II 

109TH CONGRESS 

2D SESSION S. 4089 

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

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

IN THE SENATE OF THE UNITED STATES 

DECEMBER 6, 2006 

Mr. MCCAIN 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, to require convicted sex offenders to 

register online identifiers, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop the Online Ex5 ploitation of Our Children Act of 2006’’. 


jcorcoran on PRODPC62 with BILLS
2 

•S 4089 IS

1 SEC. 2. AMENDMENT OF REPORTING REQUIREMENTS. 

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

3 States Code, is amended by inserting after section 2257 

4 the following: 

5 ‘‘§ 2257A. Obligation to report child pornography by 

6 online service providers 

7 ‘‘(a) DEFINITIONS.— 

8 ‘‘(1) IN GENERAL.—In this section, section 

9 2257B, and section 2257C— 

10 ‘‘(A) the terms ‘attorney for the govern11 ment’ and ‘State’ have the meanings given 

12 those terms in rule 1 of the Federal Rules of 

13 Criminal Procedure. 

14 ‘‘(B) the term ‘electronic communication 

15 service’ has the meaning given that term in sec16 tion 2510; 

17 ‘‘(C) the term ‘Internet’ has the meaning 

18 given that term in section 231(e) of the Com19 munications Act of 1934 (47 U.S.C. 231(e)); 

20 ‘‘(D) the term ‘online service’ includes 

21 any— 

22 ‘‘(i) Internet content hosting service; 

23 ‘‘(ii) domain name registration serv24 ice; 

25 ‘‘(iii) Internet search service; 


jcorcoran on PRODPC62 with BILLS
3 

•S 4089 IS

1 ‘‘(iv) Internet social networking site, 

2 chat room, message board, or any other 

3 similar service using the Internet; 

4 ‘‘(v) Internet service that provides e5 mail, instant messaging, or any other simi6 lar service using the Internet; 

7 ‘‘(vi) electronic communication serv8 ice; 

9 ‘‘(vii) Internet service provider (in10 cluding any wireless carrier that provides 

11 Internet access); 

12 ‘‘(viii) Internet image or video sharing 

13 service; and 

14 ‘‘(ix) remote computing service; and 

15 ‘‘(E) the term ‘remote computing service’ 

16 has the meaning given that term in section 

17 2711. 

18 ‘‘(2) CONSTRUCTION.—The inclusion of any 

19 type of service in the list under paragraph (1)(D) 

20 may not be construed to mean that such type of 

21 service is not an electronic communication service or 

22 a remote computing service. 

23 ‘‘(b) DUTY TO REPORT.— 

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

25 providing an online service to the public through a 


jcorcoran on PRODPC62 with BILLS
4 

•S 4089 IS

1 facility or means of interstate or foreign commerce, 

2 obtains actual knowledge of any facts or cir3 cumstances described in paragraph (2) shall, as soon 

4 as reasonably possible, make a report of such facts 

5 or circumstances to the CyberTipline of the National 

6 Center for Missing and Exploited Children, or any 

7 successor to the CyberTipline operated by such cen8 ter. 

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

10 circumstances described in this paragraph are any 

11 facts or circumstances that appear to indicate a vio12 lation of— 

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

14 2252B, or 2260 that involves child pornography 

15 or; 

16 ‘‘(B) section 1466A. 

17 ‘‘(c) CONTENTS OF REPORT.— 

18 ‘‘(1) IN GENERAL.—To the extent available to 

19 an online service provider, each report under sub20 section (b)(1) shall include the following informa21 tion: 

22 ‘‘(A) INFORMATION ABOUT THE INVOLVED

23 INDIVIDUAL.—Information relating to the 

24 Internet identity of any individual who appears 

25 to have violated a Federal law in the manner 


jcorcoran on PRODPC62 with BILLS
5 

•S 4089 IS

1 described in subsection (b)(2), including the 

2 screen name, user identification name, e-mail 

3 address, website address, and uniform resource 

4 locator. 

5 ‘‘(B) HISTORICAL REFERENCE.—Informa6 tion relating to when any apparent child por7 nography was uploaded, transmitted, reported 

8 to, or discovered by the online service provider, 

9 including a date and time stamp and time zone. 

10 ‘‘(C) GEOGRAPHIC LOCATION INFORMA11 TION.—Information relating to the geographic 

12 location of the involved individual, hosting 

13 website, or uniform resource locator, including 

14 the street address, telephone number, area 

15 code, zip code, and any Internet Protocol ad16 dress. 

17 ‘‘(D) IMAGES OF APPARENT CHILD POR18 NOGRAPHY.—Any image of any apparent child 

19 pornography relating to the incident such re20 port is regarding. 

21 ‘‘(E) COMPANY CONTACT INFORMATION.— 

22 Accurate contact information for the online 

23 service provider making the report, including 

24 the address, telephone number, facsimile numVerDate Aug 31 2005 05:07 Dec 09, 2006 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4089.IS S4089

jcorcoran on PRODPC62 with BILLS
6 

•S 4089 IS

1 ber, e-mail address of, and individual point of 

2 contact for, such online service provider. 

3 ‘‘(2) ADDITIONAL INFORMATION.— 

4 ‘‘(A) IN GENERAL.—A report under sub5 section (b)(1) may include information or mate6 rial developed or discovered by an online service 

7 provider, in addition to the information re8 quired under paragraph (1) of this subsection. 

9 ‘‘(B) NOT REQUIRED.—An online service 

10 provider shall not be required to include any 

11 additional information described in subpara12 graph (A) in a report under subsection (b)(1). 

13 ‘‘(d) FORWARDING OF REPORT TO LAW ENFORCE14 MENT.— 

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

16 Missing and Exploited Children shall forward each 

17 report made under subsection (b)(1) to any appro18 priate law enforcement agency designated by the At19 torney General under subsection (e)(2). 

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

21 The National Center for Missing and Exploited Chil22 dren may forward any report made under subsection 

23 (b)(1) to an appropriate official of a State or polit24 ical subdivision of a State for the purpose of enforc25 ing State criminal law. 


jcorcoran on PRODPC62 with BILLS
7 

•S 4089 IS

1 ‘‘(3) FOREIGN LAW ENFORCEMENT.—The Na2 tional Center for Missing and Exploited Children 

3 may forward any report made under subsection 

4 (b)(1) to any appropriate foreign law enforcement 

5 agency designated by the Attorney General under 

6 subsection (e)(3), subject to the conditions estab7 lished by the Attorney General under subsection 

8 (e)(3). 

9 ‘‘(e) ATTORNEY GENERAL RESPONSIBILITIES.— 

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

11 enforce this section. 

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

13 The Attorney General shall designate promptly the 

14 Federal law enforcement agency or agencies to 

15 which a report shall be forwarded under subsection 

16 (d)(1). 

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

18 The Attorney General shall promptly— 

19 ‘‘(A) designate the foreign law enforcement 

20 agencies to which a report may be forwarded 

21 under subsection (d)(3); and 

22 ‘‘(B) establish the conditions under which 

23 such a report may be forwarded to such agen24 cies. 

25 ‘‘(f) FAILURE TO REPORT.— 


jcorcoran on PRODPC62 with BILLS
8 

•S 4089 IS

1 ‘‘(1) KNOWING AND WILLFUL FAILURE.—An 

2 online service provider that knowingly and willfully 

3 fails to make a report required under subsection 

4 (b)(1) shall be fined— 

5 ‘‘(A) in the case of an initial knowing and 

6 willful failure to make a report, not more than 

7 $150,000; and 

8 ‘‘(B) in the case of any second or subse9 quent knowing and willful failure to make a re10 port, not more than $300,000. 

11 ‘‘(2) NEGLIGENT FAILURE.—An online service 

12 provider that negligently fails to make a report re13 quired under subsection (b)(1) shall be subject to a 

14 civil penalty of— 

15 ‘‘(A) in the case of an initial negligent fail16 ure to make a report, not more than $50,000; 

17 and 

18 ‘‘(B) in the case of any second or subse19 quent negligent failure to make a report, not 

20 more than $100,000. 

21 ‘‘(g) PROTECTION OF PRIVACY.—Nothing in this sec22 tion shall be construed to require an online service pro23 vider to— 

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

25 of that provider; 


jcorcoran on PRODPC62 with BILLS
9 

•S 4089 IS

1 ‘‘(2) the content of any communication of any 

2 person described in paragraph (1); or 

3 ‘‘(3) affirmatively seek facts or circumstances 

4 described in subsection (b)(2). 

5 ‘‘(h) CONDITIONS OF DISCLOSURE OF INFORMATION

6 CONTAINED WITHIN REPORT.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), a law enforcement agency that receives a 

9 report under subsection (d) shall not disclose any in10 formation contained in that report. 

11 ‘‘(2) PERMITTED DISCLOSURES.—A law en12 forcement agency may disclose information in a re13 port received under subsection (d)— 

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

15 use in the performance of the official duties of 

16 that attorney; 

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

18 law enforcement agency, as may be necessary in 

19 the performance of their investigative and rec20 ordkeeping functions; 

21 ‘‘(C) to such other government personnel 

22 (including personnel of a State or subdivision of 

23 a State) as are determined to be necessary by 

24 an attorney for the government to assist the at25 torney in the performance of the official duties 


jcorcoran on PRODPC62 with BILLS
10 

•S 4089 IS

1 of the attorney in enforcing Federal criminal 

2 law; or 

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

4 State criminal law, to an appropriate official of 

5 a State or subdivision of a State for the pur6 pose of enforcing such State law. 

7 ‘‘(i) EVIDENCE PRESERVATION.— 

8 ‘‘(1) IN GENERAL.—An online service provider 

9 shall store any image and other information relating 

10 to the facts or circumstances of any incident re11 ported under subsection (b)(1) for not less than 180 

12 days after the date that the report is transmitted to 

13 the National Center for Missing and Exploited Chil14 dren through the CyberTipline, or for such longer 

15 period of time as may be requested by the National 

16 Center for Missing and Exploited Children or a law 

17 enforcement agency. 

18 ‘‘(2) DESTRUCTION OF EVIDENCE.—An online 

19 service provider shall not destroy any data that, to 

20 the online service provider’s knowledge, relates to an 

21 incident reported under subsection (b)(1) during the 

22 180-day period beginning on the date that report is 

23 transmitted to the National Center for Missing and 

24 Exploited Children through the CyberTipline, or for 

25 such longer period of time as may be requested by 


jcorcoran on PRODPC62 with BILLS
11 

•S 4089 IS

1 the National Center for Missing and Exploited Chil2 dren or a law enforcement agency. 

3 ‘‘§ 2257B. Use of images to combat child pornography 

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

5 and Exploited Children is authorized to provide elements 

6 of any image it receives through its CyberTipline to an 

7 online service provider for the sole and exclusive purpose 

8 of permitting that online service provider to stop the fur9 ther transmission of that image. Such elements may in10 clude unique identification numbers generated from the 

11 data contained in the image file and other technology that 

12 serves to identify and stop the transmission of child por13 nography. 

14 ‘‘(b) USE BY ONLINE SERVICE PROVIDERS.—Any 

15 online service provider that receives an image element 

16 from the National Center for Missing and Exploited Chil17 dren under this section may use such element only for the 

18 purposes described in this section, provided that such use 

19 shall not relieve the online service provider from its report20 ing obligations under section 2257A. 

21 ‘‘§ 2257C. Limitations on liability 

22 ‘‘(a) NATIONAL CENTER FOR MISSING AND EX23 PLOITED CHILDREN.— 

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graphs (2) and (3), a civil claim or criminal charge 


jcorcoran on PRODPC62 with BILLS
12 

•S 4089 IS

1 against the National Center for Missing and Ex2 ploited Children, including any director, officer, em3 ployee, or agent of such center, arising from the per4 formance of the CyberTipline responsibilities or 

5 functions of such center, as described in this section, 

6 section 2257A or 2257B of this title, or section 404 

7 of the Missing Children’s Assistance Act (42 U.S.C. 

8 5773), or from the effort of such center to identify 

9 child victims may not be brought in any Federal or 

10 State court. 

11 ‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS12 CONDUCT.—Paragraph (1) shall not apply to a claim 

13 or charge if the National Center for Missing and Ex14 ploited Children, or a director, officer, employee, or 

15 agent of such center— 

16 ‘‘(A) engaged in intentional misconduct; or 

17 ‘‘(B) acted, or failed to act— 

18 ‘‘(i) with actual malice; 

19 ‘‘(ii) with reckless disregard to a sub20 stantial risk of causing injury without legal 

21 justification; or 

22 ‘‘(iii) for a purpose unrelated to the 

23 performance of any responsibility or func24 tion under this section, section 2257A or 

25 2257B of this title, or section 404 of the 


jcorcoran on PRODPC62 with BILLS
13 

•S 4089 IS

1 Missing Children’s Assistance Act (42 

2 U.S.C. 5773). 

3 ‘‘(3) ORDINARY BUSINESS ACTIVITIES.—Para4 graph (1) shall not apply to an act or omission relat5 ing to an ordinary business activity, including gen6 eral administration or operations, the use of motor 

7 vehicles, or personnel management. 

8 ‘‘(b) ONLINE SERVICE PROVIDERS.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graphs (2) and (3), a civil claim or criminal charge 

11 against an online service provider, including any di12 rector, officer, employee, or agent of such online 

13 service provider, arising from the performance of the 

14 reporting responsibilities of such online service pro15 vider under this section, section 2257A, or section 

16 2257B may not be brought in any Federal or State 

17 court. 

18 ‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS19 CONDUCT.—Paragraph (1) shall not apply to a claim 

20 if the online service provider, or a director, officer, 

21 employee, or agent of that online service provider— 

22 ‘‘(A) engaged in intentional misconduct; or 

23 ‘‘(B) acted, or failed to act— 

24 ‘‘(i) with actual malice; 


jcorcoran on PRODPC62 with BILLS
14 

•S 4089 IS

1 ‘‘(ii) with reckless disregard to a sub2 stantial risk of causing injury without legal 

3 justification; or 

4 ‘‘(iii) for a purpose unrelated to the 

5 performance of any responsibility or func6 tion under this section, section 2257A, or 

7 section 2257B. 

8 ‘‘(3) ORDINARY BUSINESS ACTIVITIES.—Para9 graph (1) shall not apply to an act or omission relat10 ing to an ordinary business activity of an online 

11 service provider, including general administration or 

12 operations, the use of motor vehicles, or personnel 

13 management.’’. 

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 2257 the following: 

‘‘2257A. Obligation to report child pornography by online service providers. 

‘‘2257B. Use of images to combat child pornography. 

‘‘2257C. Limitations on liability.’’. 


jcorcoran on PRODPC62 with BILLS
15 

•S 4089 IS

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 $20,375,000 for grants to Internet Crimes 

20 Against Children Task Force. 

21 SEC. 5. REGISTRATION OF ONLINE IDENTIFIERS OF SEX 

22 OFFENDERS. 

23 (a) IN GENERAL.—Section 114(a) of the Sex Of24 fender Registration and Notification Act (42 U.S.C. 

25 16914(a)) is amended— 


jcorcoran on PRODPC62 with BILLS
16 

•S 4089 IS

1 (1) by redesignating paragraph (7) as para2 graph (8); and 

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

5 ‘‘(7) Any e-mail address, instant message ad6 dress, or other similar Internet identifier used by the 

7 sex offender to communicate over the Internet.’’. 

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

9 the Sex Offender Registration and Notification Act (42 

10 U.S.C. 16913(c)) is amended by inserting ‘‘e-mail address, 

11 instant message address, or other similar Internet identi12 fier used by the sex offender to communicate over the 

13 Internet,’’ before ‘‘or student status’’. 

14 (c) FAILURE TO REGISTER ONLINE IDENTIFIERS.— 

15 Section 2250 of title 18, United States Code, is amend16 ed— 

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

18 ‘‘subsection (a)’’; and 

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

20 ‘‘(d) FAILURE TO REGISTER ONLINE IDENTI21 FIERS.— 

22 ‘‘(1) IN GENERAL.—It shall be unlawful for any 

23 person who is required to register under the Sex Of24 fender Registration and Notification Act (42 U.S.C. 

25 16901 et seq.) to fail to provide an e-mail address, 


jcorcoran on PRODPC62 with BILLS
17 

•S 4089 IS

1 instant message address, or other similar Internet 

2 identifier used by that person to communicate over 

3 the Internet to the appropriate official for inclusion 

4 in the sex offender registry, as required under that 

5 Act. 

6 ‘‘(2) PENALTY.—Any person who violates para7 graph (1) shall be fined under this title, imprisoned 

8 not more than 10 years, or both.’’. 

9 SEC. 6. USE OF THE INTERNET AS AN AGGRAVATING FAC10 TOR. 

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

12 States Code, is amended by adding at the end the fol13 lowing: 

14 ‘‘§ 2260B. Use of the Internet as an aggravating factor 

15 ‘‘(a) IN GENERAL.—It shall be unlawful for any per16 son to— 

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

18 2251, 2251A, 2252, 2252A, 2252B, or 2260 that 

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

20 use of the Internet; and 

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

22 described in paragraph (1). 

23 ‘‘(b) PENALTY.— 

24 ‘‘(1) IN GENERAL.—Any person who violates 

25 subsection (a) shall be imprisoned for 10 years. 


jcorcoran on PRODPC62 with BILLS
18 

•S 4089 IS

1 ‘‘(2) CONSECUTIVE SENTENCE.—A term of im2 prisonment imposed under this section shall be con3 secutive to the sentence of imprisonment for any 

4 other offense.’’. 

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

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

7 by adding at the end the following: 

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

8 SEC. 7. REMOVAL OF OFFENDERS FROM SOCIAL NET9 WORKING SITES. 

10 Any online service provider (as that term is defined 

11 in section 2257A of title 18, United States Code, as added 

12 by this Act) that is a social networking site shall imple13 ment effective measures to remove any web page hosted 

14 by that provider that is associated with any identifier list15 ed in section 114(a) of the Sex Offender Registration and 

16 Notification Act (42 U.S.C. 16914(a)), as amended by this 

17 Act. 

Æ 


jcorcoran on PRODPC62 with BILLS