110TH CONGRESS 

2D SESSION S. 1738 

AN ACT 

To require the Department of Justice to develop and implement a National Strategy Child Exploitation Prevention 

and Interdiction, to improve the Internet Crimes Against 

Children Task Force, to increase resources for regional 

computer forensic labs, and to make other improvements 

to increase the ability of law enforcement agencies to 

investigate and prosecute child predators. 
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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; TABLE OF CONTENTS. 

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

5 ‘‘Providing Resources, Officers, and Technology To Eradi6 cate Cyber Threats to Our Children Act of 2008’’ or the 

7 ‘‘PROTECT Our Children Act of 2008’’. 

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

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—NATIONAL STRATEGY FOR CHILD EXPLOITATION 

PREVENTION AND INTERDICTION 

Sec. 101. Establishment of National Strategy for Child Exploitation Prevention 

and Interdiction. 

Sec. 102. Establishment of National ICAC Task Force Program. 

Sec. 103. Purpose of ICAC task forces. 

Sec. 104. Duties and functions of task forces. 

Sec. 105. National Internet Crimes Against Children Data System. 

Sec. 106. ICAC grant program. 

Sec. 107. Authorization of appropriations. 

TITLE II—ADDITIONAL MEASURES TO COMBAT CHILD 

EXPLOITATION 

Sec. 201. Additional regional computer forensic labs. 

TITLE III—EFFECTIVE CHILD PORNOGRAPHY PROSECUTION 

Sec. 301. Prohibit the broadcast of live images of child abuse. 

Sec. 302. Amendment to section 2256 of title 18, United States Code. 

Sec. 303. Amendment to section 2260 of title 18, United States Code. 

Sec. 304. Prohibiting the adaptation or modification of an image of an identifiable minor to produce child pornography. 

TITLE IV—NATIONAL INSTITUTE OF JUSTICE STUDY OF RISK 

FACTORS 

Sec. 401. NIJ study of risk factors for assessing dangerousness. 

TITLE V—SECURING ADOLESCENTS FROM ONLINE 

EXPLOITATION 

Sec. 501. Reporting requirements of electronic communication service providers 

and remote computing service providers. 
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Sec. 502. Reports. 

Sec. 503. Severability. 

1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions shall apply: 

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

4 exploitation’’ means any conduct, attempted conduct, 

5 or conspiracy to engage in conduct involving a minor 

6 that violates section 1591, chapter 109A, chapter 

7 110, and chapter 117 of title 18, United States 

8 Code, or any sexual activity involving a minor for 

9 which any person can be charged with a criminal of10 fense. 

11 (2) CHILD OBSCENITY.—The term ‘‘child ob12 scenity’’ means any visual depiction proscribed by 

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

14 (3) MINOR.—The term ‘‘minor’’ means any per15 son under the age of 18 years. 

16 (4) SEXUALLY EXPLICIT CONDUCT.—The term 

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

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

19 Code. 
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1 TITLE I—NATIONAL STRATEGY 

2 FOR CHILD EXPLOITATION 

3 PREVENTION AND INTERDIC4 TION 

5 SEC. 101. ESTABLISHMENT OF NATIONAL STRATEGY FOR 

6 CHILD EXPLOITATION PREVENTION AND 

7 INTERDICTION. 

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

9 United States shall create and implement a National 

10 Strategy for Child Exploitation Prevention and Interdic11 tion. 

12 (b) TIMING.—Not later than 1 year after the date 

13 of enactment of this Act and on February 1 of every sec14 ond year thereafter, the Attorney General shall submit to 

15 Congress the National Strategy established under sub16 section (a). 

17 (c) REQUIRED CONTENTS OF NATIONAL STRAT18 EGY.—The National Strategy established under subsection 

19 (a) shall include the following: 

20 (1) Comprehensive long-range, goals for reduc21 ing child exploitation. 

22 (2) Annual measurable objectives and specific 

23 targets to accomplish long-term, quantifiable goals 

24 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. 102. 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. 103. 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. 104. 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 103; 

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 105, 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 title; 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. 105. 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 facilitate child exploi4 tation. 

5 (b) INTENT OF CONGRESS.—It is the purpose and in6 tent of Congress that the National Internet Crimes 

7 Against Children Data System established in subsection 

8 (a) is intended to continue and build upon Operation Fair9 play developed by the Wyoming Attorney General’s office, 

10 which has established a secure, dynamic undercover infra11 structure that has facilitated online law enforcement in12 vestigations of child exploitation, information sharing, and 

13 the capacity to collect and aggregate data on the extent 

14 of the problems of child exploitation. 

15 (c) PURPOSE OF SYSTEM.—The National Internet 

16 Crimes Against Children Data System established under 

17 subsection (a) shall be dedicated to assisting and sup18 porting credentialed law enforcement agencies authorized 

19 to investigate child exploitation in accordance with Fed20 eral, State, local, and tribal laws, including by providing 

21 assistance and support to— 

22 (1) Federal agencies investigating and pros23 ecuting child exploitation; 

24 (2) the ICAC Task Force Program established 

25 under section 102; 
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1 (3) State, local, and tribal agencies inves2 tigating and prosecuting child exploitation; and 

3 (4) foreign or international law enforcement 

4 agencies, subject to approval by the Attorney Gen5 eral. 

6 (d) CYBER SAFE DECONFLICTION AND INFORMA7 TION SHARING.—The National Internet Crimes Against 

8 Children Data System established under subsection (a)— 

9 (1) shall be housed and maintained within the 

10 Department of Justice or a credentialed law enforce11 ment agency; 

12 (2) shall be made available for a nominal 

13 charge to support credentialed law enforcement 

14 agencies in accordance with subsection (c); and 

15 (3) shall— 

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

17 agencies and ICAC task forces investigating 

18 and prosecuting child exploitation to contribute 

19 and access data for use in resolving case con20 flicts; 

21 (B) provide, directly or in partnership with 

22 a credentialed law enforcement agency, a dy23 namic undercover infrastructure to facilitate on24 line law enforcement investigations of child ex25 ploitation; 
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1 (C) facilitate the development of essential 

2 software and network capability for law enforce3 ment participants; and 

4 (D) provide software or direct hosting and 

5 support for online investigations of child exploi6 tation activities, or, in the alternative, provide 

7 users with a secure connection to an alternative 

8 system that provides such capabilities, provided 

9 that the system is hosted within a governmental 

10 agency or a credentialed law enforcement agen11 cy. 

12 (e) COLLECTION AND REPORTING OF DATA.— 

13 (1) IN GENERAL.—The National Internet 

14 Crimes Against Children Data System established 

15 under subsection (a) shall ensure the following: 

16 (A) REAL-TIME REPORTING.—All child ex17 ploitation cases involving local child victims that 

18 are reasonably detectable using available soft19 ware and data are, immediately upon their de20 tection, made available to participating law en21 forcement agencies. 

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

23 days, at minimum, the National Internet 

24 Crimes Against Children Data System shall— 
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1 (i) identify high-priority suspects, as 

2 such suspects are determined by the vol3 ume of suspected criminal activity or other 

4 indicators of seriousness of offense or dan5 gerousness to the community or a potential 

6 local victim; and 

7 (ii) report all such identified high-pri8 ority suspects to participating law enforce9 ment agencies. 

10 (C) ANNUAL REPORTS.—Any statistical 

11 data indicating the overall magnitude of child 

12 pornography trafficking and child exploitation 

13 in the United States and internationally is 

14 made available and included in the National 

15 Strategy, as is required under section 

16 101(c)(16). 

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

18 subsection shall be construed to limit the ability of 

19 participating law enforcement agencies to dissemi20 nate investigative leads or statistical information in 

21 accordance with State and local laws. 

22 (f) MANDATORY REQUIREMENTS OF NETWORK.— 

23 The National Internet Crimes Against Children Data Sys24 tem established under subsection (a) shall develop, deploy, 
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1 and maintain an integrated technology and training pro2 gram that provides— 

3 (1) a secure, online system for Federal law en4 forcement agencies, ICAC task forces, and other 

5 State, local, and tribal law enforcement agencies for 

6 use in resolving case conflicts, as provided in sub7 section (d); 

8 (2) a secure system enabling online communica9 tion and collaboration by Federal law enforcement 

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

11 and tribal law enforcement agencies regarding ongo12 ing investigations, investigatory techniques, best 

13 practices, and any other relevant news and profes14 sional information; 

15 (3) a secure online data storage and analysis 

16 system for use by Federal law enforcement agencies, 

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

18 law enforcement agencies; 

19 (4) secure connections or interaction with State 

20 and local law enforcement computer networks, con21 sistent with reasonable and established security pro22 tocols and guidelines; 

23 (5) guidelines for use of the National Internet 

24 Crimes Against Children Data System by Federal, 
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1 State, local, and tribal law enforcement agencies and 

2 ICAC task forces; and 

3 (6) training and technical assistance on the use 

4 of the National Internet Crimes Against Children 

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

6 enforcement agencies and ICAC task forces. 

7 (g) NATIONAL INTERNET CRIMES AGAINST CHIL8 DREN DATA SYSTEM STEERING COMMITTEE.—The Attor9 ney General shall establish a National Internet Crimes 

10 Against Children Data System Steering Committee to pro11 vide guidance to the Network relating to the program 

12 under subsection (f), and to assist in the development of 

13 strategic plans for the System. The Steering Committee 

14 shall consist of 10 members with expertise in child exploi15 tation prevention and interdiction prosecution, investiga16 tion, or prevention, including— 

17 (1) 3 representatives elected by the local direc18 tors of the ICAC task forces, such representatives 

19 shall represent different geographic regions of the 

20 country; 

21 (2) 1 representative of the Department of Jus22 tice Office of Information Services; 

23 (3) 1 representative from Operation Fairplay, 

24 currently hosted at the Wyoming Office of the Attor25 ney General; 
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1 (4) 1 representative from the law enforcement 

2 agency having primary responsibility for hosting and 

3 maintaining the National Internet Crimes Against 

4 Children Data System; 

5 (5) 1 representative of the Federal Bureau of 

6 Investigation’s Innocent Images National Initiative 

7 or Regional Computer Forensic Lab program; 

8 (6) 1 representative of the Immigration and 

9 Customs Enforcement’s Cyber Crimes Center; 

10 (7) 1 representative of the United States Postal 

11 Inspection Service; and 

12 (8) 1 representative of the Department of Jus13 tice. 

14 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated for each of the fiscal 

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

17 provisions of this section. 

18 SEC. 106. ICAC GRANT PROGRAM. 

19 (a) ESTABLISHMENT.— 

20 (1) IN GENERAL.—The Attorney General is au21 thorized to award grants to State and local ICAC 

22 task forces to assist in carrying out the duties and 

23 functions described under section 104. 

24 (2) FORMULA GRANTS.— 
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1 (A) DEVELOPMENT OF FORMULA.—At 

2 least 75 percent of the total funds appropriated 

3 to carry out this section shall be available to 

4 award or otherwise distribute grants pursuant 

5 to a funding formula established by the Attor6 ney General in accordance with the require7 ments in subparagraph (B). 

8 (B) FORMULA REQUIREMENTS.—Any for9 mula established by the Attorney General under 

10 subparagraph (A) shall— 

11 (i) ensure that each State or local 

12 ICAC task force shall, at a minimum, re13 ceive an amount equal to 0.5 percent of 

14 the funds available to award or otherwise 

15 distribute grants under subparagraph (A); 

16 and 

17 (ii) take into consideration the fol18 lowing factors: 

19 (I) The population of each State, 

20 as determined by the most recent de21 cennial census performed by the Bu22 reau of the Census. 

23 (II) The number of investigative 

24 leads within the applicant’s jurisdic25 tion generated by Operation Fairplay, 
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1 the ICAC Data Network, the 

2 CyberTipline, and other sources. 

3 (III) The number of criminal 

4 cases related to Internet crimes 

5 against children referred to a task 

6 force for Federal, State, or local pros7 ecution. 

8 (IV) The number of successful 

9 prosecutions of child exploitation 

10 cases by a task force. 

11 (V) The amount of training, 

12 technical assistance, and public edu13 cation or outreach by a task force re14 lated to the prevention, investigation, 

15 or prosecution of child exploitation of16 fenses. 

17 (VI) Such other criteria as the 

18 Attorney General determines dem19 onstrate the level of need for addi20 tional resources by a task force. 

21 (3) DISTRIBUTION OF REMAINING FUNDS

22 BASED ON NEED.— 

23 (A) IN GENERAL.—Any funds remaining 

24 from the total funds appropriated to carry out 

25 this section after funds have been made avail-
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1 able to award or otherwise distribute formula 

2 grants under paragraph (2)(A) shall be distrib3 uted to State and local ICAC task forces based 

4 upon need, as set forth by criteria established 

5 by the Attorney General. Such criteria shall in6 clude the factors under paragraph (2)(B)(ii). 

7 (B) MATCHING REQUIREMENT.—A State 

8 or local ICAC task force shall contribute match9 ing non-Federal funds in an amount equal to 

10 not less than 25 percent of the amount of funds 

11 received by the State or local ICAC task force 

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

13 task force that is not able or willing to con14 tribute matching funds in accordance with this 

15 subparagraph shall not be eligible for funds 

16 under subparagraph (A). 

17 (C) WAIVER.—The Attorney General may 

18 waive, in whole or in part, the matching re19 quirement under subparagraph (B) if the State 

20 or local ICAC task force demonstrates good 

21 cause or financial hardship. 

22 (b) APPLICATION.— 

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

24 task force seeking a grant under this section shall 

25 submit an application to the Attorney General at 
30 

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1 such time, in such manner, and accompanied by 

2 such information as the Attorney General may rea3 sonably require. 

4 (2) CONTENTS.—Each application submitted 

5 pursuant to paragraph (1) shall— 

6 (A) describe the activities for which assist7 ance under this section is sought; and 

8 (B) provide such additional assurances as 

9 the Attorney General determines to be essential 

10 to ensure compliance with the requirements of 

11 this title. 

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

13 section may be used to— 

14 (1) hire personnel, investigators, prosecutors, 

15 education specialists, and forensic specialists; 

16 (2) establish and support forensic laboratories 

17 utilized in Internet crimes against children investiga18 tions; 

19 (3) support investigations and prosecutions of 

20 Internet crimes against children; 

21 (4) conduct and assist with education programs 

22 to help children and parents protect themselves from 

23 Internet predators; 
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1 (5) conduct and attend training sessions related 

2 to successful investigations and prosecutions of 

3 Internet crimes against children; and 

4 (6) fund any other activities directly related to 

5 preventing, investigating, or prosecuting Internet 

6 crimes against children. 

7 (d) REPORTING REQUIREMENTS.— 

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

9 the activities funded by grants under this section, 

10 and to assist the Attorney General in complying with 

11 the Government Performance and Results Act (Pub12 lic Law 103–62; 107 Stat. 285), each State or local 

13 ICAC task force receiving a grant under this section 

14 shall, on an annual basis, submit a report to the At15 torney General that sets forth the following: 

16 (A) Staffing levels of the task force, in17 cluding the number of investigators, prosecu18 tors, education specialists, and forensic special19 ists dedicated to investigating and prosecuting 

20 Internet crimes against children. 

21 (B) Investigation and prosecution perform22 ance measures of the task force, including— 

23 (i) the number of investigations initi24 ated related to Internet crimes against 

25 children; 
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1 (ii) the number of arrests related to 

2 Internet crimes against children; and 

3 (iii) the number of prosecutions for 

4 Internet crimes against children, includ5 ing— 

6 (I) whether the prosecution re7 sulted in a conviction for such crime; 

8 and 

9 (II) the sentence and the statu10 tory maximum for such crime under 

11 State law. 

12 (C) The number of referrals made by the 

13 task force to the United States Attorneys office, 

14 including whether the referral was accepted by 

15 the United States Attorney. 

16 (D) Statistics that account for the disposi17 tion of investigations that do not result in ar18 rests or prosecutions, such as referrals to other 

19 law enforcement. 

20 (E) The number of investigative technical 

21 assistance sessions that the task force provided 

22 to nonmember law enforcement agencies. 

23 (F) The number of computer forensic ex24 aminations that the task force completed. 
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1 (G) The number of law enforcement agen2 cies participating in Internet crimes against 

3 children program standards established by the 

4 task force. 

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

6 year after the date of enactment of this Act, the At7 torney General shall submit a report to Congress 

8 on— 

9 (A) the progress of the development of the 

10 ICAC Task Force Program established under 

11 section 102; and 

12 (B) the number of Federal and State in13 vestigations, prosecutions, and convictions in 

14 the prior 12-month period related to child ex15 ploitation. 

16 SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) IN GENERAL.—There are authorized to be appro18 priated to carry out this title— 

19 (1) $60,000,000 for fiscal year 2009; 

20 (2) $60,000,000 for fiscal year 2010; 

21 (3) $60,000,000 for fiscal year 2011; 

22 (4) $60,000,000 for fiscal year 2012; and 

23 (5) $60,000,000 for fiscal year 2013. 

24 (b) AVAILABILITY.—Funds appropriated under sub25 section (a) shall remain available until expended. 
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1 TITLE II—ADDITIONAL MEAS2 URES TO COMBAT CHILD EX3 PLOITATION 

4 SEC. 201. 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 title to increase ca11 pacity 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 TITLE III—EFFECTIVE CHILD 

20 PORNOGRAPHY PROSECUTION 

21 SEC. 301. PROHIBIT THE BROADCAST OF LIVE IMAGES OF 

22 CHILD ABUSE. 

23 Section 2251 of title 18, United States Code is 

24 amended— 

25 (1) in subsection (a), by— 
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1 (A) inserting ‘‘or for the purpose of trans2 mitting a live visual depiction of such conduct’’ 

3 after ‘‘for the purpose of producing any visual 

4 depiction of such conduct’’; 

5 (B) inserting ‘‘or transmitted’’ after ‘‘if 

6 such person knows or has reason to know that 

7 such visual depiction will be transported’’; 

8 (C) inserting ‘‘or transmitted’’ after ‘‘if 

9 that visual depiction was produced’’; and 

10 (D) inserting ‘‘or transmitted’’ after ‘‘has 

11 actually been transported’’; and 

12 (2) in subsection (b), by— 

13 (A) inserting ‘‘or for the purpose of trans14 mitting a live visual depiction of such conduct’’ 

15 after ‘‘for the purpose of producing any visual 

16 depiction of such conduct’’; 

17 (B) inserting ‘‘or transmitted’’ after ‘‘per18 son knows or has reason to know that such vis19 ual depiction will be transported’’; 

20 (C) inserting ‘‘or transmitted’’ after ‘‘if 

21 that visual depiction was produced’’; and 

22 (D) inserting ‘‘or transmitted’’ after ‘‘has 

23 actually been transported’’. 
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1 SEC. 302. AMENDMENT TO SECTION 2256 OF TITLE 18, 

2 UNITED STATES CODE. 

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

4 amended by— 

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

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

7 data which is capable of conversion into a visual 

8 image that has been transmitted by any means, 

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

10 SEC. 303. AMENDMENT TO SECTION 2260 OF TITLE 18, 

11 UNITED STATES CODE. 

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

13 amended by— 

14 (1) inserting ‘‘or for the purpose of transmit15 ting a live visual depiction of such conduct’’ after 

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

17 such conduct’’; and 

18 (2) inserting ‘‘or transmitted’’ after ‘‘im19 ported’’. 

20 SEC. 304. PROHIBITING THE ADAPTATION OR MODIFICA21 TION OF AN IMAGE OF AN IDENTIFIABLE 

22 MINOR TO PRODUCE CHILD PORNOGRAPHY. 

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

24 title 18, United States Code, is amended— 

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

26 end and inserting a semicolon; 
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1 (2) in paragraph (6), by striking the period at 

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

3 (3) by inserting after paragraph (6) the fol4 lowing: 

5 ‘‘(7) knowingly produces with intent to dis6 tribute, or distributes, by any means, including a 

7 computer, in or affecting interstate or foreign com8 merce, child pornography that is an adapted or 

9 modified depiction of an identifiable minor.’’. 

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

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

12 the end the following: 

13 ‘‘(3) Whoever violates, or attempts or conspires 

14 to violate, subsection (a)(7) shall be fined under this 

15 title or imprisoned not more than 15 years, or 

16 both.’’. 

17 TITLE IV—NATIONAL INSTITUTE 

18 OF JUSTICE STUDY OF RISK 

19 FACTORS 

20 SEC. 401. NIJ STUDY OF RISK FACTORS FOR ASSESSING 

21 DANGEROUSNESS. 

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

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

24 Justice shall prepare a report to identify investigative fac25 tors that reliably indicate whether a subject of an online 
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1 child exploitation investigation poses a high risk of harm 

2 to children. Such a report shall be prepared in consulta3 tion and coordination with Federal law enforcement agen4 cies, the National Center for Missing and Exploited Chil5 dren, Operation Fairplay at the Wyoming Attorney Gen6 eral’s Office, the Internet Crimes Against Children Task 

7 Force, and other State and local law enforcement. 

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

9 by subsection (a) shall include a thorough analysis of po10 tential investigative factors in on-line child exploitation 

11 cases and an appropriate examination of investigative data 

12 from prior prosecutions and case files of identified child 

13 victims. 

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

15 after the date of enactment of this Act, the National Insti16 tute of Justice shall submit a report to the House and 

17 Senate Judiciary Committees that includes the findings of 

18 the study required by this section and makes recommenda19 tions on technological tools and law enforcement proce20 dures to help investigators prioritize scarce resources to 

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

22 suspect. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated $500,000 to the Na-
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1 tional Institute of Justice to conduct the study required 

2 under this section. 

3 TITLE V—SECURING ADOLES4 CENTS FROM ONLINE EXPLOI5 TATION 

6 SEC. 501. REPORTING REQUIREMENTS OF ELECTRONIC 

7 COMMUNICATION SERVICE PROVIDERS AND 

8 REMOTE COMPUTING SERVICE PROVIDERS. 

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

10 States Code, is amended by inserting after section 2258 

11 the following: 

12 ‘‘SEC. 2258A. REPORTING REQUIREMENTS OF ELECTRONIC 

13 COMMUNICATION SERVICE PROVIDERS AND 

14 REMOTE COMPUTING SERVICE PROVIDERS. 

15 ‘‘(a) DUTY TO REPORT.— 

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

17 providing an electronic communication service or a 

18 remote computing service to the public through a fa19 cility or means of interstate or foreign commerce, 

20 obtains actual knowledge of any facts or cir21 cumstances described in paragraph (2) shall, as soon 

22 as reasonably possible— 

23 ‘‘(A) provide to the CyberTipline of the 

24 National Center for Missing and Exploited Chil25 dren, or any successor to the CyberTipline oper-
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1 ated by such center, the mailing address, tele2 phone number, facsimile number, electronic 

3 mail address of, and individual point of contact 

4 for, such electronic communication service pro5 vider or remote computing service provider; and 

6 ‘‘(B) make a report of such facts or cir7 cumstances to the CyberTipline, or any suc8 cessor to the CyberTipline operated by such 

9 center. 

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

11 circumstances described in this paragraph are any 

12 facts or circumstances from which there is an appar13 ent violation of— 

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

15 2252B, or 2260 that involves child pornog16 raphy; or 

17 ‘‘(B) section 1466A. 

18 ‘‘(b) CONTENTS OF REPORT.—To the extent the in19 formation is within the custody or control of an electronic 

20 communication service provider or a remote computing 

21 service provider, the facts and circumstances included in 

22 each report under subsection (a)(1) may include the fol23 lowing information: 

24 ‘‘(1) INFORMATION ABOUT THE INVOLVED IN25 DIVIDUAL.—Information relating to the identity of 
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1 any individual who appears to have violated a Fed2 eral law described in subsection (a)(2), which may, 

3 to the extent reasonably practicable, include the elec4 tronic mail address, Internet Protocol address, uni5 form resource locator, or any other identifying infor6 mation, including self-reported identifying informa7 tion. 

8 ‘‘(2) HISTORICAL REFERENCE.—Information 

9 relating to when and how a customer or subscriber 

10 of an electronic communication service or a remote 

11 computing service uploaded, transmitted, or received 

12 apparent child pornography or when and how appar13 ent child pornography was reported to, or discovered 

14 by the electronic communication service provider or 

15 remote computing service provider, including a date 

16 and time stamp and time zone. 

17 ‘‘(3) GEOGRAPHIC LOCATION INFORMATION.— 

18 ‘‘(A) IN GENERAL.—Information relating 

19 to the geographic location of the involved indi20 vidual or website, which may include the Inter21 net Protocol address or verified billing address, 

22 or, if not reasonably available, at least 1 form 

23 of geographic identifying information, including 

24 area code or zip code. 
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1 ‘‘(B) INCLUSION.—The information de2 scribed in subparagraph (A) may also include 

3 any geographic information provided to the 

4 electronic communication service or remote 

5 computing service by the customer or sub6 scriber. 

7 ‘‘(4) IMAGES OF APPARENT CHILD PORNOG8 RAPHY.—Any image of apparent child pornography 

9 relating to the incident such report is regarding. 

10 ‘‘(5) COMPLETE COMMUNICATION.—The com11 plete communication containing any image of appar12 ent child pornography, including— 

13 ‘‘(A) any data or information regarding 

14 the transmission of the communication; and 

15 ‘‘(B) any images, data, or other digital 

16 files contained in, or attached to, the commu17 nication. 

18 ‘‘(c) FORWARDING OF REPORT TO LAW ENFORCE19 MENT.— 

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

21 Missing and Exploited Children shall forward each 

22 report made under subsection (a)(1) to any appro23 priate law enforcement agency designated by the At24 torney General under subsection (d)(2). 
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1 ‘‘(2) STATE AND LOCAL LAW ENFORCEMENT.— 

2 The National Center for Missing and Exploited Chil3 dren may forward any report made under subsection 

4 (a)(1) to an appropriate law enforcement official of 

5 a State or political subdivision of a State for the 

6 purpose of enforcing State criminal law. 

7 ‘‘(3) FOREIGN LAW ENFORCEMENT.— 

8 ‘‘(A) IN GENERAL.—The National Center 

9 for Missing and Exploited Children may for10 ward any report made under subsection (a)(1) 

11 to any appropriate foreign law enforcement 

12 agency designated by the Attorney General 

13 under subsection (d)(3), subject to the condi14 tions established by the Attorney General under 

15 subsection (d)(3). 

16 ‘‘(B) TRANSMITTAL TO DESIGNATED FED17 ERAL AGENCIES.—If the National Center for 

18 Missing and Exploited Children forwards a re19 port to a foreign law enforcement agency under 

20 subparagraph (A), the National Center for 

21 Missing and Exploited Children shall concur22 rently provide a copy of the report and the 

23 identity of the foreign law enforcement agency 

24 to— 

25 ‘‘(i) the Attorney General; or 
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1 ‘‘(ii) the Federal law enforcement 

2 agency or agencies designated by the At3 torney General under subsection (d)(2). 

4 ‘‘(d) ATTORNEY GENERAL RESPONSIBILITIES.— 

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

6 enforce this section. 

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

8 The Attorney General shall designate promptly the 

9 Federal law enforcement agency or agencies to 

10 which a report shall be forwarded under subsection 

11 (c)(1). 

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

13 The Attorney General shall promptly— 

14 ‘‘(A) in consultation with the Secretary of 

15 State, designate the foreign law enforcement 

16 agencies to which a report may be forwarded 

17 under subsection (c)(3); 

18 ‘‘(B) establish the conditions under which 

19 such a report may be forwarded to such agen20 cies; and 

21 ‘‘(C) develop a process for foreign law en22 forcement agencies to request assistance from 

23 Federal law enforcement agencies in obtaining 

24 evidence related to a report referred under sub25 section (c)(3). 
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1 ‘‘(4) REPORTING DESIGNATED FOREIGN AGEN2 CIES.—The Attorney General shall maintain and 

3 make available to the Department of State, the Na4 tional Center for Missing and Exploited Children, 

5 electronic communication service providers, remote 

6 computing service providers, the Committee on the 

7 Judiciary of the Senate, and the Committee on the 

8 Judiciary of the House of Representatives a list of 

9 the foreign law enforcement agencies designated 

10 under paragraph (3). 

11 ‘‘(5) SENSE OF CONGRESS REGARDING DES12 IGNATION OF FOREIGN AGENCIES.—It is the sense 

13 of Congress that— 

14 ‘‘(A) combating the international manufac15 turing, possession, and trade in online child 

16 pornography requires cooperation with com17 petent, qualified, and appropriately trained for18 eign law enforcement agencies; and 

19 ‘‘(B) the Attorney General, in cooperation 

20 with the Secretary of State, should make a sub21 stantial effort to expand the list of foreign 

22 agencies designated under paragraph (3). 

23 ‘‘(6) NOTIFICATION TO PROVIDERS.—If an elec24 tronic communication service provider or remote 

25 computing service provider notifies the National 
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1 Center for Missing and Exploited Children that the 

2 electronic communication service provider or remote 

3 computing service provider is making a report under 

4 this section as the result of a request by a foreign 

5 law enforcement agency, the National Center for 

6 Missing and Exploited Children shall— 

7 ‘‘(A) if the Center forwards the report to 

8 the requesting foreign law enforcement agency 

9 or another agency in the same country des10 ignated by the Attorney General under para11 graph (3), notify the electronic communication 

12 service provider or remote computing service 

13 provider of— 

14 ‘‘(i) the identity of the foreign law en15 forcement agency to which the report was 

16 forwarded; and 

17 ‘‘(ii) the date on which the report was 

18 forwarded; or 

19 ‘‘(B) notify the electronic communication 

20 service provider or remote computing service 

21 provider if the Center declines to forward the 

22 report because the Center, in consultation with 

23 the Attorney General, determines that no law 

24 enforcement agency in the foreign country has 
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1 been designated by the Attorney General under 

2 paragraph (3). 

3 ‘‘(e) FAILURE TO REPORT.—An electronic commu4 nication service provider or remote computing service pro5 vider that knowingly and willfully fails to make a report 

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

7 ‘‘(1) in the case of an initial knowing and will8 ful failure to make a report, not more than 

9 $150,000; and 

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

11 knowing and willful failure to make a report, not 

12 more than $300,000. 

13 ‘‘(f) PROTECTION OF PRIVACY.—Nothing in this sec14 tion shall be construed to require an electronic commu15 nication service provider or a remote computing service 

16 provider to— 

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

18 of that provider; 

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

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

21 ‘‘(3) affirmatively seek facts or circumstances 

22 described in sections (a) and (b). 

23 ‘‘(g) CONDITIONS OF DISCLOSURE INFORMATION

24 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 BY LAW EN6 FORCEMENT.— 

7 ‘‘(A) IN GENERAL.—A law enforcement 

8 agency may disclose information in a report re9 ceived under subsection (c)— 

10 ‘‘(i) to an attorney for the government 

11 for use in the performance of the official 

12 duties of that attorney; 

13 ‘‘(ii) to such officers and employees of 

14 that law enforcement agency, as may be 

15 necessary in the performance of their in16 vestigative and recordkeeping functions; 

17 ‘‘(iii) to such other government per18 sonnel (including personnel of a State or 

19 subdivision of a State) as are determined 

20 to be necessary by an attorney for the gov21 ernment to assist the attorney in the per22 formance of the official duties of the attor23 ney in enforcing Federal criminal law; 

24 ‘‘(iv) if the report discloses a violation 

25 of State criminal law, to an appropriate of-
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1 ficial of a State or subdivision of a State 

2 for the purpose of enforcing such State 

3 law; 

4 ‘‘(v) to a defendant in a criminal case 

5 or the attorney for that defendant, subject 

6 to the terms and limitations under section 

7 3509(m) or a similar State law, to the ex8 tent the information relates to a criminal 

9 charge pending against that defendant; 

10 ‘‘(vi) subject to subparagraph (B), to 

11 an electronic communication service pro12 vider or remote computing provider if nec13 essary to facilitate response to legal proc14 ess issued in connection to a criminal in15 vestigation, prosecution, or post-conviction 

16 remedy relating to that report; and 

17 ‘‘(vii) as ordered by a court upon a 

18 showing of good cause and pursuant to any 

19 protective orders or other conditions that 

20 the court may impose. 

21 ‘‘(B) LIMITATIONS.— 

22 ‘‘(i) LIMITATIONS ON FURTHER DIS23 CLOSURE.—The electronic communication 

24 service provider or remote computing serv25 ice provider shall be prohibited from dis-
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1 closing the contents of a report provided 

2 under subparagraph (A)(vi) to any person, 

3 except as necessary to respond to the legal 

4 process. 

5 ‘‘(ii) EFFECT.—Nothing in subpara6 graph (A)(vi) authorizes a law enforcement 

7 agency to provide child pornography im8 ages to an electronic communications serv9 ice provider or a remote computing service. 

10 ‘‘(3) PERMITTED DISCLOSURES BY THE NA11 TIONAL CENTER FOR MISSING AND EXPLOITED

12 CHILDREN.—The National Center for Missing and 

13 Exploited Children may disclose information received 

14 in a report under subsection (a) only— 

15 ‘‘(A) to any Federal law enforcement agen16 cy designated by the Attorney General under 

17 subsection (d)(2); 

18 ‘‘(B) to any State, local, or tribal law en19 forcement agency involved in the investigation 

20 of child pornography, child exploitation, kidnap21 ping, or enticement crimes; 

22 ‘‘(C) to any foreign law enforcement agen23 cy designated by the Attorney General under 

24 subsection (d)(3); and 
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1 ‘‘(D) to an electronic communication serv2 ice provider or remote computing service pro3 vider as described in section 2258C. 

4 ‘‘(h) PRESERVATION.— 

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

6 section, the notification to an electronic communica7 tion service provider or a remote computing service 

8 provider by the CyberTipline of receipt of a report 

9 under subsection (a)(1) shall be treated as a request 

10 to preserve, as if such request was made pursuant 

11 to section 2703(f). 

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

13 paragraph (1), an electronic communication service 

14 provider or a remote computing service shall pre15 serve the contents of the report provided pursuant to 

16 subsection (b) for 90 days after such notification by 

17 the CyberTipline. 

18 ‘‘(3) PRESERVATION OF COMMINGLED IM19 AGES.—Pursuant to paragraph (1), an electronic 

20 communication service provider or a remote com21 puting service shall preserve any images, data, or 

22 other digital files that are commingled or inter23 spersed among the images of apparent child pornog24 raphy within a particular communication or user25 created folder or directory. 
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1 ‘‘(4) PROTECTION OF PRESERVED MATE2 RIALS.—An electronic communications service or re3 mote computing service preserving materials under 

4 this section shall maintain the materials in a secure 

5 location and take appropriate steps to limit access 

6 by agents or employees of the service to the mate7 rials to that access necessary to comply with the re8 quirements of this subsection. 

9 ‘‘(5) AUTHORITIES AND DUTIES NOT AF10 FECTED.—Nothing in this section shall be construed 

11 as replacing, amending, or otherwise interfering with 

12 the authorities and duties under section 2703. 

13 ‘‘SEC. 2258B. LIMITED LIABILITY FOR ELECTRONIC COMMU14 NICATION SERVICE PROVIDERS, REMOTE 

15 COMPUTING SERVICE PROVIDERS, OR DO16 MAIN NAME REGISTRAR. 

17 ‘‘(a) IN GENERAL.—Except as provided in subsection 

18 (b), a civil claim or criminal charge against an electronic 

19 communication service provider, a remote computing serv20 ice provider, or domain name registrar, including any di21 rector, officer, employee, or agent of such electronic com22 munication service provider, remote computing service 

23 provider, or domain name registrar arising from the per24 formance of the reporting or preservation responsibilities 

25 of such electronic communication service provider, remote 
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1 computing service provider, or domain name registrar 

2 under this section, section 2258A, or section 2258C may 

3 not be brought in any Federal or State court. 

4 ‘‘(b) INTENTIONAL, RECKLESS, OR OTHER MIS5 CONDUCT.—Subsection (a) shall not apply to a claim if 

6 the electronic communication service provider, remote 

7 computing service provider, or domain name registrar, or 

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

9 communication service provider, remote computing service 

10 provider, or domain name registrar— 

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

12 ‘‘(2) acted, or failed to act— 

13 ‘‘(A) with actual malice; 

14 ‘‘(B) with reckless disregard to a substan15 tial risk of causing physical injury without legal 

16 justification; or 

17 ‘‘(C) for a purpose unrelated to the per18 formance of any responsibility or function 

19 under this section, sections 2258A, 2258C, 

20 2702, or 2703. 

21 ‘‘(c) MINIMIZING ACCESS.—An electronic commu22 nication service provider, a remote computing service pro23 vider, and domain name registrar shall— 
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1 ‘‘(1) minimize the number of employees that 

2 are provided access to any image provided under sec3 tion 2258A or 2258C; and 

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

5 destroyed, upon a request from a law enforcement 

6 agency to destroy the image. 

7 ‘‘SEC. 2258C. USE TO COMBAT CHILD PORNOGRAPHY OF 

8 TECHNICAL ELEMENTS RELATING TO IM9 AGES REPORTED TO THE CYBERTIPLINE. 

10 ‘‘(a) ELEMENTS.— 

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

12 Missing and Exploited Children may provide ele13 ments relating to any apparent child pornography 

14 image of an identified child to an electronic commu15 nication service provider or a remote computing 

16 service provider for the sole and exclusive purpose of 

17 permitting that electronic communication service 

18 provider or remote computing service provider to 

19 stop the further transmission of images. 

20 ‘‘(2) INCLUSIONS.—The elements authorized 

21 under paragraph (1) may include hash values or 

22 other unique identifiers associated with a specific 

23 image, Internet location of images, and other tech24 nological elements that can be used to identify and 

25 stop the transmission of child pornography. 
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1 ‘‘(3) EXCLUSION.—The elements authorized 

2 under paragraph (1) may not include the actual im3 ages. 

4 ‘‘(b) USE BY ELECTRONIC COMMUNICATION SERVICE

5 PROVIDERS AND REMOTE COMPUTING SERVICE PRO6 VIDERS.—Any electronic communication service provider 

7 or remote computing service provider that receives ele8 ments relating to any apparent child pornography image 

9 of an identified child from the National Center for Missing 

10 and Exploited Children under this section may use such 

11 information only for the purposes described in this section, 

12 provided that such use shall not relieve that electronic 

13 communication service provider or remote computing serv14 ice provider from its reporting obligations under section 

15 2258A. 

16 ‘‘(c) LIMITATIONS.—Nothing in subsections (a) or 

17 (b) requires electronic communication service providers or 

18 remote computing service providers receiving elements re19 lating to any apparent child pornography image of an 

20 identified child from the National Center for Missing and 

21 Exploited Children to use the elements to stop the further 

22 transmission of the images. 

23 ‘‘(d) PROVISION OF ELEMENTS TO LAW ENFORCE24 MENT.—The National Center for Missing and Exploited 

25 Children shall make available to Federal, State, and local 
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1 law enforcement involved in the investigation of child por2 nography crimes elements, including hash values, relating 

3 to any apparent child pornography image of an identified 

4 child reported to the National Center for Missing and Ex5 ploited Children. 

6 ‘‘(e) USE BY LAW ENFORCEMENT.—Any Federal, 

7 State, or local law enforcement agency that receives ele8 ments relating to any apparent child pornography image 

9 of an identified child from the National Center for Missing 

10 and Exploited Children under section (d) may use such 

11 elements only in the performance of the official duties of 

12 that agency to investigate child pornography crimes. 

13 ‘‘SEC. 2258D. LIMITED LIABILITY FOR THE NATIONAL CEN14 TER FOR MISSING AND EXPLOITED CHIL15 DREN. 

16 ‘‘(a) IN GENERAL.—Except as provided in sub17 sections (b) and (c), a civil claim or criminal charge 

18 against the National Center for Missing and Exploited 

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

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

21 CyberTipline responsibilities or functions of such center, 

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

23 this title, or section 404 of the Missing Children’s Assist24 ance Act (42 U.S.C. 5773), or from the effort of such cen-
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1 ter to identify child victims may not be brought in any 

2 Federal or State court. 

3 ‘‘(b) INTENTIONAL, RECKLESS, OR OTHER MIS4 CONDUCT.—Subsection (a) shall not apply to a claim or 

5 charge if the National Center for Missing and Exploited 

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

7 center— 

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

9 ‘‘(2) acted, or failed to act— 

10 ‘‘(A) with actual malice; 

11 ‘‘(B) with reckless disregard to a substan12 tial risk of causing injury without legal jus13 tification; or 

14 ‘‘(C) for a purpose unrelated to the per15 formance of any responsibility or function 

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

17 this title, or section 404 of the Missing Chil18 dren’s Assistance Act (42 U.S.C. 5773). 

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

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

21 ordinary business activity, including general administra22 tion or operations, the use of motor vehicles, or personnel 

23 management. 

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

25 Missing and Exploited Children shall— 
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1 ‘‘(1) minimize the number of employees that 

2 are provided access to any image provided under sec3 tion 2258A; and 

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

5 destroyed upon notification from a law enforcement 

6 agency. 

7 ‘‘SEC. 2258E. DEFINITIONS. 

8 ‘‘In sections 2258A through 2258D— 

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

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

11 rule 1 of the Federal Rules of Criminal Procedure; 

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

13 has the meaning given that term in section 2510; 

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

15 meaning given that term in section 3 of the CAN– 

16 SPAM Act of 2003 (15 U.S.C. 7702); 

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

18 that term in section 1101 of the Internet Tax Free19 dom Act (47 U.S.C. 151 note); 

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

21 the meaning given that term in section 2711; and 

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

23 material placed in a computer server-based file ar24 chive so that it is publicly accessible, over the Inter-
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1 net, using hypertext transfer protocol or any suc2 cessor protocol.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

4 (1) REPEAL OF SUPERCEDED PROVISION.—Sec5 tion 227 of the Crime Control Act of 1990 (42 

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

7 (2) TECHNICAL CORRECTIONS.—Section 2702 

8 of title 18, United States Code, is amended— 

9 (A) in subsection (b)(6), by striking ‘‘sec10 tion 227 of the Victims of Child Abuse Act of 

11 1990 (42 U.S.C. 13032)’’ and inserting ‘‘sec12 tion 2258A’’; and 

13 (B) in subsection (c)(5), by striking ‘‘sec14 tion 227 of the Victims of Child Abuse Act of 

15 1990 (42 U.S.C. 13032)’’ and inserting ‘‘sec16 tion 2258A’’. 

17 (3) TABLE OF SECTIONS.—The table of sections 

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

19 amended by inserting after the item relating to sec20 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 to combat child pornography of technical elements relating to images reported to the CyberTipline. 

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

Children. 

‘‘2258E. Definitions.’’. 
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1 SEC. 502. REPORTS. 

2 (a) ATTORNEY GENERAL REPORT ON IMPLEMENTA3 TION, INVESTIGATIVE METHODS AND INFORMATION

4 SHARING.—Not later than 12 months after the date of 

5 enactment of this Act, the Attorney General shall submit 

6 a report to the Committee on the Judiciary of Senate and 

7 the Committee on the Judiciary of the House of Rep8 resentatives on — 

9 (1) the structure established in this Act, includ10 ing the respective functions of the National Center 

11 for Missing and Exploited Children, Department of 

12 Justice, and other entities that participate in infor13 mation sharing under this Act; 

14 (2) an assessment of the legal and constitu15 tional implications of such structure; 

16 (3) the privacy safeguards contained in the re17 porting requirements, including the training, quali18 fications, recruitment and screening of all Federal 

19 and non-Federal personnel implementing this Act; 

20 and 

21 (4) information relating to the aggregate num22 ber of incidents reported under section 2258A(b) of 

23 title 18, United States Code, to Federal and State 

24 law enforcement agencies based on the reporting re25 quirements under this Act and the aggregate num26 ber of times that elements are provided to commu-
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1 nication service providers under section 2258C of 

2 such title. 

3 (b) GAO AUDIT AND REPORT ON EFFICIENCY AND

4 EFFECTIVENESS.—Not later than 2 years after the date 

5 of enactment of this Act, the Comptroller General shall 

6 conduct an audit and submit a report to the Committee 

7 on the Judiciary of the Senate and to the Committee on 

8 the Judiciary of the House of Representatives on— 

9 (1) the efforts, activities, and actions of the 

10 CyberTipline of the National Center for Missing and 

11 Exploited Children, or any successor to the 

12 CyberTipline, and the Attorney General in achieving 

13 the goals and purposes of this Act, as well as in car14 rying out any responsibilities or duties assigned to 

15 each such individual or agency under this Act; 

16 (2) any legislative, administrative, or regulatory 

17 changes that the Comptroller General recommends 

18 be taken by or on behalf of the Attorney General to 

19 better achieve such goals and purposes, and to more 

20 effectively carry out such responsibilities and duties; 

21 (3) the effectiveness of any actions taken and 

22 efforts made by the CyberTipline of the National 

23 Center for Missing and Exploited Children, or any 

24 successor to the CyberTipline and the Attorney Gen25 eral to— 
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1 (A) minimize duplicating the efforts, mate2 rials, facilities, and procedures of any other 

3 Federal agency responsible for the enforcement, 

4 investigation, or prosecution of child pornog5 raphy crimes; and 

6 (B) enhance the efficiency and consistency 

7 with which Federal funds and resources are ex8 pended to enforce, investigate, or prosecute 

9 child pornography crimes, including the use of 

10 existing personnel, materials, technologies, and 

11 facilities; and 

12 (4) any actions or efforts that the Comptroller 

13 General recommends be taken by the Attorney Gen14 eral to reduce duplication of efforts and increase the 

15 efficiency and consistency with which Federal funds 

16 and resources are expended to enforce, investigate, 

17 or prosecute child pornography crimes. 

18 SEC. 503. SEVERABILITY. 

19 If any provision of this title or amendment made by 

20 this title is held to be unconstitutional, the remainder of 

21 the provisions of this title or amendments made by this 

22 title— 

23 (1) shall remain in full force and effect; and 
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1 (2) shall not be affected by the holding. 

Passed the Senate September 25 (legislative day, 

September 17), 2008. 

Attest: 

Secretary. 

110TH CONGRESS 

2D SESSION S. 1738 

AN ACT 

To require the Department of Justice to develop 

tors. agencies to investigate and prosecute child predaments to increase the ability of law enforcement puter forensic labs, and to make other improveForce, to increase resources for regional comthe Internet Crimes Against Children Task tation Prevention and Interdiction, to improve and implement a National Strategy Child Exploi-