KIDS Act of 2008

A bill to require convicted sex offenders to register online identifiers, and for other purposes.

5/20/2008--Passed Senate amended. Keeping the Internet Devoid of Sexual Predators Act of 2008 or the KIDS Act of 2008 -
(Sec. 2) Amends the Sex Offender Registration and Notification Act to require a convicted sex offender to provide for inclusion in the National Sex Offender Registry any electronic mail address or other designation the sex offender uses or will use for self-identification or routing in Internet communication or posting (online identifiers). Grants the Attorney General authority to specify the time and manner for reporting of other changes in registration information, including additions or changes of online identifiers. Amends the federal criminal code to make it unlawful for any person who is required to register as a convicted sex offender to knowingly fail to provide online identifiers for inclusion in a sex offender registry. Imposes a fine and/or prison term of up to 10 years for violations.
Amends the Adam Walsh Child Protection and Safety Act of 2006 to expand the directive of the U.S. Sentencing Commission to promulgate sentencing guidelines for failure of a convicted sex offender to register in the National Sex Offender Registry to include failure to provide online identifiers.

(Sec. 3) Requires jurisdictions that maintain information about sex offenders to exempt from public disclosure any electronic mail address or designation used for self-identification or routing in Internet communication or posting.
Requires the Attorney General to maintain a system available to social networking websites that permits the automated comparison of online identifiers in such websites to information contained in or derived from sex offender registries for the purpose of protecting the safety of users of such websites. Allows the Attorney General to control the number of searches allowed to a social networking website and to deny, suspend, or terminate the use of such system by a website. Prohibits the Attorney General and social networking websites from releasing online identifiers to the public. Exempts a commercial social networking website from civil claims in federal or state court arising from:
(1) use of the National Sex Offender Registry unless such website engages in actual malice, intentional misconduct, or reckless disregard to a substantial risk of causing injury without legal justification; and
(2) any decision not to compare its database with the online identifiers contained in the National Sex Offender Registry.

(Sec. 5) Imposes a fine and prison term of up to 20 years for intentional misrepresentation of age using the Internet or the mail for the purpose of coercing or enticing individuals, including minors, to engage in prostitution or other illicit sexual behavior.

(Sec. 6) Defines "possess" with respect to crimes of child sexual exploitation and child pornography to include accessing by computer visual depictions of child pornography with the intent to view.
(Sec. 7) Expands the jurisdictional bases for prosecutions of child sexual exploitation and child pornography crimes to include activities occurring in, affecting, or using any means or facility of, interstate or foreign commerce.


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Sponsor

• Sen. Charles Schumer [D, NY]
• and 20 Co-Sponsors
  • Sen. Benjamin Cardin [D, MD]
  • Sen. Hillary Clinton [D, NY]
  • Sen. John Cornyn [R, TX]
  • Sen. Michael Crapo [R, ID]
  • Sen. Dianne Feinstein [D, CA]
  • Sen. Charles Grassley [R, IA]
  • Sen. Kay Hutchison [R, TX]
  • Sen. Tim Johnson [D, SD]
  • Sen. John Kerry [D, MA]
  • Sen. Amy Klobuchar [D, MN]
  • Sen. Jon Kyl [R, AZ]
  • Sen. Mary Landrieu [D, LA]
  • Sen. Patrick Leahy [D, VT]
  • Sen. Joseph Lieberman [I, CT]
  • Sen. John McCain [R, AZ]
  • Sen. Barack Obama [D, IL]
  • Sen. Olympia Snowe [R, ME]
  • Sen. Arlen Specter [R, PA]
  • Sen. Ted Stevens [R, AK]
  • Sen. David Vitter [R, LA]
  close

Committees

• Senate Judiciary

Amendments

This bill has 1 amendments. See All AmendmentsHide All Amendments

Amendments to S.431

Number	Status	Purpose
S.Amdt.4798	Pass	To improve the bill.

Bill Status

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Introduced		Voted on by Senate		Voted on by House		Considered By President		Bill Becomes Law
January 30, 2007		May 20, 2008

Show All Actions (14 actions)Hide Actions

All Bill Actions

• May 21, 2008: Held at the desk.
• May 21, 2008: Received in the House.
• May 21, 2008: Message on Senate action sent to the House.
• Passed by Unanimous Consent in the Senate on May 20, 2008. Passed Senate with amendments by Unanimous Consent.
• May 20, 2008: Measure laid before Senate by unanimous consent.
• Apr 28, 2008: By Senator Leahy from Committee on the Judiciary filed written report. Report No. 110-332.
• Added to calendar on Apr 22, 2008: Placed on Senate Legislative Calendar under General Orders. Calendar No. 706..
• Apr 22, 2008: Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report.
• Dec 13, 2007: Committee on the Judiciary. Ordered to be reported with amendments favorably.
• Dec 13, 2007: Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
• Dec 13, 2007: Committee on the Judiciary. Date of scheduled hearing. SD-226. 10:00 a.m.
• Dec 06, 2007: Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
• Jan 30, 2007: Read twice and referred to the Committee on the Judiciary.
• Introduced on Jan 30, 2007.

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Related Bills:

• H.R.719

Related Issue Areas:

• Criminal justice
• Business
• Business records
• Child sexual abuse
• 22 more
• Children
• Civil liberties
• Computer crimes
• Criminal justice information
• Data banks
• Directories
• Electronic mail systems
• Evidence (Law)
• Fines (Penalties)
• Fraud
• Government information
• Government paperwork
• Identification devices
• Internet
• Law
• Liability (Law)
• Right of privacy
• Sex offenders
• Technology
• Telecommunication
• Telecommunication industry
• Web sites

Data from the Congressional Research Service

In the News

April 25, 2008 E-Speech Becoming Semi-Free Speech

In particular, the definition of "commercial social networking website" in S. 431 would include many Internet social network sites, blogs and a growing ...

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Source: Law.com (subscription), CA

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Blog Coverage

June 27, 2008 Interacting with Thomas the Congressional website

eAdvocate S.431 Title: A bill to require convicted sex offenders to register online identifiers, and for other purposes. Sponsor: Sen Schumer, Charles E. [NY] (introduced 1/30/2007) Cosponsors (20) Latest Major Action: 5/21/2008 Held at ...

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Source: Kenneth E George - Justia blawgsearch.com

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May 27, 2008 McCain Commends Senate Passage of Kids Act

today released the following statement commending the unanimous Senate passage last night of S. 431, the "Keeping the Internet Devoid of Sexual-Predators Act of 2007," otherwise known as the KIDS Act. The legislation, introduced by ...

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Source: Mad Irish Man's Conservative Consortium

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April 25, 2008 E-Speech Becoming Semi-Free Speech

US Congress introduced an unprecedented number of bills intended to impose mandates on or limit ... E-mail Registry (S. 431 -- passed by Senate Judiciary Committee) would likely reduce the ability ...

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Source: Inbox Robot: Legislation News

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