A bill to protect children from cybercrimes, including crimes by online predators, to enhance efforts to identify and eliminate child pornography, and to help parents shield their children from material that is inappropriate for minors.

Summary: Protecting Children in the 21st Century Act - Title I: Promoting a Safe Internet for Children - (Sec. 101) Declares that the issue of Internet safety includes issues regarding the use of the Internet in a manner that promotes safe online activity for children, protects children from cybercrimes, including crimes by online predators, and helps parents shield their children from material that is inappropriate for minors.

(Sec. 102) Directs the Federal Trade Commission (FTC) to carry out a nationwide program to increase public awareness and provide education on strategies to promote the safe use of the Internet by children.

(Sec. 103) Requires the FTC to submit annual reports (by March 31) to the Senate Committee on Commerce, Science, and Transportation on the activities of its public awareness campaign.

(Sec. 104) Directs the Assistant Secretary of Commerce for Communications and Information to establish an Online Safety and Technology working group to review and evaluate: (1) the status of industry efforts to promote online safety for children; (2) the recordkeeping practices of electronic communications and remote computing service providers in connection with crimes against children; and (3) the development of technologies to help parents protect their children from inappropriate material on the Internet.

Requires the working group to report to the Assistant Secretary and the Senate Committee on Commerce, Science, and Transportation on its findings. Renders the Federal Advisory Committee Act inapplicable to the working group.

(Sec. 105) Amends the Communications Act of 1934 to require elementary and secondary schools with computer access to the Internet to educate minors about appropriate online behavior, including online interaction with other individuals in social networking websites and in chat rooms and cyberbullying awareness and response.

Title II: Enhancing Child Pornography Enforcement - Amends the Communications Act of 1934 to impose a forfeiture penalty on Internet service providers who violate requirements of the Victims of Child Abuse Act of 1990 to report online child pornography.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Protecting 
Children in the 21st Century Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
            TITLE I--PROMOTING A SAFE INTERNET FOR CHILDREN

Sec. 101. Internet safety.
Sec. 102. Public awareness campaign.
Sec. 103. Annual reports.
Sec. 104. Online safety and technology working group.
Sec. 105. Promoting online safety in schools.
Sec. 106. Definitions.
           TITLE II--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT

Sec. 201. Child pornography prevention; forfeitures related to child 
                            pornography violations.

            TITLE I--PROMOTING A SAFE INTERNET FOR CHILDREN

SEC. 101. INTERNET SAFETY.

    For the purposes of this title, the issue of Internet safety 
includes issues regarding the use of the Internet in a manner that 
promotes safe online activity for children, protects children from 
cybercrimes, including crimes by online predators, and helps parents 
shield their children from material that is inappropriate for minors.

SEC. 102. PUBLIC AWARENESS CAMPAIGN.

    The Federal Trade Commission shall carry out a nationwide program 
to increase public awareness and provide education regarding strategies 
to promote the safe use of the Internet by children. The program shall 
utilize existing resources and efforts of the Federal Government, State 
and local governments, nonprofit organizations, private technology and 
financial companies, Internet service providers, World Wide Web-based 
resources, and other appropriate entities, that includes--
            (1) identifying, promoting, and encouraging best practices 
        for Internet safety;
            (2) establishing and carrying out a national outreach and 
        education campaign regarding Internet safety utilizing various 
        media and Internet-based resources;
            (3) facilitating access to, and the exchange of, 
        information regarding Internet safety to promote up-to-date 
        knowledge regarding current issues; and
            (4) facilitating access to Internet safety education and 
        public awareness efforts the Commission considers appropriate 
        by States, units of local government, schools, police 
        departments, nonprofit organizations, and other appropriate 
        entities.

SEC. 103. ANNUAL REPORTS.

    The Commission shall submit a report to the Senate Committee on 
Commerce, Science, and Transportation not later than March 31 of each 
year that describes the activities carried out under section 102 by the 
Commission during the preceding calendar year.

SEC. 104. ONLINE SAFETY AND TECHNOLOGY WORKING GROUP.

    (a) Establishment.--Within 90 days after the date of enactment of 
this Act, the Assistant Secretary of Commerce for Communications and 
Information shall establish an Online Safety and Technology working 
group comprised of representatives of relevant sectors of the business 
community, public interest groups, and other appropriate groups and 
Federal agencies to review and evaluate--
            (1) the status of industry efforts to promote online safety 
        through educational efforts, parental control technology, 
        blocking and filtering software, age-appropriate labels for 
        content or other technologies or initiatives designed to 
        promote a safe online environment for children;
            (2) the status of industry efforts to promote online safety 
        among providers of electronic communications services and 
        remote computing services by reporting apparent child 
        pornography under section 13032 of title 42, United States 
        Code, including amendments made by this Act with respect to the 
        content of such reports and any obstacles to such reporting;
            (3) the practices of electronic communications service 
        providers and remote computing service providers related to 
        record retention in connection with crimes against children; 
        and
            (4) the development of technologies to help parents shield 
        their children from inappropriate material on the Internet.
    (b) Report.--Within 1 year after the working group is first 
convened, it shall submit a report to the Assistant Secretary and the 
Senate Committee on Commerce, Science, and Transportation that--
            (1) describes in detail its findings, including any 
        information related to the effectiveness of such strategies and 
        technologies and any information about the prevalence within 
        industry of educational campaigns, parental control 
        technologies, blocking and filtering software, labeling, or 
        other technologies to assist parents; and
            (2) includes recommendations as to what types of incentives 
        could be used or developed to increase the effectiveness and 
        implementation of such strategies and technologies.
    (c) FACA Not To Apply to Working Group.--The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the working group.

SEC. 105. PROMOTING ONLINE SAFETY IN SCHOOLS.

    Section 254(h)(5)(B) of the Communications Act of 1934 (47 U.S.C. 
254(h)(5)(b)) is amended--
            (1) by striking ``and'' after the semicolon in clause (i);
            (2) by striking ``minors.'' in clause (ii) and inserting 
        ``minors; and''; and
            (3) by adding at the end the following:
                            ``(iii) as part of its Internet safety 
                        policy is educating minors about appropriate 
                        online behavior, including interacting with 
                        other individuals on social networking websites 
                        and in chat rooms and cyberbullying awareness 
                        and response.''.

SEC. 106. DEFINITIONS.

    In this title:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Internet.--The term ``Internet'' means collectively the 
        myriad of computer and telecommunications facilities, including 
        equipment and operating software, which comprise the 
        interconnected world-wide network of networks that employ the 
        Transmission Control Protocol/Internet Protocol, or any 
        predecessor successor protocols to such protocol, to 
        communicate information of all kinds by wire or radio.

           TITLE II--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT

SEC. 201. CHILD PORNOGRAPHY PREVENTION; FORFEITURES RELATED TO CHILD 
              PORNOGRAPHY VIOLATIONS.

    (a) In General.--Section 503(b)(1) of the Communications Act of 
1934 (47 U.S.C. 503(b)(1)) is amended--
            (1) by striking ``or'' after the semicolon in subparagraph 
        (C);
            (2) by striking ``or 1464'' in subparagraph (D) and 
        inserting ``1464, or 2252'';
            (3) by inserting ``or'' after the semicolon in subparagraph 
        (D); and
            (4) by inserting after subparagraph (D) the following:
            ``(E) violated any provision of section 227 of the Victims 
        of Child Abuse Act of 1990 (42 U.S.C. 13032);''.

            Passed the Senate May 22, 2008.

            Attest:

                                                             Secretary.
110th CONGRESS

  1st Session

                                S. 1965

_______________________________________________________________________

                                 AN ACT

   To protect children from cybercrimes, including crimes by online 
     predators, to enhance efforts to identify and eliminate child 
 pornography, and to help parents shield their children from material 
                   that is inappropriate for minors.