II 

110TH CONGRESS 

1ST SESSION S. 519 

To modernize and expand the reporting requirements relating to child pornography, to expand cooperation in combating child pornography, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2007 

Mr. MCCAIN (for himself, Mr. SCHUMER, and Mr. KYL) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To modernize and expand the reporting requirements relating 

to child pornography, to expand cooperation in combating 

child pornography, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Securing Adolescents 

5 From Exploitation-Online Act of 2007’’ or the ‘‘SAFE Act 

6 of 2007’’. 


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1 SEC. 2. REPORTING REQUIREMENTS OF ELECTRONIC COM2 MUNICATION SERVICE PROVIDERS AND RE3 MOTE COMPUTING SERVICE PROVIDERS. 

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

5 States Code, is amended by inserting after section 2258 

6 the following: 

7 ‘‘§ 2258A. Reporting requirements of electronic com8 munication service providers and remote 

9 computing service providers 

10 ‘‘(a) DUTY TO REPORT.— 

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

12 providing an electronic communication service or a 

13 remote computing service to the public through a fa14 cility or means of interstate or foreign commerce, 

15 obtains actual knowledge of any facts or cir16 cumstances described in paragraph (2) shall, as soon 

17 as reasonably possible, make a report of such facts 

18 or circumstances to the CyberTipline of the National 

19 Center for Missing and Exploited Children, or any 

20 successor to the CyberTipline operated by such cen21 ter. 

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 pornography 

3 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), including the electronic mail address, 

14 website address, uniform resource locator, or any 

15 other identifying information. 

16 ‘‘(2) HISTORICAL REFERENCE.—Information 

17 relating to when any apparent child pornography 

18 was uploaded, transmitted, reported to, or discovered 

19 by the electronic communication service provider or 

20 remote computing service provider, as the case may 

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

22 ‘‘(3) GEOGRAPHIC LOCATION INFORMATION.— 

23 Information relating to the geographic location of 

24 the involved individual, hosting website, or uniform 

25 resource locator, including the street address, teleVerDate Aug 31 2005 04:32 Feb 09, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S519.IS S519

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1 phone number, area code, zip code, or any Internet 

2 Protocol address. 

3 ‘‘(4) IMAGES OF APPARENT CHILD PORNOG4 RAPHY.—Any image of any apparent child pornog5 raphy relating to the incident such report is regard6 ing. 

7 ‘‘(5) COMPANY CONTACT INFORMATION.—Accu8 rate contact information for the electronic commu9 nication service provider or remote computing serv10 ice provider making the report, including the ad11 dress, telephone number, facsimile number, elec12 tronic mail address of, and individual point of con13 tact for, such electronic communication service pro14 vider or remote computing service provider. 

15 ‘‘(c) FORWARDING OF REPORT TO LAW ENFORCE16 MENT.— 

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

18 Missing and Exploited Children shall forward each 

19 report made under subsection (a)(1) to any appro20 priate law enforcement agency designated by the At21 torney General under subsection (d)(2). 

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

23 The National Center for Missing and Exploited Chil24 dren may forward any report made under subsection 

25 (a)(1) to an appropriate official of a State or politVerDate Aug 31 2005 04:32 Feb 09, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S519.IS S519

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1 ical subdivision of a State for the purpose of enforc2 ing State criminal law. 

3 ‘‘(3) FOREIGN LAW ENFORCEMENT.—The Na4 tional Center for Missing and Exploited Children 

5 may forward any report made under subsection 

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

7 agency designated by the Attorney General under 

8 subsection (d)(3), subject to the conditions estab9 lished by the Attorney General under subsection 

10 (d)(3). 

11 ‘‘(d) ATTORNEY GENERAL RESPONSIBILITIES.— 

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

13 enforce this section. 

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

15 The Attorney General shall designate promptly the 

16 Federal law enforcement agency or agencies to 

17 which a report shall be forwarded under subsection 

18 (c)(1). 

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

20 The Attorney General shall promptly— 

21 ‘‘(A) designate the foreign law enforcement 

22 agencies to which a report may be forwarded 

23 under subsection (c)(3); and 


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1 ‘‘(B) establish the conditions under which 

2 such a report may be forwarded to such agen3 cies. 

4 ‘‘(e) FAILURE TO REPORT.—An electronic commu5 nication service provider or remote computing service pro6 vider that knowingly and willfully fails to make a report 

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

8 ‘‘(1) in the case of an initial knowing and will9 ful failure to make a report, not more than 

10 $150,000; and 

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

12 knowing and willful failure to make a report, not 

13 more than $300,000. 

14 ‘‘(f) PROTECTION OF PRIVACY.—Nothing in this sec15 tion shall be construed to require an electronic commu16 nication service provider or a remote computing service 

17 provider to— 

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

19 of that provider; 

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

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

22 ‘‘(3) affirmatively seek facts or circumstances 

23 described in subsection (a)(2). 

24 ‘‘(g) CONDITIONS OF DISCLOSURE OF INFORMATION

25 CONTAINED WITHIN REPORT.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), a law enforcement agency that receives a 

3 report under subsection (c) shall not disclose any in4 formation contained in that report. 

5 ‘‘(2) PERMITTED DISCLOSURES.—A law en6 forcement agency may disclose information in a re7 port received under subsection (c)— 

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

9 use in the performance of the official duties of 

10 that attorney; 

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

12 law enforcement agency, as may be necessary in 

13 the performance of their investigative and rec14 ordkeeping functions; 

15 ‘‘(C) to such other government personnel 

16 (including personnel of a State or subdivision of 

17 a State) as are determined to be necessary by 

18 an attorney for the government to assist the at19 torney in the performance of the official duties 

20 of the attorney in enforcing Federal criminal 

21 law; 

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

23 State criminal law, to an appropriate official of 

24 a State or subdivision of a State for the pur25 pose of enforcing such State law; or 


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

2 the attorney for that defendant, to the extent 

3 the information relates to a criminal charge 

4 pending against that defendant. 

5 ‘‘(h) EVIDENCE PRESERVATION.— 

6 ‘‘(1) IN GENERAL.—An electronic communica7 tion service provider or a remote computing service 

8 provider shall store any image and other information 

9 relating to the facts or circumstances of any incident 

10 reported under subsection (a)(1) for not less than 

11 180 days after the date that the report is trans12 mitted to the National Center for Missing and Ex13 ploited Children through the CyberTipline, or for 

14 such longer period of time as may be requested by 

15 a law enforcement agency. 

16 ‘‘(2) DESTRUCTION OF EVIDENCE.—An elec17 tronic communication service provider or a remote 

18 computing service provider shall not destroy any 

19 data that, to the knowledge of that electronic com20 munication service provider or remote computing 

21 service provider, relates to an incident reported 

22 under subsection (a)(1) during the 180-day period 

23 beginning on the date that report is transmitted to 

24 the National Center for Missing and Exploited Chil25 dren through the CyberTipline, or for such longer 


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1 period of time as may be requested by a law enforce2 ment agency. 

3 ‘‘§ 2258B. Limited liability for electronic communica4 tion service providers and remote com5 puting service providers 

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

8 against an electronic communication service provider or a 

9 remote computing service provider, including any director, 

10 officer, employee, or agent of such electronic communica11 tion service provider or remote computing service provider, 

12 arising from the performance of the reporting responsibil13 ities of such electronic communication service provider or 

14 remote computing service provider under this section, sec15 tion 2258A, or section 2258C 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 if 

19 the electronic communication service provider or remote 

20 computing service provider, or a director, officer, em21 ployee, or agent of that electronic communication service 

22 provider or remote computing service provider— 

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

24 ‘‘(2) acted, or failed to act— 

25 ‘‘(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 section 

7 2258C. 

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

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

10 ordinary business activity of an electronic communication 

11 service provider or a remote computing service provider, 

12 including general administration or operations, the use of 

13 motor vehicles, or personnel management. 

14 ‘‘(d) MINIMIZING ACCESS.—An electronic commu15 nication service provider and a remote computing service 

16 provider shall— 

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

18 are provided access to any image provided under sec19 tion 2258A or 2258C; and 

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

21 destroyed, upon notification from a law enforcement 

22 agency. 


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1 ‘‘§ 2258C. Use of images from the CyberTipline to 

2 combat child pornography 

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

4 and Exploited Children is authorized to provide elements 

5 relating to any image reported to its CyberTipline to an 

6 electronic communication service provider or a remote 

7 computing service provider for the sole and exclusive pur8 pose of permitting that electronic communication service 

9 provider or remote computing service provider to stop the 

10 further transmission of images. Such elements may in11 clude unique identifiers associated with a specific image, 

12 Internet location of images, and other technological ele13 ments that can be used to identify and stop the trans14 mission of child pornography. 

15 ‘‘(b) USE BY ELECTRONIC COMMUNICATION SERVICE

16 PROVIDERS AND REMOTE COMPUTING SERVICE PRO17 VIDERS.—Any electronic communication service provider 

18 or remote computing service provider that receives ele19 ments relating to an image from the National Center for 

20 Missing and Exploited Children under this section may 

21 use such information only for the purposes described in 

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

23 electronic communication service provider or remote com24 puting service provider from its reporting obligations 

25 under section 2258A. 


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1 ‘‘§ 2258D. Limited liability for the National Center for 

2 Missing and Exploited Children 

3 ‘‘(a) IN GENERAL.—Except as provided in sub4 sections (b) and (c), a civil claim or criminal charge 

5 against the National Center for Missing and Exploited 

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

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

8 CyberTipline responsibilities or functions of such center, 

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

10 this title, or section 404 of the Missing Children’s Assist11 ance Act (42 U.S.C. 5773), or from the effort of such cen12 ter to identify child victims may not be brought in any 

13 Federal or State court. 

14 ‘‘(b) INTENTIONAL, RECKLESS, OR OTHER MIS15 CONDUCT.—Subsection (a) shall not apply to a claim or 

16 charge if the National Center for Missing and Exploited 

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

18 center— 

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

20 ‘‘(2) acted, or failed to act— 

21 ‘‘(A) with actual malice; 

22 ‘‘(B) with reckless disregard to a substan23 tial risk of causing injury without legal jus24 tification; or 

25 ‘‘(C) for a purpose unrelated to the per26 formance of any responsibility or function 


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

2 this title, or section 404 of the Missing Chil3 dren’s Assistance Act (42 U.S.C. 5773). 

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

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

6 ordinary business activity, including general administra7 tion or operations, the use of motor vehicles, or personnel 

8 management. 

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

10 Missing and Exploited Children shall— 

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

12 are provided access to any image provided under sec13 tion 2258A; and 

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

15 destroyed upon notification from a law enforcement 

16 agency. 

17 ‘‘§ 2258E. Definitions 

18 ‘‘In sections 2258A through 2258D— 

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

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

21 rule 1 of the Federal Rules of Criminal Procedure; 

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

23 has the meaning given that term in section 2510; 


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

2 meaning given that term in section 3 of the CAN3 SPAM Act of 2003 (15 U.S.C. 7702); 

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

5 that term in section 1101 of the Internet Tax Free6 dom Act (47 U.S.C. 151 note); 

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

8 the meaning given that term in section 2711; and 

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

10 material placed in a computer server-based file ar11 chive so that it is publicly accessible, over the Inter12 net, using hypertext transfer protocol or any suc13 cessor protocol.’’. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) REPEAL OF SUPERCEDED PROVISION.—Sec16 tion 227 of the Crime Control Act of 1990 (42 

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

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

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

20 amended by inserting after the item relating to sec21 tion 2258 the following: 

‘‘2258A. Reporting requirements of electronic communication service providers 

and remote computing service providers. 

‘‘2258B. Limited liability for electronic communication service providers and remote computing service providers. 

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

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

Children. 

‘‘2258E. Definitions.’’. 


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1 SEC. 3. ENCOURAGING FOREIGN COUNTRIES TO COMBAT 

2 CHILD PORNOGRAPHY AND CHILD EXPLOI3 TATION. 

4 The United States Trade Representative, the Attor5 ney General of the United States, and the head of any 

6 other relevant Federal agency shall take appropriate ac7 tion to encourage foreign governments to— 

8 (1) stop the production and transmission of 

9 child pornography in the country of such govern10 ment; and 

11 (2) cooperate with law enforcement agencies in 

12 the United States, including Federal agencies and 

13 Internet Crimes Against Children Task Forces, to 

14 combat the creation and transmission of child por15 nography. 

16 SEC. 4. AUTHORIZATION OF FUNDS TO COMBAT CHILD 

17 PORNOGRAPHY. 

18 There are authorized to be appropriated to the Attor19 ney General $25,000,000 for grants to Internet Crimes 

20 Against Children Task Force. 

21 SEC. 5. ONLINE MONITORING OF CONVICTED SEX OFFEND22 ERS. 

23 Section 3583(k) of title 18, United States Code, is 

24 amended— 

25 (1) by inserting ‘‘SEX OFFENDERS.—’’ before 

26 ‘‘Notwithstanding’’; 


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1 (2) by striking ‘‘Notwithstanding’’ and insert2 ing the following: 

3 ‘‘(1) IN GENERAL.—Notwithstanding’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(2) ONLINE MONITORING OF CONVICTED SEX

6 OFFENDERS.— 

7 ‘‘(A) IN GENERAL.—The court may order, 

8 as an explicit condition of supervised release for 

9 any person convicted of a sex offense— 

10 ‘‘(i) the use of electronic monitoring 

11 technology to monitor the use of the Inter12 net by that defendant; and 

13 ‘‘(ii) that the defendant pay a fee, not 

14 to exceed $50 per month, for such moni15 toring. 

16 ‘‘(B) DEFINITIONS.—In this paragraph— 

17 ‘‘(i) the term ‘Internet’ has the mean18 ing given that term in section 1101 of the 

19 Internet Tax Freedom Act (47 U.S.C. 151 

20 note); and 

21 ‘‘(ii) the term ‘sex offense’ means any 

22 offense— 

23 ‘‘(I) under chapter 109A, chapter 

24 110 (excluding offenses relating to 

25 recordkeeping), or chapter 117 (exVerDate Aug 31 2005 04:32 Feb 09, 2007 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S519.IS S519

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1 cluding offenses relating to transmit2 ting information about a minor or fil3 ing a factual statement about an alien 

4 individual); and 

5 ‘‘(II) that involves a minor.’’. 

6 SEC. 6. USE OF THE INTERNET AS AN AGGRAVATING FAC7 TOR. 

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

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘§ 2260B. Use of the Internet as an aggravating factor 

12 ‘‘(a) IN GENERAL.—It shall be unlawful for any per13 son to— 

14 ‘‘(1) commit a violation of section 1466A, 1470, 

15 2251, 2251A, 2252, 2252A, 2252B, or 2260 that 

16 does not require, as an element of such violation, the 

17 use of the Internet; and 

18 ‘‘(2) use the Internet to commit the violation 

19 described in paragraph (1). 

20 ‘‘(b) PENALTY.—Any person who violates subsection 

21 (a) shall be sentenced to a term of imprisonment of 10 

22 years in addition to the imprisonment imposed for the un23 derlying offense.’’. 


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1 (b) TABLE OF SECTIONS.—The table of sections for 

2 chapter 110 of title 18, United States Code, is amended 

3 by adding at the end the following: 

‘‘2260B. Use of the Internet as an aggravating factor.’’. 

4 SEC. 7. AIDING LAW ENFORCEMENT IN ASCERTAINING WEB 

5 SITE OWNERSHIP. 

6 It is the sense of Congress that all domain registrars 

7 should investigate and correct inaccurate data regarding 

8 registered domain names, including any contact informa9 tion. 

10 SEC. 8. REPORT REGARDING PROSECUTIONS. 

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

12 United States shall submit to Congress and make publicly 

13 available on the website of the Department of Justice an 

14 annual report regarding— 

15 (1) the number of— 

16 (A) investigations by local, State, or Fed17 eral law enforcement agencies of crimes of sex18 ual exploitation against children; 

19 (B) prosecutions resulting from investiga20 tions by local, State, or Federal law enforce21 ment agencies of crimes of sexual exploitation 

22 against children; 

23 (C) convictions resulting from prosecutions 

24 by local, State, or Federal authorities of crimes 

25 of sexual exploitation against children; 


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1 (D) convictions of repeat offenders; and 

2 (2) descriptions of sentences given to persons 

3 convicted as a result of investigations described in 

4 paragraph (1)(A). 

Æ 


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