IIB 
110TH CONGRESS 
1ST SESSION H. R. 3791 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 6, 2007 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
To modernize and expand the reporting requirements relating 
to child pornography, to expand cooperation in combating 
child pornography, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Securing Adolescents 
From Exploitation-Online Act of 2007’’ or the ‘‘SAFE Act 
of 2007’’. 
SEC. 2. REPORTING REQUIREMENTS OF ELECTRONIC COM-
MUNICATION SERVICE PROVIDERS AND RE-
MOTE COMPUTING SERVICE PROVIDERS. 
(a) IN GENERAL.—Chapter 110 of title 18, United 
States Code, is amended by inserting after section 2258 
the following: 
‘‘SEC. 2258A. REPORTING REQUIREMENTS OF ELECTRONIC 
COMMUNICATION SERVICE PROVIDERS AND 
REMOTE COMPUTING SERVICE PROVIDERS. 
‘‘(a) DUTY TO REPORT.— 
‘‘(1) IN GENERAL.—Whoever, while engaged in 
providing an electronic communication service or a 
remote computing service to the public through a fa-
cility or means of interstate or foreign commerce, 
obtains actual knowledge of any facts or cir-
cumstances described in paragraph (2) shall, as soon 
as reasonably possible— 
‘‘(A) complete and maintain with current 
information 
a 
registration 
with 
the 
CyberTipline of the National Center for Missing 
and Exploited Children, or any successor to the 
CyberTipline operated by such center, by pro-
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viding the mailing address, telephone number, 
facsimile number, electronic mail address of, 
and individual point of contact for, such elec-
tronic communication service provider or remote 
computing service provider; and 
‘‘(B) make a report of such facts or cir-
cumstances to the CyberTipline, or any suc-
cessor to the CyberTipline operated by such 
center. 
‘‘(2) FACTS OR CIRCUMSTANCES.—The facts or 
circumstances described in this paragraph are any 
facts or circumstances that appear to indicate a vio-
lation of— 
‘‘(A) section 2251, 2251A, 2252, 2252A, 
2252B, or 2260 that involves child pornog-
raphy; or 
‘‘(B) section 1466A. 
‘‘(b) CONTENTS OF REPORT.—To the extent avail-
able to an electronic communication service provider or a 
remote computing service provider, each report under sub-
section (a)(1) shall include the following information: 
‘‘(1) INFORMATION ABOUT THE INVOLVED IN-
DIVIDUAL.—Information relating to the Internet 
identity of any individual who appears to have vio-
lated a Federal law in the manner described in sub-
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section (a)(2), which shall, to the extent reasonably 
practicable, include the electronic mail address, 
website address, uniform resource locator, or any 
other identifying information, including self-reported 
identifying information. 
‘‘(2) HISTORICAL
REFERENCE.—Information 
relating to when any apparent child pornography 
was uploaded, transmitted, reported to, or discovered 
by the electronic communication service provider or 
remote computing service provider, as the case may 
be, including a date and time stamp and time zone. 
‘‘(3) GEOGRAPHIC LOCATION INFORMATION.— 
Information relating to the geographic location of 
the involved individual, hosting website, or uniform 
resource locator, which shall include the Internet 
Protocol Address or verified billing address, or, if 
not reasonably available, at least one form of geo-
graphic identifying information, including area code 
or zip code. The information shall also include any 
self-reported geographic information. 
‘‘(4) IMAGES
OF
APPARENT
CHILD
PORNOG-
RAPHY.—Any image of any apparent child pornog-
raphy relating to the incident such report is regard-
ing. 
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‘‘(5) COMMINGLED IMAGES.—Any images, data, 
or other digital files (collectively referred to as ‘dig-
ital files’) which are commingled or interspersed 
among the images of apparent child pornography. If 
it would impose an undue hardship to provide these 
commingled digital files as part of the report, be-
cause of the volume of the digital files or for other 
reasons, the reporting company shall, in lieu of pro-
viding those digital files, inform the CyberTipline of 
the existence of such digital files, and retain those 
digital files as if they were part of the report as re-
quired pursuant to subsection (h). 
‘‘(c) FORWARDING OF REPORT TO LAW ENFORCE-
MENT.— 
‘‘(1) IN GENERAL.—The National Center for 
Missing and Exploited Children shall forward each 
report made under subsection (a)(1) to any appro-
priate law enforcement agency designated by the At-
torney General under subsection (d)(2). 
‘‘(2) STATE AND LOCAL LAW ENFORCEMENT.— 
The National Center for Missing and Exploited Chil-
dren may forward any report made under subsection 
(a)(1) to an appropriate official of a State or polit-
ical subdivision of a State for the purpose of enforc-
ing State criminal law. 
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‘‘(3) FOREIGN LAW ENFORCEMENT.—The Na-
tional Center for Missing and Exploited Children 
may forward any report made under subsection 
(a)(1) to any appropriate foreign law enforcement 
agency designated by the Attorney General under 
subsection (d)(3), subject to the conditions estab-
lished by the Attorney General under subsection 
(d)(3). 
‘‘(d) ATTORNEY GENERAL RESPONSIBILITIES.— 
‘‘(1) IN GENERAL.—The Attorney General shall 
enforce this section. 
‘‘(2) DESIGNATION OF FEDERAL AGENCIES.— 
The Attorney General shall designate promptly the 
Federal law enforcement agency or agencies to 
which a report shall be forwarded under subsection 
(c)(1). 
‘‘(3) DESIGNATION OF FOREIGN AGENCIES.— 
The Attorney General shall promptly— 
‘‘(A) designate the foreign law enforcement 
agencies to which a report may be forwarded 
under subsection (c)(3); 
‘‘(B) establish the conditions under which 
such a report may be forwarded to such agen-
cies; and 
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‘‘(C) develop a process for foreign law en-
forcement agencies to request assistance from 
Federal law enforcement agencies in obtaining 
evidence related to a report referred under sub-
section (c)(3). 
‘‘(e) FAILURE TO REPORT.—An electronic commu-
nication service provider or remote computing service pro-
vider that knowingly and willfully fails to make a report 
required under subsection (a)(1) shall be fined— 
‘‘(1) in the case of an initial knowing and will-
ful failure to make a report, not more than 
$150,000; and 
‘‘(2) in the case of any second or subsequent 
knowing and willful failure to make a report, not 
more than $300,000. 
‘‘(f) PROTECTION OF PRIVACY.—Nothing in this sec-
tion shall be construed to require an electronic commu-
nication service provider or a remote computing service 
provider to— 
‘‘(1) monitor any user, subscriber, or customer 
of that provider; 
‘‘(2) monitor the content of any communication 
of any person described in paragraph (1); or 
‘‘(3) affirmatively seek facts or circumstances 
described in subsection (a)(2). 
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‘‘(g) CONDITIONS
OF DISCLOSURE INFORMATION 
CONTAINED WITHIN REPORT.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a law enforcement agency that receives a 
report under subsection (c) shall not disclose any in-
formation contained in that report. 
‘‘(2) PERMITTED
DISCLOSURES.—A law en-
forcement agency may disclose information in a re-
port received under subsection (c)— 
‘‘(A) to an attorney for the government for 
use in the performance of the official duties of 
that attorney; 
‘‘(B) to such officers and employees of that 
law enforcement agency, as may be necessary in 
the performance of their investigative and rec-
ordkeeping functions; 
‘‘(C) to such other government personnel 
(including personnel of a State or subdivision of 
a State) as are determined to be necessary by 
an attorney for the government to assist the at-
torney in the performance of the official duties 
of the attorney in enforcing Federal criminal 
law; 
‘‘(D) if the report discloses a violation of 
State criminal law, to an appropriate official of 
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preserve, as if such notice was made pursuant to 
section 2703(f). 
‘‘(2) PRESERVATION OF REPORT.—Pursuant to 
subsection (h)(1), an electronic communication serv-
ice provider or a remote computing service shall pre-
serve the contents of the report provided pursuant to 
subsection (b) as well as the information in sub-
section (c)(2) of section 2703 pertaining to the in-
volved individual for not less than 180 days after 
such notification by the CyberTipline. 
‘‘(3) AUTHORITIES
AND
DUTIES
NOT
AF-
FECTED.—Nothing in this section shall be construed 
as replacing, amending, or otherwise interfering with 
the authorities and duties under section 2703. 
‘‘SEC. 2258B. LIMITED LIABILITY FOR ELECTRONIC COMMU-
NICATION 
SERVICE 
PROVIDERS, 
REMOTE 
COMPUTING SERVICE PROVIDERS, OR DO-
MAIN NAME REGISTRAR. 
‘‘(a) IN GENERAL.—Except as provided in sub-
sections (b) and (c), a civil claim or criminal charge 
against an electronic communication service provider, a re-
mote computing service provider, or domain name reg-
istrar, including any director, officer, employee, or agent 
of such electronic communication service provider, remote 
computing service provider, or domain name registrar 
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arising from the performance of the reporting responsibil-
ities of such electronic communication service provider, re-
mote computing service provider, or domain name reg-
istrar under this section, section 2258A, or section 2258C 
may not be brought in any Federal or State court. 
‘‘(b) INTENTIONAL, RECKLESS, OR OTHER MIS-
CONDUCT.—Subsection (a) shall not apply to a claim if 
the electronic communication service provider, remote 
computing service provider, or domain name registrar, or 
a director, officer, employee, or agent of that electronic 
communication service provider, remote computing service 
provider, or domain name registrar— 
‘‘(1) engaged in intentional misconduct; or 
‘‘(2) acted, or failed to act— 
‘‘(A) with actual malice; 
‘‘(B) with reckless disregard to a substan-
tial risk of causing injury without legal jus-
tification; or 
‘‘(C) for a purpose unrelated to the per-
formance of any responsibility or function 
under this section, section 2258A, or section 
2258C. 
‘‘(c) ORDINARY BUSINESS ACTIVITIES.—Subsection 
(a) shall not apply to an act or omission relating to an 
ordinary business activity of an electronic communication 
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service provider, a remote computing service provider, or 
domain name registrar, including general administration 
or operations, the use of motor vehicles, or personnel man-
agement. 
‘‘(d) MINIMIZING ACCESS.—An electronic commu-
nication service provider, a remote computing service pro-
vider, and domain name registrar shall— 
‘‘(1) minimize the number of employees that 
are provided access to any image provided under sec-
tion 2258A or 2258C; and 
‘‘(2) ensure that any such image is permanently 
destroyed, upon notification from a law enforcement 
agency. 
‘‘SEC. 2258C. USE OF IMAGES FROM THE CYBERTIPLINE TO 
COMBAT CHILD PORNOGRAPHY. 
‘‘(a) IN GENERAL.—The National Center for Missing 
and Exploited Children is authorized to provide elements 
relating to any image reported to its CyberTipline to an 
electronic communication service provider or a remote 
computing service provider for the sole and exclusive pur-
pose of permitting that electronic communication service 
provider or remote computing service provider to stop the 
further transmission of images. Such elements may in-
clude unique identifiers associated with a specific image, 
Internet location of images, and other technological ele-
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ments that can be used to identify and stop the trans-
mission of child pornography. 
‘‘(b) USE BY ELECTRONIC COMMUNICATION SERVICE 
PROVIDERS
AND REMOTE COMPUTING SERVICE PRO-
VIDERS.—Any electronic communication service provider 
or remote computing service provider that receives ele-
ments relating to an image from the National Center for 
Missing and Exploited Children under this section may 
use such information only for the purposes described in 
this section, provided that such use shall not relieve that 
electronic communication service provider or remote com-
puting service provider from its reporting obligations 
under section 2258A. 
‘‘SEC. 2258D. LIMITED LIABILITY FOR THE NATIONAL CEN-
TER FOR MISSING AND EXPLOITED CHIL-
DREN. 
‘‘(a) IN GENERAL.—Except as provided in sub-
sections (b) and (c), a civil claim or criminal charge 
against the National Center for Missing and Exploited 
Children, including any director, officer, employee, or 
agent of such center, arising from the performance of the 
CyberTipline responsibilities or functions of such center, 
as described in this section, section 2258A or 2258C of 
this title, or section 404 of the Missing Children’s Assist-
ance Act (42 U.S.C. 5773), or from the effort of such cen-
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ter to identify child victims may not be brought in any 
Federal or State court. 
‘‘(b) INTENTIONAL, RECKLESS, OR OTHER MIS-
CONDUCT.—Subsection (a) shall not apply to a claim or 
charge if the National Center for Missing and Exploited 
Children, or a director, officer, employee, or agent of such 
center— 
‘‘(1) engaged in intentional misconduct; or 
‘‘(2) acted, or failed to act— 
‘‘(A) with actual malice; 
‘‘(B) with reckless disregard to a substan-
tial risk of causing injury without legal jus-
tification; or 
‘‘(C) for a purpose unrelated to the per-
formance of any responsibility or function 
under this section, section 2258A or 2258C of 
this title, or section 404 of the Missing Chil-
dren’s Assistance Act (42 U.S.C. 5773). 
‘‘(c) ORDINARY BUSINESS ACTIVITIES.—Subsection 
(a) shall not apply to an act or omission relating to an 
ordinary business activity, including general administra-
tion or operations, the use of motor vehicles, or personnel 
management. 
‘‘(d) MINIMIZING ACCESS.—The National Center for 
Missing and Exploited Children shall— 
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