I 

115TH CONGRESS 

1ST SESSION H. R. 4447 

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

reporting requirement of certain service providers regarding child sexual 

exploitation visual depictions, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 16, 2017 

Mr. SENSENBRENNER (for himself and Mr. RATCLIFFE) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to make certain 

changes to the reporting requirement of certain service 

providers regarding child sexual exploitation visual depictions, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘CyberTipline Mod5 ernization Act of 2017’’. 


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1 SEC. 2. ALTERATIONS TO REPORTING REQUIREMENTS FOR 

2 ELECTRONIC SERVICE PROVIDERS AND RE3 MOTE COMPUTING SERVICE PROVIDERS. 

4 Section 2258A of title 18, United States Code, is 

5 amended— 

6 (1) in the heading, by striking ‘‘ELECTRONIC

7 COMMUNICATION SERVICE PROVIDERS AND

8 REMOTE COMPUTING SERVICE PROVIDERS’’ 

9 and inserting ‘‘PROVIDERS’’; 

10 (2) by striking ‘‘ the National Center for Miss11 ing and Exploited Children’’ each place such term 

12 appears and inserting ‘‘NCMEC’’; 

13 (3) in subsection (a)— 

14 (A) by amending paragraph (1) to read as 

15 follows: 

16 ‘‘(1) IN GENERAL.— 

17 ‘‘(A) DUTY.—In order to reduce the pro18 liferation of online child sexual exploitation and 

19 to prevent the online sexual exploitation of chil20 dren, a provider— 

21 ‘‘(i) shall, as soon as reasonably pos22 sible after obtaining actual knowledge of 

23 any facts or circumstances described in 

24 paragraph (2)(A), take the actions de25 scribed in subparagraph (B); and 


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1 ‘‘(ii) may, after obtaining actual 

2 knowledge of any facts or circumstances 

3 described in paragraph (2)(B), take the ac4 tions described in subparagraph (B). 

5 ‘‘(B) ACTIONS DESCRIBED.—The actions 

6 described in this subparagraph are— 

7 ‘‘(i) providing to the CyberTipline of 

8 NCMEC, or any successor to the Cyber9 Tipline operated by NCMEC, the mailing 

10 address, telephone number, facsimile num11 ber, electronic mailing address of, and indi12 vidual point of contact for, such provider; 

13 and 

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

15 circumstances to the CyberTipline, or any 

16 successor to the CyberTipline operated by 

17 NCMEC.’’; and 

18 (B) by amending paragraph (2) to read as 

19 follows: 

20 ‘‘(2) FACTS OR CIRCUMSTANCES.— 

21 ‘‘(A) APPARENT VIOLATIONS.—The facts 

22 or circumstances described in this subparagraph 

23 are any facts or circumstances from which there 

24 is an apparent violation of section 2251, 


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1 2251A, 2252, 2252A, 2252B, or 2260 that in2 volves child pornography. 

3 ‘‘(B) IMMINENT VIOLATIONS.—The facts 

4 or circumstances described in this subparagraph 

5 are any facts or circumstances which indicate a 

6 violation of any of the sections described in sub7 paragraph (A) involving child pornography may 

8 be planned or imminent.’’; 

9 (4) in subsection (b)— 

10 (A) in the matter preceding paragraph 

11 (1)— 

12 (i) by striking ‘‘To the extent’’ and in13 serting ‘‘In an effort to prevent the future 

14 sexual victimization of children, and to the 

15 extent’’; 

16 (ii) by striking ‘‘an electronic commu17 nication service provider or a remote com18 puting service provider’’ and inserting ‘‘a 

19 provider’’; and 

20 (iii) by striking ‘‘may include’’ and in21 serting ‘‘may, at the sole discretion of the 

22 provider, include’’; 

23 (B) in paragraph (1)— 

24 (i) by inserting ‘‘or plans to violate’’ 

25 after ‘‘who appears to have violated’’; and 


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1 (ii) by inserting ‘‘payment information 

2 (excluding personally identifiable informa3 tion),’’ after ‘‘uniform resource locator,’’; 

4 (C) in paragraph (2)— 

5 (i) by striking ‘‘an electronic commu6 nication service provider or a remote com7 puting service provider’’ and inserting ‘‘a 

8 provider’’; 

9 (ii) by striking ‘‘apparent child por10 nography’’ each place it appears and in11 serting ‘‘content relating to the report’’; 

12 and 

13 (iii) by striking ‘‘the electronic com14 munication service provider or a remote 

15 computing service provider’’ and inserting 

16 ‘‘the provider’’; 

17 (D) by amending paragraph (3) to read as 

18 follows: 

19 ‘‘(3) GEOGRAPHIC LOCATION INFORMATION.— 

20 Information relating to the geographic location of 

21 the involved individual or website, which may include 

22 the Internet Protocol address or verified address, or, 

23 if not reasonably available, at least one form of geo24 graphic identifying information, including area code 


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

2 or stored or obtained by the provider.’’; 

3 (E) in paragraph (4)— 

4 (i) in the heading by striking ‘‘IM5 AGES’’ and inserting ‘‘VISUAL DEPIC6 TIONS’’; 

7 (ii) by striking ‘‘image’’ and inserting 

8 ‘‘visual depiction’’; and 

9 (iii) by inserting ‘‘or other content’’ 

10 after ‘‘apparent child pornography’’; and 

11 (F) in paragraph (5)— 

12 (i) by striking ‘‘image’’ and inserting 

13 ‘‘visual depiction’’; 

14 (ii) by inserting ‘‘or other content’’ 

15 after ‘‘apparent child pornography’’; and 

16 (iii) by striking ‘‘images’’ and insert17 ing ‘‘visual depictions’’; 

18 (5) by amending subsection (c) to read as fol19 lows: 

20 ‘‘(c) Pursuant to its clearinghouse role as a private, 

21 nonprofit organization, and at the conclusion of its non22 profit review, NCMEC shall make available each report 

23 made under subsection (a)(1) to one or more of the fol24 lowing law enforcement agencies: 


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

2 is involved in the investigation of child sexual exploi3 tation. 

4 ‘‘(2) Any State or local law enforcement agency 

5 that is involved in the investigation of child sexual 

6 exploitation. 

7 ‘‘(3) A foreign law enforcement agency des8 ignated by the Attorney General under subsection 

9 (d)(3) or a foreign law enforcement agency that has 

10 an established relationship with the Federal Bureau 

11 of Investigation, Immigration and Customs Enforce12 ment, or INTERPOL, and is involved in the inves13 tigation of child sexual exploitation, kidnapping, or 

14 enticement crimes.’’; 

15 (6) in subsection (d)— 

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

17 designate promptly the’’ and inserting ‘‘may 

18 designate a’’; 

19 (B) in paragraph (3)— 

20 (i) in the matter preceding subpara21 graph (A), by striking ‘‘shall promptly’’ 

22 and inserting ‘‘may’’; and 

23 (ii) in subparagraph (A), by striking 

24 ‘‘designate the’’ and inserting ‘‘designate’’; 

25 (C) in paragraph (4)— 


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1 (i) by striking ‘‘shall’’ and inserting 

2 ‘‘may’’; 

3 (ii) by striking ‘‘electronic commu4 nication service providers, remote com5 puting service providers’’ and inserting 

6 ‘‘providers’’; 

7 (D) by striking paragraph (5); 

8 (E) by redesignating paragraph (6) as 

9 paragraph (5); and 

10 (F) in paragraph (5) (as so redesig11 nated)— 

12 (i) in the matter preceding subpara13 graph (A)— 

14 (I) by striking ‘‘an electronic 

15 communication service provider or re16 mote computing service provider’’ and 

17 inserting ‘‘a provider’’; 

18 (II) by striking ‘‘the electronic 

19 communication service provider or re20 mote computing service provider’’ and 

21 inserting ‘‘the provider’’; and 

22 (III) by striking ‘‘shall’’ and in23 serting ‘‘may’’; 

24 (ii) in subparagraph (A)— 


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1 (I) by striking ‘‘the Center’’ and 

2 inserting ‘‘NCMEC’’; 

3 (II) by inserting after ‘‘des4 ignated by the Attorney General 

5 under paragraph (3)’’ the following: 

6 ‘‘or that has an established relation7 ship with the Federal Bureau of In8 vestigation, Immigration and Customs 

9 Enforcement, or INTERPOL, and is 

10 involved in the investigation of child 

11 sexual exploitation, kidnapping, or en12 ticement crimes’’; and 

13 (III) by striking ‘‘electronic com14 munication service provider or remote 

15 computing service provider’’ and in16 serting ‘‘provider’’; 

17 (iii) by amending subparagraph (B) to 

18 read as follows: 

19 ‘‘(B) notify the provider if NCMEC was 

20 unable to forward the report.’’; 

21 (7) in subsection (e), by striking ‘‘An electronic 

22 communication service provider or remote computing 

23 service provider’’ and inserting ‘‘A provider’’; 

24 (8) in subsection (f)— 


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

2 by striking ‘‘an electronic communication serv3 ice provider or remote computing service pro4 vider’’ and inserting ‘‘a provider’’; 

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

6 and inserting ‘‘search, screen, or scan for’’; 

7 (9) in subsection (g)— 

8 (A) in paragraph (2)— 

9 (i) in subparagraph (A)(vi), by strik10 ing ‘‘an electronic communication service 

11 provider or remote computing service pro12 vider’’ and inserting ‘‘a provider’’; and 

13 (ii) by amending subparagraph (B) to 

14 read as follows: 

15 ‘‘(B) LIMITATION.—Nothing in subpara16 graph (A)(vi) authorizes a law enforcement 

17 agency to provide visual depictions of apparent 

18 child pornography to a provider.’’; 

19 (B) in paragraph (3)— 

20 (i) in the matter preceding subpara21 graph (A)— 

22 (I) by inserting after ‘‘may dis23 close’’ the following: ‘‘by mail, elec24 tronic transmission, or other reason25 able means,’’; and 


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1 (II) by striking ‘‘only’’ and in2 serting ‘‘only to’’; 

3 (ii) in subparagraph (A)— 

4 (I) by striking ‘‘ to any Federal 

5 law enforcement agency’’ and insert6 ing ‘‘any Federal law enforcement 

7 agency’’; and 

8 (II) by inserting before the semi9 colon at the end the following: ‘‘or 

10 that is involved in the investigation of 

11 child sexual exploitation, kidnapping, 

12 or enticement crimes’’; 

13 (iii) in subparagraph (B)— 

14 (I) by striking ‘‘to any State’’ 

15 and inserting ‘‘any State’’; and 

16 (II) by striking ‘‘child pornog17 raphy, child exploitation’’ and insert18 ing ‘‘child sexual exploitation’’; 

19 (iv) in subparagraph (C)— 

20 (I) by striking ‘‘to any foreign 

21 law enforcement agency’’ and insert22 ing ‘‘any foreign law enforcement 

23 agency’’; and 

24 (II) by striking ‘‘; and’’ and in25 serting ‘‘or that has an established reVerDate Sep 11 2014 02:22 Nov 23, 2017 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.IH H4447

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1 lationship with the Federal Bureau of 

2 Investigation, Immigration and Cus3 toms Enforcement, or INTERPOL, 

4 and is involved in the investigation of 

5 child sexual exploitation, kidnapping, 

6 or enticement crimes;’’; 

7 (v) in subparagraph (D)— 

8 (I) by striking ‘‘to an electronic 

9 communication service provider or re10 mote computing service provider’’ and 

11 inserting ‘‘a provider’’; and 

12 (II) by striking the period at the 

13 end and inserting ‘‘; and’’; and 

14 (vi) by adding after subparagraph (D) 

15 the following: 

16 ‘‘(E) respond to legal process, as nec17 essary.’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(4) PERMITTED DISCLOSURE BY A PRO20 VIDER.—A provider that submits a report under 

21 subsection (a)(1) may disclose by mail, electronic 

22 transmission, or other reasonable means, informa23 tion, including visual depictions contained in the re24 port, in a manner consistent with permitted disclo25 sures under paragraphs (3) through (8) of section 


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1 2702(b) only to a law enforcement agency described 

2 in subparagraph (A), (B), or (C), of paragraph (3), 

3 to NCMEC, or as necessary to respond to legal proc4 ess.’’; and 

5 (10) in subsection (h)— 

6 (A) in paragraph (1)— 

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

8 electronic communication service provider 

9 or a remote computing service provider by 

10 the CyberTipline’’ and inserting ‘‘a com11 pleted submission by a provider of a report 

12 to the CyberTipline’’; and 

13 (ii) by striking ‘‘, as if such request 

14 was made pursuant to section 2703(f)’’ 

15 and inserting ‘‘the contents provided in the 

16 report for 90 days after the submission to 

17 the CyberTipline’’; 

18 (B) by striking paragraph (2); 

19 (C) by redesignating paragraphs (3) 

20 through (5) as paragraphs (2) through (4), re21 spectively; 

22 (D) in paragraph (2) (as so redesig23 nated)— 

24 (i) in the heading, by striking ‘‘IM25 AGES’’ and inserting ‘‘CONTENT’’; 


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1 (ii) by striking ‘‘an electronic commu2 nication service provider or a remote com3 puting service’’ and inserting ‘‘a provider’’; 

4 (iii) by inserting ‘‘videos,’’ after ‘‘im5 ages,’’; and 

6 (iv) by striking ‘‘commingled or inter7 spersed among the images of apparent 

8 child pornography within a particular com9 munication or user created folder or direc10 tory’’ and inserting ‘‘reasonably accessible 

11 and may provide context or additional in12 formation about the reported material or 

13 person’’; and 

14 (E) in paragraph (3) (as so redesignated), 

15 by striking ‘‘An electronic communication serv16 ice provider or a remote computing service’’ and 

17 inserting ‘‘A provider’’. 

18 SEC. 3. LIMITED LIABILITY FOR PROVIDERS OR DOMAIN 

19 NAME REGISTRARS. 

20 Section 2258B of title 18, United States Code, is 

21 amended— 

22 (1) in the heading— 

23 (A) by striking ‘‘electronic commu24 nication service providers, remote 


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1 computing service providers,’’ and in2 serting ‘‘providers’’; and 

3 (B) by striking ‘‘registrar’’ and insert4 ing ‘‘registrars’’; 

5 (2) in subsection (a)— 

6 (A) by striking ‘‘an electronic communica7 tion service provider, remote computing service 

8 provider,’’ and inserting ‘‘a provider’’; and 

9 (B) by striking ‘‘such electronic commu10 nication service provider, remote computing 

11 service provider,’’ and inserting ‘‘such pro12 vider’’; 

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

14 communication service provider, remote computing 

15 service provider,’’ each place it appears and inserting 

16 ‘‘provider’’; and 

17 (4) in subsection (c)— 

18 (A) by striking ‘‘image’’ each place it ap19 pears and inserting ‘‘visual depiction’’; 

20 (B) in the matter preceding paragraph (1), 

21 by striking ‘‘An electronic communication serv22 ice provider, a remote computing service pro23 vider,’’ and inserting ‘‘A provider’’. 


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1 SEC. 4. USE TO COMBAT CHILD PORNOGRAPHY OF TECH2 NICAL ELEMENTS RELATING TO REPORTS 

3 MADE TO CYBERTIPLINE. 

4 Section 2258C of title 18, United States Code, is 

5 amended— 

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

7 reported to’’ and inserting ‘‘to reports made 

8 to’’; 

9 (2) in subsection (a)— 

10 (A) in paragraph (1)— 

11 (i) by striking ‘‘The National Center 

12 for Missing and Exploited Children’’ and 

13 inserting ‘‘NCMEC’’; 

14 (ii) by striking ‘‘apparent child por15 nography image of an identified child’’ and 

16 inserting ‘‘CyberTipline report’’; 

17 (iii) by striking ‘‘an electronic commu18 nication service provider or a remote com19 puting service provider’’ and inserting ‘‘a 

20 provider’’; 

21 (iv) by striking ‘‘that electronic com22 munication service provider or remote com23 puting service provider’’ and inserting 

24 ‘‘that provider’’; and 


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1 (v) by striking ‘‘further transmission 

2 of images’’ and inserting ‘‘online sexual ex3 ploitation of children’’; 

4 (B) in paragraph (2), by striking ‘‘specific 

5 image, Internet location of images, and other 

6 technological elements that can be used to iden7 tify and stop the transmission of child pornog8 raphy’’ and inserting ‘‘specific visual depiction, 

9 including an Internet location and any other 

10 elements provided in a CyberTipline report that 

11 can be used to identify, prevent, curtail, or stop 

12 the transmission of child pornography and pre13 vent the online sexual exploitation of children’’; 

14 and 

15 (C) in paragraph (3), by striking ‘‘actual 

16 images’’ and inserting ‘‘actual visual depictions 

17 of apparent child pornography’’; 

18 (3) in subsection (b)— 

19 (A) in the heading, by striking ‘‘elec20 tronic communication service pro21 viders and remote computing service 

22 providers’’ and inserting ‘‘providers’’; 

23 (B) by striking ‘‘electronic communication 

24 service provider or remote computing service 


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1 provider’’ each place it appears and inserting 

2 ‘‘provider’’; 

3 (C) by striking ‘‘apparent child pornog4 raphy image of an identified child from the Na5 tional Center for Missing and Exploited Chil6 dren’’ and inserting ‘‘CyberTipline report from 

7 NCMEC’’; 

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

9 inserting ‘‘shall not affect the’’; and 

10 (E) by striking ‘‘its reporting obligations’’ 

11 and inserting ‘‘reporting’’; 

12 (4) in subsection (c)— 

13 (A) by striking ‘‘electronic communication 

14 service providers or remote computing service 

15 providers’’ and inserting ‘‘providers’’; 

16 (B) by striking ‘‘apparent child pornog17 raphy image of an identified child from the Na18 tional Center for Missing and Exploited Chil19 dren’’ and inserting ‘‘CyberTipline report from 

20 NCMEC’’; and 

21 (C) by striking ‘‘further transmission of 

22 the images’’ and inserting ‘‘online sexual exploi23 tation of children’’; 

24 (5) in subsection (d)— 


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1 (A) by striking ‘‘The National Center for 

2 Missing and Exploited Children shall’’ and in3 serting ‘‘NCMEC may’’; 

4 (B) by inserting after ‘‘local law enforce5 ment’’ the following: ‘‘, and to foreign law en6 forcement agencies described in section 

7 2258A(c)(3)’’; 

8 (C) by striking ‘‘investigation of child por9 nography’’ and inserting ‘‘investigation of child 

10 sexual exploitation’’; 

11 (D) by striking ‘‘image of an identified 

12 child’’ and inserting ‘‘visual depiction’’; and 

13 (E) by striking ‘‘reported to the National 

14 Center for Missing and Exploited Children’’ 

15 and inserting ‘‘reported to the CyberTipline’’; 

16 and 

17 (6) in subsection (e)— 

18 (A) by inserting before ‘‘Federal’’ the fol19 lowing: ‘‘foreign,’’; 

20 (B) by striking ‘‘image of an identified 

21 child from the National Center for Missing and 

22 Exploited Children’’ and inserting ‘‘visual depic23 tion from NCMEC’’; 


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

2 and inserting ‘‘child sexual exploitation 

3 crimes,’’; and 

4 (D) by inserting before the period at the 

5 end the following: ‘‘and prevent future sexual 

6 victimization of children’’. 

7 SEC. 5. LIMITED LIABILITY FOR NCMEC. 

8 Section 2258D of title 18, United States Code, is 

9 amended— 

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

11 Center for Missing and Exploited Chil12 dren’’ and inserting ‘‘NCMEC’’; 

13 (2) in subsection (a)— 

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

15 inserting ‘‘Pursuant to its clearinghouse role as 

16 a private, nonprofit organization and its mis17 sion to help find missing children, reduce online 

18 sexual exploitation of children and prevent fu19 ture victimization, and except as provided’’; 

20 (B) by striking ‘‘the National Center for 

21 Missing and Exploited Children’’ and inserting 

22 ‘‘NCMEC’’; 

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

24 inserting ‘‘(34 U.S.C. 11293)’’; 


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

2 appears and inserting ‘‘NCMEC’’; and 

3 (E) by striking ‘‘from the effort’’ and in4 serting ‘‘from the efforts’’; 

5 (3) in subsection (b)— 

6 (A) by striking ‘‘the National Center for 

7 Missing and Exploited Children’’ and inserting 

8 ‘‘NCMEC’’; 

9 (B) by striking ‘‘such center’’ and insert10 ing ‘‘NCMEC’’; and 

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

12 inserting ‘‘(34 U.S.C. 11293)’’; and 

13 (4) in subsection (d)— 

14 (A) in the matter preceding paragraph (1), 

15 by striking ‘‘The National Center for Missing 

16 and Exploited Children’’ and inserting 

17 ‘‘NCMEC’’; and 

18 (B) by striking ‘‘image’’ each place it ap19 pears and inserting ‘‘visual depiction’’. 

20 SEC. 6. DEFINITIONS. 

21 Section 2258E of title 18, United States Code, is 

22 amended— 

23 (1) in paragraph (5), by striking ‘‘and’’ at the 

24 end; 


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

2 the end and inserting a semicolon; and 

3 (3) by inserting after paragraph (6) the fol4 lowing: 

5 ‘‘(7) the term ‘provider’ means an electronic 

6 communication service provider or remote computing 

7 service; 

8 ‘‘(8) the term ‘NCMEC’ means the National 

9 Center for Missing & Exploited Children; and 

10 ‘‘(9) the term ‘visual depiction’ has the meaning 

11 given such term in section 1466A(f).’’. 

Æ 


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