```

[Senate Report 110-332]
[From the U.S. Government Publishing Office]

                                                       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\
---------------------------------------------------------------------------
    \1\CyberTipline Annual Report Totals. National Center for Missing & 
Exploited Children (NCMEC), 2007.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \2\Wolak, Mitchell & Finkelhor, Online Victimization of Youth: Five 
Years Later, National Center for Missing & Exploited Children (NCMEC), 
2006.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \3\United States v. Kuchinski, 469 F.3d 853 (9th Cir. 2006).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

             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.

                                  

```