110TH CONGRESS 

2D SESSION S. 431

AN ACT

To require convicted sex offenders to register online 

identifiers, 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,
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1 SECTION 1. SHORT TITLE. 

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

3 Devoid of Sexual Predators Act of 2008’’ or the ‘‘KIDS 

4 Act of 2008’’. 

5 SEC. 2. REGISTRATION OF ONLINE IDENTIFIERS OF SEX 

6 OFFENDERS. 

7 (a) IN GENERAL.—Section 114(a) of the Sex Of8 fender Registration and Notification Act (42 U.S.C. 

9 16914(a)) is amended—

10 (1) by redesignating paragraphs (4) through 

11 (7) as paragraphs (5) through (8); and 

12 (2) by inserting after paragraph (3) the fol13 lowing: 

14 ‘‘(4) Any electronic mail address or other des15 ignation the sex offender uses or will use for self16 identification or routing in Internet communication 

17 or posting.’’. 

18 (b) UPDATING OF INFORMATION.—Section 113(c) of 

19 the Sex Offender Registration and Notification Act (42 

20 U.S.C. 16913(c)) is amended by adding at the end the 

21 following: ‘‘The Attorney General shall have the authority 

22 to specify the time and manner for reporting of other 

23 changes in registration information, including any addi24 tion or change of an electronic mail address or other des25 ignation used for self-identification or routing in Internet 

26 communication or posting.’’. 
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1 (c) FAILURE TO REGISTER ONLINE IDENTIFIERS.—

2 Section 2250 of title 18, United States Code, is amend3 ed—

4 (1) in subsection (b), by inserting ‘‘or (d)’’ after 

5 ‘‘subsection (a)’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(d) KNOWING FAILURE TO REGISTER ONLINE

8 IDENTIFIERS.—Whoever—

9 ‘‘(1) is required to register under the Sex Of10 fender Registration and Notification Act (42 U.S.C. 

11 16901 et seq.); and 

12 ‘‘(2) uses an email address or any other des13 ignation used for self-identification or routing in 

14 Internet communication or posting which the indi15 vidual knowingly failed to provide for inclusion in a 

16 sex offender registry as required under that Act; 

17 shall be fined under this title or imprisoned not more than 

18 10 years, or both.’’. 

19 (d) CONFORMING AMENDMENT; DIRECTIVE TO

20 UNITED STATES SENTENCING COMMISSION.—Section 

21 141(b) of the Adam Walsh Child Protection and Safety 

22 Act of 2006 (Public Law 109–248; 120 Stat. 602) is 

23 amended by striking ‘‘offense specified in subsection (a)’’ 

24 and inserting ‘‘offenses specified in subsections (a) and 

25 (d) of section 2250 of title 18, United States Code’’. 
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1 SEC. 3. CHECKING OF ONLINE IDENTIFIERS AGAINST SEX 

2 OFFENDER REGISTRATION INFORMATION. 

3 (a) PUBLIC ACCESS.—Section 118(b) of the Sex Of4 fender Registration and Notification Act (42 U.S.C. 

5 16918(b)) is amended—

6 (1) in paragraph (3), by striking ‘‘and’’ at the 

7 end; 

8 (2) by redesignating paragraph (4) as para9 graph (5); and 

10 (3) by inserting after paragraph (3) the fol11 lowing: 

12 ‘‘(4) any electronic mail address or designation 

13 used for self-identification or routing in Internet 

14 communication or posting; and’’. 

15 (b) ONLINE IDENTIFIER CHECKING SYSTEM FOR SO16 CIAL NETWORKING WEBSITES.—Section 121 of the Sex 

17 Offender Registration and Notification Act (42 U.S.C. 

18 16921) is amended by adding at the end the following: 

19 ‘‘(d) CHECKING SYSTEM FOR SOCIAL NETWORKING

20 WEBSITES.—

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

22 maintain a system available to social networking 

23 websites that permits the automated comparison of 

24 lists or databases of the electronic mail addresses 

25 and other designations used for self-identification or 

26 routing in Internet communication or posting of the 
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1 registered users of such websites, to the cor2 responding information contained in or derived from 

3 sex offender registries. 

4 ‘‘(2) QUALIFICATION FOR USE OF SYSTEM.—A 

5 social networking website seeking to use the system 

6 established under paragraph (1) shall submit an ap7 plication to the Attorney General which provides—

8 ‘‘(A) the name and legal status of the 

9 website; 

10 ‘‘(B) the contact information for the 

11 website; 

12 ‘‘(C) a description of the nature and oper13 ations of the website; 

14 ‘‘(D) a statement explaining why the 

15 website seeks to use the system; and 

16 ‘‘(E) such other information or attestations 

17 as the Attorney General may require to ensure 

18 that the website will use the system—

19 ‘‘(i) to protect the safety of the users 

20 of such website; and 

21 ‘‘(ii) not for any unlawful or improper 

22 purpose. 

23 ‘‘(3) SEARCHES AGAINST THE SYSTEM.—
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1 ‘‘(A) IN GENERAL.—A social networking 

2 website approved to use the system established 

3 under paragraph (1) shall—

4 ‘‘(i) submit the information to be 

5 compared in a form satisfying the technical 

6 requirements for searches against the sys7 tem; and 

8 ‘‘(ii) pay any fee established by the 

9 Attorney General for use of the system. 

10 ‘‘(B) FREQUENCY OF USE OF THE SYS11 TEM.—A social networking website approved by 

12 the Attorney General to use the system estab13 lished under paragraph (1) may conduct 

14 searches under the system as frequently as the 

15 Attorney General may allow. 

16 ‘‘(C) AUTHORITY OF AG TO SUSPEND

17 USE.—The Attorney General may deny, sus18 pend, or terminate use of the system by a social 

19 networking website that—

20 ‘‘(i) provides false information in its 

21 application for use of the system; or 

22 ‘‘(ii) may be using or seeks to use the 

23 system for any unlawful or improper pur24 pose. 
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1 ‘‘(4) LIMITATION ON RELEASE OF INTERNET

2 IDENTIFIERS.—

3 ‘‘(A) NO PUBLIC RELEASE.—Neither the 

4 Attorney General nor a social networking 

5 website approved to use the system established 

6 under paragraph (1) may release to the public 

7 any list of the e-mail addresses or other des8 ignations used for self-identification or routing 

9 in Internet communication or posting of sex of10 fenders contained in the system. 

11 ‘‘(B) ADDITIONAL LIMITATIONS.—The At12 torney General shall limit the release of infor13 mation obtained through the use of the system 

14 established under paragraph (1) by social net15 working websites approved to use such system. 

16 ‘‘(C) STRICT ADHERENCE TO LIMITA17 TION.—The use of the system established under 

18 paragraph (1) by a social networking website 

19 shall be conditioned on the website’s agreement 

20 to observe the limitations required under this 

21 paragraph. 

22 ‘‘(D) RULE OF CONSTRUCTION.—This sub23 section shall not be construed to limit the au24 thority of the Attorney General under any other 

25 provision of law to conduct or to allow searches 
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1 or checks against sex offender registration in2 formation. 

3 ‘‘(5) LIMITATION ON LIABILITY.—

4 ‘‘(A) IN GENERAL.—A civil claim against a 

5 social networking website, including any direc6 tor, officer, employee, parent, or agent of that 

7 social networking website, arising from the use 

8 by such website of the National Sex Offender 

9 Registry, may not be brought in any Federal or 

10 State court. 

11 ‘‘(B) INTENTIONAL, RECKLESS, OR OTHER

12 MISCONDUCT.—Subsection (a) shall not apply 

13 to a claim if the social networking website, or 

14 a director, officer, employee, or agent of that 

15 social networking website—

16 ‘‘(i) engaged in intentional mis17 conduct; or 

18 ‘‘(ii) acted, or failed to act—

19 ‘‘(I) with actual malice; 

20 ‘‘(II) with reckless disregard to a 

21 substantial risk of causing injury 

22 without legal justification; or 

23 ‘‘(III) for a purpose unrelated to 

24 the performance of any responsibility 
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1 or function described in paragraph 

2 (3). 

3 ‘‘(C) ORDINARY BUSINESS ACTIVITIES.—

4 Subsection (a) shall not apply to an act or 

5 omission to act relating to an ordinary business 

6 activity of any social networking website, in7 cluding to any acts related to the general ad8 ministration or operations of such website, the 

9 use of motor vehicles by employees or agents of 

10 such website, or any personnel management de11 cisions of such websites. 

12 ‘‘(D) MINIMIZING ACCESS.—A social net13 working website shall minimize the number of 

14 employees that are provided access to the list of 

15 electronic mail addresses, and other designa16 tions used for self-identification or routing in 

17 Internet communication or posting by persons 

18 in the National Sex Offender Registry. 

19 ‘‘(6) RULE OF CONSTRUCTION.—Nothing is this 

20 section shall be construed to require any Internet 

21 website, including a social networking website, to 

22 compare its database of registered users with the list 

23 of electronic mail addresses and other designations 

24 used for self-identification or routing in Internet 

25 communication or posting by persons in the National 
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1 Sex Offender Registry, and no Federal or State li2 ability, or any other actionable adverse consequence, 

3 shall be imposed on such website based on its deci4 sion not to compare its database with such list.’’. 

5 SEC. 4. DEFINITIONS. 

6 Section 111 of the Sex Offender Registration and No7 tification Act (42 U.S.C. 16911) is amended by adding 

8 at the end the following: 

9 ‘‘(15) The term ‘social networking website’ 

10 means an Internet website that—

11 ‘‘(A) allows users, through the creation of 

12 web pages or profiles or by other means, to pro13 vide information about themselves that is avail14 able publicly or to other users; and 

15 ‘‘(B) offers a mechanism for communica16 tion with other users. 

17 ‘‘(16) The term ‘Internet’ has the meaning 

18 given that term in section 1101 of the Internet Tax 

19 Freedom Act (47 U.S.C. 151 note). 

20 ‘‘(17) The term ‘electronic mail address’ has 

21 the meaning given that term in section 3 of the Con22 trolling the Assault of Non-Solicited Pornography 

23 and Marketing Act of 2003 (15 U.S.C. 7702).’’. 
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1 SEC. 5. CRIMINALIZATION OF AGE MISREPRESENTATION IN 

2 CONNECTION WITH ONLINE SOLICITATION 

3 OF A MINOR. 

4 Section 2422 of title 18, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(c) MISREPRESENTATION OF AGE.—Whoever know7 ingly misrepresents his or her age using the Internet or 

8 any other facility or means of interstate or foreign com9 merce or the mail, with the intent to further or facilitate 

10 a violation of this section, shall be fined under this title 

11 and imprisoned not more than 20 years. A sentence im12 posed under this subsection shall be in addition and con13 secutive to any sentence imposed for the offense the age 

14 misrepresentation was intended to further or facilitate.’’. 

15 SEC. 6. KNOWINGLY ACCESSING CHILD PORNOGRAPHY 

16 WITH THE INTENT TO VIEW CHILD PORNOG17 RAPHY. 

18 (a) MATERIALS INVOLVING SEXUAL EXPLOITATION

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

20 States Code, is amended—

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

22 knowingly accesses with intent to view,’’ after ‘‘pos23 sesses’’; and 

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

25 knowingly accesses with intent to view,’’ after ‘‘pos26 sesses’’. 
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1 (b) MATERIALS CONSTITUTING OR CONTAINING

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

3 United States Code, is amended—

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

5 knowingly accesses with intent to view,’’ after ‘‘pos6 sesses’’; and 

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

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

10 SEC. 7. CLARIFYING BAN OF CHILD PORNOGRAPHY. 

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

12 States Code, is amended—

13 (1) in section 2251—

14 (A) in each of subsections (a), (b), and (d), 

15 by inserting ‘‘using any means or facility of 

16 interstate or foreign commerce or’’ after ‘‘be 

17 transported’’; 

18 (B) in each of subsections (a) and (b), by 

19 inserting ‘‘using any means or facility of inter20 state or foreign commerce or’’ after ‘‘been 

21 transported’’; 

22 (C) in subsection (c), by striking ‘‘com23 puter’’ each place that term appears and insert24 ing ‘‘using any means or facility of interstate or 

25 foreign commerce’’; and 
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1 (D) in subsection (d), by inserting ‘‘using 

2 any means or facility of interstate or foreign 

3 commerce or’’ after ‘‘is transported’’; 

4 (2) in section 2251A(c), by inserting ‘‘using 

5 any means or facility of interstate or foreign com6 merce or’’ after ‘‘or transported’’; 

7 (3) in section 2252(a)—

8 (A) in paragraph (1), by inserting ‘‘using 

9 any means or facility of interstate or foreign 

10 commerce or’’ after ‘‘ships’’; 

11 (B) in paragraph (2)—

12 (i) by inserting ‘‘using any means or 

13 facility of interstate or foreign commerce 

14 or’’ after ‘‘distributes, any visual depic15 tion’’; and 

16 (ii) by inserting ‘‘using any means or 

17 facility of interstate or foreign commerce 

18 or’’ after ‘‘depiction for distribution’’; 

19 (C) in paragraph (3)—

20 (i) by inserting ‘‘using any means or 

21 facility of interstate or foreign commerce’’ 

22 after ‘‘so shipped or transported’’; and 

23 (ii) by striking ‘‘by any means,’’; and 

24 (D) in paragraph (4), by inserting ‘‘using 

25 any means or facility of interstate or foreign 
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1 commerce or’’ after ‘‘has been shipped or trans2 ported’’; and 

3 (4) in section 2252A(a)—

4 (A) in paragraph (1), by inserting ‘‘using 

5 any means or facility of interstate or foreign 

6 commerce or’’ after ‘‘ships’’; 

7 (B) in paragraph (2), by inserting ‘‘using 

8 any means or facility of interstate or foreign 

9 commerce’’ after ‘‘mailed, or’’ each place it ap10 pears; 

11 (C) in paragraph (3), by inserting ‘‘using 

12 any means or facility of interstate or foreign 

13 commerce or’’ after ‘‘mails, or’’ each place it 

14 appears; 

15 (D) in each of paragraphs (4) and (5), by 

16 inserting ‘‘using any means or facility of inter17 state or foreign commerce or’’ after ‘‘has been 

18 mailed, or shipped or transported’’; and 

19 (E) in paragraph (6), by inserting ‘‘using 

20 any means or facility of interstate or foreign 

21 commerce or’’ after ‘‘has been mailed, shipped, 

22 or transported’’. 

23 (b) AFFECTING INTERSTATE COMMERCE.—Chapter 

24 110 of title 18, United States Code, is amended in each 

25 of sections 2251, 2251A, 2252, and 2252A, by striking 
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1 ‘‘in interstate’’ each place it appears and inserting ‘‘in or 

2 affecting interstate’’. 

3 (c) CERTAIN ACTIVITIES RELATING TO MATERIAL

4 INVOLVING THE SEXUAL EXPLOITATION OF MINORS.—

5 Section 2252(a)(3)(B) of title 18, United States Code, is 

6 amended by inserting ‘‘, shipped, or transported using any 

7 means or facility of interstate or foreign commerce’’ after 

8 ‘‘that has been mailed’’. 

9 (d) CERTAIN ACTIVITIES RELATING TO MATERIAL

10 CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.—

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

12 is amended by striking ‘‘or by transmitting’’ and all that 

13 follows through ‘‘by computer,’’ and inserting ‘‘or any 

14 means or facility of interstate or foreign commerce,’’. 

Passed the Senate May 20, 2008. 

Attest:

Secretary. 
110TH CONGRESS 

2D SESSION S. 431

AN ACT

To require convicted sex offenders to register online 

identifiers, and for other purposes.