S 431 EAHIn the House of Representatives, U. S.,

To require convicted sex offenders to register online identifiers, and for other purposes.CommentsClose CommentsPermalink

’, do pass with the followingAMENDMENT:Strike out all after the enacting clause and insert: 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.CommentsClose CommentsPermalink

This Act may be cited as the ‘Keeping the Internet Devoid of Sexual Predators Act of 2008’ or the ‘KIDS Act of 2008’.CommentsClose CommentsPermalink

(a) Requirement That Sex Offenders Provide Certain Internet Related Information to Sex Offender Registries- The Attorney General, using the authority provided in section 114(a)(7) of the Sex Offender Registration and Notification Act, shall require that each sex offender provide to the sex offender registry those Internet identifiers the sex offender uses or will use of any type that the Attorney General determines to be appropriate under that Act. These records of Internet identifiers shall be subject to the Privacy Act (5 U.S.C. 552a) to the same extent as the other records in the National Sex Offender Registry.CommentsClose CommentsPermalink





(b) Timeliness of Reporting of Information- The Attorney General, using the authority provided in section 112(b) of the Sex Offender Registration and Notification Act, shall specify the time and manner for keeping current information required to be provided under this section.CommentsClose CommentsPermalink





(c) Nondisclosure to General Public- The Attorney General, using the authority provided in section 118(b)(4) of the Sex Offender Registration and Notification Act, shall exempt from disclosure all information provided by a sex offender under subsection (a).CommentsClose CommentsPermalink





(d) Notice to Sex Offenders of New Requirements- The Attorney General shall ensure that procedures are in place to notify each sex offender of changes in requirements that apply to that sex offender as a result of the implementation of this section.CommentsClose CommentsPermalink





(e) Definitions-CommentsClose CommentsPermalink





(1) OF ‘SOCIAL NETWORKING WEBSITE’- As used in this Act, the term ‘social networking website’--CommentsClose CommentsPermalink





(A) means an Internet website--CommentsClose CommentsPermalink





(i) that allows users, through the creation of web pages or profiles or by other means, to provide information about themselves that is available to the public or to other users; andCommentsClose CommentsPermalink





(ii) that offers a mechanism for communication with other users where such users are likely to include a substantial number of minors; andCommentsClose CommentsPermalink





(iii) whose primary purpose is to facilitate online social interactions; andCommentsClose CommentsPermalink





(B) includes any contractors or agents used by the website to act on behalf of the website in carrying out the purposes of this Act.CommentsClose CommentsPermalink





(2) OF ‘INTERNET IDENTIFIERS’- As used in this Act, the term ‘Internet identifiers’ means electronic mail addresses and other designations used for self-identification or routing in Internet communication or posting.CommentsClose CommentsPermalink





(3) OTHER TERMS- A term defined for the purposes of the Sex Offender Registration and Notification Act has the same meaning in this Act.CommentsClose CommentsPermalink

(a) In General-CommentsClose CommentsPermalink





(1) SECURE SYSTEM FOR COMPARISONS- The Attorney General shall establish and maintain a secure system that permits social networking websites to compare the information contained in the National Sex Offender Registry with the Internet identifiers of users of the social networking websites, and view only those Internet identifiers that match. The system--CommentsClose CommentsPermalink





(A) shall not require or permit any social networking website to transmit Internet identifiers of its users to the operator of the system, andCommentsClose CommentsPermalink





(B) shall use secure procedures that preserve the secrecy of the information made available by the Attorney General, including protection measures that render the Internet identifiers and other data elements indecipherable.CommentsClose CommentsPermalink





(2) PROVISION OF INFORMATION RELATING TO IDENTITY- Upon receiving a matched Internet identifier, the social networking website may make a request of the Attorney General for, and the Attorney General shall provide promptly, information related to the identity of the individual that has registered the matched Internet identifier. This information is limited to the name, sex, resident address, photograph, and physical description.CommentsClose CommentsPermalink





(b) Qualification for Use of System- A social networking website seeking to use the system shall submit an application to the Attorney General which provides--CommentsClose CommentsPermalink





(1) the name and legal status of the website;CommentsClose CommentsPermalink





(2) the contact information for the website;CommentsClose CommentsPermalink





(3) a description of the nature and operations of the website;CommentsClose CommentsPermalink





(4) a statement explaining why the website seeks to use the system;CommentsClose CommentsPermalink





(5) a description of policies and procedures to ensure that--CommentsClose CommentsPermalink





(A) any individual who is denied access to that website on the basis of information obtained through the system is promptly notified of the basis for the denial and has the ability to challenge the denial of access; andCommentsClose CommentsPermalink





(B) if the social networking website finds that information is inaccurate, incomplete, or cannot be verified, the site immediately notifies the appropriate State registry and the Department of Justice, so that they may delete or correct that information in the respective State and national databases;CommentsClose CommentsPermalink





(6) the identity and address of, and contact information for, any contractor that will be used by the social networking website to use the system; andCommentsClose CommentsPermalink





(7) such other information or attestations as the Attorney General may require to ensure that the website will use the system--CommentsClose CommentsPermalink





(A) to protect the safety of the users of such website; andCommentsClose CommentsPermalink





(B) for the limited purpose of making the automated comparison described in subsection (a).CommentsClose CommentsPermalink





(c) Searches Against the System-CommentsClose CommentsPermalink





(1) FREQUENCY OF USE OF THE SYSTEM- A social networking website approved by the Attorney General to use the system may conduct searches under the system as frequently as the Attorney General may allow.CommentsClose CommentsPermalink





(2) AUTHORITY OF ATTORNEY GENERAL TO SUSPEND USE- The Attorney General may deny, suspend, or terminate use of the system by a social networking website that--CommentsClose CommentsPermalink





(A) provides false information in its application for use of the system;CommentsClose CommentsPermalink





(B) may be using or seeks to use the system for any unlawful or improper purpose;CommentsClose CommentsPermalink





(C) fails to comply with the procedures required under subsection (b)(5); orCommentsClose CommentsPermalink





(D) uses information obtained from the system in any way that is inconsistent with the purposes of this Act.CommentsClose CommentsPermalink





(3) LIMITATION ON RELEASE OF INTERNET IDENTIFIERS-CommentsClose CommentsPermalink





(A) NO PUBLIC RELEASE- Neither the Attorney General nor a social networking website approved to use the system may release to the public any list of the Internet identifiers of sex offenders contained in the system.CommentsClose CommentsPermalink





(B) ADDITIONAL LIMITATIONS- The Attorney General shall limit the release of information obtained through the use of the system established under subsection (a) by social networking websites approved to use such system.CommentsClose CommentsPermalink





(C) STRICT ADHERENCE TO LIMITATION- The use of the system established under subsection (a) by a social networking website shall be conditioned on the website’s agreement to observe the limitations required under this paragraph.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) PAYMENT OF FEE- A social networking website approved to use the system shall pay any fee established by the Attorney General for use of the system.CommentsClose CommentsPermalink





(5) LIMITATION ON LIABILITY-CommentsClose CommentsPermalink





(A) IN GENERAL- A civil claim against a social networking website, including any director, officer, employee, parent, contractor, or agent of 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.CommentsClose CommentsPermalink





(B) INTENTIONAL, RECKLESS, OR OTHER MISCONDUCT- Subparagraph (A) does not apply to a claim if the social networking website, or a director, officer, employee, parent, contractor, or agent of that social networking website--CommentsClose CommentsPermalink





(i) engaged in intentional misconduct; orCommentsClose CommentsPermalink





(ii) acted, or failed to act--CommentsClose CommentsPermalink





(I) with actual malice;CommentsClose CommentsPermalink





(II) with reckless disregard to a substantial risk of causing injury without legal justification; orCommentsClose CommentsPermalink





(III) for a purpose unrelated to the performance of any responsibility or function described in paragraph (3).CommentsClose CommentsPermalink





(C) MINIMIZING ACCESS- A social networking website shall minimize the number of employees that are provided access to the Internet identifiers for which a match has been found through the system.CommentsClose CommentsPermalink





(6) RULE OF CONSTRUCTION- Nothing in this section shall be construed to require any Internet website, including a social networking website, to use the system, and no Federal or State liability, or any other actionable adverse consequence, shall be imposed on such website based on its decision not to do so.CommentsClose CommentsPermalink

(a) In General- Subparagraph (C) of section 621(a)(1) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16981(a)(1)) is amended to read as follows:CommentsClose CommentsPermalink





‘(C) MINIMUM STANDARDS- The electronic monitoring units used in the pilot program shall at a minimum--CommentsClose CommentsPermalink





‘(i) provide a tracking device for each offender that contains a central processing unit with global positioning system; andCommentsClose CommentsPermalink





‘(ii) permit continuous monitoring of offenders 24 hours a day.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall apply to grants provided on or after the date of the enactment of this Act.CommentsClose CommentsPermalink

Attest: Clerk.