PUBLIC LAW 110–401—OCT. 13, 2008 122 STAT. 4229 

Public Law 110–401 

110th Congress 

An Act 

To require the Department of Justice to develop and implement a National Strategy 

Child Exploitation Prevention and Interdiction, to improve the Internet Crimes 

Against Children Task Force, to increase resources for regional computer forensic 

labs, and to make other improvements to increase the ability of law enforcement 

agencies to investigate and prosecute child predators. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Providing 

Resources, Officers, and Technology To Eradicate Cyber Threats 

to Our Children Act of 2008’’ or the ‘‘PROTECT Our Children 

Act of 2008’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—NATIONAL STRATEGY FOR CHILD EXPLOITATION PREVENTION 

AND INTERDICTION 

Sec. 101. Establishment of National Strategy for Child Exploitation Prevention and 

Interdiction. 

Sec. 102. Establishment of National ICAC Task Force Program. 

Sec. 103. Purpose of ICAC task forces. 

Sec. 104. Duties and functions of task forces. 

Sec. 105. National Internet Crimes Against Children Data System. 

Sec. 106. ICAC grant program. 

Sec. 107. Authorization of appropriations. 

TITLE II—ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION 

Sec. 201. Additional regional computer forensic labs. 

TITLE III—EFFECTIVE CHILD PORNOGRAPHY PROSECUTION 

Sec. 301. Prohibit the broadcast of live images of child abuse. 

Sec. 302. Amendment to section 2256 of title 18, United States Code. 

Sec. 303. Amendment to section 2260 of title 18, United States Code. 

Sec. 304. Prohibiting the adaptation or modification of an image of an identifiable 

minor to produce child pornography. 

TITLE IV—NATIONAL INSTITUTE OF JUSTICE STUDY OF RISK FACTORS 

Sec. 401. NIJ study of risk factors for assessing dangerousness. 

TITLE V—SECURING ADOLESCENTS FROM ONLINE EXPLOITATION 

Sec. 501. Reporting requirements of electronic communication service providers and 

remote computing service providers. 

Sec. 502. Reports. 

Sec. 503. Severability. 

SEC. 2. DEFINITIONS. 

In this Act, the following definitions shall apply: 

42 USC 17601. 

42 USC 17601 

note. 

Providing 

Resources, 

Officers, and 

Technology To 

Eradicate Cyber 

Threats to Our 

Children Act of 

2008. 

Oct. 13, 2008 

[S. 1738] 


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122 STAT. 4230 PUBLIC LAW 110–401—OCT. 13, 2008 

(1) CHILD EXPLOITATION.—The term ‘‘child exploitation’’ 

means any conduct, attempted conduct, or conspiracy to engage 

in conduct involving a minor that violates section 1591, chapter 

109A, chapter 110, and chapter 117 of title 18, United States 

Code, or any sexual activity involving a minor for which any 

person can be charged with a criminal offense. 

(2) CHILD OBSCENITY.—The term ‘‘child obscenity’’ means 

any visual depiction proscribed by section 1466A of title 18, 

United States Code. 

(3) MINOR.—The term ‘‘minor’’ means any person under 

the age of 18 years. 

(4) SEXUALLY EXPLICIT CONDUCT.—The term ‘‘sexually 

explicit conduct’’ has the meaning given such term in section 

2256 of title 18, United States Code. 

TITLE I—NATIONAL STRATEGY FOR 

CHILD EXPLOITATION PREVENTION 

AND INTERDICTION 

SEC. 101. ESTABLISHMENT OF NATIONAL STRATEGY FOR CHILD 

EXPLOITATION PREVENTION AND INTERDICTION. 

(a) IN GENERAL.—The Attorney General of the United States 

shall create and implement a National Strategy for Child Exploitation Prevention and Interdiction. 

(b) TIMING.—Not later than 1 year after the date of enactment 

of this Act and on February 1 of every second year thereafter, 

the Attorney General shall submit to Congress the National 

Strategy established under subsection (a). 

(c) REQUIRED CONTENTS OF NATIONAL STRATEGY.—The National 

Strategy established under subsection (a) shall include the following: 

(1) Comprehensive long-range, goals for reducing child 

exploitation. 

(2) Annual measurable objectives and specific targets to 

accomplish long-term, quantifiable goals that the Attorney General determines may be achieved during each year beginning 

on the date when the National Strategy is submitted. 

(3) Annual budget priorities and Federal efforts dedicated 

to combating child exploitation, including resources dedicated 

to Internet Crimes Against Children task forces, Project Safe 

Childhood, FBI Innocent Images Initiative, the National Center 

for Missing and Exploited Children, regional forensic computer 

labs, Internet Safety programs, and all other entities whose 

goal or mission is to combat the exploitation of children that 

receive Federal support. 

(4) A 5-year projection for program and budget goals and 

priorities. 

(5) A review of the policies and work of the Department 

of Justice related to the prevention and investigation of child 

exploitation crimes, including efforts at the Office of Justice 

Programs, the Criminal Division of the Department of Justice, 

the Executive Office of United States Attorneys, the Federal 

Bureau of Investigation, the Office of the Attorney General, 

the Office of the Deputy Attorney General, the Office of Legal 

Deadlines. 

42 USC 17611. 


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Policy, and any other agency or bureau of the Department 

of Justice whose activities relate to child exploitation. 

(6) A description of the Department’s efforts to coordinate 

with international, State, local, tribal law enforcement, and 

private sector entities on child exploitation prevention and 

interdiction efforts. 

(7) Plans for interagency coordination regarding the prevention, investigation, and apprehension of individuals exploiting 

children, including cooperation and collaboration with— 

(A) Immigration and Customs Enforcement; 

(B) the United States Postal Inspection Service; 

(C) the Department of State; 

(D) the Department of Commerce; 

(E) the Department of Education; 

(F) the Department of Health and Human Services; 

and 

(G) other appropriate Federal agencies. 

(8) A review of the Internet Crimes Against Children Task 

Force Program, including— 

(A) the number of ICAC task forces and location of 

each ICAC task force; 

(B) the number of trained personnel at each ICAC 

task force; 

(C) the amount of Federal grants awarded to each 

ICAC task force; 

(D) an assessment of the Federal, State, and local 

cooperation in each task force, including— 

(i) the number of arrests made by each task force; 

(ii) the number of criminal referrals to United 

States attorneys for prosecution; 

(iii) the number of prosecutions and convictions 

from the referrals made under clause (ii); 

(iv) the number, if available, of local prosecutions 

and convictions based on ICAC task force investigations; and 

(v) any other information demonstrating the level 

of Federal, State, and local coordination and cooperation, as such information is to be determined by the 

Attorney General; 

(E) an assessment of the training opportunities and 

technical assistance available to support ICAC task force 

grantees; and 

(F) an assessment of the success of the Internet Crimes 

Against Children Task Force Program at leveraging State 

and local resources and matching funds. 

(9) An assessment of the technical assistance and support 

available for Federal, State, local, and tribal law enforcement 

agencies, in the prevention, investigation, and prosecution of 

child exploitation crimes. 

(10) A review of the backlog of forensic analysis for child 

exploitation cases at each FBI Regional Forensic lab and an 

estimate of the backlog at State and local labs. 

(11) Plans for reducing the forensic backlog described in 

paragraph (10), if any, at Federal, State and local forensic 

labs. 

(12) A review of the Federal programs related to child 

exploitation prevention and education, including those related 


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to Internet safety, including efforts by the private sector and 

nonprofit entities, or any other initiatives, that have proven 

successful in promoting child safety and Internet safety. 

(13) An assessment of the future trends, challenges, and 

opportunities, including new technologies, that will impact Federal, State, local, and tribal efforts to combat child exploitation. 

(14) Plans for liaisons with the judicial branches of the 

Federal and State governments on matters relating to child 

exploitation. 

(15) An assessment of Federal investigative and prosecution 

activity relating to reported incidents of child exploitation 

crimes, which shall include a number of factors, including— 

(A) the number of high-priority suspects (identified 

because of the volume of suspected criminal activity or 

because of the danger to the community or a potential 

victim) who were investigated and prosecuted; 

(B) the number of investigations, arrests, prosecutions 

and convictions for a crime of child exploitation; and 

(C) the average sentence imposed and statutory maximum for each crime of child exploitation. 

(16) A review of all available statistical data indicating 

the overall magnitude of child pornography trafficking in the 

United States and internationally, including— 

(A) the number of computers or computer users, foreign 

and domestic, observed engaging in, or suspected by law 

enforcement agencies and other sources of engaging in, 

peer-to-peer file sharing of child pornography; 

(B) the number of computers or computer users, foreign 

and domestic, observed engaging in, or suspected by law 

enforcement agencies and other reporting sources of 

engaging in, buying and selling, or other commercial 

activity related to child pornography; 

(C) the number of computers or computer users, foreign 

and domestic, observed engaging in, or suspected by law 

enforcement agencies and other sources of engaging in, 

all other forms of activity related to child pornography; 

(D) the number of tips or other statistical data from 

the National Center for Missing and Exploited Children’s 

CyberTipline and other data indicating the magnitude of 

child pornography trafficking; and 

(E) any other statistical data indicating the type, 

nature, and extent of child exploitation crime in the United 

States and abroad. 

(17) Copies of recent relevant research and studies related 

to child exploitation, including— 

(A) studies related to the link between possession or 

trafficking of child pornography and actual abuse of a 

child; 

(B) studies related to establishing a link between the 

types of files being viewed or shared and the type of illegal 

activity; and 

(C) any other research, studies, and available information related to child exploitation. 

(18) A review of the extent of cooperation, coordination, 

and mutual support between private sector and other entities 


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and organizations and Federal agencies, including the involvement of States, local and tribal government agencies to the 

extent Federal programs are involved. 

(19) The results of the Project Safe Childhood Conference 

or other conferences or meetings convened by the Department 

of Justice related to combating child exploitation. 

(d) APPOINTMENT OF HIGH-LEVEL OFFICIAL.— (1) IN GENERAL.—The Attorney General shall designate 

a senior official at the Department of Justice to be responsible 

for coordinating the development of the National Strategy 

established under subsection (a). 

(2) DUTIES.—The duties of the official designated under 

paragraph (1) shall include— 

(A) acting as a liaison with all Federal agencies 

regarding the development of the National Strategy; 

(B) working to ensure that there is proper coordination 

among agencies in developing the National Strategy; 

(C) being knowledgeable about budget priorities and 

familiar with all efforts within the Department of Justice 

and the FBI related to child exploitation prevention and 

interdiction; and 

(D) communicating the National Strategy to Congress 

and being available to answer questions related to the 

strategy at congressional hearings, if requested by committees of appropriate jurisdictions, on the contents of the 

National Strategy and progress of the Department of Justice in implementing the National Strategy. 

SEC. 102. ESTABLISHMENT OF NATIONAL ICAC TASK FORCE PROGRAM. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—There is established within the Department of Justice, under the general authority of the Attorney 

General, a National Internet Crimes Against Children Task 

Force Program (hereinafter in this title referred to as the 

‘‘ICAC Task Force Program’’), which shall consist of a national 

program of State and local law enforcement task forces dedicated to developing effective responses to online enticement 

of children by sexual predators, child exploitation, and child 

obscenity and pornography cases. 

(2) INTENT OF CONGRESS.—It is the purpose and intent 

of Congress that the ICAC Task Force Program established 

under paragraph (1) is intended to continue the ICAC Task 

Force Program authorized under title I of the Departments 

of Commerce, Justice, and State, the Judiciary, and Related 

Agencies Appropriations Act, 1998, and funded under title IV 

of the Juvenile Justice and Delinquency Prevention Act of 

1974. 

(b) NATIONAL PROGRAM.— 

(1) STATE REPRESENTATION.—The ICAC Task Force Program established under subsection (a) shall include at least 

1 ICAC task force in each State. 

(2) CAPACITY AND CONTINUITY OF INVESTIGATIONS.—In 

order to maintain established capacity and continuity of investigations and prosecutions of child exploitation cases, the 

Attorney General, shall, in establishing the ICAC Task Force 

Program under subsection (a) consult with and consider all 

59 task forces in existence on the date of enactment of this 

Consultation. 

42 USC 17612. 


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Act. The Attorney General shall include all existing ICAC task 

forces in the ICAC Task Force Program, unless the Attorney 

General makes a determination that an existing ICAC does 

not have a proven track record of success. 

(3) ONGOING REVIEW.—The Attorney General shall— 

(A) conduct periodic reviews of the effectiveness of 

each ICAC task force established under this section; and 

(B) have the discretion to establish a new task force 

if the Attorney General determines that such decision will 

enhance the effectiveness of combating child exploitation 

provided that the Attorney General notifies Congress in 

advance of any such decision and that each state maintains 

at least 1 ICAC task force at all times. 

(4) TRAINING.— 

(A) IN GENERAL.—The Attorney General may establish 

national training programs to support the mission of the 

ICAC task forces, including the effective use of the National 

Internet Crimes Against Children Data System. 

(B) LIMITATION.—In establishing training courses 

under this paragraph, the Attorney General may not award 

any one entity other than a law enforcement agency more 

than $2,000,000 annually to establish and conduct training 

courses for ICAC task force members and other law enforcement officials. 

(C) REVIEW.—The Attorney General shall— 

(i) conduct periodic reviews of the effectiveness 

of each training session authorized by this paragraph; 

and 

(ii) consider outside reports related to the effective 

use of Federal funding in making future grant awards 

for training. 

SEC. 103. PURPOSE OF ICAC TASK FORCES. 

The ICAC Task Force Program, and each State or local ICAC 

task force that is part of the national program of task forces, 

shall be dedicated toward— 

(1) increasing the investigative capabilities of State and 

local law enforcement officers in the detection, investigation, 

and apprehension of Internet crimes against children offenses 

or offenders, including technology-facilitated child exploitation 

offenses; 

(2) conducting proactive and reactive Internet crimes 

against children investigations; 

(3) providing training and technical assistance to ICAC 

task forces and other Federal, State, and local law enforcement 

agencies in the areas of investigations, forensics, prosecution, 

community outreach, and capacity-building, using recognized 

experts to assist in the development and delivery of training 

programs; 

(4) increasing the number of Internet crimes against children offenses being investigated and prosecuted in both Federal 

and State courts; 

(5) creating a multiagency task force response to Internet 

crimes against children offenses within each State; 

(6) participating in the Department of Justice’s Project 

Safe Childhood initiative, the purpose of which is to combat 

42 USC 17613. 

Notification. 


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technology-facilitated sexual exploitation crimes against children; 

(7) enhancing nationwide responses to Internet crimes 

against children offenses, including assisting other ICAC task 

forces, as well as other Federal, State, and local agencies with 

Internet crimes against children investigations and prosecutions; 

(8) developing and delivering Internet crimes against children public awareness and prevention programs; and 

(9) participating in such other activities, both proactive 

and reactive, that will enhance investigations and prosecutions 

of Internet crimes against children. 

SEC. 104. DUTIES AND FUNCTIONS OF TASK FORCES. 

Each State or local ICAC task force that is part of the national 

program of task forces shall— 

(1) consist of State and local investigators, prosecutors, 

forensic specialists, and education specialists who are dedicated 

to addressing the goals of such task force; 

(2) work consistently toward achieving the purposes 

described in section 103; 

(3) engage in proactive investigations, forensic examinations, and effective prosecutions of Internet crimes against children; 

(4) provide forensic, preventive, and investigative assistance to parents, educators, prosecutors, law enforcement, and 

others concerned with Internet crimes against children; 

(5) develop multijurisdictional, multiagency responses and 

partnerships to Internet crimes against children offenses 

through ongoing informational, administrative, and technological support to other State and local law enforcement agencies, as a means for such agencies to acquire the necessary 

knowledge, personnel, and specialized equipment to investigate 

and prosecute such offenses; 

(6) participate in nationally coordinated investigations in 

any case in which the Attorney General determines such participation to be necessary, as permitted by the available resources 

of such task force; 

(7) establish or adopt investigative and prosecution standards, consistent with established norms, to which such task 

force shall comply; 

(8) investigate, and seek prosecution on, tips related to 

Internet crimes against children, including tips from Operation 

Fairplay, the National Internet Crimes Against Children Data 

System established in section 105, the National Center for 

Missing and Exploited Children’s CyberTipline, ICAC task 

forces, and other Federal, State, and local agencies, with priority being given to investigative leads that indicate the possibility of identifying or rescuing child victims, including investigative leads that indicate a likelihood of seriousness of offense 

or dangerousness to the community; 

(9) develop procedures for handling seized evidence; 

(10) maintain— 

(A) such reports and records as are required under 

this title; and 

(B) such other reports and records as determined by 

the Attorney General; and 

Reports. 

Records. 

Procedures. 

Standards. 

42 USC 17614. 


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(11) seek to comply with national standards regarding the 

investigation and prosecution of Internet crimes against children, as set forth by the Attorney General, to the extent such 

standards are consistent with the law of the State where the 

task force is located. 

SEC. 105. NATIONAL INTERNET CRIMES AGAINST CHILDREN DATA 

SYSTEM. 

(a) IN GENERAL.—The Attorney General shall establish, consistent with all existing Federal laws relating to the protection 

of privacy, a National Internet Crimes Against Children Data 

System. The system shall not be used to search for or obtain 

any information that does not involve the use of the Internet 

to facilitate child exploitation. 

(b) INTENT OF CONGRESS.—It is the purpose and intent of 

Congress that the National Internet Crimes Against Children Data 

System established in subsection (a) is intended to continue and 

build upon Operation Fairplay developed by the Wyoming Attorney 

General’s office, which has established a secure, dynamic undercover 

infrastructure that has facilitated online law enforcement investigations of child exploitation, information sharing, and the capacity 

to collect and aggregate data on the extent of the problems of 

child exploitation. 

(c) PURPOSE OF SYSTEM.—The National Internet Crimes Against 

Children Data System established under subsection (a) shall be 

dedicated to assisting and supporting credentialed law enforcement 

agencies authorized to investigate child exploitation in accordance 

with Federal, State, local, and tribal laws, including by providing 

assistance and support to— 

(1) Federal agencies investigating and prosecuting child 

exploitation; 

(2) the ICAC Task Force Program established under section 

102; 

(3) State, local, and tribal agencies investigating and prosecuting child exploitation; and 

(4) foreign or international law enforcement agencies, subject to approval by the Attorney General. 

(d) CYBER SAFE DECONFLICTION AND INFORMATION SHARING.— 

The National Internet Crimes Against Children Data System established under subsection (a)— 

(1) shall be housed and maintained within the Department 

of Justice or a credentialed law enforcement agency; 

(2) shall be made available for a nominal charge to support 

credentialed law enforcement agencies in accordance with subsection (c); and 

(3) shall— 

(A) allow Federal, State, local, and tribal agencies and 

ICAC task forces investigating and prosecuting child exploitation to contribute and access data for use in resolving 

case conflicts; 

(B) provide, directly or in partnership with a 

credentialed law enforcement agency, a dynamic undercover infrastructure to facilitate online law enforcement 

investigations of child exploitation; 

(C) facilitate the development of essential software and 

network capability for law enforcement participants; and 

42 USC 17615. 


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(D) provide software or direct hosting and support 

for online investigations of child exploitation activities, or, 

in the alternative, provide users with a secure connection 

to an alternative system that provides such capabilities, 

provided that the system is hosted within a governmental 

agency or a credentialed law enforcement agency. 

(e) COLLECTION AND REPORTING OF DATA.— (1) IN GENERAL.—The National Internet Crimes Against 

Children Data System established under subsection (a) shall 

ensure the following: 

(A) REAL-TIME REPORTING.—All child exploitation cases 

involving local child victims that are reasonably detectable 

using available software and data are, immediately upon 

their detection, made available to participating law enforcement agencies. 

(B) HIGH-PRIORITY SUSPECTS.—Every 30 days, at minimum, the National Internet Crimes Against Children Data 

System shall— 

(i) identify high-priority suspects, as such suspects 

are determined by the volume of suspected criminal 

activity or other indicators of seriousness of offense 

or dangerousness to the community or a potential local 

victim; and 

(ii) report all such identified high-priority suspects 

to participating law enforcement agencies. 

(C) ANNUAL REPORTS.—Any statistical data indicating 

the overall magnitude of child pornography trafficking and 

child exploitation in the United States and internationally 

is made available and included in the National Strategy, 

as is required under section 101(c)(16). 

(2) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to limit the ability of participating law 

enforcement agencies to disseminate investigative leads or 

statistical information in accordance with State and local laws. 

(f) MANDATORY REQUIREMENTS OF NETWORK.—The National 

Internet Crimes Against Children Data System established under 

subsection (a) shall develop, deploy, and maintain an integrated 

technology and training program that provides— 

(1) a secure, online system for Federal law enforcement 

agencies, ICAC task forces, and other State, local, and tribal 

law enforcement agencies for use in resolving case conflicts, 

as provided in subsection (d); 

(2) a secure system enabling online communication and 

collaboration by Federal law enforcement agencies, ICAC task 

forces, and other State, local, and tribal law enforcement agencies regarding ongoing investigations, investigatory techniques, 

best practices, and any other relevant news and professional 

information; 

(3) a secure online data storage and analysis system for 

use by Federal law enforcement agencies, ICAC task forces, 

and other State, local, and tribal law enforcement agencies; 

(4) secure connections or interaction with State and local 

law enforcement computer networks, consistent with reasonable 

and established security protocols and guidelines; 

(5) guidelines for use of the National Internet Crimes 

Against Children Data System by Federal, State, local, and 

tribal law enforcement agencies and ICAC task forces; and 

Guidelines. 


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(6) training and technical assistance on the use of the 

National Internet Crimes Against Children Data System by 

Federal, State, local, and tribal law enforcement agencies and 

ICAC task forces. 

(g) NATIONAL INTERNET CRIMES AGAINST CHILDREN DATA

SYSTEM STEERING COMMITTEE.—The Attorney General shall establish a National Internet Crimes Against Children Data System 

Steering Committee to provide guidance to the Network relating 

to the program under subsection (f), and to assist in the development of strategic plans for the System. The Steering Committee 

shall consist of 10 members with expertise in child exploitation 

prevention and interdiction prosecution, investigation, or prevention, including— 

(1) 3 representatives elected by the local directors of the 

ICAC task forces, such representatives shall represent different 

geographic regions of the country; 

(2) 1 representative of the Department of Justice Office 

of Information Services; 

(3) 1 representative from Operation Fairplay, currently 

hosted at the Wyoming Office of the Attorney General; 

(4) 1 representative from the law enforcement agency 

having primary responsibility for hosting and maintaining the 

National Internet Crimes Against Children Data System; 

(5) 1 representative of the Federal Bureau of Investigation’s 

Innocent Images National Initiative or Regional Computer 

Forensic Lab program; 

(6) 1 representative of the Immigration and Customs 

Enforcement’s Cyber Crimes Center; 

(7) 1 representative of the United States Postal Inspection 

Service; and 

(8) 1 representative of the Department of Justice. 

(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated for each of the fiscal years 2009 through 2016, 

$2,000,000 to carry out the provisions of this section. 

SEC. 106. ICAC GRANT PROGRAM. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—The Attorney General is authorized to 

award grants to State and local ICAC task forces to assist 

in carrying out the duties and functions described under section 

104. 

(2) FORMULA GRANTS.— 

(A) DEVELOPMENT OF FORMULA.—At least 75 percent 

of the total funds appropriated to carry out this section 

shall be available to award or otherwise distribute grants 

pursuant to a funding formula established by the Attorney 

General in accordance with the requirements in subparagraph (B). 

(B) FORMULA REQUIREMENTS.—Any formula established by the Attorney General under subparagraph (A) 

shall— 

(i) ensure that each State or local ICAC task force 

shall, at a minimum, receive an amount equal to 0.5 

percent of the funds available to award or otherwise 

distribute grants under subparagraph (A); and 

(ii) take into consideration the following factors: 

42 USC 17616. 

Establishment. 


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(I) The population of each State, as determined 

by the most recent decennial census performed 

by the Bureau of the Census. 

(II) The number of investigative leads within 

the applicant’s jurisdiction generated by Operation 

Fairplay, the ICAC Data Network, the 

CyberTipline, and other sources. 

(III) The number of criminal cases related to 

Internet crimes against children referred to a task 

force for Federal, State, or local prosecution. 

(IV) The number of successful prosecutions of 

child exploitation cases by a task force. 

(V) The amount of training, technical assistance, and public education or outreach by a task 

force related to the prevention, investigation, or 

prosecution of child exploitation offenses. 

(VI) Such other criteria as the Attorney General determines demonstrate the level of need for 

additional resources by a task force. 

(3) DISTRIBUTION OF REMAINING FUNDS BASED ON NEED.— 

(A) IN GENERAL.—Any funds remaining from the total 

funds appropriated to carry out this section after funds 

have been made available to award or otherwise distribute 

formula grants under paragraph (2)(A) shall be distributed 

to State and local ICAC task forces based upon need, 

as set forth by criteria established by the Attorney General. 

Such criteria shall include the factors under paragraph 

(2)(B)(ii). 

(B) MATCHING REQUIREMENT.—A State or local ICAC 

task force shall contribute matching non-Federal funds in 

an amount equal to not less than 25 percent of the amount 

of funds received by the State or local ICAC task force 

under subparagraph (A). A State or local ICAC task force 

that is not able or willing to contribute matching funds 

in accordance with this subparagraph shall not be eligible 

for funds under subparagraph (A). 

(C) WAIVER.—The Attorney General may waive, in 

whole or in part, the matching requirement under subparagraph (B) if the State or local ICAC task force demonstrates 

good cause or financial hardship. 

(b) APPLICATION.— 

(1) IN GENERAL.—Each State or local ICAC task force 

seeking a grant under this section shall submit an application 

to the Attorney General at such time, in such manner, and 

accompanied by such information as the Attorney General may 

reasonably require. 

(2) CONTENTS.—Each application submitted pursuant to 

paragraph (1) shall— 

(A) describe the activities for which assistance under 

this section is sought; and 

(B) provide such additional assurances as the Attorney 

General determines to be essential to ensure compliance 

with the requirements of this title. 

(c) ALLOWABLE USES.—Grants awarded under this section may 

be used to— 

(1) hire personnel, investigators, prosecutors, education 

specialists, and forensic specialists; 

Criteria. 


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(2) establish and support forensic laboratories utilized in 

Internet crimes against children investigations; 

(3) support investigations and prosecutions of Internet 

crimes against children; 

(4) conduct and assist with education programs to help 

children and parents protect themselves from Internet predators; 

(5) conduct and attend training sessions related to successful investigations and prosecutions of Internet crimes against 

children; and 

(6) fund any other activities directly related to preventing, 

investigating, or prosecuting Internet crimes against children. 

(d) REPORTING REQUIREMENTS.— 

(1) ICAC REPORTS.—To measure the results of the activities 

funded by grants under this section, and to assist the Attorney 

General in complying with the Government Performance and 

Results Act (Public Law 103–62; 107 Stat. 285), each State 

or local ICAC task force receiving a grant under this section 

shall, on an annual basis, submit a report to the Attorney 

General that sets forth the following: 

(A) Staffing levels of the task force, including the 

number of investigators, prosecutors, education specialists, 

and forensic specialists dedicated to investigating and prosecuting Internet crimes against children. 

(B) Investigation and prosecution performance measures of the task force, including— 

(i) the number of investigations initiated related 

to Internet crimes against children; 

(ii) the number of arrests related to Internet crimes 

against children; and 

(iii) the number of prosecutions for Internet crimes 

against children, including— 

(I) whether the prosecution resulted in a 

conviction for such crime; and 

(II) the sentence and the statutory maximum 

for such crime under State law. 

(C) The number of referrals made by the task force 

to the United States Attorneys office, including whether 

the referral was accepted by the United States Attorney. 

(D) Statistics that account for the disposition of investigations that do not result in arrests or prosecutions, 

such as referrals to other law enforcement. 

(E) The number of investigative technical assistance 

sessions that the task force provided to nonmember law 

enforcement agencies. 

(F) The number of computer forensic examinations that 

the task force completed. 

(G) The number of law enforcement agencies participating in Internet crimes against children program standards established by the task force. 

(2) REPORT TO CONGRESS.—Not later than 1 year after 

the date of enactment of this Act, the Attorney General shall 

submit a report to Congress on— 

(A) the progress of the development of the ICAC Task 

Force Program established under section 102; and 


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PUBLIC LAW 110–401—OCT. 13, 2008 122 STAT. 4241 

(B) the number of Federal and State investigations, 

prosecutions, and convictions in the prior 12-month period 

related to child exploitation. 

SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated to 

carry out this title— 

(1) $60,000,000 for fiscal year 2009; 

(2) $60,000,000 for fiscal year 2010; 

(3) $60,000,000 for fiscal year 2011; 

(4) $60,000,000 for fiscal year 2012; and 

(5) $60,000,000 for fiscal year 2013. 

(b) AVAILABILITY.—Funds appropriated under subsection (a) 

shall remain available until expended. 

TITLE II—ADDITIONAL MEASURES TO 

COMBAT CHILD EXPLOITATION 

SEC. 201. ADDITIONAL REGIONAL COMPUTER FORENSIC LABS. 

(a) ADDITIONAL RESOURCES.—The Attorney General shall establish additional computer forensic capacity to address the current 

backlog for computer forensics, including for child exploitation investigations. The Attorney General may utilize funds under this title 

to increase capacity at existing regional forensic laboratories or 

to add laboratories under the Regional Computer Forensic Laboratories Program operated by the Federal Bureau of Investigation. 

(b) PURPOSE OF NEW RESOURCES.—The additional forensic 

capacity established by resources provided under this section shall 

be dedicated to assist Federal agencies, State and local Internet 

Crimes Against Children task forces, and other Federal, State, 

and local law enforcement agencies in preventing, investigating, 

and prosecuting Internet crimes against children. 

(c) NEW COMPUTER FORENSIC LABS.—If the Attorney General 

determines that new regional computer forensic laboratories are 

required under subsection (a) to best address existing backlogs, 

such new laboratories shall be established pursuant to subsection 

(d). 

(d) LOCATION OF NEW LABS.—The location of any new regional 

computer forensic laboratories under this section shall be determined by the Attorney General, in consultation with the Director 

of the Federal Bureau of Investigation, the Regional Computer 

Forensic Laboratory National Steering Committee, and other relevant stakeholders. 

(e) REPORT.—Not later than 1 year after the date of enactment 

of this Act, and every year thereafter, the Attorney General shall 

submit a report to the Congress on how the funds appropriated 

under this section were utilized. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated for fiscal years 2009 through 2013, $2,000,000 

to carry out the provisions of this section. 

42 USC 17631. 

42 USC 17617. 


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122 STAT. 4242 PUBLIC LAW 110–401—OCT. 13, 2008 

TITLE III—EFFECTIVE CHILD 

PORNOGRAPHY PROSECUTION 

SEC. 301. PROHIBIT THE BROADCAST OF LIVE IMAGES OF CHILD 

ABUSE. 

Section 2251 of title 18, United States Code is amended— 

(1) in subsection (a), by— 

(A) inserting ‘‘or for the purpose of transmitting a 

live visual depiction of such conduct’’ after ‘‘for the purpose 

of producing any visual depiction of such conduct’’; 

(B) inserting ‘‘or transmitted’’ after ‘‘if such person 

knows or has reason to know that such visual depiction 

will be transported’’; 

(C) inserting ‘‘or transmitted’’ after ‘‘if that visual depiction was produced’’; and 

(D) inserting ‘‘or transmitted’’ after ‘‘has actually been 

transported’’; and 

(2) in subsection (b), by— 

(A) inserting ‘‘or for the purpose of transmitting a 

live visual depiction of such conduct’’ after ‘‘for the purpose 

of producing any visual depiction of such conduct’’; 

(B) inserting ‘‘or transmitted’’ after ‘‘person knows or 

has reason to know that such visual depiction will be 

transported’’; 

(C) inserting ‘‘or transmitted’’ after ‘‘if that visual depiction was produced’’; and 

(D) inserting ‘‘or transmitted’’ after ‘‘has actually been 

transported’’. 

SEC. 302. AMENDMENT TO SECTION 2256 OF TITLE 18, UNITED STATES 

CODE. 

Section 2256(5) of title 18, United States Code is amended 

by— 

(1) striking ‘‘and’’ before ‘‘data’’; 

(2) after ‘‘visual image’’ by inserting ‘‘, and data which 

is capable of conversion into a visual image that has been 

transmitted by any means, whether or not stored in a permanent format’’. 

SEC. 303. AMENDMENT TO SECTION 2260 OF TITLE 18, UNITED STATES 

CODE. 

Section 2260(a) of title 18, United States Code, is amended 

by— 

(1) inserting ‘‘or for the purpose of transmitting a live 

visual depiction of such conduct’’ after ‘‘for the purpose of 

producing any visual depiction of such conduct’’; and 

(2) inserting ‘‘or transmitted’’ after ‘‘imported’’. 

SEC. 304. PROHIBITING THE ADAPTATION OR MODIFICATION OF AN 

IMAGE OF AN IDENTIFIABLE MINOR TO PRODUCE CHILD 

PORNOGRAPHY. 

(a) OFFENSE.—Subsection (a) of section 2252A of title 18, United 

States Code, is amended— 

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

inserting a semicolon; 


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PUBLIC LAW 110–401—OCT. 13, 2008 122 STAT. 4243 

(2) in paragraph (6), by striking the period at the end 

and inserting ‘‘; or’’; and 

(3) by inserting after paragraph (6) the following: 

‘‘(7) knowingly produces with intent to distribute, or distributes, by any means, including a computer, in or affecting interstate or foreign commerce, child pornography that is an adapted 

or modified depiction of an identifiable minor.’’. 

(b) PUNISHMENT.—Subsection (b) of section 2252A of title 18, 

United States Code, is amended by adding at the end the following: 

‘‘(3) Whoever violates, or attempts or conspires to violate, 

subsection (a)(7) shall be fined under this title or imprisoned 

not more than 15 years, or both.’’. 

TITLE IV—NATIONAL INSTITUTE OF 

JUSTICE STUDY OF RISK FACTORS 

SEC. 401. NIJ STUDY OF RISK FACTORS FOR ASSESSING DANGEROUSNESS. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the National Institute of Justice shall prepare 

a report to identify investigative factors that reliably indicate 

whether a subject of an online child exploitation investigation poses 

a high risk of harm to children. Such a report shall be prepared 

in consultation and coordination with Federal law enforcement 

agencies, the National Center for Missing and Exploited Children, 

Operation Fairplay at the Wyoming Attorney General’s Office, the 

Internet Crimes Against Children Task Force, and other State 

and local law enforcement. 

(b) CONTENTS OF ANALYSIS.—The report required by subsection 

(a) shall include a thorough analysis of potential investigative factors in on-line child exploitation cases and an appropriate examination of investigative data from prior prosecutions and case files 

of identified child victims. 

(c) REPORT TO CONGRESS.—Not later than 1 year after the 

date of enactment of this Act, the National Institute of Justice 

shall submit a report to the House and Senate Judiciary Committees 

that includes the findings of the study required by this section 

and makes recommendations on technological tools and law enforcement procedures to help investigators prioritize scarce resources 

to those cases where there is actual hands-on abuse by the suspect. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated $500,000 to the National Institute of Justice 

to conduct the study required under this section. 

TITLE V—SECURING ADOLESCENTS 

FROM ONLINE EXPLOITATION 

SEC. 501. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION SERVICE PROVIDERS AND REMOTE COMPUTING 

SERVICE PROVIDERS. 

(a) IN GENERAL.—Chapter 110 of title 18, United States Code, 

is amended by inserting after section 2258 the following: 

Deadline. 

Reports. 


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122 STAT. 4244 PUBLIC LAW 110–401—OCT. 13, 2008 

‘‘SEC. 2258A. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION SERVICE PROVIDERS AND REMOTE COMPUTING SERVICE PROVIDERS. 

‘‘(a) DUTY TO REPORT.— ‘‘(1) IN GENERAL.—Whoever, while engaged in providing 

an electronic communication service or a remote computing 

service to the public through a facility or means of interstate 

or foreign commerce, obtains actual knowledge of any facts 

or circumstances described in paragraph (2) shall, as soon as 

reasonably possible— 

‘‘(A) provide to the CyberTipline of the National Center 

for Missing and Exploited Children, or any successor to 

the CyberTipline operated by such center, the mailing 

address, telephone number, facsimile number, electronic 

mail address of, and individual point of contact for, such 

electronic communication service provider or remote computing service provider; and 

‘‘(B) make a report of such facts or circumstances to 

the CyberTipline, or any successor to the CyberTipline 

operated by such center. 

‘‘(2) FACTS OR CIRCUMSTANCES.—The facts or circumstances 

described in this paragraph are any facts or circumstances 

from which there is an apparent violation of— 

‘‘(A) section 2251, 2251A, 2252, 2252A, 2252B, or 2260 

that involves child pornography; or 

‘‘(B) section 1466A. 

‘‘(b) CONTENTS OF REPORT.—To the extent the information is 

within the custody or control of an electronic communication service 

provider or a remote computing service provider, the facts and 

circumstances included in each report under subsection (a)(1) may 

include the following information: 

‘‘(1) INFORMATION ABOUT THE INVOLVED INDIVIDUAL.— 

Information relating to the identity of any individual who 

appears to have violated a Federal law described in subsection 

(a)(2), which may, to the extent reasonably practicable, include 

the electronic mail address, Internet Protocol address, uniform 

resource locator, or any other identifying information, including 

self-reported identifying information. 

‘‘(2) HISTORICAL REFERENCE.—Information relating to when 

and how a customer or subscriber of an electronic communication service or a remote computing service uploaded, transmitted, or received apparent child pornography or when and 

how apparent child pornography was reported to, or discovered 

by the electronic communication service provider or remote 

computing service provider, including a date and time stamp 

and time zone. 

‘‘(3) GEOGRAPHIC LOCATION INFORMATION.— 

‘‘(A) IN GENERAL.—Information relating to the 

geographic location of the involved individual or website, 

which may include the Internet Protocol address or verified 

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

1 form of geographic identifying information, including area 

code or zip code. 

‘‘(B) INCLUSION.—The information described in 

subparagraph (A) may also include any geographic information provided to the electronic communication service or 

remote computing service by the customer or subscriber. 

18 USC 2258A. 


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PUBLIC LAW 110–401—OCT. 13, 2008 122 STAT. 4245 

‘‘(4) IMAGES OF APPARENT CHILD PORNOGRAPHY.—Any image 

of apparent child pornography relating to the incident such 

report is regarding. 

‘‘(5) COMPLETE COMMUNICATION.—The complete communication containing any image of apparent child pornography, 

including— 

‘‘(A) any data or information regarding the transmission of the communication; and 

‘‘(B) any images, data, or other digital files contained 

in, or attached to, the communication. 

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

‘‘(1) IN GENERAL.—The National Center for Missing and 

Exploited Children shall forward each report made under subsection (a)(1) to any appropriate law enforcement agency designated by the Attorney General under subsection (d)(2). 

‘‘(2) STATE AND LOCAL LAW ENFORCEMENT.—The National 

Center for Missing and Exploited Children may forward any 

report made under subsection (a)(1) to an appropriate law 

enforcement official of a State or political subdivision of a 

State for the purpose of enforcing State criminal law. 

‘‘(3) FOREIGN LAW ENFORCEMENT.— 

‘‘(A) IN GENERAL.—The National Center for Missing 

and Exploited Children may forward any report made 

under subsection (a)(1) to any appropriate foreign law 

enforcement agency designated by the Attorney General 

under subsection (d)(3), subject to the conditions established by the Attorney General under subsection (d)(3). 

‘‘(B) TRANSMITTAL TO DESIGNATED FEDERAL AGENCIES.—If the National Center for Missing and Exploited 

Children forwards a report to a foreign law enforcement 

agency under subparagraph (A), the National Center for 

Missing and Exploited Children shall concurrently provide 

a copy of the report and the identity of the foreign law 

enforcement agency to— 

‘‘(i) the Attorney General; or 

‘‘(ii) the Federal law enforcement agency or agencies designated by the Attorney General under subsection (d)(2). 

‘‘(d) ATTORNEY GENERAL RESPONSIBILITIES.— 

‘‘(1) IN GENERAL.—The Attorney General shall enforce this 

section. 

‘‘(2) DESIGNATION OF FEDERAL AGENCIES.—The Attorney 

General shall designate promptly the Federal law enforcement 

agency or agencies to which a report shall be forwarded under 

subsection (c)(1). 

‘‘(3) DESIGNATION OF FOREIGN AGENCIES.—The Attorney 

General shall promptly— 

‘‘(A) in consultation with the Secretary of State, designate the foreign law enforcement agencies to which a 

report may be forwarded under subsection (c)(3); 

‘‘(B) establish the conditions under which such a report 

may be forwarded to such agencies; and 

‘‘(C) develop a process for foreign law enforcement 

agencies to request assistance from Federal law enforcement agencies in obtaining evidence related to a report 

referred under subsection (c)(3). 


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122 STAT. 4246 PUBLIC LAW 110–401—OCT. 13, 2008 

‘‘(4) REPORTING DESIGNATED FOREIGN AGENCIES.—The 

Attorney General shall maintain and make available to the 

Department of State, the National Center for Missing and 

Exploited Children, electronic communication service providers, 

remote computing service providers, the Committee on the 

Judiciary of the Senate, and the Committee on the Judiciary 

of the House of Representatives a list of the foreign law enforcement agencies designated under paragraph (3). 

‘‘(5) SENSE OF CONGRESS REGARDING DESIGNATION OF FOREIGN AGENCIES.—It is the sense of Congress that— 

‘‘(A) combating the international manufacturing, 

possession, and trade in online child pornography requires 

cooperation with competent, qualified, and appropriately 

trained foreign law enforcement agencies; and 

‘‘(B) the Attorney General, in cooperation with the 

Secretary of State, should make a substantial effort to 

expand the list of foreign agencies designated under paragraph (3). 

‘‘(6) NOTIFICATION TO PROVIDERS.—If an electronic communication service provider or remote computing service provider 

notifies the National Center for Missing and Exploited Children 

that the electronic communication service provider or remote 

computing service provider is making a report under this section as the result of a request by a foreign law enforcement 

agency, the National Center for Missing and Exploited Children 

shall— 

‘‘(A) if the Center forwards the report to the requesting 

foreign law enforcement agency or another agency in the 

same country designated by the Attorney General under 

paragraph (3), notify the electronic communication service 

provider or remote computing service provider of— 

‘‘(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; 

or 

‘‘(B) notify the electronic communication service provider or remote computing service provider if the Center 

declines to forward the report because the Center, in consultation with the Attorney General, determines that no 

law enforcement agency in the foreign country has been 

designated by the Attorney General under paragraph (3). 

‘‘(e) FAILURE TO REPORT.—An electronic communication service 

provider or remote computing service provider that knowingly and 

willfully fails to make a report required under subsection (a)(1) 

shall be fined— 

‘‘(1) in the case of an initial knowing and willful failure 

to make a report, not more than $150,000; and 

‘‘(2) in the case of any second or subsequent knowing and 

willful failure to make a report, not more than $300,000. 

‘‘(f) PROTECTION OF PRIVACY.—Nothing in this section shall 

be construed to require an electronic communication service provider or a remote computing service provider to— 

‘‘(1) monitor any user, subscriber, or customer of that provider; 

‘‘(2) monitor the content of any communication of any person described in paragraph (1); or 

Lists. 


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PUBLIC LAW 110–401—OCT. 13, 2008 122 STAT. 4247 

‘‘(3) affirmatively seek facts or circumstances described in 

sections (a) and (b). 

‘‘(g) CONDITIONS OF DISCLOSURE INFORMATION CONTAINED

WITHIN REPORT.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

a law enforcement agency that receives a report under subsection (c) shall not disclose any information contained in that 

report. 

‘‘(2) PERMITTED DISCLOSURES BY LAW ENFORCEMENT.— ‘‘(A) IN GENERAL.—A law enforcement agency may disclose information in a report received under subsection 

(c)— 

‘‘(i) to an attorney for the government for use in 

the performance of the official duties of that attorney; 

‘‘(ii) to such officers and employees of that law 

enforcement agency, as may be necessary in the 

performance of their investigative and recordkeeping 

functions; 

‘‘(iii) to such other government personnel 

(including personnel of a State or subdivision of a 

State) as are determined to be necessary by an attorney 

for the government to assist the attorney in the 

performance of the official duties of the attorney in 

enforcing Federal criminal law; 

‘‘(iv) if the report discloses a violation of State 

criminal law, to an appropriate official of a State or 

subdivision of a State for the purpose of enforcing 

such State law; 

‘‘(v) to a defendant in a criminal case or the 

attorney for that defendant, subject to the terms and 

limitations under section 3509(m) or a similar State 

law, to the extent the information relates to a criminal 

charge pending against that defendant; 

‘‘(vi) subject to subparagraph (B), to an electronic 

communication service provider or remote computing 

provider if necessary to facilitate response to legal 

process issued in connection to a criminal investigation, 

prosecution, or post-conviction remedy relating to that 

report; and 

‘‘(vii) as ordered by a court upon a showing of 

good cause and pursuant to any protective orders or 

other conditions that the court may impose. 

‘‘(B) LIMITATIONS.— 

‘‘(i) LIMITATIONS ON FURTHER DISCLOSURE.—The 

electronic communication service provider or remote 

computing service provider shall be prohibited from 

disclosing the contents of a report provided under 

subparagraph (A)(vi) to any person, except as necessary 

to respond to the legal process. 

‘‘(ii) EFFECT.—Nothing in subparagraph (A)(vi) 

authorizes a law enforcement agency to provide child 

pornography images to an electronic communications 

service provider or a remote computing service. 

‘‘(3) PERMITTED DISCLOSURES BY THE NATIONAL CENTER FOR

MISSING AND EXPLOITED CHILDREN.—The National Center for 

Missing and Exploited Children may disclose information 

received in a report under subsection (a) only— 


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122 STAT. 4248 PUBLIC LAW 110–401—OCT. 13, 2008 

‘‘(A) to any Federal law enforcement agency designated 

by the Attorney General under subsection (d)(2); 

‘‘(B) to any State, local, or tribal law enforcement 

agency involved in the investigation of child pornography, 

child exploitation, kidnapping, or enticement crimes; 

‘‘(C) to any foreign law enforcement agency designated 

by the Attorney General under subsection (d)(3); and 

‘‘(D) to an electronic communication service provider 

or remote computing service provider as described in section 2258C. 

‘‘(h) PRESERVATION.— ‘‘(1) IN GENERAL.—For the purposes of this section, the 

notification to an electronic communication service provider 

or a remote computing service provider by the CyberTipline 

of receipt of a report under subsection (a)(1) shall be treated 

as a request to preserve, as if such request was made pursuant 

to section 2703(f). 

‘‘(2) PRESERVATION OF REPORT.—Pursuant to paragraph (1), 

an electronic communication service provider or a remote computing service shall preserve the contents of the report provided 

pursuant to subsection (b) for 90 days after such notification 

by the CyberTipline. 

‘‘(3) PRESERVATION OF COMMINGLED IMAGES.—Pursuant to 

paragraph (1), an electronic communication service provider 

or a remote computing service shall preserve any images, data, 

or other digital files that are commingled or interspersed among 

the images of apparent child pornography within a particular 

communication or user-created folder or directory. 

‘‘(4) PROTECTION OF PRESERVED MATERIALS.—An electronic 

communications service or remote computing service preserving 

materials under this section shall maintain the materials in 

a secure location and take appropriate steps to limit access 

by agents or employees of the service to the materials to that 

access necessary to comply with the requirements of this subsection. 

‘‘(5) AUTHORITIES AND DUTIES NOT AFFECTED.—Nothing in 

this section shall be construed as replacing, amending, or otherwise interfering with the authorities and duties under section 

2703. 

‘‘SEC. 2258B. LIMITED LIABILITY FOR ELECTRONIC COMMUNICATION 

SERVICE PROVIDERS, REMOTE COMPUTING SERVICE 

PROVIDERS, OR DOMAIN NAME REGISTRAR. 

‘‘(a) IN GENERAL.—Except as provided in subsection (b), a civil 

claim or criminal charge against an electronic communication 

service provider, a remote computing service provider, or domain 

name registrar, including any director, officer, employee, or agent 

of such electronic communication service provider, remote computing service provider, or domain name registrar arising from 

the performance of the reporting or preservation responsibilities 

of such electronic communication service provider, remote computing service provider, or domain name registrar under this section, section 2258A, or section 2258C 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 electronic communication 

service provider, remote computing service provider, or domain 

18 USC 2258B. 


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PUBLIC LAW 110–401—OCT. 13, 2008 122 STAT. 4249 

name registrar, or a director, officer, employee, or agent of that 

electronic communication service provider, remote computing 

service provider, or domain name registrar— 

‘‘(1) engaged in intentional misconduct; or 

‘‘(2) acted, or failed to act— 

‘‘(A) with actual malice; 

‘‘(B) with reckless disregard to a substantial risk of 

causing physical injury without legal justification; or 

‘‘(C) for a purpose unrelated to the performance of 

any responsibility or function under this section, sections 

2258A, 2258C, 2702, or 2703. 

‘‘(c) MINIMIZING ACCESS.—An electronic communication service 

provider, a remote computing service provider, and domain name 

registrar shall— 

‘‘(1) minimize the number of employees that are provided 

access to any image provided under section 2258A or 2258C; 

and 

‘‘(2) ensure that any such image is permanently destroyed, 

upon a request from a law enforcement agency to destroy 

the image. 

‘‘SEC. 2258C. USE TO COMBAT CHILD PORNOGRAPHY OF TECHNICAL 

ELEMENTS RELATING TO IMAGES REPORTED TO THE 

CYBERTIPLINE. 

‘‘(a) ELEMENTS.— 

‘‘(1) IN GENERAL.—The National Center for Missing and 

Exploited Children may provide elements relating to any 

apparent child pornography image of an identified child to 

an electronic communication service provider or a remote computing service provider for the sole and exclusive purpose of 

permitting that electronic communication service provider or 

remote computing service provider to stop the further transmission of images. 

‘‘(2) INCLUSIONS.—The elements authorized under paragraph (1) may include hash values or other unique identifiers 

associated with a specific image, Internet location of images, 

and other technological elements that can be used to identify 

and stop the transmission of child pornography. 

‘‘(3) EXCLUSION.—The elements authorized under paragraph (1) may not include the actual images. 

‘‘(b) USE BY ELECTRONIC COMMUNICATION SERVICE PROVIDERS

AND REMOTE COMPUTING SERVICE PROVIDERS.—Any electronic 

communication service provider or remote computing service provider that receives elements relating to any apparent child pornography image of an identified child from the National Center for 

Missing and Exploited Children under this section may use such 

information only for the purposes described in this section, provided 

that such use shall not relieve that electronic communication service 

provider or remote computing service provider from its reporting 

obligations under section 2258A. 

‘‘(c) LIMITATIONS.—Nothing in subsections (a) or (b) requires 

electronic communication service providers or remote computing 

service providers receiving elements relating to any apparent child 

pornography image of an identified child from the National Center 

for Missing and Exploited Children to use the elements to stop 

the further transmission of the images. 

18 USC 2258C. 


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122 STAT. 4250 PUBLIC LAW 110–401—OCT. 13, 2008 

‘‘(d) PROVISION OF ELEMENTS TO LAW ENFORCEMENT.—The 

National Center for Missing and Exploited Children shall make 

available to Federal, State, and local law enforcement involved 

in the investigation of child pornography crimes elements, including 

hash values, relating to any apparent child pornography image 

of an identified child reported to the National Center for Missing 

and Exploited Children. 

‘‘(e) USE BY LAW ENFORCEMENT.—Any Federal, State, or local 

law enforcement agency that receives elements relating to any 

apparent child pornography image of an identified child from the 

National Center for Missing and Exploited Children under section 

(d) may use such elements only in the performance of the official 

duties of that agency to investigate child pornography crimes. 

‘‘SEC. 2258D. LIMITED LIABILITY FOR THE NATIONAL CENTER FOR 

MISSING AND EXPLOITED CHILDREN. 

‘‘(a) IN GENERAL.—Except as provided in subsections (b) and 

(c), a civil claim or criminal charge against the National Center 

for Missing and Exploited Children, including any director, officer, 

employee, or agent of such center, arising from the performance 

of the CyberTipline responsibilities or functions of such center, 

as described in this section, section 2258A or 2258C of this title, 

or section 404 of the Missing Children’s Assistance Act (42 U.S.C. 

5773), or from the effort of such center to identify child victims 

may not be brought in any Federal or State court. 

‘‘(b) INTENTIONAL, RECKLESS, OR OTHER MISCONDUCT.—Subsection (a) shall not apply to a claim or charge if the National 

Center for Missing and Exploited Children, or a director, officer, 

employee, or agent of such center— 

‘‘(1) engaged in intentional misconduct; or 

‘‘(2) acted, or failed to act— 

‘‘(A) with actual malice; 

‘‘(B) with reckless disregard to a substantial risk of 

causing injury without legal justification; or 

‘‘(C) for a purpose unrelated to the performance of 

any responsibility or function under this section, section 

2258A or 2258C of this title, or section 404 of the Missing 

Children’s Assistance Act (42 U.S.C. 5773). 

‘‘(c) ORDINARY BUSINESS ACTIVITIES.—Subsection (a) shall not 

apply to an act or omission relating to an ordinary business activity, 

including general administration or operations, the use of motor 

vehicles, or personnel management. 

‘‘(d) MINIMIZING ACCESS.—The National Center for Missing and 

Exploited Children shall— 

‘‘(1) minimize the number of employees that are provided 

access to any image provided under section 2258A; and 

‘‘(2) ensure that any such image is permanently destroyed 

upon notification from a law enforcement agency. 

‘‘SEC. 2258E. DEFINITIONS. 

‘‘In sections 2258A through 2258D— 

‘‘(1) the terms ‘attorney for the government’ and ‘State’ 

have the meanings given those terms in rule 1 of the Federal 

Rules of Criminal Procedure; 

‘‘(2) the term ‘electronic communication service’ has the 

meaning given that term in section 2510; 

18 USC 2258E. 

18 USC 2258D. 


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PUBLIC LAW 110–401—OCT. 13, 2008 122 STAT. 4251 

‘‘(3) the term ‘electronic mail address’ has the meaning 

given that term in section 3 of the CAN–SPAM Act of 2003 

(15 U.S.C. 7702); 

‘‘(4) the term ‘Internet’ has the meaning given that term 

in section 1101 of the Internet Tax Freedom Act (47 U.S.C. 

151 note); 

‘‘(5) the term ‘remote computing service’ has the meaning 

given that term in section 2711; and 

‘‘(6) the term ‘website’ means any collection of material 

placed in a computer server-based file archive so that it is 

publicly accessible, over the Internet, using hypertext transfer 

protocol or any successor protocol.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.— (1) REPEAL OF SUPERCEDED PROVISION.—Section 227 of the 

Crime Control Act of 1990 (42 U.S.C. 13032) is repealed. 

(2) TECHNICAL CORRECTIONS.—Section 2702 of title 18, 

United States Code, is amended— 

(A) in subsection (b)(6), by striking ‘‘section 227 of 

the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032)’’ 

and inserting ‘‘section 2258A’’; and 

(B) in subsection (c)(5), by striking ‘‘section 227 of 

the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032)’’ 

and inserting ‘‘section 2258A’’. 

(3) TABLE OF SECTIONS.—The table of sections for chapter 

110 of title 18, United States Code, is amended by inserting 

after the item relating to section 2258 the following: 

‘‘2258A. Reporting requirements of electronic communication service providers and 

remote computing service providers. 

‘‘2258B. Limited liability for electronic communication service providers and remote 

computing service providers. 

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

reported to the CyberTipline. 

‘‘2258D. Limited liability for the National Center for Missing and Exploited Children. 

‘‘2258E. Definitions.’’. 

SEC. 502. REPORTS. 

(a) ATTORNEY GENERAL REPORT ON IMPLEMENTATION, INVESTIGATIVE METHODS AND INFORMATION SHARING.—Not later than 

12 months after the date of enactment of this Act, the Attorney 

General shall submit a report to the Committee on the Judiciary 

of Senate and the Committee on the Judiciary of the House of 

Representatives on— 

(1) the structure established in this Act, including the 

respective functions of the National Center for Missing and 

Exploited Children, Department of Justice, and other entities 

that participate in information sharing under this Act; 

(2) an assessment of the legal and constitutional implications of such structure; 

(3) the privacy safeguards contained in the reporting 

requirements, including the training, qualifications, recruitment and screening of all Federal and non-Federal personnel 

implementing this Act; and 

(4) information relating to the aggregate number of 

incidents reported under section 2258A(b) of title 18, United 

States Code, to Federal and State law enforcement agencies 

based on the reporting requirements under this Act and the 

aggregate number of times that elements are provided to 


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122 STAT. 4252 PUBLIC LAW 110–401—OCT. 13, 2008 

communication service providers under section 2258C of such 

title. 

(b) GAO AUDIT AND REPORT ON EFFICIENCY AND EFFECTIVENESS.—Not later than 2 years after the date of enactment of this 

Act, the Comptroller General shall conduct an audit and submit 

a report to the Committee on the Judiciary of the Senate and 

to the Committee on the Judiciary of the House of Representatives 

on— 

(1) the efforts, activities, and actions of the CyberTipline 

of the National Center for Missing and Exploited Children, 

or any successor to the CyberTipline, and the Attorney General 

in achieving the goals and purposes of this Act, as well as 

in carrying out any responsibilities or duties assigned to each 

such individual or agency under this Act; 

(2) any legislative, administrative, or regulatory changes 

that the Comptroller General recommends be taken by or on 

behalf of the Attorney General to better achieve such goals 

and purposes, and to more effectively carry out such responsibilities and duties; 

(3) the effectiveness of any actions taken and efforts made 

by the CyberTipline of the National Center for Missing and 

Exploited Children, or any successor to the CyberTipline and 

the Attorney General to— 

(A) minimize duplicating the efforts, materials, facilities, and procedures of any other Federal agency responsible for the enforcement, investigation, or prosecution of 

child pornography crimes; and 

(B) enhance the efficiency and consistency with which 

Federal funds and resources are expended to enforce, investigate, or prosecute child pornography crimes, including 

the use of existing personnel, materials, technologies, and 

facilities; and 

(4) any actions or efforts that the Comptroller General 

recommends be taken by the Attorney General to reduce 

duplication of efforts and increase the efficiency and consistency 

with which Federal funds and resources are expended to 

enforce, investigate, or prosecute child pornography crimes. 

SEC. 503. SEVERABILITY. 

If any provision of this title or amendment made by this title 

is held to be unconstitutional, the remainder of the provisions 

of this title or amendments made by this title— 

(1) shall remain in full force and effect; and 

18 USC 2251 

note. 


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PUBLIC LAW 110–401—OCT. 13, 2008 122 STAT. 4253 

LEGISLATIVE HISTORY—S. 1738 (H.R. 3845): 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

Sept. 25, considered and passed Senate. 

Sept. 27, considered and passed House. 

Æ 

(2) shall not be affected by the holding. 

Approved October 13, 2008. 


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