PUBLIC LAW 110–400—OCT. 13, 2008 

KEEPING THE INTERNET DEVOID OF SEXUAL 

PREDATORS ACT OF 2008 


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122 STAT. 4224 PUBLIC LAW 110–400—OCT. 13, 2008 

Public Law 110–400 

110th Congress 

An Act 

To require convicted sex offenders to register online identifiers, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Keeping the Internet Devoid 

of Sexual Predators Act of 2008’’ or the ‘‘KIDS Act of 2008’’. 

SEC. 2. DIRECTION TO THE ATTORNEY GENERAL. 

(a) REQUIREMENT THAT SEX OFFENDERS PROVIDE CERTAIN

INTERNET RELATED INFORMATION TO SEX OFFENDER REGISTRIES.— 

The Attorney General, using the authority provided in section 

114(a)(7) of the Sex Offender Registration and Notification Act, 

shall require that each sex offender provide to the sex offender 

registry those Internet identifiers the sex offender uses or will 

use of any type that the Attorney General determines to be appropriate under that Act. These records of Internet identifiers shall 

be subject to the Privacy Act (5 U.S.C. 552a) to the same extent 

as the other records in the National Sex Offender Registry. 

(b) TIMELINESS OF REPORTING OF INFORMATION.—The Attorney 

General, using the authority provided in section 112(b) of the Sex 

Offender Registration and Notification Act, shall specify the time 

and manner for keeping current information required to be provided 

under this section. 

(c) NONDISCLOSURE TO GENERAL PUBLIC.—The Attorney General, using the authority provided in section 118(b)(4) of the Sex 

Offender Registration and Notification Act, shall exempt from 

disclosure all information provided by a sex offender under subsection (a). 

(d) NOTICE TO SEX OFFENDERS OF NEW REQUIREMENTS.—The 

Attorney General shall ensure that procedures are in place to 

notify each sex offender of changes in requirements that apply 

to that sex offender as a result of the implementation of this 

section. 

(e) DEFINITIONS.— 

(1) OF ‘‘SOCIAL NETWORKING WEBSITE’’.—As used in this 

Act, the term ‘‘social networking website’’— 

(A) means an Internet website— 

(i) that allows users, through the creation of web 

pages or profiles or by other means, to provide information about themselves that is available to the public 

or to other users; and 

Procedures. 

Records. 

42 USC 16915a. 

Keeping the 

Internet Devoid 

of Sexual 

Predators 

Act of 2008. 

42 USC 16901 

note. 

Oct. 13, 2008 

[S. 431] 


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PUBLIC LAW 110–400—OCT. 13, 2008 122 STAT. 4225 

(ii) that offers a mechanism for communication 

with other users where such users are likely to include 

a substantial number of minors; and 

(iii) whose primary purpose is to facilitate online 

social interactions; and 

(B) includes any contractors or agents used by the 

website to act on behalf of the website in carrying out 

the purposes of this Act. 

(2) OF ‘‘INTERNET IDENTIFIERS’’.—As used in this Act, the 

term ‘‘Internet identifiers’’ means electronic mail addresses and 

other designations used for self-identification or routing in 

Internet communication or posting. 

(3) OTHER TERMS.—A term defined for the purposes of 

the Sex Offender Registration and Notification Act has the 

same meaning in this Act. 

SEC. 3. CHECKING SYSTEM FOR SOCIAL NETWORKING WEBSITES. 

(a) IN GENERAL.— 

(1) SECURE SYSTEM FOR COMPARISONS.—The Attorney General shall establish and maintain a secure system that permits 

social networking websites to compare the information contained in the National Sex Offender Registry with the Internet 

identifiers of users of the social networking websites, and view 

only those Internet identifiers that match. The system— 

(A) shall not require or permit any social networking 

website to transmit Internet identifiers of its users to the 

operator of the system, and 

(B) shall use secure procedures that preserve the 

secrecy of the information made available by the Attorney 

General, including protection measures that render the 

Internet identifiers and other data elements indecipherable. 

(2) PROVISION OF INFORMATION RELATING TO IDENTITY.— 

Upon receiving a matched Internet identifier, the social networking website may make a request of the Attorney General 

for, and the Attorney General shall provide promptly, information related to the identity of the individual that has registered 

the matched Internet identifier. This information is limited 

to the name, sex, resident address, photograph, and physical 

description. 

(b) QUALIFICATION FOR USE OF SYSTEM.—A social networking 

website seeking to use the system shall submit an application 

to the Attorney General which provides— 

(1) the name and legal status of the website; 

(2) the contact information for the website; 

(3) a description of the nature and operations of the website; 

(4) a statement explaining why the website seeks to use 

the system; 

(5) a description of policies and procedures to ensure that— 

(A) any individual who is denied access to that website 

on the basis of information obtained through the system 

is promptly notified of the basis for the denial and has 

the ability to challenge the denial of access; and 

(B) if the social networking website finds that information is inaccurate, incomplete, or cannot be verified, the 

site immediately notifies the appropriate State registry 

and the Department of Justice, so that they may delete 

Notification. 

Procedures. 

42 USC 16915b. 


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122 STAT. 4226 PUBLIC LAW 110–400—OCT. 13, 2008 

or correct that information in the respective State and 

national databases; 

(6) the identity and address of, and contact information 

for, any contractor that will be used by the social networking 

website to use the system; and 

(7) such other information or attestations as the Attorney 

General may require to ensure that the website will use the 

system— 

(A) to protect the safety of the users of such website; 

and 

(B) for the limited purpose of making the automated 

comparison described in subsection (a). 

(c) SEARCHES AGAINST THE SYSTEM.— (1) FREQUENCY OF USE OF THE SYSTEM.—A social networking website approved by the Attorney General to use the 

system may conduct searches under the system as frequently 

as the Attorney General may allow. 

(2) AUTHORITY OF ATTORNEY GENERAL TO SUSPEND USE.— 

The Attorney General may deny, suspend, or terminate use 

of the system by a social networking website that— 

(A) provides false information in its application for 

use of the system; 

(B) may be using or seeks to use the system for any 

unlawful or improper purpose; 

(C) fails to comply with the procedures required under 

subsection (b)(5); or 

(D) uses information obtained from the system in any 

way that is inconsistent with the purposes of this Act. 

(3) LIMITATION ON RELEASE OF INTERNET IDENTIFIERS.— 

(A) NO PUBLIC RELEASE.—Neither the Attorney General 

nor a social networking website approved to use the system 

may release to the public any list of the Internet identifiers 

of sex offenders contained in the system. 

(B) ADDITIONAL LIMITATIONS.—The Attorney General 

shall limit the release of information obtained through 

the use of the system established under subsection (a) 

by social networking websites approved to use such system. 

(C) STRICT ADHERENCE TO LIMITATION.—The use of the 

system established under subsection (a) by a social networking website shall be conditioned on the website’s agreement to observe the limitations required under this paragraph. 

(D) RULE OF CONSTRUCTION.—This subsection shall not 

be construed to limit the authority of the Attorney General 

under any other provision of law to conduct or to allow 

searches or checks against sex offender registration 

information. 

(4) PAYMENT OF FEE.—A social networking website 

approved to use the system shall pay any fee established by 

the Attorney General for use of the system. 

(5) LIMITATION ON LIABILITY.— (A) IN GENERAL.—A civil claim against a social networking website, including any director, officer, employee, 

parent, contractor, or agent of that 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. 


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PUBLIC LAW 110–400—OCT. 13, 2008 122 STAT. 4227 

(B) INTENTIONAL, RECKLESS, OR OTHER MISCONDUCT.— 

Subparagraph (A) does not apply to a claim if the social 

networking website, or a director, officer, employee, parent, 

contractor, or agent of that 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) MINIMIZING ACCESS.—A social networking website 

shall minimize the number of employees that are provided 

access to the Internet identifiers for which a match has 

been found through the system. 

(6) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to require any Internet website, including a social 

networking website, to use the system, and no Federal or 

State liability, or any other actionable adverse consequence, 

shall be imposed on such website based on its decision not 

to do so. 

SEC. 4. MODIFICATION OF MINIMUM STANDARDS REQUIRED FOR 

ELECTRONIC MONITORING UNITS USED IN SEXUAL 

OFFENDER MONITORING PILOT PROGRAM. 

(a) IN GENERAL.—Subparagraph (C) of section 621(a)(1) of the 

Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 

16981(a)(1)) is amended to read as follows: 

‘‘(C) MINIMUM STANDARDS.—The electronic monitoring 

units used in the pilot program shall at a minimum— 

‘‘(i) provide a tracking device for each offender 

that contains a central processing unit with global 

positioning system; and 

‘‘(ii) permit continuous monitoring of offenders 24 

hours a day.’’. 


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122 STAT. 4228 PUBLIC LAW 110–400—OCT. 13, 2008 

LEGISLATIVE HISTORY—S. 431 (H.R. 719): 

SENATE REPORTS: No. 110–332 (Comm. on the Judiciary). 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

May 20, considered and passed Senate. 

Sept. 27, considered and passed House, amended. 

Sept. 30, Senate concurred in House amendment. 

Æ 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply to grants provided on or after the date of the enactment 

of this Act. 

Approved October 13, 2008. 


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