommentsPermalink





(2) in paragraph (2)--CommentsClose CommentsPermalink





(A) by striking `or imprisoned not more than 10 years, or both' and inserting `and imprisoned for not less than 3 years nor more than 20 years'; andCommentsClose CommentsPermalink





(B) by striking `10 years nor more than 20 years' and inserting `20 years or for life'.CommentsClose CommentsPermalink

SEC. 10. REQUIREMENT TO PLACE WARNING MARKS ON COMMERCIAL WEBSITES CONTAINING SEXUALLY EXPLICIT MATERIAL.

(a) Definitions- In this section--CommentsClose CommentsPermalink





(1) the term `Commission' means the Federal Trade Commission;CommentsClose CommentsPermalink





(2) the term `website' means any collection of material placed in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol or any successor protocol except that the term does not include any collection of material where access to sexually explicit material is restricted to a specific set of individuals through the provision of a password or through another access restriction mechanism;CommentsClose CommentsPermalink





(3) the term `sexually explicit material' means any material that depicts sexually explicit conduct (as that term is defined in subsection (2)(A) of section 2256 of title 18, United States Code), unless the depiction constitutes a small and insignificant part of the whole, the remainder of which is not primarily devoted to sexual matters;CommentsClose CommentsPermalink





(4) the term `Internet' means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol or any successor protocol to transmit information; andCommentsClose CommentsPermalink





(5) the term `Internet access service'--CommentsClose CommentsPermalink





(A) means a service that enables users to access content, information, electronic mail, or other services offered over the Internet, and may also include access to proprietary content, information, and other services as part of a package of services offered to consumers; andCommentsClose CommentsPermalink





(B) does not include telecommunications services.CommentsClose CommentsPermalink





(b) Labeling Requirement- Except as provided in subsection (d), no person who operates a website that is primarily operated for commercial purposes, in or affecting interstate or foreign commerce, may knowingly, and with knowledge of the character of the material, place on that website sexually explicit material, and fail--CommentsClose CommentsPermalink





(1) to include on each page of the website that contains sexually explicit material, the marks and notices prescribed by the Commission under subsection (c); orCommentsClose CommentsPermalink





(2) to ensure that the matter on the website that is initially viewable, absent any further actions by the viewer, does not include any sexually explicit material.CommentsClose CommentsPermalink





(c) Prescription of Marks and Notices- Not later than 90 days after the date of enactment of this Act, the Commission shall, in consultation with the Attorney General, establish by regulation clearly identifiable marks or notices to be included in the code, if technologically feasible, or if not feasible on the pages, of websites that contain sexually explicit material in order to inform the viewer of that fact and to facilitate the filtering of such pages.CommentsClose CommentsPermalink





(d) Inapplicability to Carriers and Other Service Providers- This section shall not apply to a person, to the extent that such person is--CommentsClose CommentsPermalink





(1) a telecommunications carrier engaged in the provision of a telecommunications service;CommentsClose CommentsPermalink





(2) a person engaged in the business of providing an Internet access service; orCommentsClose CommentsPermalink





(3) similarly engaged in the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication made by another person, without selection or alteration of the content of the communication, and such person's deletion of a particular communication or material made by another person in a manner consistent with any applicable law or regulation shall not constitute selection or alteration of the content of the communication.CommentsClose CommentsPermalink





(e) Penalties- Whoever violates subsection (b)--CommentsClose CommentsPermalink





(1) shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both; andCommentsClose CommentsPermalink





(2) shall be fined under title 18, United States Code, and imprisoned for not less than 5 years nor more than 15 years, if such person has a prior conviction under--CommentsClose CommentsPermalink





(A) this section;CommentsClose CommentsPermalink





(B) section 1591 or chapter 71, chapter 109A, chapter 110, or chapter 117 of title 18, United States Code;CommentsClose CommentsPermalink





(C) section 920 of title 10, United States Code, (article 120 of the Uniform Code of Military Justice); orCommentsClose CommentsPermalink





(D) the laws of any State relating to--CommentsClose CommentsPermalink





(i) aggravated sexual abuse, sexual abuse, or abusive sexual contact involving a minor or ward;CommentsClose CommentsPermalink





(ii) the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography; orCommentsClose CommentsPermalink





(iii) sex trafficking of children.CommentsClose CommentsPermalink

SEC. 11. ADDITIONAL RICO PREDICATES.

Section 1961(1) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting `section 641 (relating to embezzlement or theft of public money, property, or records,' after `473 (relating to counterfeiting),'; andCommentsClose CommentsPermalink





(2) by inserting `section 666 (relating to theft or bribery concerning programs receiving Federal funds),' after `section 664 (relating to embezzlement from pension and welfare funds),'.CommentsClose CommentsPermalink

SEC. 12. ADDITIONAL RESOURCES FOR THE INNOCENT IMAGES NATIONAL INITIATIVE.

(a) Authorization of Appropriations- There are authorized to be appropriated to the Director of the Federal Bureau of Investigation to carry out the Innocent Images National Initiative, $30,000,000 for each of the fiscal years 2008 through 2012.CommentsClose CommentsPermalink





(b) Availability- Any amounts appropriated pursuant to subsection (a) shall remain available until expended.CommentsClose CommentsPermalink