I 
115TH CONGRESS 
1ST SESSION H. R. 4447 
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. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 16, 2017 
Mr. SENSENBRENNER (for himself and Mr. RATCLIFFE) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to make certain 
changes to the reporting requirement of certain service 
providers regarding child sexual exploitation visual depic-
tions, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘CyberTipline Mod-
ernization Act of 2017’’. 
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SEC. 2. ALTERATIONS TO REPORTING REQUIREMENTS FOR 
ELECTRONIC SERVICE PROVIDERS AND RE-
MOTE 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’’ 
and inserting ‘‘PROVIDERS’’; 
(2) by striking ‘‘ the National Center for Miss-
ing and Exploited Children’’ each place such term 
appears and inserting ‘‘NCMEC’’; 
(3) in subsection (a)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) IN GENERAL.— 
‘‘(A) DUTY.—In order to reduce the pro-
liferation of online child sexual exploitation and 
to prevent the online sexual exploitation of chil-
dren, a provider— 
‘‘(i) shall, as soon as reasonably pos-
sible after obtaining actual knowledge of 
any facts or circumstances described in 
paragraph (2)(A), take the actions de-
scribed in subparagraph (B); and 
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‘‘(ii) may, after obtaining actual 
knowledge of any facts or circumstances 
described in paragraph (2)(B), take the ac-
tions 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 Cyber-
Tipline operated by NCMEC, the mailing 
address, telephone number, facsimile num-
ber, electronic mailing address of, and indi-
vidual 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, 
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2251A, 2252, 2252A, 2252B, or 2260 that in-
volves 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 sub-
paragraph (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’’ and in-
serting ‘‘In an effort to prevent the future 
sexual victimization of children, and to the 
extent’’; 
(ii) by striking ‘‘an electronic commu-
nication service provider or a remote com-
puting service provider’’ and inserting ‘‘a 
provider’’; and 
(iii) by striking ‘‘may include’’ and in-
serting ‘‘may, at the sole discretion of the 
provider, include’’; 
(B) in paragraph (1)— 
(i) by inserting ‘‘or plans to violate’’ 
after ‘‘who appears to have violated’’; and 
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(ii) by inserting ‘‘payment information 
(excluding personally identifiable informa-
tion),’’ after ‘‘uniform resource locator,’’; 
(C) in paragraph (2)— 
(i) by striking ‘‘an electronic commu-
nication service provider or a remote com-
puting service provider’’ and inserting ‘‘a 
provider’’; 
(ii) by striking ‘‘apparent child por-
nography’’ each place it appears and in-
serting ‘‘content relating to the report’’; 
and 
(iii) by striking ‘‘the electronic com-
munication service provider or a remote 
computing service provider’’ and inserting 
‘‘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 geo-
graphic identifying information, including area code 
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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 ‘‘IM-
AGES’’ and inserting ‘‘VISUAL
DEPIC-
TIONS’’; 
(ii) by striking ‘‘image’’ and inserting 
‘‘visual depiction’’; and 
(iii) by inserting ‘‘or other content’’ 
after ‘‘apparent child pornography’’; and 
(F) in paragraph (5)— 
(i) by striking ‘‘image’’ and inserting 
‘‘visual depiction’’; 
(ii) by inserting ‘‘or other content’’ 
after ‘‘apparent child pornography’’; and 
(iii) by striking ‘‘images’’ and insert-
ing ‘‘visual depictions’’; 
(5) by amending subsection (c) to read as fol-
lows: 
‘‘(c) Pursuant to its clearinghouse role as a private, 
nonprofit organization, and at the conclusion of its non-
profit review, NCMEC shall make available each report 
made under subsection (a)(1) to one or more of the fol-
lowing law enforcement agencies: 
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(i) by striking ‘‘shall’’ and inserting 
‘‘may’’; 
(ii) by striking ‘‘electronic commu-
nication service providers, remote com-
puting service providers’’ and inserting 
‘‘providers’’; 
(D) by striking paragraph (5); 
(E) by redesignating paragraph (6) as 
paragraph (5); and 
(F) in paragraph (5) (as so redesig-
nated)— 
(i) in the matter preceding subpara-
graph (A)— 
(I) by striking ‘‘an electronic 
communication service provider or re-
mote computing service provider’’ and 
inserting ‘‘a provider’’; 
(II) by striking ‘‘the electronic 
communication service provider or re-
mote computing service provider’’ and 
inserting ‘‘the provider’’; and 
(III) by striking ‘‘shall’’ and in-
serting ‘‘may’’; 
(ii) in subparagraph (A)— 
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(I) by striking ‘‘the Center’’ and 
inserting ‘‘NCMEC’’; 
(II) by inserting after ‘‘des-
ignated by the Attorney General 
under paragraph (3)’’ the following: 
‘‘or that has an established relation-
ship with the Federal Bureau of In-
vestigation, Immigration and Customs 
Enforcement, or INTERPOL, and is 
involved in the investigation of child 
sexual exploitation, kidnapping, or en-
ticement crimes’’; and 
(III) by striking ‘‘electronic com-
munication service provider or remote 
computing service provider’’ and in-
serting ‘‘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’’ and inserting ‘‘A provider’’; 
(8) in subsection (f)— 
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(A) in the matter preceding paragraph (1), 
by striking ‘‘an electronic communication serv-
ice provider or remote computing service pro-
vider’’ and inserting ‘‘a provider’’; 
(B) in paragraph (3), by striking ‘‘seek’’ 
and inserting ‘‘search, screen, or scan for’’; 
(9) in subsection (g)— 
(A) in paragraph (2)— 
(i) in subparagraph (A)(vi), by strik-
ing ‘‘an electronic communication service 
provider or remote computing service pro-
vider’’ and inserting ‘‘a provider’’; and 
(ii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) LIMITATION.—Nothing in subpara-
graph (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 subpara-
graph (A)— 
(I) by inserting after ‘‘may dis-
close’’ the following: ‘‘by mail, elec-
tronic transmission, or other reason-
able means,’’; and 
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(II) by striking ‘‘only’’ and in-
serting ‘‘only to’’; 
(ii) in subparagraph (A)— 
(I) by striking ‘‘ to any Federal 
law enforcement agency’’ and insert-
ing ‘‘any Federal law enforcement 
agency’’; and 
(II) by inserting before the semi-
colon 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’’ 
and inserting ‘‘any State’’; and 
(II) by striking ‘‘child pornog-
raphy, child exploitation’’ and insert-
ing ‘‘child sexual exploitation’’; 
(iv) in subparagraph (C)— 
(I) by striking ‘‘to any foreign 
law enforcement agency’’ and insert-
ing ‘‘any foreign law enforcement 
agency’’; and 
(II) by striking ‘‘; and’’ and in-
serting ‘‘or that has an established re-
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lationship with the Federal Bureau of 
Investigation, Immigration and Cus-
toms 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 re-
mote computing service provider’’ and 
inserting ‘‘a provider’’; and 
(II) by striking the period at the 
end and inserting ‘‘; and’’; and 
(vi) by adding after subparagraph (D) 
the following: 
‘‘(E) respond to legal process, as nec-
essary.’’; and 
(C) by adding at the end the following: 
‘‘(4) PERMITTED
DISCLOSURE
BY
A
PRO-
VIDER.—A provider that submits a report under 
subsection (a)(1) may disclose by mail, electronic 
transmission, or other reasonable means, informa-
tion, including visual depictions contained in the re-
port, in a manner consistent with permitted disclo-
sures under paragraphs (3) through (8) of section 
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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 proc-
ess.’’; 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’’ and inserting ‘‘a com-
pleted submission by a provider of a report 
to the CyberTipline’’; and 
(ii) by striking ‘‘, as if such request 
was made pursuant to section 2703(f)’’ 
and inserting ‘‘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), re-
spectively; 
(D) in paragraph (2) (as so redesig-
nated)— 
(i) in the heading, by striking ‘‘IM-
AGES’’ and inserting ‘‘CONTENT’’; 
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(ii) by striking ‘‘an electronic commu-
nication service provider or a remote com-
puting service’’ and inserting ‘‘a provider’’; 
(iii) by inserting ‘‘videos,’’ after ‘‘im-
ages,’’; and 
(iv) by striking ‘‘commingled or inter-
spersed among the images of apparent 
child pornography within a particular com-
munication or user created folder or direc-
tory’’ and inserting ‘‘reasonably accessible 
and may provide context or additional in-
formation about the reported material or 
person’’; and 
(E) in paragraph (3) (as so redesignated), 
by striking ‘‘An electronic communication serv-
ice provider or a remote computing service’’ and 
inserting ‘‘A provider’’. 
SEC. 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 commu-
nication service providers, remote 
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computing service providers,’’ and in-
serting ‘‘providers’’; and 
(B) by striking ‘‘registrar’’ and insert-
ing ‘‘registrars’’; 
(2) in subsection (a)— 
(A) by striking ‘‘an electronic communica-
tion service provider, remote computing service 
provider,’’ and inserting ‘‘a provider’’; and 
(B) by striking ‘‘such electronic commu-
nication service provider, remote computing 
service provider,’’ and inserting ‘‘such pro-
vider’’; 
(3) in subsection (b), by striking ‘‘electronic 
communication service provider, remote computing 
service provider,’’ each place it appears and inserting 
‘‘provider’’; and 
(4) in subsection (c)— 
(A) by striking ‘‘image’’ each place it ap-
pears and inserting ‘‘visual depiction’’; 
(B) in the matter preceding paragraph (1), 
by striking ‘‘An electronic communication serv-
ice provider, a remote computing service pro-
vider,’’ and inserting ‘‘A provider’’. 
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SEC. 4. USE TO COMBAT CHILD PORNOGRAPHY OF TECH-
NICAL 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’’ and inserting ‘‘to reports made 
to’’; 
(2) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘The National Center 
for Missing and Exploited Children’’ and 
inserting ‘‘NCMEC’’; 
(ii) by striking ‘‘apparent child por-
nography image of an identified child’’ and 
inserting ‘‘CyberTipline report’’; 
(iii) by striking ‘‘an electronic commu-
nication service provider or a remote com-
puting service provider’’ and inserting ‘‘a 
provider’’; 
(iv) by striking ‘‘that electronic com-
munication service provider or remote com-
puting service provider’’ and inserting 
‘‘that provider’’; and 
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(v) by striking ‘‘further transmission 
of images’’ and inserting ‘‘online sexual ex-
ploitation of children’’; 
(B) in paragraph (2), by striking ‘‘specific 
image, Internet location of images, and other 
technological elements that can be used to iden-
tify and stop the transmission of child pornog-
raphy’’ and inserting ‘‘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 pre-
vent the online sexual exploitation of children’’; 
and 
(C) in paragraph (3), by striking ‘‘actual 
images’’ and inserting ‘‘actual visual depictions 
of apparent child pornography’’; 
(3) in subsection (b)— 
(A) in the heading, by striking ‘‘elec-
tronic communication service pro-
viders and remote computing service 
providers’’ and inserting ‘‘providers’’; 
(B) by striking ‘‘electronic communication 
service provider or remote computing service 
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provider’’ each place it appears and inserting 
‘‘provider’’; 
(C) by striking ‘‘apparent child pornog-
raphy image of an identified child from the Na-
tional Center for Missing and Exploited Chil-
dren’’ and inserting ‘‘CyberTipline report from 
NCMEC’’; 
(D) by striking ‘‘shall not relieve that’’ and 
inserting ‘‘shall not affect the’’; and 
(E) by striking ‘‘its reporting obligations’’ 
and inserting ‘‘reporting’’; 
(4) in subsection (c)— 
(A) by striking ‘‘electronic communication 
service providers or remote computing service 
providers’’ and inserting ‘‘providers’’; 
(B) by striking ‘‘apparent child pornog-
raphy image of an identified child from the Na-
tional Center for Missing and Exploited Chil-
dren’’ and inserting ‘‘CyberTipline report from 
NCMEC’’; and 
(C) by striking ‘‘further transmission of 
the images’’ and inserting ‘‘online sexual exploi-
tation of children’’; 
(5) in subsection (d)— 
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(A) by striking ‘‘The National Center for 
Missing and Exploited Children shall’’ and in-
serting ‘‘NCMEC may’’; 
(B) by inserting after ‘‘local law enforce-
ment’’ the following: ‘‘, and to foreign law en-
forcement 
agencies 
described 
in 
section 
2258A(c)(3)’’; 
(C) by striking ‘‘investigation of child por-
nography’’ and inserting ‘‘investigation of child 
sexual exploitation’’; 
(D) by striking ‘‘image of an identified 
child’’ and inserting ‘‘visual depiction’’; and 
(E) by striking ‘‘reported to the National 
Center for Missing and Exploited Children’’ 
and inserting ‘‘reported to the CyberTipline’’; 
and 
(6) in subsection (e)— 
(A) by inserting before ‘‘Federal’’ the fol-
lowing: ‘‘foreign,’’; 
(B) by striking ‘‘image of an identified 
child from the National Center for Missing and 
Exploited Children’’ and inserting ‘‘visual depic-
tion from NCMEC’’; 
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(C) by striking ‘‘child pornography crimes’’ 
and 
inserting 
‘‘child 
sexual 
exploitation 
crimes,’’; and 
(D) by inserting before the period at the 
end the following: ‘‘and prevent future sexual 
victimization of children’’. 
SEC. 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 Chil-
dren’’ and inserting ‘‘NCMEC’’; 
(2) in subsection (a)— 
(A) by striking ‘‘Except as provided’’ and 
inserting ‘‘Pursuant to its clearinghouse role as 
a private, nonprofit organization and its mis-
sion to help find missing children, reduce online 
sexual exploitation of children and prevent fu-
ture victimization, and except as provided’’; 
(B) by striking ‘‘the National Center for 
Missing and Exploited Children’’ and inserting 
‘‘NCMEC’’; 
(C) by striking ‘‘(42 U.S.C. 5773)’’ and 
inserting ‘‘(34 U.S.C. 11293)’’; 
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