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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 431 Reported in Senate (RS)]

                                                       Calendar No. 706
110th CONGRESS
  2d Session
                                 S. 431

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 30, 2007

   Mr. Schumer (for himself, Mr. McCain, Mr. Stevens, Ms. Snowe, Mr. 
Grassley, Mr. Obama, Mr. Specter, Mrs. Clinton, Ms. Landrieu, Mr. Kyl, 
Ms. Klobuchar, Mrs. Hutchison, Mr. Kerry, Mr. Johnson, Mr. Cardin, Mrs. 
  Feinstein, Mr. Cornyn, Mr. Leahy, Mr. Lieberman, Mr. Crapo, and Mr. 
    Vitter) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

                             April 22, 2008

                 Reported by Mr. Leahy, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Keeping the Internet Devoid of 
Sexual Predators Act of 2007'' or the ``KIDS Act of 2007''.

SEC. 2. REGISTRATION OF ONLINE IDENTIFIERS OF SEX OFFENDERS.

    (a) In General.--Section 114(a) of the Sex Offender Registration 
and Notification Act (42 U.S.C. 16914(a)) is amended--
            (1) by redesignating paragraphs (4) through (7) as 
        paragraphs (5) through (8); and
            (2) by inserting after paragraph (3) the following:
        <DELETED>    ``(4) Any electronic mail address, instant message 
        address, or other similar Internet identifier the sex offender 
        used or will use to communicate over the Internet.</DELETED>
            ``(4) Any electronic mail address, instant message address, 
        or other designation the sex offender uses or will use for 
        self-identification or routing in an Internet communication or 
        posting.''.
    (b) Updating of Information.--Section 113(c) of the Sex Offender 
Registration and Notification Act (42 U.S.C. 16913(c)) is amended by 
inserting ``and before any use of an electronic mail address, instant 
message address, <DELETED>or other similar Internet identifier not 
provided under subsection (b) by the sex offender to communicate over 
the Internet,</DELETED> or other designation used for self-
identification or routing in an Internet communication or posting that 
is not included in the sex offender's registration information,'' after 
``or student status,''.
    (c) Failure To Register Online Identifiers.--Section 2250 of title 
18, United States Code, is amended--
            (1) in subsection (b), by inserting ``or (d)'' after 
        ``subsection (a)''; and
            (2) by adding at the end the following:
    ``(d) Knowing Failure To Register Online Identifiers.--
            ``(1) In general.--It shall be unlawful for any person who 
        is required to register under the Sex Offender Registration and 
        Notification Act (42 U.S.C. 16901 et seq.) to knowingly fail to 
        provide an electronic mail <DELETED>address, instant message 
        address, or other similar Internet identifier used by that 
        person to communicate over the Internet</DELETED> address, 
        instant message address, or other designation used for self-
        identification or routing in an Internet communication or 
        posting to the appropriate official for inclusion in the sex 
        offender registry, as required under that Act.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined under this title, imprisoned not more than 10 years, 
        or both.''.
    (d) Conforming Amendment; Directive to United States Sentencing 
Commission.--Section 141(b) of the Adam Walsh Child Protection and 
Safety Act of 2006 (Public Law 109-248; 120 Stat. 602) is amended by 
striking ``offense specified in subsection (a)'' and inserting 
``offenses specified in subsections (a) and (d) of section 2250 of 
title 18, United States Code''.

SEC. 3. RELEASE OF ELECTRONIC MAIL ADDRESSES, INSTANT MESSAGE 
              ADDRESSES, OR OTHER SIMILAR INTERNET IDENTIFIERS.

    (a) Public Access.--Section 118(b) of the Sex Offender Registration 
and Notification Act (42 U.S.C. 16918(b)) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following:
            ``(4) any electronic mail address, instant message address, 
        or other similar Internet identifier used by the sex offender; 
        and''.
    (b) National Registry.--Section 119 of the Sex Offender 
Registration and Notification Act (42 U.S.C. 16919) is amended by 
adding at the end the following:
    ``(c) Release of Electronic Mail Addresses, Instant Message 
Addresses, or Other Similar Internet Identifiers to Commercial Social 
Networking Website.--
            ``(1) In general.--The Attorney General shall maintain a 
        system allowing a commercial social networking website to 
        compare the database of registered users of that commercial 
        social networking website to the list of electronic mail 
        addresses, instant message addresses, and other similar 
        Internet identifiers of persons in the National Sex Offender 
        Registry.
            ``(2) Process for release of electronic mail addresses, 
        instant message addresses, or other similar internet 
        identifiers.--A commercial social networking website desiring 
        to compare its database of registered users to the list of 
        electronic mail addresses, instant messages, and other similar 
        Internet identifiers of persons in the National Sex Offender 
        Registry shall provide to the Attorney General--
                    ``(A) the name, address, and telephone number of 
                the commercial social networking website;
                    ``(B) the specific legal nature and corporate 
                status of the commercial social networking website;
                    ``(C) an affirmation signed by the chief legal 
                officer of the commercial social networking website 
                that the information obtained from that database shall 
                not be disclosed for any purpose other than for 
                comparing the database of registered users of that 
                commercial social networking website against the list 
                of electronic mail addresses, instant message 
                addresses, and other similar Internet identifiers of 
                persons in the National Sex Offender Registry to 
                protect <DELETED>children</DELETED> individuals from 
                online sexual predators and that disclosure of this 
                information for purposes other than those under this 
                section may be unlawful; and
                    ``(D) the name, address, and telephone number of a 
                natural person who consents to service of process for 
                the commercial social networking website.
            ``(3) Use of database.--After a commercial social 
        networking website has complied with paragraph (2) and paid any 
        fee established by the Attorney General, the commercial social 
        networking website may screen new users or compare its database 
        of registered users to the list of electronic mail addresses, 
        instant message addresses, and other similar Internet 
        identifiers of persons in the National Sex Offender Registry as 
        frequently as the Attorney General may allow for the purpose of 
        identifying a registered user associated with an electronic 
        mail address, instant message address, or other similar 
        Internet identifier contained in the National Sex Offender 
        Registry.
        <DELETED>    ``(4) Liability relief for social networking sites 
        using the registry information to protect users.--</DELETED>
                <DELETED>    ``(A) In general.--If a commercial social 
                networking website complies with this section, a 
                covered civil action against that commercial social 
                networking website or any director, officer, employee, 
                or agent of that commercial social networking website 
                may not be brought in any Federal or State 
                court.</DELETED>
                <DELETED>    ``(B) Definition.--In this paragraph, the 
                term `covered civil action' means a civil action 
                relating to the use of the information in the National 
                Sex Offender Registry by a commercial social networking 
                website to screen users or compare its database of 
                registered users for the purpose of identifying a 
                registered user associated with an electronic mail 
                address, instant message address, or other similar 
                Internet identifier information contained in the 
                National Sex Offender Registry.</DELETED>
        <DELETED>    ``(5) Interim period.--In any interim period 
        before the National Sex Offender Registry is implemented, any 
        commercial social networking website shall have access to the 
        electronic mail addresses, instant message addresses, and other 
        similar Internet identifiers of persons required to register in 
        a jurisdiction's sex offender registry through the methods set 
        forth in paragraphs (2) and (3). Until such time as the 
        National Sex Offender Registry is implemented, the term 
        `Attorney General' shall be replaced with `the jurisdiction' 
        and the term `the National Sex Offender Registry' shall be 
        replaced with `a jurisdiction's sex offender registry' in 
        paragraphs (2) and (3).''.</DELETED>
            ``(4) Limitation on release of internet identifiers.--
        Except as explicitly provided for in this section or for a 
        necessary law enforcement purpose, the Attorney General may not 
        authorize the release or dissemination of any Internet 
        identifier contained in the National Sex Offender Registry.
            ``(5) Limitation on liability.--
                    ``(A) In general.--A civil claim against a 
                commercial social networking website, including any 
                director, officer, employee, or agent of that 
                commercial social networking website, arising from the 
                use by such website of the National Sex Offender 
                Registry, may not be brought in any Federal or State 
                court.
                    ``(B) Intentional, reckless, or other misconduct.--
                Subsection (a) shall not apply to a claim if the 
                commercial social networking website, or a director, 
                officer, employee, or agent of that commercial social 
                networking website--
                            ``(i) engaged in intentional misconduct; or
                            ``(ii) acted, or failed to act--
                                    ``(I) with actual malice;
                                    ``(II) with reckless disregard to a 
                                substantial risk of causing injury 
                                without legal justification; or
                                    ``(III) for a purpose unrelated to 
                                the performance of any responsibility 
                                or function described in paragraph (3).
                    ``(C) Ordinary business activities.--Subsection (a) 
                shall not apply to an act or omission to act relating 
                to an ordinary business activity of any commercial 
                social networking website, including to any acts 
                related to the general administration or operations of 
                such website, the use of motor vehicles by employees or 
                agents of such website, or any personnel management 
                decisions of such websites.
                    ``(D) Minimizing access.--A commercial social 
                networking website shall minimize the number of 
                employees that are provided access to the list of 
                electronic mail addresses, instant message addresses, 
                and other similar Internet identifiers of persons in 
                the National Sex Offender Registry.
            ``(6) Rule of construction.--Nothing is this section shall 
        be construed to require any Internet website, including a 
        commercial social networking website, to compare its database 
        of registered users with the list of electronic mail addresses, 
        instant message addresses, and other similar Internet 
        identifiers of persons in the National Sex Offender Registry, 
        and no Federal or State liability, or any other actionable 
        adverse consequence, shall be imposed on such website based on 
        its decision not to compare its database with such list.''.

SEC. 4. DEFINITIONS.

    Section 111 of the Sex Offender Registration and Notification Act 
(42 U.S.C. 16911) <DELETED>is amended--
        <DELETED>    (1) in paragraph (7)(H), by striking the period 
        and inserting the following: ``, except that it shall not be 
        necessary to show that the sexual conduct actually occurred or 
        to offer proof that the defendant engaged in an act, other than 
        use of the Internet to facilitate criminal sexual conduct 
        involving a minor.''; and</DELETED>
            (2)</DELETED> by adding at the end the following:</DELETED> 
        is amended by adding at the end the following:
            ``(15) The term `commercial social networking website' 
        means a commercially operated Internet website that--
                <DELETED>    ``(A) allows users to create web pages or 
                profiles that provide information about themselves and 
                are available publicly or to other users; and</DELETED>
                    ``(A) allows users, through the creation of web 
                pages or profiles or by other means, to provide 
                information about themselves that is available publicly 
                or to other users; and
                    ``(B) offers a mechanism for communication with 
                other users, such as a forum, chat room, electronic 
                mail, or instant messenger.
        <DELETED>    ``(16) The term `chat room' means any Internet 
        website through which a number of users can communicate in real 
        time via text and that allows messages to be almost immediately 
        visible to all other users or to a designated segment of all 
        other users.</DELETED>
            ``(16) The term `chat room' means any Internet service 
        through which a number of users can communicate in real time so 
        that communications are almost immediately available to all 
        other users or to a designated segment of all other users.
            ``(17) The term `Internet' has the meaning given that term 
        in section 1101 of the Internet Tax Freedom Act (47 U.S.C. 151 
        note).
            ``(18) The term `electronic mail address' has the meaning 
        given that term in section 3 of the Controlling the Assault of 
        Non-Solicited Pornography and Marketing Act of 2003 (15 U.S.C. 
        7702).
            ``(19) The term `instant message address' means an 
        identifier that allows a person to <DELETED>communication</DELETED> 
        communicate in real-time with another person using the 
        Internet.''.

SEC. 5. CRIMINALIZATION OF AGE MISREPRESENTATION IN CONNECTION WITH 
              ONLINE SOLICITATION OF A MINOR.

    Section 2252C of title 18, United States Code, is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following:
<DELETED>    ``(c) Age Misrepresentation.--Any person 18 years or older 
who knowingly misrepresents their age with the intent to use the 
Internet to engage in criminal sexual conduct involving a minor, or to 
facilitate or attempt such conduct, shall be fined under this title and 
imprisoned for not more than 20 years. Such penalty shall be in 
addition to any penalty pursuant to the laws of any jurisdiction for 
the crime of using the Internet to engage in criminal sexual conduct 
involving a minor, or to facilitate or attempt such 
conduct.''.</DELETED>
    ``(c) Age of Misrepresentation.--Any person 18 years or older who 
knowingly misrepresents his or her age with the intent to use the 
Internet, to operate a facility, by mail, or by any other means of 
interstate or foreign commerce to engage in criminal sexual conduct 
involving a minor who is at least 4 years younger than the person 
engaging in such conduct, or to facilitate or attempt such conduct, 
shall be fined under this title and imprisoned for not more than 20 
years. Such penalty shall be in addition to any penalty pursuant to the 
laws of any jurisdiction for the crime of using the Internet to engage 
in criminal sexual conduct involving a minor, or to facilitate or 
attempt such conduct.''.

SEC. 6. KNOWINGLY ACCESSING CHILD PORNOGRAPHY WITH THE INTENT TO WATCH 
              CHILD PORNOGRAPHY.

    (a) Materials Involving Sexual Exploitation of Minors.--Section 
2252(a)(4) of title 18, United States Code, is amended--
            (1) in subparagraph (A), by inserting ``, or knowingly 
        accesses with intent to view,'' after ``possesses''; and
            (2) in subparagraph (B), by inserting ``, or knowingly 
        accesses with intent to view,'' after ``possesses''.
    (b) Materials Constituting or Containing Child Pornography.--
Section 2252A(a)(5) of title 18, United States Code, is amended--
            (1) in subparagraph (A), by inserting ``, or knowingly 
        accesses with intent to view,'' after ``possesses''; and
            (2) in subparagraph (B), by inserting ``, or knowingly 
        accesses with intent to view,'' after ``possesses''.

SEC. 7. CLARIFYING BAN OF CHILD PORNOGRAPHY.

    (a) In General.--Chapter 110 of title 18, United States Code, is 
amended--
            (1) in section 2251--
                    (A) in each of subsections (a), (b), and (d), by 
                inserting ``using any means or facility of interstate 
                or foreign commerce or'' after ``be transported'';
                    (B) in each of subsections (a) and (b), by 
                inserting ``using any means or facility of interstate 
                or foreign commerce or'' after ``been transported''; 
                and
                    (C) in subsection (d), by inserting ``using any 
                means or facility of interstate or foreign commerce 
                or'' after ``is transported'';
            (2) in section 2251A(c), by inserting ``using any means or 
        facility of interstate or foreign commerce or'' after ``or 
        transported'';
            (3) in section 2252(a)--
                    (A) in paragraph (1), by inserting ``using any 
                means or facility of interstate or foreign commerce 
                or'' after ``ships'';
                    (B) in paragraph (2)--
                            (i) by inserting ``using any means or 
                        facility of interstate or foreign commerce or'' 
                        after ``distributes, any visual depiction''; 
                        and
                            (ii) by inserting ``using any means or 
                        facility of interstate or foreign commerce or'' 
                        after ``depiction for distribution''; and
                    (C) in paragraph (4), by inserting ``using any 
                means or facility of interstate or foreign commerce 
                or'' after ``has been shipped or transported''; and
            (4) in section 2252A(a)--
                    (A) in paragraph (1), by inserting ``using any 
                means or facility of interstate or foreign commerce 
                or'' after ``ships'';
                    (B) in paragraph (3), by inserting ``using any 
                means or facility of interstate or foreign commerce 
                or'' after ``mails, or'' each place it appears;
                    (C) in each of paragraphs (4) and (5), by inserting 
                ``using any means or facility of interstate or foreign 
                commerce or'' after ``has been mailed, or shipped or 
                transported''; and
                    (D) in paragraph (6), by inserting ``using any 
                means or facility of interstate or foreign commerce 
                or'' after ``has been mailed, shipped, or 
                transported''.
    (b) Affecting Interstate Commerce.--Chapter 110 of title 18, United 
States Code, is amended in each of sections 2251, 2251A, 2252, and 
2252A, by striking ``in interstate'' each place it appears and 
inserting ``in or affecting interstate''.
    (c) Certain Activities Relating to Material Involving the Sexual 
Exploitation of Minors.--Section 2252(a)(3)(B) of title 18, United 
States Code, is amended by inserting ``, shipped, or transported using 
any means or facility of interstate or foreign commerce'' after ``that 
has been mailed''.
    (d) Certain Activities Relating to Material Constituting or 
Containing Child Pornography.--Section 2252A(a)(6)(C) of title 18, 
United States Code, is amended by striking ``or by transmitting'' and 
all that follows through ``by computer,'' and inserting ``or any means 
or facility of interstate or foreign commerce,''.
                                                       Calendar No. 706

110th CONGRESS

  2d Session

                                 S. 431

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             April 22, 2008

                        Reported with amendments
```