‘‘(E) to a defendant in a criminal case or 
the attorney for that defendant, to the extent 
the information relates to a criminal charge 
pending against that defendant. 
‘‘(h) EVIDENCE PRESERVATION.— 
‘‘(1) IN GENERAL.—An electronic communica-
tion service provider or a remote computing service 
provider shall store any image and other information 
relating to the facts or circumstances of any incident 
reported under subsection (a)(1) for not less than 
180 days after the date that the report is trans-
mitted to the National Center for Missing and Ex-
ploited Children through the CyberTipline, or for 
such longer period of time as may be requested by 
a law enforcement agency. 
‘‘(2) DESTRUCTION
OF
EVIDENCE.—An elec-
tronic communication service provider or a remote 
computing service provider shall not destroy any 
data that, to the knowledge of that electronic com-
munication service provider or remote computing 
service provider, relates to an incident reported 
under subsection (a)(1) during the 180-day period 
beginning on the date that report is transmitted to 
the National Center for Missing and Exploited Chil-
dren through the CyberTipline, or for such longer 
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period of time as may be requested by a law enforce-
ment agency. 
‘‘§ 2258B. Limited liability for electronic communica-
tion service providers and remote com-
puting service providers 
‘‘(a) IN GENERAL.—Except as provided in sub-
sections (b) and (c), a civil claim or criminal charge 
against an electronic communication service provider or a 
remote computing service provider, including any director, 
officer, employee, or agent of such electronic communica-
tion service provider or remote computing service provider, 
arising from the performance of the reporting responsibil-
ities of such electronic communication service provider or 
remote computing service provider under this section, sec-
tion 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 or remote 
computing service provider, or a director, officer, em-
ployee, or agent of that electronic communication service 
provider or remote computing service provider— 
‘‘(1) engaged in intentional misconduct; or 
‘‘(2) acted, or failed to act— 
‘‘(A) with actual malice; 
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‘‘(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 
service provider or a remote computing service provider, 
including general administration or operations, the use of 
motor vehicles, or personnel management. 
‘‘(d) MINIMIZING ACCESS.—An electronic commu-
nication service provider and a remote computing service 
provider 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. 
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‘‘§ 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-
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. 
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‘‘§ 2258D. Limited liability for the National Center for 
Missing and Exploited Children 
‘‘(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-
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 
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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— 
‘‘(1) minimize the number of employees that 
are provided access to any image provided under sec-
tion 2258A; and 
‘‘(2) ensure that any such image is permanently 
destroyed upon notification from a law enforcement 
agency. 
‘‘§ 2258E. Definitions 
‘‘In sections 2258A through 2258D— 
‘‘(1) the terms ‘attorney for the government’ 
and ‘State’ have the meanings given those terms in 
rule 1 of the Federal Rules of Criminal Procedure; 
‘‘(2) the term ‘electronic communication service’ 
has the meaning given that term in section 2510; 
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