[DOCID: f:sr332.110]
From the Senate Reports Online via GPO Access
[wais.access.gpo.gov]
Calendar No. 706
110th Congress Report
SENATE
2d Session 110-332
======================================================================
KEEPING THE INTERNET DEVOID OF SEXUAL PREDATORS (KIDS) ACT OF 2007
_______
April 28, 2008.--Ordered to be printed
_______
Mr. Leahy, from the Committee on the Judiciary, submitted the following
R E P O R T
[To accompany S. 431]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to which was referred the
bill (S. 431) to require convicted sex offenders to register
online identifiers, and for other purposes, having considered
the same, reports favorably thereon, with amendments, and
recommends that the bill as amended do pass.
CONTENTS
Page
I. Background and Purpose of the KIDS Act of 2007...................1
II. History of the Bill and Committee Consideration..................3
III. Section-by-Section Summary of the Bill...........................3
IV. Congressional Budget Office Cost Estimate........................5
V. Regulatory Impact Evaluation.....................................7
VI. Conclusion.......................................................7
VII. Changes to Existing Law Made by the Bill, as Reported............7
I. Background and Purpose of the Kids Act of 2007
Numerous crimes involving sexual exploitation of children
are perpetrated through the use of the Internet. One category
of offenses involves the use of the Internet by sexual
predators to infiltrate social networking websites in order to
identify underage persons for purposes of arranging sexual
encounters. According to the National Center for Missing and
Exploited Children (NCMEC) Annual Report, its ``CyberTipline''
received reports of 6,384 cases of online enticement of
children for sexual acts in 2006.\1\
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\1\CyberTipline Annual Report Totals. National Center for Missing &
Exploited Children (NCMEC), 2007.
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The increasing popularity of social networking websites,
their ready availability to children, and the faceless,
anonymous nature of online communications have made the
Internet a source for sexual predators to use in soliciting
minors. Sexual predators can easily camouflage themselves,
often posing as children themselves to initiate online
communications with children.
A study funded by Congress through a grant to the National
Center for Missing and Exploited Children found that of 1,500
youths surveyed about their Internet activity:
<bullet> 1 in 7 had received sexual solicitations;
<bullet> 1 in 3 had been exposed to unwanted sexual
material;
<bullet> 1 in 11 had been harassed;
<bullet> 1 in 3 communicated with someone they did not
know in person; and
<bullet> approximately 1 in 9 formed close
relationships with someone they met online.\2\
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\2\Wolak, Mitchell & Finkelhor, Online Victimization of Youth: Five
Years Later, National Center for Missing & Exploited Children (NCMEC),
2006.
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Past Congresses have enacted sex offender registration laws
in order to better protect the public from recidivist
predators. The most recent, the Adam Walsh Act (the ``AWA'')
reformulated the Federal standards for sex offender
registration in State, territorial and tribal communities to
create a uniform system that was inclusive, informative and
readily available to the public online. Under the AWA,
convicted sex offenders are required to register with State law
enforcement agencies their name, social security number, the
name and address of their employers, the name and address where
they attend school, and the license plate numbers and
descriptions of vehicles they own or operate. The jurisdiction
of registration must also include a physical description and
current photograph of the registrant and a copy of the
registrant's driver's license or government-issued
identification card; a set of fingerprints, palm prints, and a
DNA sample; the text of the law under which the registrant was
convicted; and a criminal record that includes the dates of any
arrests and convictions, any outstanding warrants, as well as
parole, probation, supervisory release, and registration
status.
Senators Schumer and McCain introduced the Keeping the
Internet Devoid of Sexual Predators (KIDS) Act, S. 431, to fill
a gap left by earlier sex offender registration laws and to
curtail the anonymity that sexual predators currently enjoy
while using Internet sites frequented by children. The KIDS Act
will require a convicted sex offender to register, in addition
to the information required by the AWA, his or her e-mail
addresses, instant message addresses, or other similar Internet
identifiers with the National Sex Offender Registry. The
Department of Justice is empowered to make this information
available to social networking sites, chat rooms or other
qualified websites. Qualifying sites may--but are not required
to--screen their users against the convicted sex offenders
included in the registry. Furthermore, the KIDS Act will make
it a crime for any person 18 years or older to knowingly
misrepresent his or her age with the intent to use the Internet
to engage in, or facilitate, criminal sexual conduct involving
a minor four years younger than the person so engaged.
The KIDS Act will also fill gaps in existing law that have
led some courts to overturn convictions of possessors of child
pornography. It does so by amending the child pornography
possession offense to clarify that it also covers knowingly
accessing child pornography on the Internet with the intent to
view child pornography. And finally, it clarifies the
jurisdictional predicates for the Federal laws proscribing the
manufacture, sale, dissemination, or possession of child
pornography in relation to the use of the Internet.
With this bill, convicted sexual predators can no longer
hide under the cloak of a fake Internet identity to ensnare
children without facing serious penalties, including the
automatic revocation of probation or supervised release.
II. History of the Bill and Committee Consideration
The KIDS Act was introduced on January 30, 2007 by Senator
Schumer and Senator McCain. It was referred to the Committee on
the Judiciary. The following Senators have cosponsored the
bill: Stevens, Snowe, Grassley, Obama , Specter, Clinton,
Landrieu, Kyl, Klobuchar, Hutchison, Kerry, Johnson, Feinstein,
Cornyn, Cardin, Leahy, and Lieberman.
It has received the endorsement of a number of
organizations, including: the National Center for Missing and
Exploited Children (NCMEC), MySpace, Facebook, Enough is
Enough, the Rape, Abuse and Incest National Network (RAINN),
the American Family Association, the National Association of
School Resource Officers, and the American Association of
Christian Schools.
The bill was placed on the agenda for the Judiciary
Committee executive business meeting on December 6, 2007. It
was held over and during the intervening week, a number of
changes and additions were drafted for an amendment to address
both Democratic and Republican concerns, as well as those of
privacy groups and industry.
On December 13, 2007, the amendment was unanimously agreed
to by voice vote. The Committee then voted to report the KIDS
Act of 2007, with amendments, favorably to the Senate
unanimously by voice vote.
III. Section-by-Section Summary of the Bill
Section 1. Short title
This section provides that the legislation may be cited as
the ``Keeping the Internet Devoid of Sexual Predators Act of
2007'' or the ``KIDS Act of 2007''.
Section 2. Registration of online identifiers of sex offenders
This section amends the Sex Offender Registration and
Notification Act to add registration requirements.
Specifically, it requires a convicted sex offender to register
his or her e-mail addresses, instant message addresses, or
other similar Internet identifiers with the National Sex
Offender Registry. It further requires the offender to update
the information before any new e-mail address, instant message
address, or other similar Internet identifier is used. To the
extent possible, law enforcement should verify provided e-mail
addresses, instant message addresses, and other similar
Internet identifiers before releasing this information for use
in the registry. If the offender knowingly fails to register
this information, the offender may be fined or imprisoned for
not more than ten years.
Subsection (d) extends a directive to the United States
Sentencing Commission included in the Adam Walsh Act of 2006 to
the new reporting requirements of S. 431. This directive allows
the Commission to consider sex offender Tier levels (among
other factors) when recommending sentences arising from
convictions for the knowing failure to register online
identifiers.
Section 3. Release of electronic mail address, instant message address,
or other similar Internet identifiers
This section establishes standards governing the release of
Internet identifier information, ensuring that the Internet
identifiers outlined in Section 2 are not released to the
general public. It provides that the Department of Justice may
release this information to a social networking website, chat
room or other qualified website if the website provides to the
Department: (1) The name, address and telephone number of the
website; (2) the legal nature of the website; (3) an
affirmation signed by the website's chief legal officer stating
that this information will not be disclosed for any purpose
other than for comparing the database of registered users of
that commercial website against the registry information in
order to protect children from online sexual predators; and (4)
the name, address and telephone number of a person who consents
to service of process.
Subsection (c)(3) sets forth the intended use of the
National Sex Offender Registry's Internet identifier database
for social networking sites. It allows social networking sites
access to the registry database as frequently as the Attorney
General will allow for the purpose of identifying sex offenders
among the social networking site's users.
Subsection (c)(4) prohibits the Attorney General from
authorizing the release of any Internet identifier contained in
the registry unless the above conditions are met or for a
necessary law enforcement purpose.
Subsection (c)(5) makes clear that suits are allowed only
where a social networking site engages in actual malice,
intentional misconduct or reckless disregard to a substantial
risk of injury. This language is modeled after the limitation
on liability contained in Section 130 of the AWA, relating to
the National Center for Missing and Exploited Children.
Subsection (c)(6) further makes clear that no liability
attaches to a social networking website for a decision not to
participate in the opportunity to screen users against the
registry of Internet identifiers.
Section 4. Definitions
This section sets forth definitions for ``commercial social
networking website'', ``chat room'', and ``instant message
address''. This section also adds definitions for ``Internet''
and ``electronic mail address'', both previously codified into
law.
Section 5. Criminalization of age misrepresentation in connection with
online solicitation of a minor
This section makes it a crime for any person 18 years or
older to knowingly misrepresent his or her age with the intent
to use the Internet to engage in criminal sexual content
involving a minor who is at least four years younger than the
person engaging in such conduct, or to facilitate such conduct.
This crime carries a prison term of up to 20 years.
Section 6. Knowingly accessing child pornography with the intent to
watch child pornography
This section fills a gap in existing law that has led some
courts to overturn convictions of possessors of child
pornography. It amends the child pornography possession offense
to clarify that it also covers knowingly accessing child
pornography on the Internet with the intent to view child
pornography. In United States v. Kuchinski,\3\ the Ninth
Circuit ruled that such conduct is not covered by the current
possession offense.
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\3\United States v. Kuchinski, 469 F.3d 853 (9th Cir. 2006).
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Section 7. Clarifying ban of child pornography
This section modifies the jurisdictional predicates for
Federal laws proscribing the manufacture, sale, dissemination,
or possession of child pornography. Currently those
proscriptions apply only if the activity occurs ``in interstate
or foreign commerce.'' Section 7 expands this predicate to
include activities occurring ``in or affecting interstate or
foreign commerce,'' as well as activities ``using a means or
facility of interstate commerce.''
This language was added in light of the Supreme Court's
decisions in United States v. Lopez\4\ and United States v.
Morrison,\5\ that narrowly construed Congress's power under the
Commerce Clause. In cases such as the Tenth Circuit's recent
decision in United States v. Schaffer,\6\ courts have held that
even if child pornography was transmitted via the Internet, it
did not necessarily travel ``in interstate commerce'' and
therefore is outside the scope of the statute. Because the
Internet is a facility of interstate commerce, however, the
defendant in Schaffer would have been within the statute if the
words ``means or facility'' had been added to the statute. By
adding such explicit language to the Federal child pornography
statute, section 7 effectively clarifies the statute's
originally intended scope.
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\4\United States v. Lopez, 514 U.S. 549 (1995).
\5\United States v. Morrison, 529 U.S. 598 (2000).
\6\United States v. Schaffer, 472 F.3d 1219 (10th Cir. 2007).
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IV. Congressional Budget Office Cost Estimate
The Committee sets forth, with respect to the bill, S. 431,
the following estimate and comparison prepared by the Director
of the Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974:
January 18, 2008.
Hon. Patrick J. Leahy,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 431, the Keeping the
Internet Devoid of Sexual Predators Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Peter R. Orszag.
Enclosure.
S. 431--Keeping the Internet Devoid of Sexual Predators Act of 2007
S. 431 would establish new federal crimes and expand the
scope of existing offenses relating to sexual exploitation of
children. CBO estimates that implementing S. 431 would have no
significant net cost to the federal government. Enacting the
bill could affect direct spending and revenues, but CBO
estimates that any such effects would not be significant.
Current law requires sex offenders to register with state
officials and provide certain information to those officials.
Because the bill would establish new offenses, the government
would be able to pursue cases that it otherwise would not be
able to prosecute. We expect that S. 431 would apply to a
relatively small number of offenders, however, so any increase
in costs for law enforcement, court proceedings, or prison
operations would not be significant. Any such costs would be
subject to the availability of appropriated funds.
Because those prosecuted and convicted under S. 431 could
be subject to criminal fines, the federal government might
collect additional fines if the legislation is enacted.
Criminal fines are recorded as revenues, then deposited in the
Crime Victims Fund, and later spent. CBO expects that any
additional revenues and direct spending would not be
significant because of the relatively small number of cases
likely to be affected.
In addition, S. 431 would require the Department of Justice
(DOJ) to establish a system to allow social networking Web
sites (such as MySpace) to compare databases of their users
with the electronic mail addresses or other Internet
identifiers maintained in the National Sex Offender Registry
administered by DOJ. The bill would permit the department to
charge user fees to the social networking Web sites to offset
any costs, so we expect that the net costs to DOJ would be
insignificant.
S. 431 would impose a private-sector mandate as defined in
the Unfunded Mandates Reform Act (UMRA) on individuals who have
been convicted of certain sex offenses by increasing reporting
requirements for such individuals. CBO estimates that the
direct cost of the mandate would be small and would fall well
below the annual threshold established in UMRA for private-
sector mandates ($136 million in 2008, adjusted annually for
inflation).
Sex offenders are currently required to register in person
and provide information to law enforcement agencies in each
state in which the offender resides, is an employee, or is a
student. The bill would expand the information that registered
offenders must report and periodically update by requiring them
to provide self-identifying information used on the Internet,
including email addresses and screen names. We expect that such
additional information could be provided at little additional
cost. S. 431 contains no intergovernmental mandates as defined
in UMRA and would impose no costs on state, local, or tribal
governments.
The CBO staff contacts for this estimate are Mark Grabowicz
(for federal costs), and MarDestinee Perez (for the private-
sector impact). This estimate was approved by Theresa Gullo,
Deputy Assistant Director for Budget Analysis.
V. Regulatory Impact Evaluation
In compliance with rule XXVI of the Standing Rules of the
Senate, the Committee finds that no significant regulatory
impact will result from the enactment of S. 431.
VI. Conclusion
The same protection extended to children in physical
neighborhoods needs to be extended to online communities. The
KIDS Act of 2007 represents a vital step toward giving owners
of Internet sites and law enforcement the tools they need to
protect children from online sexual predators and to create a
safer place for children to communicate online with their
peers. The use of the Internet as a communication tool will
continue to expand as time passes, and it is important to put
safeguards in place, so that children can continue to benefit
from advances in communications technology without being in
harm's way.
VII. Changes to Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 431, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
UNITED STATES CODE
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 109B--SEX OFFENDER AND CRIMES AGAINST CHILDREN REGISTRY
* * * * * * *
Sec. 2250. Failure to Register
* * * * * * *
(b) Affirmative Defense.--In a prosecution for a violation
under subsection (a) or (d), it is an affirmative defense
that--
* * * * * * *
(d) Knowing Failure To Register Online Identifiers.--
(1) In general.--It shall be unlawful for any person
who is required to register under the Sex Offender
Registration and Notification Act (42 U.S.C. 16901 et
seq.) to knowingly fail to provide an electronic mail
address, instant message address, or other designation
used for self-identification or routing in an Internet
communication or posting to the appropriate official
for inclusion in the sex offender registry, as required
under that Act.
(2) Penalty.--Any person who violates paragraph (1)
shall be fined under this title, imprisoned not more
than 10 years, or both.
* * * * * * *
CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
* * * * * * *
Sec. 2251. Sexual exploitation of children
(a) Any person who employs, uses, persuades, induces,
entices, or coerces any minor to engage in, or who has a minor
assist any other person to engage in, or who transports any
minor [in interstate] in or affecting interstate or foreign
commerce, or in any Territory or Possession of the United
States, with the intent that such minor engage in, any sexually
explicit conduct for the purpose of producing any visual
depiction of such conduct, shall be punished as provided under
subsection (e), if such person knows or has reason to know that
such visual depiction will be transported using any means or
facility of interstate or foreign commerce or [in interstate]
in or affecting interstate or foreign commerce or mailed, if
that visual depiction was produced using materials that have
been mailed, shipped, or transported [in interstate] in or
affecting interstate or foreign commerce by any means,
including by computer, or if such visual depiction has actually
been transported using any means or facility of interstate or
foreign commerce or [in interstate] in or affecting interstate
or foreign commerce or mailed.
(b) Any parent, legal guardian, or person having custody or
control of a minor who knowingly permits such minor to engage
in, or to assist any other person to engage in, sexually
explicit conduct for the purpose of producing any visual
depiction of such conduct shall be punished as provided under
subsection (e) of this section, if such parent, legal guardian,
or person knows or has reason to know that such visual
depiction will be transported using any means or facility of
interstate or foreign commerce or [in interstate] in or
affecting interstate or foreign commerce or mailed, if that
visual depiction was produced using materials that have been
mailed, shipped, or transported [in interstate] in or affecting
interstate or foreign commerce by any means, including by
computer, or if such visual depiction has actually been
transported using any means or facility of interstate or
foreign commerce or [in interstate] in or affecting interstate
or foreign commerce or mailed.
* * * * * * *
(d)
* * * * * * *
(2) The circumstance referred to in paragraph (1) is
that--
(A) such person knows or has reason to know
that such notice or advertisement will be
transported using any means or facility of
interstate or foreign commerce or [in
interstate] in or affecting interstate or
foreign commerce by any means including by
computer or mailed; or
(B) such notice or advertisement is
transported using any means or facility of
interstate or foreign commerce or [in
interstate] in or affecting interstate or
foreign commerce by any means including by
computer or mailed.
* * * * * * *
Sec. 2251A. Selling or buying of children
* * * * * * *
(c) The circumstances referred to in subsections (a) and
(b) are that--
(1) in the course of the conduct described in such
subsections the minor or the actor traveled in or was
transported [in interstate] in or affecting interstate
or foreign commerce;
(2) any offer described in such subsections was
communicated or transported using any means or facility
of interstate or foreign commerce or [in interstate] in
or affecting interstate or foreign commerce by any
means including by computer or mail; or
* * * * * * *
Sec. 2252. Certain activities relating to material involving the sexual
exploitation of minors
(a) Any person who--
(1) knowingly transports or ships using any means or
facility of interstate or foreign commerce or [in
interstate] in or affecting interstate or foreign
commerce by any means including by computer or mails,
any visual depiction, if--
* * * * * * *
(2) knowingly receives, or distributes any visual
depiction using any means or facility of interstate or
foreign commerce or that has been mailed, or has been
shipped or transported [in interstate] in or affecting
interstate or foreign commerce, or which contains
materials which have been mailed or so shipped or
transported, by any means including by computer, or
knowingly reproduces any visual depiction for
distribution using any means or facility of interstate
or foreign commerce or [in interstate] in or affecting
interstate or foreign commerce by any means including
by computer or through the mails, if--
* * * * * * *
(3)
* * * * * * *
(B) knowingly sells or possesses with intent
to sell any visual depiction that has been
mailed using any means or facility of
interstate or foreign commerce, or has been
shipped or transported [in interstate] in or
affecting interstate or foreign commerce, or
which was produced using materials which have
been mailed or so shipped or transported, by
any means, including by computer, if--
* * * * * * *
(4)
* * * * * * *
(B) knowingly possesses 1 or more books,
magazines, periodicals, films, video tapes, or
other matter which contain any visual depiction
that has been mailed, or has been shipped or
transported using any means or facility of
interstate or foreign commerce or [in
interstate] in or affecting interstate or
foreign commerce, or which was produced using
materials which have been mailed or so shipped
or transported, by any means including by
computer, if--
* * * * * * *
Sec. 2252A. Certain activities relating to material constituting or
containing child pornography
(a) Any person who--
(1) knowingly mails, or transports or ships using any
means or facility of interstate or foreign commerce or
[in interstate] in or affecting interstate or foreign
commerce by any means, including by computer, any child
pornography;
(2) knowingly receives or distributes--
(A) any child pornography that has been
mailed, or shipped or transported [in
interstate] in or affecting interstate or
foreign commerce by any means, including by
computer; or
(B) any material that contains child
pornography that has been mailed, or shipped or
transported [in interstate] in or affecting
interstate or foreign commerce by any means,
including by computer;
(3) knowingly--
(A) reproduces any child pornography for
distribution through the mails, or using any
means or facility of interstate or foreign
commerce or [in interstate] in or affecting
interstate or foreign commerce by any means,
including by computer; or
(B) advertises, promotes, presents,
distributes, or solicits through the mails, or
using any means or facility of interstate or
foreign commerce or [in interstate] in or
affecting interstate or foreign commerce by any
means, including by computer, any material or
purported material in a manner that reflects
the belief, or that is intended to cause
another to believe, that the material or
purported material is, or contains----
* * * * * * *
(4) either--
(A) in the special maritime and territorial
jurisdiction of the United States, or on any
land or building owned by, leased to, or
otherwise used by or under the control of the
United States Government, or in the Indian
country (as defined in section 1151), knowingly
sells or possesses, or knowingly accesses with
intent to view, with the intent to sell any
child pornography; or
(B) knowingly sells or possesses, or
knowingly accesses with intent to view, with
the intent to sell any child pornography that
has been mailed, or shipped or transported
using any means or facility of interstate or
foreign commerce or [in interstate] in or
affecting interstate or foreign commerce by any
means, including by computer, or that was
produced using materials that have been mailed,
or shipped or transported using any means or
facility of interstate or foreign commerce or
[in interstate] in or affecting interstate or
foreign commerce by any means, including by
computer;
(5) either--
(A) in the special maritime and territorial
jurisdiction of the United States, or on any
land or building owned by, leased to, or
otherwise used by or under the control of the
United States Government, or in the Indian
country (as defined in section 1151), knowingly
possesses, or knowingly accesses with intent to
view, any book, magazine, periodical, film,
videotape, computer disk, or any other material
that contains an image of child pornography; or
(B) knowingly possesses, or knowingly
accesses with intent to view, any book,
magazine, periodical, film, videotape, computer
disk, or any other material that contains an
image of child pornography that has been
mailed, or shipped or transported using any
means or facility of interstate or foreign
commerce or [in interstate] in or affecting
interstate or foreign commerce by any means,
including by computer, or that was produced
using materials that have been mailed, or
shipped or transported using any means or
facility of interstate or foreign commerce or
[in interstate] in or affecting interstate or
foreign commerce by any means, including by
computer; or
(6)
* * * * * * *
(A) that has been mailed, shipped, or
transported [in interstate] in or affecting
interstate or foreign commerce by any means,
including by computer;
(B) that was produced using materials that
have been mailed, shipped, or transported using
any means or facility of interstate or foreign
commerce or [in interstate] in or affecting
interstate or foreign commerce by any means,
including by computer; or
(C) which distribution, offer, sending, or
provision is accomplished using the mails [or
by transmitting or causing to be transmitted
any wire communication in interstate or foreign
commerce, including by computer] or any means
or facility of interstate or foreign commerce,
for purposes of inducing or persuading a minor
to participate in any activity that is illegal;
shall be punished as provided in subsection
(b); or
* * * * * * *
Sec. 2252C. Misleading words or digital images on the Internet
* * * * * * *
(c) Age of Misrepresentation.--Any person 18 years or older
who knowingly misrepresents his or her age with the intent to
use the Internet, to operate a facility, by mail, or by any
other means of interstate or foreign commerce to engage in
criminal sexual conduct involving a minor who is at least 4
years younger than the person engaging in such conduct, or to
facilitate or attempt such conduct, shall be fined under this
title and imprisoned for not more than 20 years. Such penalty
shall be in addition to any penalty pursuant to the laws of any
jurisdiction for the crime of using the Internet to engage in
criminal sexual conduct involving a minor, or to facilitate or
attempt such conduct.
[(c)] (d) Construction.--For the purposes of this section,
a word or digital image that clearly indicates the sexual
content of the site, such as ``sex'' or ``porn'', is not
misleading.
[(d)] (e) Definitions.--As used in this section--
* * * * * * *
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 151--CHILD PROTECTION AND SAFETY, SEX OFFENDER REGISTRATION AND
NOTIFICATION
* * * * * * *
Sec. 16911. Relevant definitions, including Amie Zyla expansion of sex
offender definition and expanded inclusion of child
predators
In this title the following definitions apply:
* * * * * * *
(15) The term ``commercial social networking
website'' means a commercially operated 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
other 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 users.
(17) The term ``Internet'' has the meaning given that
term in section 1101 of the Internet Tax Freedom Act
(47 U.S.C. 151 note).
(18) 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 communicate in real-
time with another person using the Internet.
* * * * * * *
Sec. 16913. Registry requirements for sex offenders
* * * * * * *
(c) Keeping the registration current. A sex offender shall,
not later than 3 business days after each change of name,
residence, employment, or student status, and before any use of
an electronic mail address, instant message address, or other
designation used for self-identification or routing in an
Internet communication or posting that is not included in the
sex offender's registration information, appear in person in at
least 1 jurisdiction involved pursuant to subsection (a) and
inform that jurisdiction of all changes in the information
required for that offender in the sex offender registry. That
jurisdiction shall immediately provide that information to all
other jurisdictions in which the offender is required to
register.
* * * * * * *
Sec. 16914. Information required in registration
(a) Provided by the Offender.--The sex offender shall
provide the following information to the appropriate official
for inclusion in the sex offender registry:
* * * * * * *
(4) Any electronic mail address, instant message
address, or other designation the sex offender uses or
will use for self-identification or routing in an
Internet communication or posting.
[(4)] (5) The name and address of any place where the
sex offender is an employee or will be an employee.
[(5)] (6) The name and address of any place where the
sex offender is a student or will be a student.
[(6)] (7) The license plate number and a description
of any vehicle owned or operated by the sex offender.
[(7)] (8) Any other information required by the
Attorney General.
* * * * * * *
Sec. 16918. Public access to sex offender information through the
internet
* * * * * * *
(b) Mandatory Exemptions.--A jurisdiction shall exempt from
disclosure--
* * * * * * *
(4) any electronic mail address, instant message
address, or other similar Internet identifier used by
the sex offender; and
[(4)] (5) any other information exempted from
disclosure by the Attorney General.
* * * * * * *
Sec. 16919. National Sex Offender Registry
* * * * * * *
(c) Release of Electronic Mail Addresses, Instant Message
Addresses, or Other Similar Internet Identifiers to Commercial
Social Networking Website.--
(1) In general.--The Attorney General shall maintain
a system allowing a commercial social networking
website to compare the database of registered users of
that commercial social networking website to the list
of electronic mail addresses, instant message
addresses, and other similar Internet identifiers of
persons in the National Sex Offender Registry.
(2) Process for release of electronic mail addresses,
instant message addresses, or other similar internet
identifiers.--A commercial social networking website
desiring to compare its database of registered users to
the list of electronic mail addresses, instant
messages, and other similar Internet identifiers of
persons in the National Sex Offender Registry shall
provide to the Attorney General--
(A) the name, address, and telephone number
of the commercial social networking website;
(B) the specific legal nature and corporate
status of the commercial social networking
website; and
(C) an affirmation signed by the chief legal
officer of the commercial social networking
website that the information obtained from that
database shall not be disclosed for any purpose
other than for comparing the database of
registered users of that commercial social
networking website against the list of
electronic mail addresses, instant message
addresses, and other similar Internet
identifiers of persons in the National Sex
Offender Registry to protect individuals from
online sexual predators and that disclosure of
this information for purposes other than those
under this section may be unlawful.
(3) Use of database.--After a commercial social
networking website has complied with paragraph (2) and
paid any fee established by the Attorney General, the
commercial social networking website may screen new
users or compare its database of registered users to
the list of electronic mail addresses, instant message
addresses, and other similar Internet identifiers of
persons in the National Sex Offender Registry as
frequently as the Attorney General may allow for the
purpose of identifying a registered user associated
with an electronic mail address, instant message
address, or other similar Internet identifier contained
in the National Sex Offender Registry.
(4) Limitation on release of internet identifiers.--
Except as explicitly provided for in this section or
for a necessary law enforcement purpose, the Attorney
General may not authorize the release or dissemination
of any Internet identifier contained in the National
Sex Offender Registry.
(5) Limitation on liability.--
(A) In general.--A civil claim against a
commercial social networking website, including
any director, officer, employee, or agent of
that commercial 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 the commercial social networking
website, or a director, officer, employee, or
agent of that commercial 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 any commercial 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.--A commercial social
networking website shall minimize the number of
employees that are provided access to the list
of electronic mail addresses, instant message
addresses, and other similar Internet
identifiers of persons in the National Sex
Offender Registry.
(6) Rule of construction.--Nothing in this section
shall be construed to require any Internet website,
including a commercial social networking website, to
compare its database of registered users with the list
of electronic mail addresses, instant message
addresses, and other similar Internet identifiers of
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.
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