69–010 

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) AnVerDate Aug 31 2005 23:39 Apr 29, 2008 Jkt 069010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR332.XXX SR332

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1 CyberTipline Annual Report Totals. National Center for Missing & Exploited Children 

(NCMEC), 2007. 2Wolak, Mitchell & Finkelhor, Online Victimization of Youth: Five Years Later, National Center for Missing & Exploited Children (NCMEC), 2006. 

nual Report, its ‘‘CyberTipline’’ received reports of 6,384 cases of 

online enticement of children for sexual acts in 2006.1

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: • 1 in 7 had received sexual solicitations; • 1 in 3 had been exposed to unwanted sexual material; • 1 in 11 had been harassed; • 1 in 3 communicated with someone they did not know in person; and 

• approximately 1 in 9 formed close relationships with someone they met online.2

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 


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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 


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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. 


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3 United States v. Kuchinski, 469 F.3d 853 (9th Cir. 2006). 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). 

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. 

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. 

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: 


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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 


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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 

* * * * * * * 

§ 2250. Failure to Register 

* * * * * * * 


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(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 

* * * * * * * 

§ 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 øin 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 øin 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 øin 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 øin 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 øin 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 øin 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 


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facility of interstate or foreign commerce or øin 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 øin 

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 

øin interstate¿ in or affecting interstate or foreign commerce by any means including by computer or mailed. 

* * * * * * * 

§ 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 øin 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 øin interstate¿ in or affecting interstate 

or foreign commerce by any means including by computer or 

mail; or 

* * * * * * * 

§ 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 øin 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 øin 

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 

øin interstate¿ in or affecting interstate or foreign commerce by 

any means including by computer or through the mails, if—

* * * * * * * 


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(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 øin 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 øin 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—

* * * * * * * 

§ 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 øin 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 øin 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 øin 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 øin 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 øin 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 


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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 øin 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 øin 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 øin 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 øin interstate¿ 

in or affecting interstate or foreign commerce by any 

means, including by computer; or 

(6) 

* * * * * * * 

(A) that has been mailed, shipped, or transported øin 

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 øin interstate¿ in or affecting interstate or foreign commerce by any means, including by computer; or 


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(C) which distribution, offer, sending, or provision is accomplished using the mails øor 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 

* * * * * * * 

§ 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. 

ø(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. 

ø(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 

* * * * * * * 

§ 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 


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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. 

* * * * * * * 

§ 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. 

* * * * * * * 

§ 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. 

ø(4)¿ (5) The name and address of any place where the sex 

offender is an employee or will be an employee. 

ø(5)¿ (6) The name and address of any place where the sex 

offender is a student or will be a student. 

ø(6)¿ (7) The license plate number and a description of any 

vehicle owned or operated by the sex offender. 

ø(7)¿ (8) Any other information required by the Attorney 

General. 

* * * * * * * 

§ 16918. Public access to sex offender information through 

the internet 

* * * * * * * 


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(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 

ø(4)¿ (5) any other information exempted from disclosure by 

the Attorney General. 

* * * * * * * 

§ 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. 


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(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. 

Æ 


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