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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, make a report of such facts 
or circumstances to the CyberTipline of the National 
Center for Missing and Exploited Children, or any 
successor to the CyberTipline operated by such cen-
ter. 
‘‘(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— 
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‘‘(A) section 2251, 2251A, 2252, 2252A, 
2252B, or 2260 that involves child pornography 
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-
section (a)(2), including the electronic mail address, 
website address, uniform resource locator, or any 
other 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‘‘(2) HISTORICAL
REFERENCE.—Information 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, including the street address, tele-
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phone number, area code, zip code, or any Internet 
Protocol address. 
‘‘(4) IMAGES
OF
APPARENT
CHILD
PORNOG-
RAPHY.—Any image of any apparent child pornog-
raphy relating to the incident such report is regard-
ing. 
‘‘(5) COMPANY CONTACT INFORMATION.—Accu-
rate contact information for the electronic commu-
nication service provider or remote computing serv-
ice provider making the report, including the ad-
dress, telephone number, facsimile number, elec-
tronic mail address of, and individual point of con-
tact for, such electronic communication service pro-
vider or remote computing service provider. 
‘‘(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-
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ical subdivision of a State for the purpose of enforc-
ing State criminal law. 
‘‘(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); and 
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‘‘(B) establish the conditions under which 
such a report may be forwarded to such agen-
cies. 
‘‘(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). 
‘‘(g) CONDITIONS
OF DISCLOSURE INFORMATION 
CONTAINED WITHIN REPORT.— 
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‘‘(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 
a State or subdivision of a State for the pur-
pose of enforcing such State law; or 
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‘‘(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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‘‘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-
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 
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‘‘(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— 
‘‘(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. 
‘‘SEC. 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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‘‘(3) the term ‘electronic mail address’ has the 
meaning given that term in section 3 of the CAN– 
SPAM Act of 2003 (15 U.S.C. 7702); 
‘‘(4) the term ‘Internet’ has the meaning given 
that term in section 1101 of the Internet Tax Free-
dom Act (47 U.S.C. 151 note); 
‘‘(5) the term ‘remote computing service’ has 
the meaning given that term in section 2711; and 
‘‘(6) 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.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) REPEAL OF SUPERCEDED PROVISION.—Sec-
tion 227 of the Crime Control Act of 1990 (42 
U.S.C. 13032) is repealed. 
(2) TABLE OF SECTIONS.—The table of sections 
for chapter 110 of title 18, United States Code, is 
amended by inserting after the item relating to sec-
tion 2258 the following: 
‘‘2258A. Reporting requirements of electronic communication service providers 
and remote computing service providers. 
‘‘2258B. Limited liability for electronic communication service providers and re-
mote computing service providers. 
‘‘2258C. Use of images from the CyberTipline to combat child pornography. 
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‘‘2258D. Limited liability for the National Center for Missing and Exploited 
Children. 
‘‘2258E. Definitions.’’. 
Æ 
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