34 U.S.C. § 21115 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 21115. National Internet Crimes Against Children Data System
(a) In general
The Attorney General shall establish, consistent with all existing Federal laws relating to the protection of privacy, a National Internet Crimes Against Children Data System. The system shall not be used to search for or obtain any information that does not involve the use of the Internet to facilitate child exploitation.
(b) Intent of Congress
It is the purpose and intent of Congress that the National Internet Crimes Against Children Data System established in subsection (a) is intended to continue and build upon Operation Fairplay developed by the Wyoming Attorney General’s office, which has established a secure, dynamic undercover infrastructure that has facilitated online law enforcement investigations of child exploitation, information sharing, and the capacity to collect and aggregate data on the extent of the problems of child exploitation.
(c) Purpose of system
The National Internet Crimes Against Children Data System established under subsection (a) shall be dedicated to assisting and supporting credentialed law enforcement agencies authorized to investigate child exploitation in accordance with Federal, State, local, and tribal laws, including by providing assistance and support to—
(1) Federal agencies investigating and prosecuting child exploitation;
(2) the ICAC Task Force Program established under section 21112 of this title;
(3) State, local, and tribal agencies investigating and prosecuting child exploitation; and
(4) foreign or international law enforcement agencies, subject to approval by the Attorney General.
(d) Cyber safe deconfliction and information sharing
The National Internet Crimes Against Children Data System established under subsection (a)—
(1) shall be housed and maintained within the Department of Justice or a credentialed law enforcement agency;
(2) shall be made available for a nominal charge to support credentialed law enforcement agencies in accordance with subsection (c); and
(3) shall—
(A) allow Federal, State, local, and tribal agencies and ICAC task forces investigating and prosecuting child exploitation to contribute and access data for use in resolving case conflicts;
(B) provide, directly or in partnership with a credentialed law enforcement agency, a dynamic undercover infrastructure to facilitate online law enforcement investigations of child exploitation;
(C) facilitate the development of essential software and network capability for law enforcement participants; and
(D) provide software or direct hosting and support for online investigations of child exploitation activities, or, in the alternative, provide users with a secure connection to an alternative system that provides such capabilities, provided that the system is hosted within a governmental agency or a credentialed law enforcement agency.
(e) Collection and reporting of data
(1) In general
The National Internet Crimes Against Children Data System established under subsection (a) shall ensure the following:
(A) Real-time reporting
All child exploitation cases involving local child victims that are reasonably detectable using available software and data are, immediately upon their detection, made available to participating law enforcement agencies.
(B) High-priority suspects
Every 30 days, at minimum, the National Internet Crimes Against Children Data System shall—
(i) identify high-priority suspects, as such suspects are determined by indicators of seriousness of offense or dangerousness to the community or a potential local victim; and
(ii) report all such identified high-priority suspects to participating law enforcement agencies.
(C) Annual reports
Any statistical data indicating the overall magnitude of child pornography trafficking and child exploitation in the United States and internationally is made available and included in the National Strategy, as is required under section 21111(c)(16) of this title.
(2) Rule of construction
Nothing in this subsection shall be construed to limit the ability of participating law enforcement agencies to disseminate investigative leads or statistical information in accordance with State and local laws.
(f) Mandatory requirements of network
The National Internet Crimes Against Children Data System established under subsection (a) shall develop, deploy, and maintain an integrated technology and training program that provides—
(1) a secure, online system for Federal law enforcement agencies, ICAC task forces, and other State, local, and tribal law enforcement agencies for use in resolving case conflicts, as provided in subsection (d);
(2) a secure system enabling online communication and collaboration by Federal law enforcement agencies, ICAC task forces, and other State, local, and tribal law enforcement agencies regarding ongoing investigations, investigatory techniques, best practices, and any other relevant news and professional information;
(3) a secure online data storage and analysis system for use by Federal law enforcement agencies, ICAC task forces, and other State, local, and tribal law enforcement agencies;
(4) secure connections or interaction with State and local law enforcement computer networks, consistent with reasonable and established security protocols and guidelines;
(5) guidelines for use of the National Internet Crimes Against Children Data System by Federal, State, local, and tribal law enforcement agencies and ICAC task forces; and
(6) training and technical assistance on the use of the National Internet Crimes Against Children Data System by Federal, State, local, and tribal law enforcement agencies and ICAC task forces.
(g) National Internet Crimes Against Children Data System Steering Committee
The Attorney General shall establish a National Internet Crimes Against Children Data System Steering Committee to provide guidance to the Network relating to the program under subsection (f), and to assist in the development of strategic plans for the System. The Steering Committee shall consist of 10 members with expertise in child exploitation prevention and interdiction prosecution, investigation, or prevention, including—
(1) 3 representatives elected by the local directors of the ICAC task forces, such representatives shall represent different geographic regions of the country;
(2) 1 representative of the Department of Justice Office of Information Services;
(3) 1 representative from Operation Fairplay, currently hosted at the Wyoming Office of the Attorney General;
(4) 1 representative from the law enforcement agency having primary responsibility for hosting and maintaining the National Internet Crimes Against Children Data System;
(5) 1 representative of the Federal Bureau of Investigation’s Innocent Images National Initiative or Regional Computer Forensic Lab program;
(6) 1 representative of the Immigration and Customs Enforcement’s Cyber Crimes Center;
(7) 1 representative of the United States Postal Inspection Service; and
(8) 1 representative of the Department of Justice.
(h) Authorization of appropriations
There are authorized to be appropriated for each of the fiscal years 2009 through 2016, $2,000,000 to carry out the provisions of this section.
(Pub. L. 110–401, title I, § 105, Oct. 13, 2008, 122 Stat. 4236; Pub. L. 112–206, § 8, Dec. 7, 2012, 126 Stat. 1493.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 17615 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 2012—Subsec. (e)(1)(B)(i). Pub. L. 112–206 struck out “the volume of suspected criminal activity or other” before “indicators of seriousness”.