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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 431 Enrolled Bill (ENR)]

        S.431

                       One Hundred Tenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Thursday,
            the third day of January, two thousand and eight

                                 An Act

 
 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 2008'' or the ``KIDS Act of 2008''.
SEC. 2. DIRECTION TO THE ATTORNEY GENERAL.
    (a) Requirement That Sex Offenders Provide Certain Internet Related 
Information to Sex Offender Registries.--The Attorney General, using 
the authority provided in section 114(a)(7) of the Sex Offender 
Registration and Notification Act, shall require that each sex offender 
provide to the sex offender registry those Internet identifiers the sex 
offender uses or will use of any type that the Attorney General 
determines to be appropriate under that Act. These records of Internet 
identifiers shall be subject to the Privacy Act (5 U.S.C. 552a) to the 
same extent as the other records in the National Sex Offender Registry.
    (b) Timeliness of Reporting of Information.--The Attorney General, 
using the authority provided in section 112(b) of the Sex Offender 
Registration and Notification Act, shall specify the time and manner 
for keeping current information required to be provided under this 
section.
    (c) Nondisclosure to General Public.--The Attorney General, using 
the authority provided in section 118(b)(4) of the Sex Offender 
Registration and Notification Act, shall exempt from disclosure all 
information provided by a sex offender under subsection (a).
    (d) Notice to Sex Offenders of New Requirements.--The Attorney 
General shall ensure that procedures are in place to notify each sex 
offender of changes in requirements that apply to that sex offender as 
a result of the implementation of this section.
    (e) Definitions.--
        (1) Of ``social networking website''.--As used in this Act, the 
    term ``social networking website''--
            (A) means an Internet website--
                (i) that allows users, through the creation of web 
            pages or profiles or by other means, to provide information 
            about themselves that is available to the public or to 
            other users; and
                (ii) that offers a mechanism for communication with 
            other users where such users are likely to include a 
            substantial number of minors; and
                (iii) whose primary purpose is to facilitate online 
            social interactions; and
            (B) includes any contractors or agents used by the website 
        to act on behalf of the website in carrying out the purposes of 
        this Act.
        (2) Of ``internet identifiers''.--As used in this Act, the term 
    ``Internet identifiers'' means electronic mail addresses and other 
    designations used for self-identification or routing in Internet 
    communication or posting.
        (3) Other terms.--A term defined for the purposes of the Sex 
    Offender Registration and Notification Act has the same meaning in 
    this Act.
SEC. 3. CHECKING SYSTEM FOR SOCIAL NETWORKING WEBSITES.
    (a) In General.--
        (1) Secure system for comparisons.--The Attorney General shall 
    establish and maintain a secure system that permits social 
    networking websites to compare the information contained in the 
    National Sex Offender Registry with the Internet identifiers of 
    users of the social networking websites, and view only those 
    Internet identifiers that match. The system--
            (A) shall not require or permit any social networking 
        website to transmit Internet identifiers of its users to the 
        operator of the system, and
            (B) shall use secure procedures that preserve the secrecy 
        of the information made available by the Attorney General, 
        including protection measures that render the Internet 
        identifiers and other data elements indecipherable.
        (2) Provision of information relating to identity.--Upon 
    receiving a matched Internet identifier, the social networking 
    website may make a request of the Attorney General for, and the 
    Attorney General shall provide promptly, information related to the 
    identity of the individual that has registered the matched Internet 
    identifier. This information is limited to the name, sex, resident 
    address, photograph, and physical description.
    (b) Qualification for Use of System.--A social networking website 
seeking to use the system shall submit an application to the Attorney 
General which provides--
        (1) the name and legal status of the website;
        (2) the contact information for the website;
        (3) a description of the nature and operations of the website;
        (4) a statement explaining why the website seeks to use the 
    system;
        (5) a description of policies and procedures to ensure that--
            (A) any individual who is denied access to that website on 
        the basis of information obtained through the system is 
        promptly notified of the basis for the denial and has the 
        ability to challenge the denial of access; and
            (B) if the social networking website finds that information 
        is inaccurate, incomplete, or cannot be verified, the site 
        immediately notifies the appropriate State registry and the 
        Department of Justice, so that they may delete or correct that 
        information in the respective State and national databases;
        (6) the identity and address of, and contact information for, 
    any contractor that will be used by the social networking website 
    to use the system; and
        (7) such other information or attestations as the Attorney 
    General may require to ensure that the website will use the 
    system--
            (A) to protect the safety of the users of such website; and
            (B) for the limited purpose of making the automated 
        comparison described in subsection (a).
    (c) Searches Against the System.--
        (1) Frequency of use of the system.--A social networking 
    website approved by the Attorney General to use the system may 
    conduct searches under the system as frequently as the Attorney 
    General may allow.
        (2) Authority of attorney general to suspend use.--The Attorney 
    General may deny, suspend, or terminate use of the system by a 
    social networking website that--
            (A) provides false information in its application for use 
        of the system;
            (B) may be using or seeks to use the system for any 
        unlawful or improper purpose;
            (C) fails to comply with the procedures required under 
        subsection (b)(5); or
            (D) uses information obtained from the system in any way 
        that is inconsistent with the purposes of this Act.
        (3) Limitation on release of internet identifiers.--
            (A) No public release.--Neither the Attorney General nor a 
        social networking website approved to use the system may 
        release to the public any list of the Internet identifiers of 
        sex offenders contained in the system.
            (B) Additional limitations.--The Attorney General shall 
        limit the release of information obtained through the use of 
        the system established under subsection (a) by social 
        networking websites approved to use such system.
            (C) Strict adherence to limitation.--The use of the system 
        established under subsection (a) by a social networking website 
        shall be conditioned on the website's agreement to observe the 
        limitations required under this paragraph.
            (D) Rule of construction.--This subsection shall not be 
        construed to limit the authority of the Attorney General under 
        any other provision of law to conduct or to allow searches or 
        checks against sex offender registration information.
        (4) Payment of fee.--A social networking website approved to 
    use the system shall pay any fee established by the Attorney 
    General for use of the system.
        (5) Limitation on liability.--
            (A) In general.--A civil claim against a social networking 
        website, including any director, officer, employee, parent, 
        contractor, or agent of that 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.--
        Subparagraph (A) does not apply to a claim if the social 
        networking website, or a director, officer, employee, parent, 
        contractor, or agent of that 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) Minimizing access.--A social networking website shall 
        minimize the number of employees that are provided access to 
        the Internet identifiers for which a match has been found 
        through the system.
        (6) Rule of construction.--Nothing in this section shall be 
    construed to require any Internet website, including a social 
    networking website, to use the system, and no Federal or State 
    liability, or any other actionable adverse consequence, shall be 
    imposed on such website based on its decision not to do so.
SEC. 4. MODIFICATION OF MINIMUM STANDARDS REQUIRED FOR ELECTRONIC 
MONITORING UNITS USED IN SEXUAL OFFENDER MONITORING PILOT PROGRAM.
    (a) In General.--Subparagraph (C) of section 621(a)(1) of the Adam 
Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16981(a)(1)) 
is amended to read as follows:
            ``(C) Minimum standards.--The electronic monitoring units 
        used in the pilot program shall at a minimum--
                ``(i) provide a tracking device for each offender that 
            contains a central processing unit with global positioning 
            system; and
                ``(ii) permit continuous monitoring of offenders 24 
            hours a day.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to grants provided on or after the date of the enactment of this 
Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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