REPORT Act

Subjects: Crime and Law Enforcement, Civil actions and liability, Crimes against children, Criminal justice information and records, Domestic violence and child abuse, Internet, web applications, social media, Pornography


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 474 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 474

 To amend title 18, United States Code, to strengthen reporting to the 
  CyberTipline related to online sexual exploitation of children, to 
  modernize liabilities for such reports, to preserve the contents of 
            such reports for 1 year, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2023

 Mrs. Blackburn (for herself and Mr. Ossoff) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to strengthen reporting to the 
  CyberTipline related to online sexual exploitation of children, to 
  modernize liabilities for such reports, to preserve the contents of 
            such reports for 1 year, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Revising Existing Procedures On 
Reporting via Technology Act'' or the ``REPORT Act''.

SEC. 2. LIMITED LIABILITY MODERNIZATION.

    (a) Amendments.--Section 2258B of title 18, United States Code, is 
amended--
            (1) in the section heading, by striking ``providers or 
        domain name registrars'' and inserting ``the reporting, 
        storage, and handling of certain visual depictions of apparent 
        child pornography to the National Center for Missing and 
        Exploited Children'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``or charge'' after ``a claim''; and
                    (B) in paragraph (2)(C), by striking ``this 
                section,''; and
            (3) by adding at the end the following:
    ``(d) Limited Liability for NCMEC-Contracted Vendors.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        civil claim or criminal charge may not be brought in any 
        Federal or State court against a vendor contractually retained 
        and designated by NCMEC to support the clearinghouse role of 
        NCMEC, as set forth in section 404(b) of the Juvenile Justice 
        and Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)).
            ``(2) Intentional, reckless, or other misconduct.--
        Paragraph (1) shall not apply to a claim or charge if the 
        vendor--
                    ``(A) engaged in--
                            ``(i) intentional misconduct;
                            ``(ii) negligent conduct; or
                            ``(iii) conduct not authorized under the 
                        contract of the vendor with NCMEC to support 
                        the clearinghouse role of NCMEC, as set forth 
                        in section 404(b) of the Juvenile Justice and 
                        Delinquency Prevention Act of 1974 (34 U.S.C. 
                        11293(b)); or
                    ``(B) acted, or failed to act--
                            ``(i) with actual malice;
                            ``(ii) with reckless disregard to a 
                        substantial risk of causing physical injury 
                        without legal justification; or
                            ``(iii) for a purpose unrelated to the 
                        performance of any responsibility or function--
                                    ``(I) set forth in paragraph (1); 
                                or
                                    ``(II) under sections 2258A, 2258C, 
                                2702, or 2703.
            ``(3) Minimizing access by vendor.--With respect to any 
        visual depiction of child pornography stored or transferred by 
        a vendor contractually retained and designated by NCMEC to 
        support the clearing house role of NCMEC, as set forth in 
        section 404(b) of the Juvenile Justice and Delinquency 
        Prevention Act of 1974 (34 U.S.C. 11293(b)), a vendor shall 
        minimize the number of employees that may be able to obtain 
        access to such visual depiction.
    ``(e) Limited Liability for Minors, and Persons Acting on Behalf of 
a Minor, Reporting Visual Depictions of Apparent Child Pornography in 
Which the Minor Is Depicted.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        civil claim or criminal charge may not be brought in any 
        Federal or State court against a minor, or a person acting on 
        behalf of a minor, arising from a report to the CyberTipline of 
        NCMEC by the minor or the person acting on behalf of a minor of 
        information that relates to a visual depiction of apparent 
        child pornography in which the minor is depicted, including a 
        copy of the visual depiction of the minor.
            ``(2) Intentional, reckless, or other misconduct.--
        Paragraph (1) shall not apply to a claim or charge if the 
        minor, or person acting on behalf of the minor--
                    ``(A) engaged in--
                            ``(i) intentional misconduct in submitting 
                        the report to the CyberTipline of NCMEC of 
                        information that relates to a visual depiction 
                        of apparent child pornography in which the 
                        minor is depicted, including a copy of the 
                        visual depiction of the minor; or
                            ``(ii) negligent conduct; or
                    ``(B) acted, or failed to act--
                            ``(i) with actual malice; or
                            ``(ii) with reckless disregard to a 
                        substantial risk of causing physical injury 
                        without legal justification.
            ``(3) Minimizing access.--With respect to any visual 
        depiction of child pornography reported to the CyberTipline of 
        NCMEC by a minor, or a person acting on behalf of a minor, in 
        which the minor is depicted, NCMEC shall minimize access to the 
        visual depiction and ensure the appropriate deletion of the 
        visual depiction, as set forth in section 2258D.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply with respect to a civil claim or criminal charge that is filed on 
or after the date of enactment of this Act.
    (c) Table of Sections Amendment.--The table of sections for chapter 
110 of title 18, United States Code, is amended by striking the item 
relating to section 2258B and inserting the following:

``2258B. Limited liability for the reporting, storage, and handling of 
                            certain visual depictions of apparent child 
                            pornography to the National Center for 
                            Missing and Exploited Children.''.

SEC. 3. PRESERVATION OF REPORTS TO CYBERTIPLINE RELATED TO ONLINE 
              SEXUAL EXPLOITATION OF CHILDREN.

    Section 2258A(h) of title 18, United States Code, is amended--
            (1) in paragraph (1), by striking ``90 days'' and inserting 
        ``1 year''; and
            (2) by adding at the end the following:
            ``(5) Extension of preservation.--A provider of a report to 
        the CyberTipline under subsection (a)(1) may voluntarily 
        preserve the contents provided in the report (including any 
        comingled content described in paragraph (2)) for longer than 1 
        year after the submission to the CyberTipline for the purpose 
        of reducing the proliferation of online child sexual 
        exploitation or preventing the online sexual exploitation of 
        children.
            ``(6) Method of preservation.--Not later than 1 year after 
        the date of enactment of this paragraph, a provider of a report 
        to the CyberTipline under subsection (a)(1) shall preserve 
        materials under this subsection in a manner that is consistent 
        with the most recent version of the Cybersecurity Framework 
        developed by the National Institute of Standards and 
        Technology, or any successor thereto.''.

SEC. 4. STRENGTHENING OF DUTY TO REPORT APPARENT VIOLATIONS TO 
              CYBERTIPLINE RELATED TO ONLINE EXPLOITATION OF CHILDREN.

    (a) Amendments.--Section 2258A of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(A)--
                            (i) in the matter preceding clause (i), by 
                        inserting ``shall'' after ``provider'';
                            (ii) in clause (i), by striking ``shall,''; 
                        and
                            (iii) in clause (ii), by striking ``may,''; 
                        and
                    (B) in paragraph (2)(A), by inserting ``, of 
                section 1591 (if the violation involves a minor), or of 
                2422(b)'' after ``child pornography''; and
            (2) in subsection (e)--
                    (A) in paragraph (1), by striking ``$150,000'' and 
                inserting ``$850,000 in the case of a provider with not 
                less than 100,000,000 monthly active users or $600,000 
                in the case of a provider with less than 100,000,000 
                monthly active users''; and
                    (B) in paragraph (2), by striking ``$300,000'' and 
                inserting ``$1,000,000 in the case of a provider with 
                not less than 100,000,000 monthly active users or 
                $850,000 in the case of a provider with less than 
                100,000,000 monthly active users''.
    (b) Guidance.--Not later than 180 days after the date of enactment 
of this Act, the National Center for Missing & Exploited Children shall 
issue guidance to providers required to take actions described in 
section 2258A(a)(1)(B) of title 18, United States Code, on the facts or 
circumstances that constitute an apparent violation of section 1591 of 
that title and of section 2422(b) of that title.
                                 &lt;all&gt;
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