PUBLIC LAW 115–395—DEC. 21, 2018 132 STAT. 5287 

Public Law 115–395 

115th Congress 

An Act 

To amend title 18, United States Code, to make certain changes to the reporting 

requirement of certain service providers regarding child sexual exploitation visual 

depictions, 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 ‘‘CyberTipline Modernization 

Act of 2018’’. 

SEC. 2. ALTERATIONS TO REPORTING REQUIREMENTS FOR ELECTRONIC SERVICE PROVIDERS AND REMOTE COMPUTING 

SERVICE PROVIDERS. 

Section 2258A of title 18, United States Code, is amended— 

(1) in the heading, by striking ‘‘electronic communication service providers and remote computing service providers’’ and inserting ‘‘providers’’; 

(2) in subsection (a)— 

(A) by amending paragraph (1) to read as follows: 

‘‘(1) IN GENERAL.— 

‘‘(A) DUTY.—In order to reduce the proliferation of 

online child sexual exploitation and to prevent the online 

sexual exploitation of children, a provider— 

‘‘(i) shall, as soon as reasonably possible after 

obtaining actual knowledge of any facts or circumstances described in paragraph (2)(A), take the 

actions described in subparagraph (B); and 

‘‘(ii) may, after obtaining actual knowledge of any 

facts or circumstances described in paragraph (2)(B), 

take the actions described in subparagraph (B). 

‘‘(B) ACTIONS DESCRIBED.—The actions described in this 

subparagraph are— 

‘‘(i) providing to the CyberTipline of NCMEC, or 

any successor to the CyberTipline operated by NCMEC, 

the mailing address, telephone number, facsimile 

number, electronic mailing address of, and individual 

point of contact for, such provider; and 

‘‘(ii) making a report of such facts or circumstances 

to the CyberTipline, or any successor to the 

CyberTipline operated by NCMEC.’’; and 

(B) by amending paragraph (2) to read as follows: 

‘‘(2) FACTS OR CIRCUMSTANCES.— 

‘‘(A) APPARENT VIOLATIONS.—The facts or circumstances described in this subparagraph are any facts 

CyberTipline 

Modernization 

Act of 2018. 

18 USC 1 note. 

Dec. 21, 2018 

[S. 3170] 


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132 STAT. 5288 PUBLIC LAW 115–395—DEC. 21, 2018 

or circumstances from which there is an apparent violation 

of section 2251, 2251A, 2252, 2252A, 2252B, or 2260 that 

involves child pornography. 

‘‘(B) IMMINENT VIOLATIONS.—The facts or circumstances described in this subparagraph are any facts 

or circumstances which indicate a violation of any of the 

sections described in subparagraph (A) involving child 

pornography may be planned or imminent.’’; 

(3) in subsection (b)— 

(A) in the matter preceding paragraph (1)— 

(i) by striking ‘‘To the extent’’ and inserting ‘‘In 

an effort to prevent the future sexual victimization 

of children, and to the extent’’; 

(ii) by striking ‘‘an electronic communication 

service provider or a remote computing service provider’’ and inserting ‘‘a provider’’; and 

(iii) by striking ‘‘may include’’ and inserting ‘‘may, 

at the sole discretion of the provider, include’’; 

(B) in paragraph (1)— 

(i) by inserting ‘‘or plans to violate’’ after ‘‘who 

appears to have violated’’; and 

(ii) by inserting ‘‘payment information (excluding 

personally identifiable information),’’ after ‘‘uniform 

resource locator,’’; 

(C) in paragraph (2)— 

(i) by striking ‘‘an electronic communication service 

or a remote computing service’’ and inserting ‘‘a provider’’; 

(ii) by striking ‘‘apparent child pornography’’ each 

place it appears and inserting ‘‘content relating to the 

report’’; and 

(iii) by striking ‘‘the electronic communication 

service provider or remote computing service provider’’ 

and inserting ‘‘the provider’’; 

(D) by amending paragraph (3) to read as follows: 

‘‘(3) GEOGRAPHIC LOCATION INFORMATION.—Information 

relating to the geographic location of the involved individual 

or website, which may include the Internet Protocol address 

or verified address, or, if not reasonably available, at least 

one form of geographic identifying information, including area 

code or zip code, provided by the customer or subscriber, or 

stored or obtained by the provider.’’; 

(E) in paragraph (4)— 

(i) in the heading by striking ‘‘IMAGES’’ and 

inserting ‘‘VISUAL DEPICTIONS’’; 

(ii) by striking ‘‘image’’ and inserting ‘‘visual depiction’’; and 

(iii) by inserting ‘‘or other content’’ after ‘‘apparent 

child pornography’’; and 

(F) in paragraph (5)— 

(i) by striking ‘‘image’’ and inserting ‘‘visual depiction’’; 

(ii) by inserting ‘‘or other content’’ after ‘‘apparent 

child pornography’’; and 

(iii) by striking ‘‘images’’ and inserting ‘‘visual 

depictions’’; 

(4) by amending subsection (c) to read as follows: 


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PUBLIC LAW 115–395—DEC. 21, 2018 132 STAT. 5289 

‘‘(c) FORWARDING OF REPORT TO LAW ENFORCEMENT.—Pursuant 

to its clearinghouse role as a private, nonprofit organization, and 

at the conclusion of its review in furtherance of its nonprofit mission, NCMEC shall make available each report made under subsection (a)(1) to one or more of the following law enforcement 

agencies: 

‘‘(1) Any Federal law enforcement agency that is involved 

in the investigation of child sexual exploitation, kidnapping, 

or enticement crimes. 

‘‘(2) Any State or local law enforcement agency that is 

involved in the investigation of child sexual exploitation. 

‘‘(3) A foreign law enforcement agency designated by the 

Attorney General under subsection (d)(3) or a foreign law 

enforcement agency that has an established relationship with 

the Federal Bureau of Investigation, Immigration and Customs 

Enforcement, or INTERPOL, and is involved in the investigation of child sexual exploitation, kidnapping, or enticement 

crimes.’’; 

(5) in subsection (d)— 

(A) in paragraph (2), by striking ‘‘shall designate 

promptly the’’ and inserting ‘‘may designate a’’; 

(B) in paragraph (3)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘shall promptly’’ and inserting ‘‘may’’; and 

(ii) in subparagraph (A), by striking ‘‘designate 

the’’ and inserting ‘‘designate’’; 

(C) in paragraph (4)— 

(i) by striking ‘‘shall’’ and inserting ‘‘may’’; 

(ii) by striking ‘‘the National Center for Missing 

and Exploited Children’’ and inserting ‘‘NCMEC’’; and 

(iii) by striking ‘‘electronic communication service 

providers, remote computing service providers’’ and 

inserting ‘‘providers’’; 

(D) by striking paragraph (5); 

(E) by redesignating paragraph (6) as paragraph (5); 

and 

(F) by amending paragraph (5), as so redesignated, 

to read as follows: 

‘‘(5) NOTIFICATION TO PROVIDERS.— 

‘‘(A) IN GENERAL.—NCMEC may notify a provider of 

the information described in subparagraph (B), if— 

‘‘(i) a provider notifies NCMEC that the provider 

is making a report under this section as the result 

of a request by a foreign law enforcement agency; 

and 

‘‘(ii) NCMEC forwards the report described in 

clause (i) to— 

‘‘(I) the requesting foreign law enforcement 

agency; or 

‘‘(II) another agency in the same country designated by the Attorney General under paragraph 

(3) or that has an established relationship with 

the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement, or INTERPOL and 

is involved in the investigation of child sexual 

exploitation, kidnapping, or enticement crimes. 


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132 STAT. 5290 PUBLIC LAW 115–395—DEC. 21, 2018 

‘‘(B) INFORMATION DESCRIBED.—The information 

described in this subparagraph is— 

‘‘(i) the identity of the foreign law enforcement 

agency to which the report was forwarded; and 

‘‘(ii) the date on which the report was forwarded. 

‘‘(C) NOTIFICATION OF INABILITY TO FORWARD REPORT.— 

If a provider notifies NCMEC that the provider is making 

a report under this section as the result of a request 

by a foreign law enforcement agency and NCMEC is unable 

to forward the report as described in subparagraph (A)(ii), 

NCMEC shall notify the provider that NCMEC was unable 

to forward the report.’’; 

(6) in subsection (e), by striking ‘‘An electronic communication service provider or remote computing service provider’’ 

and inserting ‘‘A provider’’; 

(7) in subsection (f)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘an electronic communication service provider or a remote 

computing service provider’’ and inserting ‘‘a provider’’; and 

(B) in paragraph (3), by striking ‘‘seek’’ and inserting 

‘‘search, screen, or scan for’’; 

(8) in subsection (g)— 

(A) in paragraph (2)— 

(i) in subparagraph (A)(vi), by striking ‘‘an electronic communication service provider or remote computing service provider’’ and inserting ‘‘a provider’’; 

and 

(ii) by amending subparagraph (B) to read as follows: 

‘‘(B) LIMITATION.—Nothing in subparagraph (A)(vi) 

authorizes a law enforcement agency to provide visual 

depictions of apparent child pornography to a provider.’’; 

(B) in paragraph (3)— 

(i) in the paragraph heading, by striking ‘‘THE

NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN’’ and inserting ‘‘NCMEC’’; 

(ii) in the matter preceding subparagraph (A)— 

(I) by striking ‘‘The National Center for 

Missing and Exploited Children’’ and inserting 

‘‘NCMEC’’; 

(II) by inserting after ‘‘may disclose’’ the following: ‘‘by mail, electronic transmission, or other 

reasonable means,’’; and 

(III) by striking ‘‘only’’ and inserting ‘‘only to’’; 

(iii) in subparagraph (A)— 

(I) by striking ‘‘ to any Federal law enforcement agency’’ and inserting ‘‘any Federal law 

enforcement agency’’; and 

(II) by inserting before the semicolon at the 

end the following: ‘‘or that is involved in the investigation of child sexual exploitation, kidnapping, 

or enticement crimes’’; 

(iv) in subparagraph (B)— 

(I) by striking ‘‘to any State’’ and inserting 

‘‘any State’’; and 


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PUBLIC LAW 115–395—DEC. 21, 2018 132 STAT. 5291 

(II) by striking ‘‘child pornography, child 

exploitation’’ and inserting ‘‘child sexual exploitation’’; 

(v) in subparagraph (C)— 

(I) by striking ‘‘to any foreign law enforcement 

agency’’ and inserting ‘‘any foreign law enforcement agency’’; and 

(II) by striking ‘‘; and’’ and inserting ‘‘or that 

has an established relationship with the Federal 

Bureau of Investigation, Immigration and Customs 

Enforcement, or INTERPOL, and is involved in 

the investigation of child sexual exploitation, kidnapping, or enticement crimes;’’; 

(vi) in subparagraph (D)— 

(I) by striking ‘‘to an electronic communication 

service provider or remote computing service provider’’ and inserting ‘‘a provider’’; and 

(II) by striking the period at the end and 

inserting ‘‘; and’’; and 

(vii) by adding after subparagraph (D) the following: 

‘‘(E) respond to legal process, as necessary.’’; and 

(C) by adding at the end the following: 

‘‘(4) PERMITTED DISCLOSURE BY A PROVIDER.—A provider 

that submits a report under subsection (a)(1) may disclose 

by mail, electronic transmission, or other reasonable means, 

information, including visual depictions contained in the report, 

in a manner consistent with permitted disclosures under paragraphs (3) through (8) of section 2702(b) only to a law enforcement agency described in subparagraph (A), (B), or (C) of paragraph (3), to NCMEC, or as necessary to respond to legal 

process.’’; and 

(9) in subsection (h)— 

(A) in paragraph (1)— 

(i) by striking ‘‘the notification to an electronic 

communication service provider or a remote computing 

service provider by the CyberTipline of receipt of a 

report’’ and inserting ‘‘a completed submission by a 

provider of a report to the CyberTipline’’; and 

(ii) by striking ‘‘, as if such request was made 

pursuant to section 2703(f)’’ and inserting ‘‘the contents 

provided in the report for 90 days after the submission 

to the CyberTipline’’; 

(B) by striking paragraph (2); 

(C) by redesignating paragraphs (3) through (5) as 

paragraphs (2) through (4), respectively; 

(D) in paragraph (2), as so redesignated— 

(i) in the heading, by striking ‘‘IMAGES’’ and 

inserting ‘‘CONTENT’’; 

(ii) by striking ‘‘an electronic communication 

service provider or a remote computing service’’ and 

inserting ‘‘a provider’’; 

(iii) by striking ‘‘images’’ and inserting ‘‘visual 

depictions’’; and 

(iv) by striking ‘‘commingled or interspersed among 

the images of apparent child pornography within a 

particular communication or user created folder or 


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132 STAT. 5292 PUBLIC LAW 115–395—DEC. 21, 2018 

directory’’ and inserting ‘‘reasonably accessible and 

may provide context or additional information about 

the reported material or person’’; and 

(E) in paragraph (3), as so redesignated, by striking 

‘‘An electronic communication service or remote computing 

service’’ and inserting ‘‘A provider’’. 

SEC. 3. LIMITED LIABILITY FOR PROVIDERS OR DOMAIN NAME REGISTRARS. 

Section 2258B of title 18, United States Code, is amended— 

(1) in the heading— 

(A) by striking ‘‘electronic communication service 

providers, remote computing service providers,’’ and 

inserting ‘‘providers’’; and 

(B) by striking ‘‘registrar’’ and inserting ‘‘registrars’’; 

(2) in subsection (a)— 

(A) by striking ‘‘an electronic communication service 

provider, a remote computing service provider,’’ and 

inserting ‘‘a provider’’; and 

(B) by striking ‘‘such electronic communication service 

provider, remote computing service provider,’’ each place 

it appears and inserting ‘‘such provider’’; 

(3) in subsection (b), by striking ‘‘electronic communication 

service provider, remote computing service provider,’’ each place 

it appears and inserting ‘‘provider’’; and 

(4) in subsection (c)— 

(A) by striking ‘‘image’’ each place it appears and 

inserting ‘‘visual depiction’’; and 

(B) in the matter preceding paragraph (1), by striking 

‘‘An electronic communication service provider, a remote 

computing service provider,’’ and inserting ‘‘A provider’’. 

SEC. 4. USE TO COMBAT CHILD PORNOGRAPHY OF TECHNICAL ELEMENTS RELATING TO REPORTS MADE TO CYBERTIPLINE. 

Section 2258C of title 18, United States Code, is amended— 

(1) in the heading, by striking ‘‘to images reported to’’ 

and inserting ‘‘to reports made to’’; 

(2) in subsection (a)— 

(A) in paragraph (1)— 

(i) by striking ‘‘The National Center for Missing 

and Exploited Children’’ and inserting ‘‘NCMEC’’; 

(ii) by striking ‘‘apparent child pornography image 

of an identified child’’ and inserting ‘‘CyberTipline 

report’’; 

(iii) by striking ‘‘an electronic communication 

service provider or a remote computing service provider’’ and inserting ‘‘a provider’’; 

(iv) by striking ‘‘that electronic communication 

service provider or remote computing service provider’’ 

and inserting ‘‘that provider’’; and 

(v) by striking ‘‘further transmission of images’’ 

and inserting ‘‘online sexual exploitation of children’’; 

(B) in paragraph (2), by striking ‘‘specific image, Internet location of images, and other technological elements 

that can be used to identify and stop the transmission 

of child pornography’’ and inserting ‘‘specific visual depiction, including an Internet location and any other elements 

provided in a CyberTipline report that can be used to 


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PUBLIC LAW 115–395—DEC. 21, 2018 132 STAT. 5293 

identify, prevent, curtail, or stop the transmission of child 

pornography and prevent the online sexual exploitation 

of children’’; and 

(C) in paragraph (3), by striking ‘‘actual images’’ and 

inserting ‘‘actual visual depictions of apparent child pornography’’; 

(3) in subsection (b)— 

(A) in the heading, by striking ‘‘ELECTRONIC COMMUNICATION SERVICE PROVIDERS AND REMOTE COMPUTING

SERVICE PROVIDERS’’ and inserting ‘‘PROVIDERS’’; 

(B) by striking ‘‘electronic communication service provider or remote computing service provider’’ each place 

it appears and inserting ‘‘provider’’; 

(C) by striking ‘‘apparent child pornography image of 

an identified child from the National Center for Missing 

and Exploited Children’’ and inserting ‘‘CyberTipline report 

from NCMEC’’; 

(D) by striking ‘‘shall not relieve that’’ and inserting 

‘‘shall not relieve the’’; and 

(E) by striking ‘‘its reporting obligations’’ and inserting 

‘‘reporting’’; 

(4) in subsection (c)— 

(A) by striking ‘‘electronic communication service providers or remote computing service providers’’ and inserting 

‘‘providers’’; 

(B) by striking ‘‘apparent child pornography image of 

an identified child from the National Center for Missing 

and Exploited Children’’ and inserting ‘‘CyberTipline report 

from NCMEC’’; and 

(C) by striking ‘‘further transmission of the images’’ 

and inserting ‘‘online sexual exploitation of children’’; 

(5) in subsection (d)— 

(A) by striking ‘‘The National Center for Missing and 

Exploited Children shall’’ and inserting ‘‘NCMEC may’’; 

(B) by inserting after ‘‘local law enforcement’’ the following: ‘‘, and to foreign law enforcement agencies described 

in section 2258A(c)(3),’’; 

(C) by striking ‘‘investigation of child pornography’’ 

and inserting ‘‘investigation of child sexual exploitation’’; 

(D) by striking ‘‘image of an identified child’’ and 

inserting ‘‘visual depiction’’; and 

(E) by striking ‘‘reported to the National Center for 

Missing and Exploited Children’’ and inserting ‘‘reported 

to the CyberTipline’’; and 

(6) in subsection (e)— 

(A) by inserting before ‘‘Federal’’ the following: ‘‘foreign,’’; 

(B) by striking ‘‘image of an identified child from the 

National Center for Missing and Exploited Children under 

section (d)’’ and inserting ‘‘visual depiction from NCMEC 

under subsection (d)’’; 

(C) by striking ‘‘child pornography crimes’’ and 

inserting ‘‘child sexual exploitation crimes,’’; and 

(D) by inserting before the period at the end the following: ‘‘and prevent future sexual victimization of children’’. 


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132 STAT. 5294 PUBLIC LAW 115–395—DEC. 21, 2018 

SEC. 5. LIMITED LIABILITY FOR NCMEC. 

Section 2258D of title 18, United States Code, is amended— 

(1) in the heading, by striking ‘‘the National Center 

for Missing and Exploited Children’’ and inserting 

‘‘NCMEC’’; 

(2) in subsection (a)— 

(A) by striking ‘‘Except as provided’’ and inserting 

‘‘Pursuant to its clearinghouse role as a private, nonprofit 

organization and its mission to help find missing children, 

reduce online sexual exploitation of children and prevent 

future victimization, and except as provided’’; 

(B) by striking ‘‘the National Center for Missing and 

Exploited Children’’ and inserting ‘‘NCMEC’’; 

(C) by striking ‘‘(42 U.S.C. 5773)’’ and inserting ‘‘(34 

U.S.C. 11293)’’; 

(D) by striking ‘‘such center’’ each place it appears 

and inserting ‘‘NCMEC’’; and 

(E) by striking ‘‘from the effort’’ and inserting ‘‘from 

the efforts’’; 

(3) in subsection (b)— 

(A) by striking ‘‘the National Center for Missing and 

Exploited Children’’ and inserting ‘‘NCMEC’’; 

(B) by striking ‘‘such center’’ and inserting ‘‘NCMEC’’; 

and 

(C) by striking ‘‘(42 U.S.C. 5773)’’ and inserting ‘‘(34 

U.S.C. 11293)’’; and 

(4) in subsection (d)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘The National Center for Missing and Exploited Children’’ 

and inserting ‘‘NCMEC’’; and 

(B) by striking ‘‘image’’ each place it appears and 

inserting ‘‘visual depiction’’. 

SEC. 6. DEFINITIONS. 

Section 2258E of title 18, United States Code, is amended— 

(1) in the matter preceding paragraph (1), by striking 

‘‘2258D’’ and inserting ‘‘2258E’’; 

(2) in paragraph (5), by striking ‘‘and’’ at the end; 

(3) by redesignating paragraph (6) as paragraph (8); and 

(4) by inserting after paragraph (5) the following: 

‘‘(6) the term ‘provider’ means an electronic communication 

service provider or remote computing service; 

‘‘(7) the term ‘NCMEC’ means the National Center for 

Missing & Exploited Children; and’’. 

SEC. 7. TECHNICAL AND CONFORMING AMENDMENT. 

The table of sections for chapter 110 of title 18, United States 

Code, is amended by striking the items relating to sections 2258A, 

2258B, 2258C, and 2258D and inserting the following: 

‘‘2258A. Reporting requirements of providers. 

‘‘2258B. Limited liability for providers or domain name registrars. 

18 USC 2251 

prec. 


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PUBLIC LAW 115–395—DEC. 21, 2018 132 STAT. 5295 

LEGISLATIVE HISTORY—S. 3170: 

CONGRESSIONAL RECORD, Vol. 164 (2018): 

Sept. 27, considered and passed Senate. 

Dec. 12, considered and passed House. 

Æ 

‘‘2258C. Use to combat child pornography of technical elements relating to reports 

made to the CyberTipline. 

‘‘2258D. Limited liability for NCMEC.’’. 

Approved December 21, 2018. 


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