II 

Calendar No. 906 

110TH CONGRESS 

2D SESSION S. 3344 

To defend against child exploitation and child pornography through improved 

Internet Crimes Against Children task forces and enhanced tools to 

block illegal images, and to eliminate the unwarranted release of convicted sex offenders. 

IN THE SENATE OF THE UNITED STATES 

JULY 26, 2008 

Mr. COBURN introduced the following bill; which was read the first time 

JULY 28, 2008 

Read the second time and placed on the calendar 

A BILL 

To defend against child exploitation and child pornography 

through improved Internet Crimes Against Children task 

forces and enhanced tools to block illegal images, and 

to eliminate the unwarranted release of convicted sex 

offenders. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Protecting Children from Pornography and Internet Ex4 ploitation Act of 2008’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—PROTECT OUR CHILDREN ACT OF 2008 

Sec. 101. Short title. 

Sec. 102. Definitions. 

Subtitle A—National Strategy for Child Exploitation Prevention and 

Interdiction 

Sec. 111. Establishment of National Strategy for Child Exploitation Prevention 

and Interdiction. 

Sec. 112. Establishment of National ICAC Task Force Program. 

Sec. 113. Purpose of ICAC task forces. 

Sec. 114. Duties and functions of task forces. 

Sec. 115. National Internet Crimes Against Children Data System. 

Sec. 116. ICAC grant program. 

Sec. 117. Authorization of appropriations. 

Subtitle B—ADDITIONAL MEASURES TO COMBAT CHILD 

EXPLOITATION 

Sec. 121. Additional regional computer forensic labs. 

Subtitle C—Effective Child Pornography Prosecution 

Sec. 131. Amendment to section 2256 of title 18, United States Code. 

Sec. 132. Amendment to section 2260 of title 18, United States Code. 

Sec. 133. Prohibiting the adaptation or modification of an image of an identifiable minor to produce child pornography. 

Subtitle D—National Institute of Justice Study of Risk Factors 

Sec. 141. NIJ study of risk factors for assessing dangerousness. 

TITLE II—ENHANCING THE EFFECTIVE PROSECUTION OF CHILD 

PORNOGRAPHY ACT OF 2007 

Sec. 201. Short title. 

Sec. 202. Money laundering predicate. 

Sec. 203. Knowingly accessing child pornography with the intent to view child 

pornography. 

TITLE III—SECURING ADOLESCENTS FROM ONLINE 

EXPLOITATION 


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Sec. 301. Reporting requirements of electronic communication service providers 

and remote computing service providers. 

TITLE IV—IMPROVEMENTS TO COMMERCE CLAUSE AUTHORITIES 

TO ALLOW FOR EFFECTIVE CHILD PORNOGRAPHY PROSECUTIONS 

Sec. 401. Effective child pornography prosecution. 

1 TITLE I—PROTECT OUR 

2 CHILDREN ACT OF 2008 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘Providing Resources, 

5 Officers, and Technology To Eradicate Cyber Threats to 

6 Our Children Act of 2008’’ or the ‘‘PROTECT Our Chil7 dren Act of 2008’’. 

8 SEC. 102. DEFINITIONS. 

9 In this title, the following definitions shall apply: 

10 (1) CHILD EXPLOITATION.—The term ‘‘child 

11 exploitation’’ means any conduct, attempted conduct, 

12 or conspiracy to engage in conduct involving a minor 

13 that violates section 1591, chapter 109A, chapter 

14 110, and chapter 117 of title 18, United States 

15 Code, or any sexual activity involving a minor for 

16 which any person can be charged with a criminal of17 fense. 

18 (2) CHILD OBSCENITY.—The term ‘‘child ob19 scenity’’ means any visual depiction proscribed by 

20 section 1466A of title 18, United States Code. 

21 (3) MINOR.—The term ‘‘minor’’ means any per22 son under the age of 18 years. 


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1 (4) SEXUALLY EXPLICIT CONDUCT.—The term 

2 ‘‘sexually explicit conduct’’ has the meaning given 

3 such term in section 2256 of title 18, United States 

4 Code. 

5 Subtitle A—National Strategy for 

6 Child Exploitation Prevention 

7 and Interdiction 

8 SEC. 111. ESTABLISHMENT OF NATIONAL STRATEGY FOR 

9 CHILD EXPLOITATION PREVENTION AND 

10 INTERDICTION. 

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

12 United States shall create and implement a National 

13 Strategy for Child Exploitation Prevention and Interdic14 tion. 

15 (b) TIMING.—Not later than February 1 of each 

16 year, the Attorney General shall submit to Congress the 

17 National Strategy established under subsection (a). 

18 (c) REQUIRED CONTENTS OF NATIONAL STRAT19 EGY.—The National Strategy established under subsection 

20 (a) shall include the following: 

21 (1) Comprehensive long-range, goals for reduc22 ing child exploitation. 

23 (2) Annual measurable objectives and specific 

24 targets to accomplish long-term, quantifiable goals 

25 that the Attorney General determines may be 


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1 achieved during each year beginning on the date 

2 when the National Strategy is submitted. 

3 (3) Annual budget priorities and Federal efforts 

4 dedicated to combating child exploitation, including 

5 resources dedicated to Internet Crimes Against Chil6 dren task forces, Project Safe Childhood, FBI Inno7 cent Images Initiative, the National Center for Miss8 ing and Exploited Children, regional forensic com9 puter labs, Internet Safety programs, and all other 

10 entities whose goal or mission is to combat the ex11 ploitation of children that receive Federal support. 

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

13 goals and priorities. 

14 (5) A review of the policies and work of the De15 partment of Justice related to the prevention and in16 vestigation of child exploitation crimes, including ef17 forts at the Office of Justice Programs, the Criminal 

18 Division of the Department of Justice, the Executive 

19 Office of United States Attorneys, the Federal Bu20 reau of Investigation, the Office of the Attorney 

21 General, the Office of the Deputy Attorney General, 

22 the Office of Legal Policy, and any other agency or 

23 bureau of the Department of Justice whose activities 

24 relate to child exploitation. 


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

2 coordinate with international, State, local, tribal law 

3 enforcement, and private sector entities on child ex4 ploitation prevention and interdiction efforts. 

5 (7) Plans for interagency coordination regard6 ing the prevention, investigation, and apprehension 

7 of individuals exploiting children, including coopera8 tion and collaboration with— 

9 (A) Immigration and Customs Enforce10 ment; 

11 (B) the United States Postal Inspection 

12 Service; 

13 (C) the Department of State; 

14 (D) the Department of Commerce; 

15 (E) the Department of Education; 

16 (F) the Department of Health and Human 

17 Services; and 

18 (G) other appropriate Federal agencies. 

19 (8) A review of the Internet Crimes Against 

20 Children Task Force Program, including— 

21 (A) the number of ICAC task forces and 

22 location of each ICAC task force; 

23 (B) the number of trained personnel at 

24 each ICAC task force; 


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1 (C) the amount of Federal grants awarded 

2 to each ICAC task force; 

3 (D) an assessment of the Federal, State, 

4 and local cooperation in each task force, includ5 ing— 

6 (i) the number of arrests made by 

7 each task force; 

8 (ii) the number of criminal referrals 

9 to United States attorneys for prosecution; 

10 (iii) the number of prosecutions and 

11 convictions from the referrals made under 

12 clause (ii); 

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

14 prosecutions and convictions based on 

15 ICAC task force investigations; and 

16 (v) any other information dem17 onstrating the level of Federal, State, and 

18 local coordination and cooperation, as such 

19 information is to be determined by the At20 torney General; 

21 (E) an assessment of the training opportu22 nities and technical assistance available to sup23 port ICAC task force grantees; and 

24 (F) an assessment of the success of the 

25 Internet Crimes Against Children Task Force 


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1 Program at leveraging State and local resources 

2 and matching funds. 

3 (9) An assessment of the technical assistance 

4 and support available for Federal, State, local, and 

5 tribal law enforcement agencies, in the prevention, 

6 investigation, and prosecution of child exploitation 

7 crimes. 

8 (10) A review of the backlog of forensic analysis 

9 for child exploitation cases at each FBI Regional 

10 Forensic lab and an estimate of the backlog at State 

11 and local labs. 

12 (11) Plans for reducing the forensic backlog de13 scribed in paragraph (10), if any, at Federal, State 

14 and local forensic labs. 

15 (12) A review of the Federal programs related 

16 to child exploitation prevention and education, in17 cluding those related to Internet safety, including ef18 forts by the private sector and nonprofit entities, or 

19 any other initiatives, that have proven successful in 

20 promoting child safety and Internet safety. 

21 (13) An assessment of the future trends, chal22 lenges, and opportunities, including new tech23 nologies, that will impact Federal, State, local, and 

24 tribal efforts to combat child exploitation. 


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1 (14) Plans for liaisons with the judicial 

2 branches of the Federal and State governments on 

3 matters relating to child exploitation. 

4 (15) An assessment of Federal investigative and 

5 prosecution activity relating to reported incidents of 

6 child exploitation crimes, which shall include a num7 ber of factors, including— 

8 (A) the number of high-priority suspects 

9 (identified because of the volume of suspected 

10 criminal activity or because of the danger to the 

11 community or a potential victim) who were in12 vestigated and prosecuted; 

13 (B) the number of investigations, arrests, 

14 prosecutions and convictions for a crime of 

15 child exploitation; and 

16 (C) the average sentence imposed and stat17 utory maximum for each crime of child exploi18 tation. 

19 (16) A review of all available statistical data in20 dicating the overall magnitude of child pornography 

21 trafficking in the United States and internationally, 

22 including— 

23 (A) the number of computers or computer 

24 users, foreign and domestic, observed engaging 

25 in, or suspected by law enforcement agencies 


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1 and other sources of engaging in, peer-to-peer 

2 file sharing of child pornography; 

3 (B) the number of computers or computer 

4 users, foreign and domestic, observed engaging 

5 in, or suspected by law enforcement agencies 

6 and other reporting sources of engaging in, 

7 buying and selling, or other commercial activity 

8 related to child pornography; 

9 (C) the number of computers or computer 

10 users, foreign and domestic, observed engaging 

11 in, or suspected by law enforcement agencies 

12 and other sources of engaging in, all other 

13 forms of activity related to child pornography; 

14 (D) the number of tips or other statistical 

15 data from the National Center for Missing and 

16 Exploited Children’s CyberTipline and other 

17 data indicating the magnitude of child pornog18 raphy trafficking; and 

19 (E) any other statistical data indicating 

20 the type, nature, and extent of child exploi21 tation crime in the United States and abroad. 

22 (17) Copies of recent relevant research and 

23 studies related to child exploitation, including— 


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1 (A) studies related to the link between pos2 session or trafficking of child pornography and 

3 actual abuse of a child; 

4 (B) studies related to establishing a link 

5 between the types of files being viewed or 

6 shared and the type of illegal activity; and 

7 (C) any other research, studies, and avail8 able information related to child exploitation. 

9 (18) A review of the extent of cooperation, co10 ordination, and mutual support between private sec11 tor and other entities and organizations and Federal 

12 agencies, including the involvement of States, local 

13 and tribal government agencies to the extent Federal 

14 programs are involved. 

15 (19) The results of the Project Safe Childhood 

16 Conference or other conferences or meetings con17 vened by the Department of Justice related to com18 bating child exploitation 

19 (d) APPOINTMENT OF HIGH-LEVEL OFFICIAL.— 

20 (1) IN GENERAL.—The Attorney General shall 

21 designate a senior official at the Department of Jus22 tice to be responsible for coordinating the develop23 ment of the National Strategy established under 

24 subsection (a). 


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1 (2) DUTIES.—The duties of the official des2 ignated under paragraph (1) shall include— 

3 (A) acting as a liaison with all Federal 

4 agencies regarding the development of the Na5 tional Strategy; 

6 (B) working to ensure that there is proper 

7 coordination among agencies in developing the 

8 National Strategy; 

9 (C) being knowledgeable about budget pri10 orities and familiar with all efforts within the 

11 Department of Justice and the FBI related to 

12 child exploitation prevention and interdiction; 

13 and 

14 (D) communicating the National Strategy 

15 to Congress and being available to answer ques16 tions related to the strategy at congressional 

17 hearings, if requested by committees of appro18 priate jurisdictions, on the contents of the Na19 tional Strategy and progress of the Department 

20 of Justice in implementing the National Strat21 egy. 

22 SEC. 112. ESTABLISHMENT OF NATIONAL ICAC TASK FORCE 

23 PROGRAM. 

24 (a) ESTABLISHMENT.— 


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1 (1) IN GENERAL.—There is established within 

2 the Department of Justice, under the general au3 thority of the Attorney General, a National Internet 

4 Crimes Against Children Task Force Program (here5 inafter in this title referred to as the ‘‘ICAC Task 

6 Force Program’’), which shall consist of a national 

7 program of State and local law enforcement task 

8 forces dedicated to developing effective responses to 

9 online enticement of children by sexual predators, 

10 child exploitation, and child obscenity and pornog11 raphy cases. 

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

13 and intent of Congress that the ICAC Task Force 

14 Program established under paragraph (1) is in15 tended to continue the ICAC Task Force Program 

16 authorized under title I of the Departments of Com17 merce, Justice, and State, the Judiciary, and Re18 lated Agencies Appropriations Act, 1998, and fund19 ed under title IV of the Juvenile Justice and Delin20 quency Prevention Act of 1974. 

21 (b) NATIONAL PROGRAM.— 

22 (1) STATE REPRESENTATION.—The ICAC Task 

23 Force Program established under subsection (a) 

24 shall include at least 1 ICAC task force in each 

25 State. 


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1 (2) CAPACITY AND CONTINUITY OF INVESTIGA2 TIONS.—In order to maintain established capacity 

3 and continuity of investigations and prosecutions of 

4 child exploitation cases, the Attorney General, shall, 

5 in establishing the ICAC Task Force Program under 

6 subsection (a) consult with and consider all 59 task 

7 forces in existence on the date of enactment of this 

8 Act. The Attorney General shall include all existing 

9 ICAC task forces in the ICAC Task Force Program, 

10 unless the Attorney General makes a determination 

11 that an existing ICAC does not have a proven track 

12 record of success. 

13 (3) ONGOING REVIEW.—The Attorney General 

14 shall— 

15 (A) conduct periodic reviews of the effec16 tiveness of each ICAC task force established 

17 under this section; and 

18 (B) have the discretion to establish a new 

19 task force if the Attorney General determines 

20 that such decision will enhance the effectiveness 

21 of combating child exploitation provided that 

22 the Attorney General notifies Congress in ad23 vance of any such decision and that each state 

24 maintains at least 1 ICAC task force at all 

25 times. 


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1 (4) TRAINING.— 

2 (A) IN GENERAL.—The Attorney General 

3 may establish national training programs to 

4 support the mission of the ICAC task forces, in5 cluding the effective use of the National Inter6 net Crimes Against Children Data System. 

7 (B) LIMITATION.—In establishing training 

8 courses under this paragraph, the Attorney 

9 General may not award any one entity other 

10 than a law enforcement agency more than 

11 $2,000,000 annually to establish and conduct 

12 training courses for ICAC task force members 

13 and other law enforcement officials. 

14 (C) REVIEW.—The Attorney General 

15 shall— 

16 (i) conduct periodic reviews of the ef17 fectiveness of each training session author18 ized by this paragraph; and 

19 (ii) consider outside reports related to 

20 the effective use of Federal funding in 

21 making future grant awards for training. 

22 SEC. 113. PURPOSE OF ICAC TASK FORCES. 

23 The ICAC Task Force Program, and each State or 

24 local ICAC task force that is part of the national program 

25 of task forces, shall be dedicated toward— 


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1 (1) increasing the investigative capabilities of 

2 State and local law enforcement officers in the de3 tection, investigation, and apprehension of Internet 

4 crimes against children offenses or offenders, includ5 ing technology-facilitated child exploitation offenses; 

6 (2) conducting proactive and reactive Internet 

7 crimes against children investigations; 

8 (3) providing training and technical assistance 

9 to ICAC task forces and other Federal, State, and 

10 local law enforcement agencies in the areas of inves11 tigations, forensics, prosecution, community out12 reach, and capacity-building, using recognized ex13 perts to assist in the development and delivery of 

14 training programs; 

15 (4) increasing the number of Internet crimes 

16 against children offenses being investigated and 

17 prosecuted in both Federal and State courts; 

18 (5) creating a multiagency task force response 

19 to Internet crimes against children offenses within 

20 each State; 

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

22 Project Safe Childhood initiative, the purpose of 

23 which is to combat technology-facilitated sexual ex24 ploitation crimes against children; 


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1 (7) enhancing nationwide responses to Internet 

2 crimes against children offenses, including assisting 

3 other ICAC task forces, as well as other Federal, 

4 State, and local agencies with Internet crimes 

5 against children investigations and prosecutions; 

6 (8) developing and delivering Internet crimes 

7 against children public awareness and prevention 

8 programs; and 

9 (9) participating in such other activities, both 

10 proactive and reactive, that will enhance investiga11 tions and prosecutions of Internet crimes against 

12 children. 

13 SEC. 114. DUTIES AND FUNCTIONS OF TASK FORCES. 

14 Each State or local ICAC task force that is part of 

15 the national program of task forces shall— 

16 (1) consist of State and local investigators, 

17 prosecutors, forensic specialists, and education spe18 cialists who are dedicated to addressing the goals of 

19 such task force; 

20 (2) work consistently toward achieving the pur21 poses described in section 113; 

22 (3) engage in proactive investigations, forensic 

23 examinations, and effective prosecutions of Internet 

24 crimes against children; 


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1 (4) provide forensic, preventive, and investiga2 tive assistance to parents, educators, prosecutors, 

3 law enforcement, and others concerned with Internet 

4 crimes against children; 

5 (5) develop multijurisdictional, multiagency re6 sponses and partnerships to Internet crimes against 

7 children offenses through ongoing informational, ad8 ministrative, and technological support to other 

9 State and local law enforcement agencies, as a 

10 means for such agencies to acquire the necessary 

11 knowledge, personnel, and specialized equipment to 

12 investigate and prosecute such offenses; 

13 (6) participate in nationally coordinated inves14 tigations in any case in which the Attorney General 

15 determines such participation to be necessary, as 

16 permitted by the available resources of such task 

17 force; 

18 (7) establish or adopt investigative and prosecu19 tion standards, consistent with established norms, to 

20 which such task force shall comply; 

21 (8) investigate, and seek prosecution on, tips 

22 related to Internet crimes against children, including 

23 tips from Operation Fairplay, the National Internet 

24 Crimes Against Children Data System established in 

25 section 115, the National Center for Missing and 


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1 Exploited Children’s CyberTipline, ICAC task forces, 

2 and other Federal, State, and local agencies, with 

3 priority being given to investigative leads that indi4 cate the possibility of identifying or rescuing child 

5 victims, including investigative leads that indicate a 

6 likelihood of seriousness of offense or dangerousness 

7 to the community; 

8 (9) develop procedures for handling seized evi9 dence; 

10 (10) maintain— 

11 (A) such reports and records as are re12 quired under this subtitle; and 

13 (B) such other reports and records as de14 termined by the Attorney General; and 

15 (11) seek to comply with national standards re16 garding the investigation and prosecution of Internet 

17 crimes against children, as set forth by the Attorney 

18 General, to the extent such standards are consistent 

19 with the law of the State where the task force is lo20 cated. 

21 SEC. 115. NATIONAL INTERNET CRIMES AGAINST CHIL22 DREN DATA SYSTEM. 

23 (a) IN GENERAL.—The Attorney General shall estab24 lish, consistent with all existing Federal laws relating to 

25 the protection of privacy, a National Internet Crimes 


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1 Against Children Data System. The system shall not be 

2 used to search for or obtain any information that does 

3 not involve the use of the Internet to post or traffic images 

4 of child exploitation. 

5 (b) PURPOSE OF SYSTEM.—The National Internet 

6 Crimes Against Children Data System established under 

7 subsection (a) shall be dedicated to assisting and sup8 porting credentialed law enforcement agencies authorized 

9 to investigate child exploitation in accordance with Fed10 eral, State, local, and tribal laws, including by providing 

11 assistance and support to— 

12 (1) Federal agencies investigating and pros13 ecuting child exploitation; 

14 (2) the ICAC Task Force Program established 

15 under section 112; 

16 (3) State, local, and tribal agencies inves17 tigating and prosecuting child exploitation; and 

18 (4) foreign or international law enforcement 

19 agencies, subject to approval by the Attorney Gen20 eral. 

21 (c) CYBER SAFE DECONFLICTION AND INFORMATION

22 SHARING.—The National Internet Crimes Against Chil23 dren Data System established under subsection (a)— 


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1 (1) shall be housed and maintained within the 

2 Department of Justice or a credentialed law enforce3 ment agency; 

4 (2) shall be made available for a nominal 

5 charge to support credentialed law enforcement 

6 agencies in accordance with subsection (b); and 

7 (3) shall— 

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

9 agencies and ICAC task forces investigating 

10 and prosecuting child exploitation to contribute 

11 and access data for use in resolving case con12 flicts; 

13 (B) provide, directly or in partnership with 

14 a credentialed law enforcement agency, a dy15 namic undercover infrastructure to facilitate on16 line law enforcement investigations of child ex17 ploitation; 

18 (C) facilitate the development of essential 

19 software and network capability for law enforce20 ment participants; and 

21 (D) provide software or direct hosting and 

22 support for online investigations of child exploi23 tation activities, or, in the alternative, provide 

24 users with a secure connection to an alternative 

25 system that provides such capabilities, provided 


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1 that the system is hosted within a governmental 

2 agency or a credentialed law enforcement agen3 cy. 

4 (d) COLLECTION AND REPORTING OF DATA.— 

5 (1) IN GENERAL.—The National Internet 

6 Crimes Against Children Data System established 

7 under subsection (a) shall ensure the following: 

8 (A) REAL-TIME REPORTING.—All child ex9 ploitation cases involving local child victims that 

10 are reasonably detectable using available soft11 ware and data are, immediately upon their de12 tection, made available to participating law en13 forcement agencies. 

14 (B) HIGH-PRIORITY SUSPECTS.—Every 30 

15 days, at minimum, the National Internet 

16 Crimes Against Children Data System shall— 

17 (i) identify high-priority suspects, as 

18 such suspects are determined by the vol19 ume of suspected criminal activity or other 

20 indicators of seriousness of offense or dan21 gerousness to the community or a potential 

22 local victim; and 

23 (ii) report all such identified high-pri24 ority suspects to participating law enforce25 ment agencies. 


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1 (C) ANNUAL REPORTS.—Any statistical 

2 data indicating the overall magnitude of child 

3 pornography trafficking and child exploitation 

4 in the United States and internationally is 

5 made available and included in the National 

6 Strategy, as is required under section 

7 111(c)(16). 

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

9 subsection shall be construed to limit the ability of 

10 participating law enforcement agencies to dissemi11 nate investigative leads or statistical information in 

12 accordance with State and local laws. 

13 (e) MANDATORY REQUIREMENTS OF NETWORK.— 

14 The National Internet Crimes Against Children Data Sys15 tem established under subsection (a) shall develop, deploy, 

16 and maintain an integrated technology and training pro17 gram that provides— 

18 (1) a secure, online system for Federal law en19 forcement agencies, ICAC task forces, and other 

20 State, local, and tribal law enforcement agencies for 

21 use in resolving case conflicts, as provided in sub22 section (c); 

23 (2) a secure system enabling online communica24 tion and collaboration by Federal law enforcement 

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


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1 and tribal law enforcement agencies regarding ongo2 ing investigations, investigatory techniques, best 

3 practices, and any other relevant news and profes4 sional information; 

5 (3) a secure online data storage and analysis 

6 system for use by Federal law enforcement agencies, 

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

8 law enforcement agencies; 

9 (4) secure connections or interaction with State 

10 and local law enforcement computer networks, con11 sistent with reasonable and established security pro12 tocols and guidelines; 

13 (5) guidelines for use of the National Internet 

14 Crimes Against Children Data System by Federal, 

15 State, local, and tribal law enforcement agencies and 

16 ICAC task forces; and 

17 (6) training and technical assistance on the use 

18 of the National Internet Crimes Against Children 

19 Data System by Federal, State, local, and tribal law 

20 enforcement agencies and ICAC task forces. 

21 (f) NATIONAL INTERNET CRIMES AGAINST CHIL22 DREN DATA SYSTEM STEERING COMMITTEE.—The Attor23 ney General shall establish a National Internet Crimes 

24 Against Children Data System Steering Committee to pro25 vide guidance to the Network relating to the program 


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1 under subsection (e), and to assist in the development of 

2 strategic plans for the System. The Steering Committee 

3 shall consist of 10 members with expertise in child exploi4 tation prevention and interdiction prosecution, investiga5 tion, or prevention, including— 

6 (1) 3 representatives elected by the local direc7 tors of the ICAC task forces, such representatives 

8 shall represent different geographic regions of the 

9 country; 

10 (2) 1 representative of the Department of Jus11 tice Office of Information Services; 

12 (3) 1 representative from Operation Fairplay, 

13 currently hosted at the Wyoming Office of the Attor14 ney General; 

15 (4) 1 representative from the law enforcement 

16 agency having primary responsibility for hosting and 

17 maintaining the National Internet Crimes Against 

18 Children Data System; 

19 (5) 1 representative of the Federal Bureau of 

20 Investigation’s Innocent Images National Initiative 

21 or Regional Computer Forensic Lab program; 

22 (6) 1 representative of the Immigration and 

23 Customs Enforcement’s Cyber Crimes Center; 

24 (7) 1 representative of the United States Postal 

25 Inspection Service; and 


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1 (8) 1 representative of the Department of Jus2 tice. 

3 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated for each of the fiscal 

5 years 2009 through 2016, $2,000,000 to carry out the 

6 provisions of this section. 

7 (h) RULE OF CONSTRUCTION.—Nothing in this sec8 tion may be construed to authorize any activity that is 

9 inconsistent with any Federal law, regulation, or constitu10 tional constraint. 

11 SEC. 116. ICAC GRANT PROGRAM. 

12 (a) ESTABLISHMENT.— 

13 (1) IN GENERAL.—The Attorney General is au14 thorized to award grants to State and local ICAC 

15 task forces to assist in carrying out the duties and 

16 functions described under section 114. 

17 (2) FORMULA GRANTS.— 

18 (A) DEVELOPMENT OF FORMULA.—At 

19 least 75 percent of the total funds appropriated 

20 to carry out this section shall be available to 

21 award or otherwise distribute grants pursuant 

22 to a funding formula established by the Attor23 ney General in accordance with the require24 ments in subparagraph (B). 


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1 (B) FORMULA REQUIREMENTS.—Any for2 mula established by the Attorney General under 

3 subparagraph (A) shall— 

4 (i) ensure that each State or local 

5 ICAC task force shall, at a minimum, re6 ceive an amount equal to 0.5 percent of 

7 the funds available to award or otherwise 

8 distribute grants under subparagraph (A); 

9 and 

10 (ii) take into consideration the fol11 lowing factors: 

12 (I) The population of each State, 

13 as determined by the most recent de14 cennial census performed by the Bu15 reau of the Census. 

16 (II) The number of investigative 

17 leads within the applicant’s jurisdic18 tion generated by Operation Fairplay, 

19 the ICAC Data Network, the 

20 CyberTipline, and other sources. 

21 (III) The number of criminal 

22 cases related to Internet crimes 

23 against children referred to a task 

24 force for Federal, State, or local pros25 ecution. 


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1 (IV) The number of successful 

2 prosecutions of child exploitation 

3 cases by a task force. 

4 (V) The amount of training, 

5 technical assistance, and public edu6 cation or outreach by a task force re7 lated to the prevention, investigation, 

8 or prosecution of child exploitation of9 fenses. 

10 (VI) Such other criteria as the 

11 Attorney General determines dem12 onstrate the level of need for addi13 tional resources by a task force. 

14 (3) DISTRIBUTION OF REMAINING FUNDS

15 BASED ON NEED.— 

16 (A) IN GENERAL.—Any funds remaining 

17 from the total funds appropriated to carry out 

18 this section after funds have been made avail19 able to award or otherwise distribute formula 

20 grants under paragraph (2)(A) shall be distrib21 uted to State and local ICAC task forces based 

22 upon need, as set forth by criteria established 

23 by the Attorney General. Such criteria shall in24 clude the factors under paragraph (2)(B)(ii). 


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1 (B) MATCHING REQUIREMENT.—A State 

2 or local ICAC task force shall contribute match3 ing non-Federal funds in an amount equal to 

4 not less than 25 percent of the amount of funds 

5 received by the State or local ICAC task force 

6 under subparagraph (A). A State or local ICAC 

7 task force that is not able or willing to con8 tribute matching funds in accordance with this 

9 subparagraph shall not be eligible for funds 

10 under subparagraph (A). 

11 (C) WAIVER.—The Attorney General may 

12 waive, in whole or in part, the matching re13 quirement under subparagraph (B) if the State 

14 or local ICAC task force demonstrates good 

15 cause or financial hardship. 

16 (b) APPLICATION.— 

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

18 task force seeking a grant under this section shall 

19 submit an application to the Attorney General at 

20 such time, in such manner, and accompanied by 

21 such information as the Attorney General may rea22 sonably require. 

23 (2) CONTENTS.—Each application submitted 

24 pursuant to paragraph (1) shall— 


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1 (A) describe the activities for which assist2 ance under this section is sought; and 

3 (B) provide such additional assurances as 

4 the Attorney General determines to be essential 

5 to ensure compliance with the requirements of 

6 this subtitle. 

7 (c) ALLOWABLE USES.—Grants awarded under this 

8 section may be used to— 

9 (1) hire personnel, investigators, prosecutors, 

10 education specialists, and forensic specialists; 

11 (2) establish and support forensic laboratories 

12 utilized in Internet crimes against children investiga13 tions; 

14 (3) support investigations and prosecutions of 

15 Internet crimes against children; 

16 (4) conduct and assist with education programs 

17 to help children and parents protect themselves from 

18 Internet predators; 

19 (5) conduct and attend training sessions related 

20 to successful investigations and prosecutions of 

21 Internet crimes against children; and 

22 (6) fund any other activities directly related to 

23 preventing, investigating, or prosecuting Internet 

24 crimes against children. 

25 (d) REPORTING REQUIREMENTS.— 


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

2 the activities funded by grants under this section, 

3 and to assist the Attorney General in complying with 

4 the Government Performance and Results Act (Pub5 lic Law 103–62; 107 Stat. 285), each State or local 

6 ICAC task force receiving a grant under this section 

7 shall, on an annual basis, submit a report to the At8 torney General that sets forth the following: 

9 (A) Staffing levels of the task force, in10 cluding the number of investigators, prosecu11 tors, education specialists, and forensic special12 ists dedicated to investigating and prosecuting 

13 Internet crimes against children. 

14 (B) Investigation and prosecution perform15 ance measures of the task force, including— 

16 (i) the number of investigations initi17 ated related to Internet crimes against 

18 children; 

19 (ii) the number of arrests related to 

20 Internet crimes against children; and 

21 (iii) the number of prosecutions for 

22 Internet crimes against children, includ23 ing— 


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1 (I) whether the prosecution re2 sulted in a conviction for such crime; 

3 and 

4 (II) the sentence and the statu5 tory maximum for such crime under 

6 State law. 

7 (C) The number of referrals made by the 

8 task force to the United States Attorneys office, 

9 including whether the referral was accepted by 

10 the United States Attorney. 

11 (D) Statistics that account for the disposi12 tion of investigations that do not result in ar13 rests or prosecutions, such as referrals to other 

14 law enforcement. 

15 (E) The number of investigative technical 

16 assistance sessions that the task force provided 

17 to nonmember law enforcement agencies. 

18 (F) The number of computer forensic ex19 aminations that the task force completed. 

20 (G) The number of law enforcement agen21 cies participating in Internet crimes against 

22 children program standards established by the 

23 task force. 

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

25 year after the date of enactment of this Act, the AtVerDate Aug 31 2005 00:17 Jul 29, 2008 Jkt 069200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S3344.PCS S3344

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1 torney General shall submit a report to Congress 

2 on— 

3 (A) the progress of the development of the 

4 ICAC Task Force Program established under 

5 section 112; and 

6 (B) the number of Federal and State in7 vestigations, prosecutions, and convictions in 

8 the prior 12-month period related to child ex9 ploitation. 

10 SEC. 117. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) IN GENERAL.—There are authorized to be appro12 priated to carry out this subtitle— 

13 (1) $60,000,000 for fiscal year 2009; 

14 (2) $60,000,000 for fiscal year 2010; 

15 (3) $60,000,000 for fiscal year 2011; 

16 (4) $60,000,000 for fiscal year 2012; and 

17 (5) $60,000,000 for fiscal year 2013. 

18 (b) AVAILABILITY.—Funds appropriated under sub19 section (a) shall remain available until expended. 


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1 Subtitle B—ADDITIONAL MEAS2 URES TO COMBAT CHILD EX3 PLOITATION 

4 SEC. 121. ADDITIONAL REGIONAL COMPUTER FORENSIC 

5 LABS. 

6 (a) ADDITIONAL RESOURCES.—The Attorney Gen7 eral shall establish additional computer forensic capacity 

8 to address the current backlog for computer forensics, in9 cluding for child exploitation investigations. The Attorney 

10 General may utilize funds under this subtitle to increase 

11 capacity at existing regional forensic laboratories or to add 

12 laboratories under the Regional Computer Forensic Lab13 oratories Program operated by the Federal Bureau of In14 vestigation. 

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

16 forensic capacity established by resources provided under 

17 this section shall be dedicated to assist Federal agencies, 

18 State and local Internet Crimes Against Children task 

19 forces, and other Federal, State, and local law enforce20 ment agencies in preventing, investigating, and pros21 ecuting Internet crimes against children. 

22 (c) NEW COMPUTER FORENSIC LABS.—If the Attor23 ney General determines that new regional computer foren24 sic laboratories are required under subsection (a) to best 


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1 address existing backlogs, such new laboratories shall be 

2 established pursuant to subsection (d). 

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

4 new regional computer forensic laboratories under this 

5 section shall be determined by the Attorney General, in 

6 consultation with the Director of the Federal Bureau of 

7 Investigation, the Regional Computer Forensic Laboratory 

8 National Steering Committee, and other relevant stake9 holders. 

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

11 of enactment of this Act, and every year thereafter, the 

12 Attorney General shall submit a report to the Congress 

13 on how the funds appropriated under this section were uti14 lized. 

15 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated for fiscal years 2009 

17 through 2013, $2,000,000 to carry out the provisions of 

18 this section. 

19 Subtitle C—Effective Child 

20 Pornography Prosecution 

21 SEC. 131. AMENDMENT TO SECTION 2256 OF TITLE 18, 

22 UNITED STATES CODE. 

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

24 amended by— 

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


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

2 data which is capable of conversion into a visual 

3 image that has been transmitted by any means, 

4 whether or not stored in a permanent format’’. 

5 SEC. 132. AMENDMENT TO SECTION 2260 OF TITLE 18, 

6 UNITED STATES CODE. 

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

8 amended by— 

9 (1) inserting ‘‘or for the purpose of transmit10 ting a live visual depiction of such conduct’’ after 

11 ‘‘for the purpose of producing any visual depiction of 

12 such conduct’’; and 

13 (2) inserting ‘‘or transmitted’’ after ‘‘im14 ported’’. 

15 SEC. 133. PROHIBITING THE ADAPTATION OR MODIFICA16 TION OF AN IMAGE OF AN IDENTIFIABLE 

17 MINOR TO PRODUCE CHILD PORNOGRAPHY. 

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

19 title 18, United States Code, is amended— 

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

21 end and inserting a semicolon; 

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

23 the end and inserting ‘‘; or’’; and 

24 (3) by inserting after paragraph (6) the fol25 lowing: 


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1 ‘‘(7) in or affecting interstate or foreign com2 merce, knowingly modifies, with intent to distribute, 

3 a visual depiction of an identifiable minor so that 

4 the depiction becomes child pornography,’’. 

5 (b) PUNISHMENT.—Subsection (b) of section 2252A 

6 of title 18, United States Code, is amended by adding at 

7 the end the following: 

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

9 violate, subsection (a)(7) shall be fined under this title or 

10 imprisoned not more than 15 years, or both.’’. 

11 Subtitle D—National Institute of 

12 Justice Study of Risk Factors 

13 SEC. 141. NIJ STUDY OF RISK FACTORS FOR ASSESSING 

14 DANGEROUSNESS. 

15 (a) IN GENERAL.—Not later than 1 year after the 

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

17 Justice shall prepare a report to identify investigative fac18 tors that reliably indicate whether a subject of an online 

19 child exploitation investigation poses a high risk of harm 

20 to children. Such a report shall be prepared in consulta21 tion and coordination with Federal law enforcement agen22 cies, the National Center for Missing and Exploited Chil23 dren, Operation Fairplay at the Wyoming Attorney Gen24 eral’s Office, the Internet Crimes Against Children Task 

25 Force, and other State and local law enforcement. 


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1 (b) CONTENTS OF ANALYSIS.—The report required 

2 by subsection (a) shall include a thorough analysis of po3 tential investigative factors in on-line child exploitation 

4 cases and an appropriate examination of investigative data 

5 from prior prosecutions and case files of identified child 

6 victims. 

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

8 after the date of enactment of this Act, the National Insti9 tute of Justice shall submit a report to the House and 

10 Senate Judiciary Committees that includes the findings of 

11 the study required by this section and makes recommenda12 tions on technological tools and law enforcement proce13 dures to help investigators prioritize scarce resources to 

14 those cases where there is actual hands-on abuse by the 

15 suspect. 

16 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated $500,000 to the Na18 tional Institute of Justice to conduct the study required 

19 under this section. 


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1 TITLE II—ENHANCING THE EF2 FECTIVE PROSECUTION OF 

3 CHILD PORNOGRAPHY ACT 

4 OF 2007 

5 SEC. 201. SHORT TITLE. 

6 This title may be cited as the ‘‘Enhancing the Effec7 tive Prosecution of Child Pornography Act of 2007’’. 

8 SEC. 202. MONEY LAUNDERING PREDICATE. 

9 Section 1956(c)(7)(D) of title 18, United States 

10 Code, is amended by inserting ‘‘section 2252A (relating 

11 to child pornography) where the child pornography con12 tains a visual depiction of an actual minor engaging in 

13 sexually explicit conduct, section 2260 (production of cer14 tain child pornography for importation into the United 

15 States),’’ before ‘‘section 2280’’. 

16 SEC. 203. KNOWINGLY ACCESSING CHILD PORNOGRAPHY 

17 WITH THE INTENT TO VIEW CHILD PORNOG18 RAPHY. 

19 (a) MATERIALS INVOLVING SEXUAL EXPLOITATION

20 OF MINORS.—Section 2252(a)(4) of title 18, United 

21 States Code, is amended— 

22 (1) in subparagraph (A), by inserting ‘‘, or 

23 knowingly accesses with intent to view,’’ after ‘‘pos24 sesses’’; and 


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1 (2) in subparagraph (B), by inserting ‘‘, or 

2 knowingly accesses with intent to view,’’ after ‘‘pos3 sesses’’. 

4 (b) MATERIALS CONSTITUTING OR CONTAINING

5 CHILD PORNOGRAPHY.—Section 2252A(a)(5) of title 18, 

6 United States Code, is amended— 

7 (1) in subparagraph (A), by inserting ‘‘, or 

8 knowingly accesses with intent to view,’’ after ‘‘pos9 sesses’’; and 

10 (2) in subparagraph (B), by inserting ‘‘, or 

11 knowingly accesses with intent to view,’’ after ‘‘pos12 sesses’’. 

13 TITLE III—SECURING ADOLES14 CENTS FROM ONLINE EXPLOI15 TATION 

16 SEC. 301. REPORTING REQUIREMENTS OF ELECTRONIC 

17 COMMUNICATION SERVICE PROVIDERS AND 

18 REMOTE COMPUTING SERVICE PROVIDERS. 

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

20 States Code, is amended by inserting after section 2258 

21 the following: 

22 ‘‘§ 2258A. Reporting requirements of electronic com23 munication service providers and remote 

24 computing service providers 

25 ‘‘(a) DUTY TO REPORT.— 


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1 ‘‘(1) IN GENERAL.—Whoever, while engaged in 

2 providing an electronic communication service or a 

3 remote computing service to the public through a fa4 cility or means of interstate or foreign commerce, 

5 obtains actual knowledge of any facts or cir6 cumstances described in paragraph (2) shall, as soon 

7 as reasonably possible— 

8 ‘‘(A) complete and maintain with current 

9 information a registration with the 

10 CyberTipline of the National Center for Missing 

11 and Exploited Children, or any successor to the 

12 CyberTipline operated by such center, by pro13 viding the mailing address, telephone number, 

14 facsimile number, electronic mail address of, 

15 and individual point of contact for, such elec16 tronic communication service provider or remote 

17 computing service provider; and 

18 ‘‘(B) make a report of such facts or cir19 cumstances to the CyberTipline, or any suc20 cessor to the CyberTipline operated by such 

21 center. 

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

23 circumstances described in this paragraph are any 

24 facts or circumstances that appear to indicate a vio25 lation of— 


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1 ‘‘(A) section 2251, 2251A, 2252, 2252A, 

2 2252B, or 2260 that involves child pornog3 raphy; or 

4 ‘‘(B) section 1466A. 

5 ‘‘(b) CONTENTS OF REPORT.—To the extent avail6 able to an electronic communication service provider or a 

7 remote computing service provider, each report under sub8 section (a)(1) shall include the following information: 

9 ‘‘(1) INFORMATION ABOUT THE INVOLVED IN10 DIVIDUAL.—Information relating to the Internet 

11 identity of any individual who appears to have vio12 lated a Federal law in the manner described in sub13 section (a)(2), which shall, to the extent reasonably 

14 practicable, include the electronic mail address, 

15 website address, uniform resource locator, or any 

16 other identifying information, including self-reported 

17 identifying information. 

18 ‘‘(2) HISTORICAL REFERENCE.—Information 

19 relating to when any apparent child pornography 

20 was uploaded, transmitted, reported to, or discovered 

21 by the electronic communication service provider or 

22 remote computing service provider, as the case may 

23 be, including a date and time stamp and time zone. 

24 ‘‘(3) GEOGRAPHIC LOCATION INFORMATION.— 

25 Information relating to the geographic location of 


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1 the involved individual, hosting website, or uniform 

2 resource locator, which shall include the Internet 

3 Protocol Address or verified billing address, or, if 

4 not reasonably available, at least 1 form of geo5 graphic identifying information, including area code 

6 or zip code. The information shall also include any 

7 self-reported geographic information. 

8 ‘‘(4) IMAGES OF APPARENT CHILD PORNOG9 RAPHY.—Any image of any apparent child pornog10 raphy relating to the incident such report is regard11 ing. 

12 ‘‘(5) COMMINGLED IMAGES.—Any images, data, 

13 or other digital files (collectively referred to as ‘dig14 ital files’) which are commingled or interspersed 

15 among the images of apparent child pornography. If 

16 it would impose an undue hardship to provide these 

17 commingled digital files as part of the report, be18 cause of the volume of the digital files or for other 

19 reasons, the reporting company shall, in lieu of pro20 viding those digital files, inform the CyberTipline of 

21 the existence of such digital files, and retain those 

22 digital files as if they were part of the report as re23 quired pursuant to subsection (h). 

24 ‘‘(c) FORWARDING OF REPORT TO LAW ENFORCE25 MENT.— 


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

2 Missing and Exploited Children shall forward each 

3 report made under subsection (a)(1) to any appro4 priate law enforcement agency designated by the At5 torney General under subsection (d)(2). 

6 ‘‘(2) STATE AND LOCAL LAW ENFORCEMENT.— 

7 The National Center for Missing and Exploited Chil8 dren may forward any report made under subsection 

9 (a)(1) to an appropriate official of a State or polit10 ical subdivision of a State for the purpose of enforc11 ing State criminal law. 

12 ‘‘(3) FOREIGN LAW ENFORCEMENT.—The Na13 tional Center for Missing and Exploited Children 

14 may forward any report made under subsection 

15 (a)(1) to any appropriate foreign law enforcement 

16 agency designated by the Attorney General under 

17 subsection (d)(3), subject to the conditions estab18 lished by the Attorney General under subsection 

19 (d)(3). 

20 ‘‘(d) ATTORNEY GENERAL RESPONSIBILITIES.— 

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

22 enforce this section. 

23 ‘‘(2) DESIGNATION OF FEDERAL AGENCIES.— 

24 The Attorney General shall designate promptly the 

25 Federal law enforcement agency or agencies to 


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1 which a report shall be forwarded under subsection 

2 (c)(1). 

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

4 The Attorney General shall promptly— 

5 ‘‘(A) designate the foreign law enforcement 

6 agencies to which a report may be forwarded 

7 under subsection (c)(3); 

8 ‘‘(B) establish the conditions under which 

9 such a report may be forwarded to such agen10 cies; and 

11 ‘‘(C) develop a process for foreign law en12 forcement agencies to request assistance from 

13 Federal law enforcement agencies in obtaining 

14 evidence relating to a report referred under 

15 subsection (c)(3). 

16 ‘‘(e) FAILURE TO REPORT.—An electronic commu17 nication service provider or remote computing service pro18 vider that knowingly and willfully fails to make a report 

19 required under subsection (a)(1) shall be fined— 

20 ‘‘(1) in the case of an initial knowing and will21 ful failure to make a report, not more than 

22 $150,000; and 

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

24 knowing and willful failure to make a report, not 

25 more than $300,000. 


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1 ‘‘(f) PROTECTION OF PRIVACY.—Nothing in this sec2 tion shall be construed to require an electronic commu3 nication service provider or a remote computing service 

4 provider to— 

5 ‘‘(1) monitor any user, subscriber, or customer 

6 of that provider; 

7 ‘‘(2) monitor the content of any communication 

8 of any person described in paragraph (1); or 

9 ‘‘(3) affirmatively seek facts or circumstances 

10 described in subsection (a)(2). 

11 ‘‘(g) CONDITIONS OF DISCLOSURE INFORMATION

12 CONTAINED WITHIN REPORT.— 

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), a law enforcement agency that receives a 

15 report under subsection (c) shall not disclose any in16 formation contained in that report. 

17 ‘‘(2) PERMITTED DISCLOSURES.—A law en18 forcement agency may disclose information in a re19 port received under subsection (c)— 

20 ‘‘(A) to an attorney for the government for 

21 use in the performance of the official duties of 

22 that attorney; 

23 ‘‘(B) to such officers and employees of that 

24 law enforcement agency, as may be necessary in 


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1 the performance of their investigative and rec2 ordkeeping functions; 

3 ‘‘(C) to such other government personnel 

4 (including personnel of a State or subdivision of 

5 a State) as are determined to be necessary by 

6 an attorney for the government to assist the at7 torney in the performance of the official duties 

8 of the attorney in enforcing Federal criminal 

9 law; 

10 ‘‘(D) if the report discloses a violation of 

11 State criminal law, to an appropriate official of 

12 a State or subdivision of a State for the pur13 pose of enforcing such State law; 

14 ‘‘(E) to a defendant in a criminal case or 

15 the attorney for that defendant, to the extent 

16 the information relates to a criminal charge 

17 pending against that defendant; 

18 ‘‘(F) to an electronic communication serv19 ice provider or remote computing provider if 

20 necessary to facilitate response to legal process 

21 issued in connection to that report, in which 

22 case, the electronic communication service pro23 vider or remote computing service provider shall 

24 be prohibited from disclosing the contents of 


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1 that report to any person, except as necessary 

2 to respond to the legal process; and 

3 ‘‘(G) as ordered by a court upon a showing 

4 of good cause and pursuant to any protective 

5 orders or other conditions that the court may 

6 impose. 

7 ‘‘(h) EVIDENCE PRESERVATION.— 

8 ‘‘(1) IN GENERAL.—For the purposes of this 

9 section, the notification to an electronic communica10 tion service provider or a remote computing service 

11 provider by the CyberTipline of receipt of a report 

12 under subsection (a)(1) shall be treated as notice to 

13 preserve, as if such notice was made pursuant to 

14 section 2703(f). 

15 ‘‘(2) PRESERVATION OF REPORT.—Pursuant to 

16 paragraph (1), an electronic communication service 

17 provider or a remote computing service shall pre18 serve the contents of the report provided under sub19 section (a)(1) and the information described in sec20 tion 2703(c)(2) relating to the involved individual 

21 for not less than 180 days after the date of submis22 sion of the report under subsection (a)(1). 

23 ‘‘(3) AUTHORITIES AND DUTIES NOT AF24 FECTED.—Nothing in this section shall be construed 


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1 as replacing, amending, or otherwise interfering with 

2 the authorities and duties under section 2703. 

3 ‘‘§ 2258B. Limited liability for electronic communica4 tion service providers, remote computing 

5 service providers, or domain name reg6 istrar 

7 ‘‘(a) IN GENERAL.—Except as provided in sub8 sections (b) and (c), a civil claim or criminal charge 

9 against an electronic communication service provider, a re10 mote computing service provider, or domain name reg11 istrar, including any director, officer, employee, or agent 

12 of such electronic communication service provider, remote 

13 computing service provider, or domain name registrar 

14 arising from the performance of the reporting responsibil15 ities of such electronic communication service provider, re16 mote computing service provider, or domain name reg17 istrar under this section, section 2258A, or section 2258C 

18 may not be brought in any Federal or State court. 

19 ‘‘(b) INTENTIONAL, RECKLESS, OR OTHER MIS20 CONDUCT.—Subsection (a) shall not apply to a claim if 

21 the electronic communication service provider, remote 

22 computing service provider, or domain name registrar, or 

23 a director, officer, employee, or agent of that electronic 

24 communication service provider, remote computing service 

25 provider, or domain name registrar— 


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1 ‘‘(1) engaged in intentional misconduct; or 

2 ‘‘(2) acted, or failed to act— 

3 ‘‘(A) with actual malice; 

4 ‘‘(B) with reckless disregard to a substan5 tial risk of causing injury without legal jus6 tification; or 

7 ‘‘(C) for a purpose unrelated to the per8 formance of any responsibility or function 

9 under this section, section 2258A, or section 

10 2258C. 

11 ‘‘(c) ORDINARY BUSINESS ACTIVITIES.—Subsection 

12 (a) shall not apply to an act or omission relating to an 

13 ordinary business activity of an electronic communication 

14 service provider, a remote computing service provider, or 

15 domain name registrar, including general administration 

16 or operations, the use of motor vehicles, or personnel man17 agement. 

18 ‘‘(d) MINIMIZING ACCESS.—An electronic commu19 nication service provider, a remote computing service pro20 vider, and domain name registrar shall— 

21 ‘‘(1) minimize the number of employees that 

22 are provided access to any image provided under sec23 tion 2258A or 2258C; and 


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

2 destroyed, upon notification from a law enforcement 

3 agency. 

4 ‘‘§ 2258C. Use of images from the CyberTipline to 

5 combat child pornography 

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

7 and Exploited Children is authorized to provide elements 

8 relating to any image reported to its CyberTipline to an 

9 electronic communication service provider or a remote 

10 computing service provider for the sole and exclusive pur11 pose of permitting that electronic communication service 

12 provider or remote computing service provider to stop the 

13 further transmission of images. Such elements may in14 clude unique identifiers associated with a specific image, 

15 Internet location of images, and other technological ele16 ments that can be used to identify and stop the trans17 mission of child pornography. 

18 ‘‘(b) USE BY ELECTRONIC COMMUNICATION SERVICE

19 PROVIDERS AND REMOTE COMPUTING SERVICE PRO20 VIDERS.—Any electronic communication service provider 

21 or remote computing service provider that receives ele22 ments relating to an image from the National Center for 

23 Missing and Exploited Children under this section may 

24 use such information only for the purposes described in 

25 this section, provided that such use shall not relieve that 


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1 electronic communication service provider or remote com2 puting service provider from its reporting obligations 

3 under section 2258A. 

4 ‘‘§ 2258D. Limited liability for the National Center for 

5 Missing and Exploited Children 

6 ‘‘(a) IN GENERAL.—Except as provided in sub7 sections (b) and (c), a civil claim or criminal charge 

8 against the National Center for Missing and Exploited 

9 Children, including any director, officer, employee, or 

10 agent of such center, arising from the performance of the 

11 CyberTipline responsibilities or functions of such center, 

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

13 this title, or section 404 of the Missing Children’s Assist14 ance Act (42 U.S.C. 5773), or from the effort of such cen15 ter to identify child victims may not be brought in any 

16 Federal or State court. 

17 ‘‘(b) INTENTIONAL, RECKLESS, OR OTHER MIS18 CONDUCT.—Subsection (a) shall not apply to a claim or 

19 charge if the National Center for Missing and Exploited 

20 Children, or a director, officer, employee, or agent of such 

21 center— 

22 ‘‘(1) engaged in intentional misconduct; or 

23 ‘‘(2) acted, or failed to act— 

24 ‘‘(A) with actual malice; 


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1 ‘‘(B) with reckless disregard to a substan2 tial risk of causing injury without legal jus3 tification; or 

4 ‘‘(C) for a purpose unrelated to the per5 formance of any responsibility or function 

6 under this section, section 2258A or 2258C of 

7 this title, or section 404 of the Missing Chil8 dren’s Assistance Act (42 U.S.C. 5773). 

9 ‘‘(c) ORDINARY BUSINESS ACTIVITIES.—Subsection 

10 (a) shall not apply to an act or omission relating to an 

11 ordinary business activity, including general administra12 tion or operations, the use of motor vehicles, or personnel 

13 management. 

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

15 Missing and Exploited Children shall— 

16 ‘‘(1) minimize the number of employees that 

17 are provided access to any image provided under sec18 tion 2258A; and 

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

20 destroyed upon notification from a law enforcement 

21 agency. 

22 ‘‘§ 2258E. Definitions 

23 ‘‘In sections 2258A through 2258D— 


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

2 and ‘State’ have the meanings given those terms in 

3 rule 1 of the Federal Rules of Criminal Procedure; 

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

5 has the meaning given that term in section 2510; 

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

7 meaning given that term in section 3 of the CAN8 SPAM Act of 2003 (15 U.S.C. 7702); 

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

10 that term in section 1101 of the Internet Tax Free11 dom Act (47 U.S.C. 151 note); 

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

13 the meaning given that term in section 2711; and 

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

15 material placed in a computer server-based file ar16 chive so that it is publicly accessible, over the Inter17 net, using hypertext transfer protocol or any suc18 cessor protocol.’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

20 (1) REPEAL OF SUPERCEDED PROVISION.—Sec21 tion 227 of the Crime Control Act of 1990 (42 

22 U.S.C. 13032) is repealed. 

23 (2) TABLE OF SECTIONS.—The table of sections 

24 for chapter 110 of title 18, United States Code, is 


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1 amended by inserting after the item relating to sec2 tion 2258 the following: 

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

‘‘Sec. 2258B. Limited liability for electronic communication service providers, 

remote computing service providers, or domain name registrar. 

‘‘Sec. 2258C. Use of images from the CyberTipline to combat child pornography. 

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

‘‘Sec. 2258E. Definitions.’’. 

3 TITLE IV—IMPROVEMENTS TO 

4 COMMERCE CLAUSE AU5 THORITIES TO ALLOW FOR 

6 EFFECTIVE CHILD PORNOG7 RAPHY PROSECUTIONS 

8 SEC. 401. EFFECTIVE CHILD PORNOGRAPHY PROSECUTION. 

9 (a) SEXUAL EXPLOITATION OF CHILDREN.—Section 

10 2251 of title 18, United States Code, is amended— 

11 (1) in subsection (a), by— 

12 (A) inserting ‘‘or for the purpose of trans13 mitting a live visual depiction of such conduct’’ 

14 after ‘‘for the purpose of producing any visual 

15 depiction of such conduct’’; and 

16 (B) by striking ‘‘transported’’ the first 

17 place it appears and all that follows and insert18 ing ‘‘transported or transmitted in or affecting 

19 interstate or foreign commerce or using a facil20 ity or means of interstate or foreign commerce 

21 or mailed, if that visual depiction was produced 


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1 or transmitted using materials that have been 

2 mailed, shipped, or transported in interstate or 

3 foreign commerce by any means, including by 

4 computer, or if such visual depiction has actu5 ally been transported or transmitted in or af6 fecting interstate or foreign commerce or using 

7 a facility or means of interstate or foreign com8 merce or mailed.’’; 

9 (2) in subsection (b), by— 

10 (A) inserting ‘‘or for the purpose of trans11 mitting a live visual depiction of such conduct’’ 

12 after ‘‘for the purpose of producing any visual 

13 depiction of such conduct’’; and 

14 (B) by striking ‘‘transported’’ the first 

15 place it appears and all that follows and insert16 ing the following: ‘‘transported or transmitted 

17 in or affecting interstate or foreign commerce 

18 or using a facility or means of interstate or for19 eign commerce or mailed, if that visual depic20 tion was produced or transmitted using mate21 rials that have been mailed, shipped, or trans22 ported in interstate or foreign commerce by any 

23 means, including by computer, or if such visual 

24 depiction has actually been transported or 

25 transmitted in or affecting interstate or foreign 


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1 commerce or using a facility or means of inter2 state or foreign commerce or mailed.’’; 

3 (3) in subsection (c)(2), by striking ‘‘computer’’ 

4 each place it appears and inserting ‘‘using a facility 

5 or means of interstate or foreign commerce’’; and 

6 (4) in subsection (d)(2), by striking ‘‘trans7 ported in interstate or foreign commerce by any 

8 means including by computer’’ each place it appears 

9 and inserting ‘‘transported in or affecting interstate 

10 or foreign commerce or using a facility or means of 

11 interstate or foreign commerce’’. 

12 (b) SELLING OR BUYING OF CHILDREN.—Section 

13 2251A(c)(2) of title 18, United States Code, is amended 

14 by striking ‘‘in interstate or foreign commerce by any 

15 means including by computer or’’ and inserting ‘‘in or af16 fecting interstate or foreign commerce or using a facility 

17 or means of interstate and foreign commerce or by’’. 

18 (c) CERTAIN ACTIVITIES RELATING TO MATERIAL

19 INVOLVING THE SEXUAL EXPLOITATION OF MINORS.— 

20 Section 2252(a) of title 18, United States Code, is amend21 ed— 

22 (1) in paragraph (1), by striking ‘‘in interstate 

23 or foreign commerce by any means including by 

24 computer’’ and inserting ‘‘in or affecting interstate 


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1 or foreign commerce or using a facility or means of 

2 interstate or foreign commerce’’; 

3 (2) in paragraph (2), in the matter preceding 

4 subparagraph (A)— 

5 (A) by striking ‘‘has been shipped or trans6 ported in interstate or foreign commerce’’ and 

7 inserting ‘‘has been shipped or transported in 

8 or affecting interstate or foreign commerce or 

9 using a facility or means of interstate or foreign 

10 commerce’’; and 

11 (B) by striking ‘‘distribution in interstate 

12 or foreign commerce’’ and inserting ‘‘distribu13 tion in or affecting interstate or foreign com14 merce or using a facility or means of interstate 

15 or foreign commerce’’; 

16 (3) in paragraph (3)(B), in the matter pre17 ceding clause (i), by striking ‘‘has been shipped or 

18 transported in interstate or foreign commerce’’ and 

19 inserting ‘‘has been shipped or transported in or af20 fecting interstate or foreign commerce or using a fa21 cility or means of interstate or foreign commerce’’; 

22 and 

23 (4) in paragraph (4)(B), in the matter pre24 ceding clause (i), by striking ‘‘has been shipped or 

25 transported in interstate or foreign commerce’’ and 


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1 inserting ‘‘has been shipped or transported in or af2 fecting interstate or foreign commerce or using a fa3 cility or means of interstate or foreign commerce’’. 

4 (d) CERTAIN ACTIVITIES RELATING TO MATERIAL

5 CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.— 

6 Section 2252A(a) of title 18, United States Code, is 

7 amended— 

8 (1) in paragraph (1), by striking ‘‘in interstate 

9 or foreign commerce by any means, including by 

10 computer’’ and inserting ‘‘in or affecting interstate 

11 foreign commerce or using a facility or means of 

12 interstate or foreign commerce’’; 

13 (2) in paragraph (2)— 

14 (A) in subparagraph (A), by striking ‘‘in 

15 interstate or foreign commerce by any means, 

16 including by computer’’ and inserting ‘‘in or af17 fecting interstate or foreign commerce or using 

18 a facility or means of interstate or foreign com19 merce’’; and 

20 (B) in subparagraph (B), by striking ‘‘in 

21 interstate or foreign commerce by any means, 

22 including by computer’’ and inserting ‘‘in or af23 fecting interstate or foreign commerce or using 

24 a facility or means of interstate or foreign com25 merce’’; 


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1 (3) in paragraph (3)— 

2 (A) in subparagraph (A), by striking ‘‘in 

3 interstate or foreign commerce by any means, 

4 including by computer’’ and inserting ‘‘in or af5 fecting interstate or foreign commerce or using 

6 a facility or means of interstate or foreign com7 merce’’; and 

8 (B) in subparagraph (B), by striking ‘‘in 

9 interstate or foreign commerce by any means, 

10 including by computer’’ and inserting ‘‘in or af11 fecting interstate or foreign commerce or using 

12 a facility or means of interstate or foreign com13 merce’’; 

14 (4) in paragraph (4)(B), by striking ‘‘in inter15 state or foreign commerce by any means, including 

16 by computer’’ the first place it appears and inserting 

17 ‘‘in or affecting interstate or foreign commerce or 

18 using a facility or means of interstate or foreign 

19 commerce’’; 

20 (5) in paragraph (5)(B), by striking ‘‘in inter21 state or foreign commerce by any means, including 

22 by computer’’ the first place it appears and inserting 

23 ‘‘in or affecting interstate or foreign commerce or 

24 using a facility or means of interstate or foreign 

25 commerce’’; and 


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1 (6) in paragraph (6)— 

2 (A) in subparagraph (A), by striking ‘‘in 

3 interstate or foreign commerce by any means, 

4 including by computer’’ and inserting ‘‘in or af5 fecting interstate or foreign commerce or using 

6 a facility or means of interstate or foreign com7 merce’’; and 

8 (B) in subparagraph (C), by striking 

9 ‘‘transmitting or causing to be transmitted any 

10 wire communication in interstate or foreign 

11 commerce, including by computer’’ and insert12 ing ‘‘or a facility or means of interstate or for13 eign commerce’’. 

14 (e) OBSCENE VISUAL REPRESENTATIONS OF THE

15 SEXUAL ABUSE OF CHILDREN.—Section 1466A(d)(4) of 

16 title 18, United States Code, is amended by striking 

17 ‘‘transported in interstate or foreign commerce by any 

18 means, including by computer’’ the first place it appears 

19 and inserting ‘‘transported in or affecting interstate or 

20 foreign commerce or using a facility or means of interstate 

21 or foreign commerce’’. 

22 (f) RULE OF CONSTRUCTION.—Nothing in this sec23 tion or the amendments made by this section may be con24 strued to— 


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1 (1) imply that there is not an overlap between 

2 conduct in or affecting interstate or foreign com3 merce and conduct using a facility or means of 

4 interstate or foreign commerce; or 

5 (2) foreclose any argument or ruling with re6 spect to any Federal law that, for the purposes of 

7 Federal jurisdiction, the use of a facility or means 

8 of interstate or foreign commerce affects interstate 

9 or foreign commerce. 


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Calendar No. 906 

110TH CONGRESS 

2D SESSION S. 3344 

A BILL 

To defend against child exploitation and child porwarranted release of convicted sex offenders. to block illegal images, and to eliminate the un- Against Children task forces and enhanced tools nography through improved Internet Crimes 

JULY 28, 2008 

Read the second time and placed on the calendar 


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