REPORT Act

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. 1. Short title This Act may be cited as the Revising Existing Procedures On Reporting via Technology Act REPORT Act 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 the reporting, storage, and handling of certain visual depictions of apparent child pornography to the National Center for Missing & Exploited Children (2) in subsection (b)— (A) in the matter preceding paragraph (1), by inserting or charge a claim (B) in paragraph (2)(C), by striking this section, (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 duties of NCMEC under section 404(b)(1)(K) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K) (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; or (ii) negligent conduct; or (B) acted, or failed to act— (i) with actual malice; (ii) with reckless disregard to a substantial risk of causing injury without legal justification; or (iii) for a purpose unrelated to the performance of any responsibility or function— (I) set forth in paragraph (1); or (II) pursuant to section 2258A, 2258C, 2702, or 2703. (3) Minimizing access by vendor With respect to any visual depiction provided pursuant to the duties of NCMEC under section 404(b)(1)(K) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K) (A) minimize the number of employees that may be able to obtain access to such visual depiction; and (B) employ end-to-end encryption for data storage and transfer functions, or an equivalent technological standard. (e) Limited liability for reporting apparent child pornography by an individual depicted in the child pornography as a minor, or a representative of such individual (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 an individual depicted in child pornography as a minor, or a representative of such individual, arising from a report to the NCMEC CyberTipline by the individual, or the representative of such individual, of information that relates to the child pornography in which the individual is depicted as a minor, including a copy of the child pornography. (2) Intentional, reckless, or other misconduct Paragraph (1) shall not apply to a claim or charge if the individual, or the representative of such individual— (A) engaged in— (i) intentional misconduct; (ii) negligent conduct; or (iii) any activity which constitutes a violation of section 2251; or (B) acted, or failed to act— (i) with actual malice; or (ii) with reckless disregard to a substantial risk of causing injury without legal justification. (3) Minimizing access With respect to any child pornography reported to the NCMEC CyberTipline by an individual depicted in the child pornography as a minor, or a representative of such individual, NCMEC shall minimize access to the child pornography and ensure the appropriate deletion of the child pornography, as set forth in section 2258D. (4) Definition For purposes of this subsection, the term representative (A) means— (i) the parent or legal guardian of the individual, if the individual is under 18 years of age; (ii) the legal guardian or other person appointed by a court to represent the individual; (iii) a legal representative retained by the individual; (iv) a representative of the estate of the individual; or (v) a person who is a mandated reporter under section 226(a)(1) of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341(a)(1) (B) does not include a person who engaged in any activity which constitutes a violation of section 2251. . (b) Applicability The amendments 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 2258B. Limited liability for the reporting, storage, and handling of certain visual depictions of apparent child pornography to the National Center for Missing & Exploited Children. . 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 1 year (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. . 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)(2)(A), by inserting , of section 1591 (if the violation involves a minor), or of 2422(b) child pornography (2) in subsection (e)— (A) in paragraph (1), by striking $150,000 $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 (B) in paragraph (2), by striking $300,000 $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) Guidelines Not later than 180 days after the date of enactment of this Act, the National Center for Missing & Exploited Children may issue guidelines, as appropriate, to providers required or permitted to take actions described in section 2258A(a)(1)(B) of title 18, United States Code, on the relevant identifiers for content that may indicate sex trafficking of children, as described in section 1591 of that title, or enticement, as described in section 2422(b) of that title.

Summary: Revising Existing Procedures On Reporting via Technology Act or the REPORT ActThis bill makes changes to the federal framework governing the reporting of crimes involving the online sexual exploitation of children.Specifically, the bill makes changes to the requirements for electronic communication service providers and remote computing service providers (providers) to submit reports to the National Center for Missing and Exploited Children (INCOME) when they become aware of violations involving the online sexual exploitation of children.Among the changes, the billincreases the amount of time—from 90 days to 1 year—that a provider must preserve the contents of a report,requires (currently, authorizes) providers to report on a violation that may be planned or imminent, andextends the requirement for providers to report apparent violations involving the sexual exploitation of children to instances involving child sex trafficking or coercion or enticement of a minor to engage in prostitution or any other illegal sexual activity.Additionally, the bill increases the maximum fines for providers who knowingly and willfully fail to submit reports.Finally, the bill limits the liability of vendors that contract with INCOME for claims arising from storing and transferring visual depictions of child sexual abuse material (i.e.., child pornography). It also limits the liability of minors, or persons acting on behalf of minors, for reporting to Income's Cyber apparent violations involving child sexual abuse material in which the child is depicted, including a copy of the visual depiction of the minor.