I 
110TH CONGRESS 
1ST SESSION 
H. R. 837 
To amend title 18, United States Code, to protect youth from exploitation 
by adults using the Internet, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 6, 2007 
Mr. SMITH of Texas (for himself, Mr. FORBES, Mr. GALLEGLY, Mr. CHABOT, 
Mr. FEENEY, Mr. FRANKS of Arizona, and Mr. PENCE) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to protect youth 
from exploitation by adults using the Internet, 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 ‘‘Internet Stopping 
Adults Facilitating the Exploitation of Today’s Youth Act 
(SAFETY) of 2007’’. 
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SEC. 2. FINANCIAL FACILITATION OF ACCESS TO CHILD 
PORNOGRAPHY. 
(a) OFFENSE.—Chapter 95 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘§ 1960A. Financial facilitation of access to child por-
nography 
‘‘Whoever knowingly conducts, or attempts or con-
spires to conduct, a financial transaction (as defined in 
section 1956(c)) in or affecting interstate or foreign com-
merce, knowing that such transaction will facilitate access 
to, or the possession of, child pornography (as defined in 
section 2256) shall be fined under this title or imprisoned 
not more than 20 years, or both.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 95 of title 18, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘1960A. Financial facilitation of access to child pornography.’’. 
SEC. 3. INTERNET FACILITATION OF CHILD PORNOGRAPHY 
AND EXPLOITATION OF CHILDREN. 
(a) OFFENSE.—Chapter 95 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘§ 1960B. Internet facilitation of child pornography 
and exploitation of children 
‘‘(a) OFFENSE.—Whoever, being an Internet content 
hosting provider or email service provider, knowingly en-
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gages in any conduct the provider knows or has reason 
to believe facilitates access to, or the possession of, child 
pornography (as defined in section 2256) shall be fined 
under this title or imprisoned not more than 10 years, or 
both. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘Internet content hosting pro-
vider’ means a service that— 
‘‘(A) stores, through electromagnetic or 
other means, electronic data, including the con-
tent of web pages, electronic mail, documents, 
images, audio and video files, online discussion 
boards, and weblogs; and 
‘‘(B) makes such data available via the 
Internet 
‘‘(2) the term ‘email service provider’ means a 
person that— 
‘‘(A) provides a service, using the Internet, 
for the transmission, receipt, storage, and re-
trieval, by registered users, of electronic mail 
messages; and 
‘‘(B) receives the content of, and recipient 
list for, electronic mail messages that it trans-
mits, receives, or stores for the person or entity 
procuring such services.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 95 of title 18, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘1960B. Internet facilitation of child pornography and exploitation of children’’. 
SEC. 4. CHILD PORNOGRAPHY REPORTING. 
(a) CHILD
PORNOGRAPHY
REPORTING.—Section 
227(b)(4) of the Victims of Child Abuse Act of 1990 (42 
U.S.C. 13032(b)(4)) is amended to read as follows: 
‘‘(4) FAILURE TO REPORT.— 
‘‘(A) KNOWING FAILURE.—A provider of 
electronic communication services or remote 
computing services described in paragraph (1) 
who knowingly fails to make a report under 
that paragraph shall be fined— 
‘‘(i) in the case of an initial failure to 
make a report, not more than $150,000; 
and 
‘‘(ii) in the case of any second or sub-
sequent failure to make a report, not more 
than $300,000. 
‘‘(B) NEGLIGENT FAILURE.—A provider of 
electronic communication services or remote 
computing services described in paragraph (1) 
who negligently fails to make a report under 
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that paragraph shall be subject to a civil pen-
alty of— 
‘‘(i) in the case of an initial failure to 
make a report, not more than $50,000; 
and 
‘‘(ii) in the case of any second or sub-
sequent failure to make a report, not more 
than $100,000. 
‘‘(C) AUTHORITY.—For the purposes of 
this paragraph, the Federal Communications 
Commission— 
‘‘(i) may levy civil penalties under 
subparagraph (B); and 
‘‘(ii) shall promulgate regulations, in 
consultation with the Attorney General, 
to— 
‘‘(I) effectuate the purposes of 
subparagraph (B); and 
‘‘(II) provide for appropriate ad-
ministrative review of any civil pen-
alties levied under that subpara-
graph.’’. 
SEC. 5. MONEY LAUNDERING PREDICATE. 
Section 1956(c)(7)(D) of title 18, United States 
Code, is amended— 
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(1) by inserting ‘‘1466A (relating to obscene 
visual representation of the abuse of children),’’ be-
fore ‘‘section 1708’’; 
(2) ‘‘1960A (relating to financial facilitation of 
access to child pornography), 1960B (relating to 
Internet facilitation of child pornography and exploi-
tation of children),’’ before ‘‘section 2113’’; and 
(3) by inserting ‘‘2252A (relating to child por-
nography), 2260A (relating to increased penalties 
for registered sex offenders),’’ before ‘‘section 
2280’’. 
SEC. 6. RECORD RETENTION REQUIREMENTS FOR INTER-
NET SERVICE PROVIDERS. 
(a) REGULATIONS.—Not later than 90 days after the 
date of the enactment of this section, the Attorney General 
shall issue regulations governing the retention of records 
by Internet Service Providers. Such regulations shall, at 
a minimum, require retention of records, such as the name 
and address of the subscriber or registered user to whom 
an Internet Protocol address, user identification or tele-
phone number was assigned, in order to permit compliance 
with court orders that may require production of such in-
formation. 
(b) FAILURE TO COMPLY.—Whoever knowingly fails 
to retain any record required under this section shall be 
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fined under title 18, United States Code, and imprisoned 
for not more than one year, or both. 
SEC. 7. INCREASED PENALTIES FOR SEXUAL EXPLOI-
TATION OF CHILDREN. 
Section 2251(e) of title 18, United States Code, is 
amended— 
(1) by striking ‘‘15 years nor more than 30 
years’’ and inserting ‘‘20 years or for life’’; and 
(2) by striking ‘‘not less than 25 years nor 
more than 50 years,’’ and all that follows through 
‘‘not less than 35 years nor more than life.’’ and in-
serting ‘‘life.’’. 
SEC. 8. INCREASED PENALTIES FOR ACTIVITIES RELATING 
TO MATERIAL INVOLVING THE SEXUAL EX-
PLOITATION OF CHILDREN. 
Section 2252(b) of title 18, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘5 years and not more 
than 20 years’’ and inserting ‘‘15 years or for 
life’’; and 
(B) by striking ‘‘not less than 15 years nor 
more than 40 years.’’ and inserting ‘‘life.’’; and 
(2) in paragraph (2)— 
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(A) by striking ‘‘or imprisoned not more 
than 10 years, or both’’ and inserting ‘‘and im-
prisoned for not less than 3 years nor more 
than 20 years’’; and 
(B) by striking ‘‘10 years nor more than 
20 years.’’ and inserting ‘‘20 years or for life.’’. 
SEC. 9. INCREASED PENALTIES FOR ACTIVITIES RELATING 
TO 
MATERIAL 
CONSTITUTING 
OR 
CON-
TAINING CHILD PORNOGRAPHY. 
Section 2252A(b) of title 18, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘5 years and not more 
than 20 years’’ and inserting ‘‘15 years or for 
life’’; and 
(B) by striking ‘‘not less than 15 years nor 
more than 40 years’’ and inserting ‘‘life’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘or imprisoned not more 
than 10 years, or both’’ and inserting ‘‘and im-
prisoned for not less than 3 years nor more 
than 20 years’’; and 
(B) by striking ‘‘10 years nor more than 
20 years’’ and inserting ‘‘20 years or for life’’. 
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SEC. 10. REQUIREMENT TO PLACE WARNING MARKS ON 
COMMERCIAL WEBSITES CONTAINING SEXU-
ALLY EXPLICIT MATERIAL. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘Commission’’ means the Federal 
Trade Commission; 
(2) the term ‘‘website’’ means any collection of 
material placed in a computer server-based file ar-
chive so that it is publicly accessible, over the Inter-
net, using hypertext transfer protocol or any suc-
cessor protocol except that the term does not include 
any collection of material where access to sexually 
explicit material is restricted to a specific set of indi-
viduals through the provision of a password or 
through another access restriction mechanism; 
(3) the term ‘‘sexually explicit material’’ means 
any material that depicts sexually explicit conduct 
(as that term is defined in subsection (2)(A) of sec-
tion 2256 of title 18, United States Code), unless 
the depiction constitutes a small and insignificant 
part of the whole, the remainder of which is not pri-
marily devoted to sexual matters; 
(4) the term ‘‘Internet’’ means the combination 
of computer facilities and electromagnetic trans-
mission media, and related equipment and software, 
comprising the interconnected worldwide network of 
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computer networks that employ the Transmission 
Control Protocol/Internet Protocol or any successor 
protocol to transmit information; and 
(5) the term ‘‘Internet access service’’— 
(A) means a service that enables users to 
access content, information, electronic mail, or 
other services offered over the Internet, and 
may also include access to proprietary content, 
information, and other services as part of a 
package of services offered to consumers; and 
(B) does not include telecommunications 
services. 
(b) LABELING REQUIREMENT.—Except as provided 
in subsection (d), no person who operates a website that 
is primarily operated for commercial purposes, in or af-
fecting interstate or foreign commerce, may knowingly, 
and with knowledge of the character of the material, place 
on that website sexually explicit material, and fail— 
(1) to include on each page of the website that 
contains sexually explicit material, the marks and 
notices prescribed by the Commission under sub-
section (c); or 
(2) to ensure that the matter on the website 
that is initially viewable, absent any further actions 
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by the viewer, does not include any sexually explicit 
material. 
(c) PRESCRIPTION OF MARKS AND NOTICES.—Not 
later than 90 days after the date of enactment of this Act, 
the Commission shall, in consultation with the Attorney 
General, establish by regulation clearly identifiable marks 
or notices to be included in the code, if technologically fea-
sible, or if not feasible on the pages, of websites that con-
tain sexually explicit material in order to inform the viewer 
of that fact and to facilitate the filtering of such pages. 
(d) INAPPLICABILITY
TO CARRIERS
AND OTHER 
SERVICE PROVIDERS.—This section shall not apply to a 
person, to the extent that such person is— 
(1) a telecommunications carrier engaged in the 
provision of a telecommunications service; 
(2) a person engaged in the business of pro-
viding an Internet access service; or 
(3) similarly engaged in the transmission, stor-
age, retrieval, hosting, formatting, or translation (or 
any combination thereof) of a communication made 
by another person, without selection or alteration of 
the content of the communication, and such person’s 
deletion of a particular communication or material 
made by another person in a manner consistent with 
any applicable law or regulation shall not constitute 
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selection or alteration of the content of the commu-
nication. 
(e) PENALTIES.—Whoever violates subsection (b)— 
(1) shall be fined under title 18, United States 
Code, imprisoned not more than 5 years, or both; 
and 
(2) shall be fined under title 18, United States 
Code, and imprisoned for not less than 5 years nor 
more than 15 years, if such person has a prior con-
viction under— 
(A) this section; 
(B) section 1591 or chapter 71, chapter 
109A, chapter 110, or chapter 117 of title 18, 
United States Code; 
(C) section 920 of title 10, United States 
Code, (article 120 of the Uniform Code of Mili-
tary Justice); or 
(D) the laws of any State relating to— 
(i) aggravated sexual abuse, sexual 
abuse, or abusive sexual contact involving 
a minor or ward; 
(ii) the production, possession, receipt, 
mailing, sale, distribution, shipment, or 
transportation of child pornography; or 
(iii) sex trafficking of children. 
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SEC. 11. ADDITIONAL RICO PREDICATES. 
Section 1961(1) of title 18, United States Code, is 
amended— 
(1) by inserting ‘‘section 641 (relating to em-
bezzlement or theft of public money, property, or 
records,’’ after ‘‘473 (relating to counterfeiting),’’; 
and 
(2) by inserting ‘‘section 666 (relating to theft 
or bribery concerning programs receiving Federal 
funds),’’ after ‘‘section 664 (relating to embezzle-
ment from pension and welfare funds),’’. 
SEC. 12. ADDITIONAL RESOURCES FOR THE INNOCENT IM-
AGES NATIONAL INITIATIVE. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Director of the 
Federal Bureau of Investigation to carry out the Innocent 
Images National Initiative, $30,000,000 for each of the 
fiscal years 2008 through 2012. 
(b) AVAILABILITY.—Any amounts appropriated pur-
suant to subsection (a) shall remain available until ex-
pended. 
Æ 
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