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S 431 RSES

IN THE SENATE OF THE UNITED STATESJanuary 30, 2007Mr. SCHUMER (for himself, Mr. MCCAIN, Mr. STEVENS, Ms. SNOWE, Mr. GRASSLEY, Mr. OBAMA, Mr. SPECTER, Mrs. CLINTON, Ms. LANDRIEU, Mr. KYL, Ms. KLOBUCHAR, Mrs. HUTCHISON, Mr. KERRY, Mr. JOHNSON, Mr. CARDIN, Mrs. FEINSTEIN, Mr. CORNYN, Mr. LEAHY, Mr. LIEBERMAN, Mr. CRAPO, and Mr. VITTER) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryApril 22, 2008Reported by Mr. LEAHY, with amendments[Omit the part struck through and insert the part printed in italic]A BILLTo require convicted sex offenders to register online identifiers, and for other purposes.

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 20078' or the `KIDS Act of 20078'.

SEC. 2. REGISTRATION OF ONLINE IDENTIFIERS OF SEX OFFENDERS.

(a) In General- Section 114(a) of the Sex Offender Registration and Notification Act (42 U.S.C. 16914(a)) is amended--

(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 routing an in Internet communication or posting.'.

(b) Updating of Information- Section 113(c) of the Sex Offender Registration and Notification Act (42 U.S.C. 16913(c)) is amended by inserting `adding at the end the following: `The Attorney General shall have the authority to specify the time and beforemanner for reporting of other changes in registration information, including any usaddition or change of an electronic mail address, instant message address, [Struck out->]or other similar Internet identifier not provided under subsection (b) by the sex offender to communicate over the Internet,[<-Struck out] or other designation used for self-identification or routing an in Internet communication or posting that is not included in the sex offender's registration information,.' after `or student status,'.

(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) usesfail 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, or any other designation used for self-identification or routing an in Internet communication or posting towhich the appropriate officialindividual knowingly failed to provide for inclusion in thea sex offender registry, as required under that Act.;

`(2) PENALTY- Any person who violates paragraph (1) shall be fined under this title, or imprisoned not more than 10 years, or both.'.

(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. RELEASECHECKING OF ELECTRONIC MAIL ADDRESSES, INSTANT MESSAGE ADDRESSES, OR OTHER SIMILAR INTERNET IDENTIFIERSONLINE IDENTIFIERS AGAINST SEX OFFENDER REGISTRATION INFORMATION.

(a) Public Access- Section 118(b) of the Sex Offender Registration and Notification Act (42 U.S.C. 16918(b)) is amended--

(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, or other similar Internet identifierdesignation used by the sex offenderfor self-identification or routing in Internet communication or posting; and'.

(b) National RegistryOnline Identifier Checking System for Social Networking Websites- Section 11921 of the Sex Offender Registration and Notification Act (42 U.S.C. 1691921) is amended by adding at the end the following:

`(c) Release of Electronic Mail Addresses, Instant Message Addresses, or Other Similar Internet Identifiers to Commerciald) Checking System for Social Networking Websites-

`(1) IN GENERAL- The Attorney General shall maintain a system allowing a commercialvailable to social networking website to compares that permits the databaseautomated comparison of registered userlists or databases that commercial social networking website to of list of the electronic mail addresses, instant message addresses, and other similardesignations used for self-identification or routing in Internet identifierscommunication or posting persons in of the National Sex Offender Registryregistered users of such websites, to the corresponding information contained in or derived from sex offender registries.

`(2) PROCESSQUALIFICATION FOR RELEAUSE OF ELECTRONIC MAIL ADDRESSES, INSTANT MESSAGE ADDRESSES, OR OTHER SIMILAR INTERNET IDENTIFIERSSYSTEM- commercial A social networking website desiring to compare its database of registered usersseeking to use the list of electronic mail addresses, instant messages, and other similar Internet identifiers of persons in the National Sex Offender Registrysystem established under paragraph (1) shall providesubmit an application to the Attorney General which provides--

`(A) the name, address, and telephone numberlegal status of commercial social networking the website;

`(B) the specific legal nature and corporate status ofcontact information for commercial social networking the website;

`(C) an affirmation signed by description of the chief legal officernature and operations of the commercial social networkingwebsite;

`(D) a statement explaining why the website thatseeks to use the system; and

`(E) such other information obtained fromr attestations as the Attorney General may require to ensure database shall not be disclosed for any purpose other than for comparing that the databasewebsite will use the system--

`(i) to protect the safety of registeredthe users of that commercialsuch website; and

`(ii) not for any unlawful or improper purpose.

`(3) SEARCHES AGAINST THE SYSTEM-

`(A) IN GENERAL- A social networking website againstpproved to use the list of electronic mail addresses, instant message addresses, and other similar Internet identifiers of persons insystem 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 information for purposes other than those under this section mayto be unlawful; andcompared in`(D) the name, address, and telephone number of a natural person who consents to service of procesform satisfying the technical requirements for searches against the commercial social networking website.system; and

`(3) USE OF DATABASE- After a commercial social networking website has complied with paragraph (2) and paid`(ii) pay any fee established by the Attorney General, for use of the commercialsystem.

`(B) FREQUENCY OF USE OF THE SYSTEM- A social networking website may screen new users or compare its database of registered usersapproved by the Attorney General to use the list of electronic mail addresses, instant message addresses, and other similar Internet identifiers of persons insystem established under paragraph (1) may conduct searches under the National Sex Offender Registrysystem as frequently as the Attorney General may allow for the purpo.

`(C) AUTHORITY OF AG TO SUSPEND USE- The Attorney General may deny, suspend, or terminate use of identifyingthe system by a registered user associated with an electronic mail address, instant message address, or other similar Internet identifier containedsocial networking website that--

`(i) provides false information in its application for use of the National Sex Offender Registrysystem; or

`(ii) may be using or seeks to use the system for any unlawful or improper purpose.

`(4) LIMITATION ON RELEASE OF INTERNET IDENTIFIERS-

Except as explicitly provided for in this section or for a necessary law enforcement purpose,`(A) NO PUBLIC RELEASE- Neither the Attorney General may not authoriznor a social networking website approved to use the system established under paragraph (1) may release or dissemination ofto the public any list of the e-mail addresses or other designations used for self-identification or routing in Internet identifiercommunication or posting of sex offenders contained in the 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 of commercial 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 of commercial 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 mail instant message addresses, addresses, and other similardesignations used for self-identification or routing in Internet identifiercommunication or posting bys 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 other similardesignations used for self-identification or routing in Internet identifiers ofcommunication or posting by 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.'.

SEC. 4. DEFINITIONS.

Section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911) [Struck out->]is amended--[<-Struck out][Struck out->] (2) [<-Struck out] [Struck out->] by adding at the end the following: [<-Struck out] is amended by adding at the end the following:

`(15) The commercial term `social networking website' means a commercially operatedn Internet website that--

`(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.

`(176) The term `Internet' has the meaning given that term in section 1101 of the Internet Tax Freedom Act (47 U.S.C. 151 note).

`(187) 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 (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 2252C422 of title 18, United States Code, is amended--(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and(2) by inserting after subsection (b)adding at the end the following:

`(c) AgeMisrepresentation of Misrepresentation- Any person 18 years or older whoAge- Whoever knowingly misrepresents his or her age with the intent to useusing the Internet, to operate a facility, by mail, by or any other facility or means of interstate or foreign to engage in criminal sexual conduct involving a minor who is at least 4 years younger than the person engaging in such conduct, commerce or the mail, with the intent to facilitateurther or attempt such conductfacilitate a violation of this section, shall be fined under this title and for imprisoned not more than 20 years. Such penaltyA sentence imposed under this subsection shall be in addition and consecutive to any penalty pursuant to the laws of any jurisdictionsentence imposed for the crime of usingoffense the Internet to engage in criminal sexual conduct involving a minor, orage misrepresentation was intended to facilitateurther or attempt such conductfacilitate.'.

SEC. 6. KNOWINGLY ACCESSING CHILD PORNOGRAPHY WITH THE INTENT TO WATCHVIEW 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';

(C) in subsection (c), by striking `computer' each place that term appears and inserting `using any means or facility of interstate or foreign commerce'; and

(C(D) in subsection (d), by inserting `using any means or facility of interstate or foreign commerce or' after `is 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)--

(i) by inserting `using any means or facility of interstate or foreign commerce' after `so shipped or transported'; and

(C (ii) by striking `by any means,'; and

(D) in paragraph (4), by inserting `using any means or facility of interstate or foreign commerce or' after `has been shipped or transported'; and

(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 (B) in paragraph (2), by inserting `using any means or facility of interstate or foreign commerce' after `mailed, or' each place it appears;

(C) in paragraph (3), by inserting `using any means or facility of interstate or foreign commerce or' after `mails, or' each place it appears;

(C(D) in each of paragraphs (4) and (5), by inserting `using any means or facility of interstate or foreign commerce or' after `has been mailed, or shipped or transported'; and

(D(E) in paragraph (6), by inserting `using any means or facility of interstate or foreign commerce or' after `has been mailed, shipped, or transported'.

(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,'.

Calendar No. 706 Passed the Senate May 20, 2008.