S 431
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 `Keeping the Internet Devoid of Sexual Predators Act of 200
SEC. 2. REGISTRATION OF ONLINE IDENTIFIERS OF SEX OFFENDERS.
(a) In General- Section 114(a) of the Sex Offender Registration and Notification Act (
(1) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8); and
(2) by inserting after paragraph (3) the following:
`(4) Any electronic mail address
, instant message address, or other designation the sex offender uses or will use for self-identification or routingan in Internet communication or posting.'.
(b) Updating of Information- Section 113(c) of the Sex Offender Registration and Notification Act (
(c) Failure To Register Online Identifiers- Section 2250 of title 18, United States Code, is amended--
(1) in subsection (b), by inserting `or (d)' after `subsection (a)'; and
(2) by adding at the end the following:
`(d) Knowing Failure To Register Online Identifiers-
Whoever--
`
IN GENERAL- It shall be unlawful for any person who (1) is required to register under the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.)to ; and
knowingly `(2) uses fail to provide an electronic mail mail address [Struck out->]address, instant message address, or other similar Internet identifier used by that person to communicate over the Internet [<-Struck out] address, instant message address, orany other designation used for self-identification or routingan in Internet communication or postingthe to which for inclusion in appropriate official individual knowingly failed to provide sex offender registry the a , as required under that Act. ;
(d) Conforming Amendment; Directive to United States Sentencing Commission- Section 141(b) of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248; 120 Stat. 602) is amended by striking `offense specified in subsection (a)' and inserting `offenses specified in subsections (a) and (d) of section 2250 of title 18, United States Code'.
SEC. 3. RELEASE CHECKING OF ELECTRONIC MAIL ADDRESSES, INSTANT MESSAGE ADDRESSES, OR OTHER SIMILAR INTERNET IDENTIFIERS ONLINE IDENTIFIERS AGAINST SEX OFFENDER REGISTRATION INFORMATION .
(a) Public Access- Section 118(b) of the Sex Offender Registration and Notification Act (
(1) in paragraph (3), by striking `and' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
`(4) any electronic mail address
, instant message address, orused other similar Internet identifier designation ; and'. by the sex offender for self-identification or routing in Internet communication or posting
(b)
`(
Social Networking Website c) Release of Electronic Mail Addresses, Instant Message Addresses, or Other Similar Internet Identifiers to Commercial d) Checking System for s -
`(1) IN GENERAL- The Attorney General shall maintain a system a
social networking website llowing a commercial vailable to the to compare s that permits of database automated comparison s registered user lists or database that commercial social networking website to oflist of the electronic mail addresses, instant message addresses, and otherInternet similar designations used for self-identification or routing in identifiers communication or posting persons in of the. National Sex Offender Registry registered users of such websites, to the corresponding information contained in or derived from sex offender registries `(2)
FOR PROCESS QUALIFICATION SE OF RELEA U - ELECTRONIC MAIL ADDRESSES, INSTANT MESSAGE ADDRESSES, OR OTHER SIMILAR INTERNET IDENTIFIERS SYSTEM commercial A social networking websiteto desiring to compare its database of registered users seeking use theshall list of electronic mail addresses, instant messages, and other similar Internet identifiers of persons in the National Sex Offender Registry system established under paragraph (1) to the Attorney General provide submit an application which provides --
`(A) the name
, address, andof telephone number legal status commercial social networking the website;`(B) the
specific legal nature and corporate status of contact information for commercial social networking the website;`(C) a
the n affirmation signed by description of of the chief legal officer nature and operations commercial social networking website;
`(D) a statement explaining why the websitethe that seeks to use system; and
`(E) such other information obtained from r attestations as the Attorney General may require to ensure database shall not be disclosed for any purpose other than for comparing that thedatabase website will use the system--
`(i) to protect the safety ofusers of registered the that commercial such website; and `(ii) not for any unlawful or improper purpose.
`(3) SEARCHES AGAINST THE SYSTEM-
`(A) IN GENERAL- A social networking website athe gainst pproved to use list of electronic mail addresses, instant message addresses, and other similar Internet identifiers of persons in system established under paragraph (1) shall--
`(i) submit National Sex Offender Registry to protect [Struck out->]children [<-Struck out] individuals from online sexual predators and that disclosure of this the informationbe for purposes other than those under this section may to unlawful; and compared in `(D) the name, address, and telephone number of as for natural person who consents to service of proces form satisfying the technical requirement searches against thecommercial social networking website. system; and
any fee established by the Attorney General `(3) USE OF DATABASE- After a commercial social networking website has complied with paragraph (2) and paid `(ii) pay the , for use of commercial system.
`(B) FREQUENCY OF USE OF THE SYSTEM- A social networking websiteto may screen new users or compare its database of registered users approved by the Attorney General use thethe list of electronic mail addresses, instant message addresses, and other similar Internet identifiers of persons in system established under paragraph (1) may conduct searches under as frequently as the Attorney General may allow National Sex Offender Registry system for the purpo .
`(C) AUTHORITY OF AG TO SUSPEND USE- The Attorney General may deny, suspend, or terminate u se ofa identifying the system by registered user associated with an electronic mail address, instant message address, or other similar Internet identifier contained social networking website that--
`(i) provides false information inits application for use of theNational Sex Offender Registry system; or
`(ii) may be using or seeks to use the system for any unlawful or improper purpose .`(4) LIMITATION ON RELEASE OF INTERNET IDENTIFIERS-
the Attorney General Except as explicitly provided for in this section or for a necessary law enforcement purpose, `(A) NO PUBLIC RELEASE- Neither e the may not authoriz nor a social networking website approved to us system established under paragraph (1) may releaseany or dissemination of to the public list of the e-mail addresses or other designations used for self-identification or routing in Internetcontained in the identifier communication or posting of sex offenders National Sex Offender Registry. system. `(B) ADDITIONAL LIMITATIONS- The Attorney General shall limit the release of information obtained through the use of the system established under paragraph (1) by social networking websites approved to use such system.
`(C) STRICT ADHERENCE TO LIMITATION- The use of the system established under paragraph (1) 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.
`(5) LIMITATION ON LIABILITY-
`(A) IN GENERAL- A civil claim against
commercial a social networking website, including any director, officer, employee,parent, or agent ofcommercial 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.`(B) INTENTIONAL, RECKLESS, OR OTHER MISCONDUCT- Subsection (a) shall not apply to a claim if
commercial the social networking website, or a director, officer, employee, or agent ofcommercial 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) ORDINARY BUSINESS ACTIVITIES- Subsection (a) shall not apply to an act or omission to act relating to an ordinary business activity of
commercial any social networking website, including to any acts related to the general administration or operations of such website, the use of motor vehicles by employees or agents of such website, or any personnel management decisions of such websites.`(D) MINIMIZING ACCESS-
commercial A social networking website shall minimize the number of employees that are provided access to the listof electronic mailinstant message addresses, addresses, and otherInternet similar designations used for self-identification or routing in identifier communication or posting by s of persons in the National Sex Offender Registry.`(6) RULE OF CONSTRUCTION- Nothing is this section shall be construed to require any Internet website, including
commercial a social networking website, to compare its database of registered users with the list of electronic mail addresses, instant message addresses, and otherInternet similar designations used for self-identification or routing in persons in the National Sex Offender Registry, and no Federal or State liability, or any other actionable adverse consequence, shall be imposed on such website based on its decision not to compare its database with such list.'. identifiers of communication or posting by
SEC. 4. DEFINITIONS.
Section 111 of the Sex Offender Registration and Notification Act (
`(15) The
commercial term `social networking website' means aInternet website that-- commercially operated n
`(A) allows users, through the creation of web pages or profiles or by other means, to provide information about themselves that is available publicly or to other users; and
`(B) offers a mechanism for communication with
users, such as a forum, chat room, electronic mail, or instant messenger.`(16) The term `chat room' means any Internet service through which a number of users can communicate in real time so that communications are almost immediately available to all other users or to a designated segment of all other other users.`(1
) The term `Internet' has the meaning given that term in section 1101 of the Internet Tax Freedom Act ( 7 6 47 U.S.C. 151 note).`(1
) The term `electronic mail address' has the meaning given that term in section 3 of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 ( 8 7 15 U.S.C. 7702 ).`(19) The term `instant message address' means an identifier that allows a person to [Struck out->]communication [<-Struck out] communicate in real-time with another person using the Internet. '.
SEC. 5. CRIMINALIZATION OF AGE MISREPRESENTATION IN CONNECTION WITH ONLINE SOLICITATION OF A MINOR.
Section 2
`(c)
of Age Misrepresentation knowingly misrepresents his or her age Misrepresentation- Any person 18 years or older who Age- Whoever the Internet with the intent to use using , to operate a facility, by mail, by or any otherfacility or means of interstate or foreignto engage in criminal sexual conduct involving a minor who is at least 4 years younger than the person engaging in such conduct, commerce orthe mail, with the intent to for acilitate urther , shall be fined under this title and attempt such conduct facilitate a violation of this section for imprisoned not more than 20 years.shall be in addition Such penalty A sentence imposed under this subsection and consecutive to anyfor the penalty pursuant to the laws of any jurisdiction sentence imposed the crime of using offense to f Internet to engage in criminal sexual conduct involving a minor, or age misrepresentation was intended or acilitate urther .'. attempt such conduct facilitate
SEC. 6. KNOWINGLY ACCESSING CHILD PORNOGRAPHY WITH THE INTENT TO WATCH VIEW CHILD PORNOGRAPHY.
(a) Materials Involving Sexual Exploitation of Minors- Section 2252(a)(4) of title 18, United States Code, is amended--
(1) in subparagraph (A), by inserting `, or knowingly accesses with intent to view,' after `possesses'; and
(2) in subparagraph (B), by inserting `, or knowingly accesses with intent to view,' after `possesses'.
(b) Materials Constituting or Containing Child Pornography- Section 2252A(a)(5) of title 18, United States Code, is amended--
(1) in subparagraph (A), by inserting `, or knowingly accesses with intent to view,' after `possesses'; and
(2) in subparagraph (B), by inserting `, or knowingly accesses with intent to view,' after `possesses'.
SEC. 7. CLARIFYING BAN OF CHILD PORNOGRAPHY.
(a) In General- Chapter 110 of title 18, United States Code, is amended--
(1) in section 2251--
(A) in each of subsections (a), (b), and (d), by inserting `using any means or facility of interstate or foreign commerce or' after `be transported';
(B) in each of subsections (a) and (b), by inserting `using any means or facility of interstate or foreign commerce or' after `been transported'
(2) in section 2251A(c), by inserting `using any means or facility of interstate or foreign commerce or' after `or transported';
(3) in section 2252(a)--
(A) in paragraph (1), by inserting `using any means or facility of interstate or foreign commerce or' after `ships';
(B) in paragraph (2)--
(i) by inserting `using any means or facility of interstate or foreign commerce or' after `distributes, any visual depiction'; and
(ii) by inserting `using any means or facility of interstate or foreign commerce or' after `depiction for distribution'
(C) in paragraph (3)--
(4) in section 2252A(a)--
(A) in paragraph (1), by inserting `using any means or facility of interstate or foreign commerce or' after `ships';
(b) Affecting Interstate Commerce- Chapter 110 of title 18, United States Code, is amended in each of sections 2251, 2251A, 2252, and 2252A, by striking `in interstate' each place it appears and inserting `in or affecting interstate'.
(c) Certain Activities Relating to Material Involving the Sexual Exploitation of Minors- Section 2252(a)(3)(B) of title 18, United States Code, is amended by inserting `, shipped, or transported using any means or facility of interstate or foreign commerce' after `that has been mailed'.
(d) Certain Activities Relating to Material Constituting or Containing Child Pornography- Section 2252A(a)(6)(C) of title 18, United States Code, is amended by striking `or by transmitting' and all that follows through `by computer,' and inserting `or any means or facility of interstate or foreign commerce,'.
Attest:
Secretary.
To require convicted sex offenders to register online identifiers, and for other




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This sort of law making demonstrates naivite of human nature and ignorance of technology.
In Doe v. Shurtleff, 25 September 2008, a United States District Court Judge found Utah's law requiring sex offender disclosures of online identifiers UNCONSTITUTIONAL.
Read Here:
http://www.4shared.com/dir/9534755/19d8052b/sharing.html
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