CyberTipline Modernization Act of 2017

To amend title 18, United States Code, to make certain changes to the reporting requirement of certain service providers regarding child sexual exploitation visual depictions, and for other purposes. 1. Short title This Act may be cited as the CyberTipline Modernization Act of 2017 2. Alterations to reporting requirements for electronic service providers and remote computing service providers Section 2258A of title 18, United States Code, is amended— (1) in the heading, by striking electronic communication service providers and remote computing service providers providers (2) by striking the National Center for Missing and Exploited Children NCMEC (3) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) In general (A) Duty In order to reduce the proliferation of online child sexual exploitation and to prevent the online sexual exploitation of children, a provider— (i) shall, as soon as reasonably possible after obtaining actual knowledge of any facts or circumstances described in paragraph (2)(A), take the actions described in subparagraph (B); and (ii) may, after obtaining actual knowledge of any facts or circumstances described in paragraph (2)(B), take the actions described in subparagraph (B). (B) Actions described The actions described in this subparagraph are— (i) providing to the CyberTipline of NCMEC, or any successor to the Cy­ber­Tip­line operated by NCMEC, the mailing address, telephone number, facsimile number, electronic mailing address of, and individual point of contact for, such provider; and (ii) making a report of such facts or circumstances to the CyberTipline, or any successor to the CyberTipline operated by NCMEC. ; and (B) by amending paragraph (2) to read as follows: (2) Facts or circumstances (A) Apparent violations The facts or circumstances described in this subparagraph are any facts or circumstances from which there is an apparent violation of section 2251, 2251A, 2252, 2252A, 2252B, or 2260 that involves child pornography. (B) Imminent violations The facts or circumstances described in this subparagraph are any facts or circumstances which indicate a violation of any of the sections described in subparagraph (A) involving child pornography may be planned or imminent. ; (4) in subsection (b)— (A) in the matter preceding paragraph (1)— (i) by striking To the extent In an effort to prevent the future sexual victimization of children, and to the extent (ii) by striking an electronic communication service provider or a remote computing service provider a provider (iii) by striking may include may, at the sole discretion of the provider, include (B) in paragraph (1)— (i) by inserting or plans to violate who appears to have violated (ii) by inserting payment information (excluding personally identifiable information), uniform resource locator, (C) in paragraph (2)— (i) by striking an electronic communication service provider or a remote computing service provider a provider (ii) by striking apparent child pornography content relating to the report (iii) by striking the electronic communication service provider or a remote computing service provider the provider (D) by amending paragraph (3) to read as follows: (3) Geographic location information Information relating to the geographic location of the involved individual or website, which may include the Internet Protocol address or verified address, or, if not reasonably available, at least one form of geographic identifying information, including area code or zip code, provided by the customer or subscriber, or stored or obtained by the provider. ; (E) in paragraph (4)— (i) in the heading by striking Images Visual depictions (ii) by striking image visual depiction (iii) by inserting or other content apparent child pornography (F) in paragraph (5)— (i) by striking image visual depiction (ii) by inserting or other content apparent child pornography (iii) by striking images visual depictions (5) by amending subsection (c) to read as follows: (c) Pursuant to its clearinghouse role as a private, nonprofit organization, and at the conclusion of its nonprofit review, NCMEC shall make available each report made under subsection (a)(1) to one or more of the following law enforcement agencies: (1) Any Federal law enforcement agency that is involved in the investigation of child sexual exploitation. (2) Any State or local law enforcement agency that is involved in the investigation of child sexual exploitation. (3) A foreign law enforcement agency designated by the Attorney General under subsection (d)(3) or a foreign law enforcement agency that has an established relationship with the Federal Bureau of Investigation, Immigration and Customs Enforcement, or INTERPOL, and is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes. ; (6) in subsection (d)— (A) in paragraph (2), by striking shall designate promptly the may designate a (B) in paragraph (3)— (i) in the matter preceding subparagraph (A), by striking shall promptly may (ii) in subparagraph (A), by striking designate the designate (C) in paragraph (4)— (i) by striking shall may (ii) by striking electronic communication service providers, remote computing service providers providers (D) by striking paragraph (5); (E) by redesignating paragraph (6) as paragraph (5); and (F) in paragraph (5) (as so redesignated)— (i) in the matter preceding subparagraph (A)— (I) by striking an electronic communication service provider or remote computing service provider a provider (II) by striking the electronic communication service provider or remote computing service provider the provider (III) by striking shall may (ii) in subparagraph (A)— (I) by striking the Center NCMEC (II) by inserting after designated by the Attorney General under paragraph (3) or that has an established relationship with the Federal Bureau of Investigation, Immigration and Customs Enforcement, or INTERPOL, and is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes (III) by striking electronic communication service provider or remote computing service provider provider (iii) by amending subparagraph (B) to read as follows: (B) notify the provider if NCMEC was unable to forward the report. ; (7) in subsection (e), by striking An electronic communication service provider or remote computing service provider A provider (8) in subsection (f)— (A) in the matter preceding paragraph (1), by striking an electronic communication service provider or remote computing service provider a provider (B) in paragraph (3), by striking seek search, screen, or scan for (9) in subsection (g)— (A) in paragraph (2)— (i) in subparagraph (A)(vi), by striking an electronic communication service provider or remote computing service provider a provider (ii) by amending subparagraph (B) to read as follows: (B) Limitation Nothing in subparagraph (A)(vi) authorizes a law enforcement agency to provide visual depictions of apparent child pornography to a provider. ; (B) in paragraph (3)— (i) in the matter preceding subparagraph (A)— (I) by inserting after may disclose by mail, electronic transmission, or other reasonable means, (II) by striking only only to (ii) in subparagraph (A)— (I) by striking to any Federal law enforcement agency any Federal law enforcement agency (II) by inserting before the semicolon at the end the following: or that is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes (iii) in subparagraph (B)— (I) by striking to any State any State (II) by striking child pornography, child exploitation child sexual exploitation (iv) in subparagraph (C)— (I) by striking to any foreign law enforcement agency any foreign law enforcement agency (II) by striking ; and or that has an established relationship with the Federal Bureau of Investigation, Immigration and Customs Enforcement, or INTERPOL, and is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes; (v) in subparagraph (D)— (I) by striking to an electronic communication service provider or remote computing service provider a provider (II) by striking the period at the end and inserting ; and (vi) by adding after subparagraph (D) the following: (E) respond to legal process, as necessary. ; and (C) by adding at the end the following: (4) Permitted disclosure by a provider A provider that submits a report under subsection (a)(1) may disclose by mail, electronic transmission, or other reasonable means, information, including visual depictions contained in the report, in a manner consistent with permitted disclosures under paragraphs (3) through (8) of section 2702(b) only to a law enforcement agency described in subparagraph (A), (B), or (C), of paragraph (3), to NCMEC, or as necessary to respond to legal process. ; and (10) in subsection (h)— (A) in paragraph (1)— (i) by striking the notification to an electronic communication service provider or a remote computing service provider by the CyberTipline a completed submission by a provider of a report to the CyberTipline (ii) by striking , as if such request was made pursuant to section 2703(f) the contents provided in the report for 90 days after the submission to the CyberTipline (B) by striking paragraph (2); (C) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; (D) in paragraph (2) (as so redesignated)— (i) in the heading, by striking images content (ii) by striking an electronic communication service provider or a remote computing service a provider (iii) by inserting videos, images, (iv) by striking commingled or interspersed among the images of apparent child pornography within a particular communication or user created folder or directory reasonably accessible and may provide context or additional information about the reported material or person (E) in paragraph (3) (as so redesignated), by striking An electronic communication service provider or a remote computing service A provider 3. Limited liability for providers or domain name registrars Section 2258B of title 18, United States Code, is amended— (1) in the heading— (A) by striking electronic communication service providers, remote computing service providers, providers (B) by striking registrar registrars (2) in subsection (a)— (A) by striking an electronic communication service provider, remote computing service provider, a provider (B) by striking such electronic communication service provider, remote computing service provider, such provider (3) in subsection (b), by striking electronic communication service provider, remote computing service provider, provider (4) in subsection (c)— (A) by striking image visual depiction (B) in the matter preceding paragraph (1), by striking An electronic communication service provider, a remote computing service provider, A provider 4. Use to combat child pornography of technical elements relating to reports made to CyberTipline Section 2258C of title 18, United States Code, is amended— (1) in the heading, by striking to images reported to to reports made to (2) in subsection (a)— (A) in paragraph (1)— (i) by striking The National Center for Missing and Exploited Children NCMEC (ii) by striking apparent child pornography image of an identified child CyberTipline report (iii) by striking an electronic communication service provider or a remote computing service provider a provider (iv) by striking that electronic communication service provider or remote computing service provider that provider (v) by striking further transmission of images online sexual exploitation of children (B) in paragraph (2), by striking specific image, Internet location of images, and other technological elements that can be used to identify and stop the transmission of child pornography specific visual depiction, including an Internet location and any other elements provided in a CyberTipline report that can be used to identify, prevent, curtail, or stop the transmission of child pornography and prevent the online sexual exploitation of children (C) in paragraph (3), by striking actual images actual visual depictions of apparent child pornography (3) in subsection (b)— (A) in the heading, by striking electronic communication service providers and remote computing service providers providers (B) by striking electronic communication service provider or remote computing service provider provider (C) by striking apparent child pornography image of an identified child from the National Center for Missing and Exploited Children CyberTipline report from NCMEC (D) by striking shall not relieve that shall not affect the (E) by striking its reporting obligations reporting (4) in subsection (c)— (A) by striking electronic communication service providers or remote computing service providers providers (B) by striking apparent child pornography image of an identified child from the National Center for Missing and Exploited Children CyberTipline report from NCMEC (C) by striking further transmission of the images online sexual exploitation of children (5) in subsection (d)— (A) by striking The National Center for Missing and Exploited Children shall NCMEC may (B) by inserting after local law enforcement , and to foreign law enforcement agencies described in section 2258A(c)(3) (C) by striking investigation of child pornography investigation of child sexual exploitation (D) by striking image of an identified child visual depiction (E) by striking reported to the National Center for Missing and Exploited Children reported to the CyberTipline (6) in subsection (e)— (A) by inserting before Federal foreign, (B) by striking image of an identified child from the National Center for Missing and Exploited Children visual depiction from NCMEC (C) by striking child pornography crimes child sexual exploitation crimes, (D) by inserting before the period at the end the following: and prevent future sexual victimization of children 5. Limited liability for NCMEC Section 2258D of title 18, United States Code, is amended— (1) in the heading, by striking the National Center for Missing and Exploited Children NCMEC (2) in subsection (a)— (A) by striking Except as provided Pursuant to its clearinghouse role as a private, nonprofit organization and its mission to help find missing children, reduce online sexual exploitation of children and prevent future victimization, and except as provided (B) by striking the National Center for Missing and Exploited Children NCMEC (C) by striking ( 42 U.S.C. 5773 ( 34 U.S.C. 11293 (D) by striking such center NCMEC (E) by striking from the effort from the efforts (3) in subsection (b)— (A) by striking the National Center for Missing and Exploited Children NCMEC (B) by striking such center NCMEC (C) by striking ( 42 U.S.C. 5773 ( 34 U.S.C. 11293 (4) in subsection (d)— (A) in the matter preceding paragraph (1), by striking The National Center for Missing and Exploited Children NCMEC (B) by striking image visual depiction 6. Definitions Section 2258E of title 18, United States Code, is amended— (1) in paragraph (5), by striking and (2) in paragraph (6), by striking the period at the end and inserting a semicolon; and (3) by inserting after paragraph (6) the following: (7) the term provider (8) the term NCMEC (9) the term visual depiction .

Summary: CyberTipline Modernization Act of 2017 This bill revises reporting requirements for electronic communication service providers and remote computing service providers who report information to the National Center for Missing and Exploited Children on crimes involving the sexual exploitation of children.