KIDS Act of 2008

Bill: 110-s-431
Sponsor: Sen. Schumer, Charles E. [D-NY]
Introduced: 2007-01-30 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Business records
Child sexual abuse
Civil Rights and Liberties, Minority Issues
Commerce
Computer crimes
Criminal justice information
Data banks
Directories
Electronic mail systems
Evidence (Law)
Families
Fines (Penalties)
Fraud
Government Operations and Politics
Government paperwork
Identification devices
Internet
Law
Liability (Law)
Right of privacy
Science, Technology, Communications
Sex offenders
Telecommunication industry
Web sites

Summary:
action_date: 2007-01-30
text: 
Keeping the Internet Devoid of Sexual Predators Act of 2007 or the KIDS Act of 2007 - Amends the Sex Offender Registration and Notification Act to require a convicted sex offender to: (1) provide for inclusion in the National Sex Offender Registry any electronic mail address, instant message address, or other similar identifier used to communicate over the Internet; and (2) keep such information current.
 
Requires jurisdictions that maintain information about sex offenders to exempt from public disclosure any electronic mail address, instant message address, or other similar Internet identifier used by a sex offender.
 
Requires the Attorney General to maintain a system to allow commercial social networking websites to compare their databases of users to the Internet identifiers of persons in the National Sex Offender Registry. Exempts such websites from civil liability if compliant with the requirements of this Act. 
 
Amends the federal criminal code to impose a fine and/or prison term: (1) of up to 10 years for failure by any sex offender to provide information required by this Act; and (2) of up to 20 years for age misrepresentation with the intent to use the Internet to engage in criminal sexual conduct with a minor. 

action_date: 2008-04-22
text: 
Keeping the Internet Devoid of Sexual Predators Act of 2007 or the KIDS Act of 2007 - (Sec. 2) Amends the Sex Offender Registration and Notification Act to require a convicted sex offender to: (1) provide for inclusion in the National Sex Offender Registry any electronic mail address, instant message address, or other designation such sex offender uses or will use for self-identification or routing in an Internet communication or posting (online identifiers); and (2) keep such information current.

Amends the federal criminal code to make it unlawful for any person who is required to register as a convicted sex offender to knowingly fail to provide online identifiers for inclusion in a sex offender registry. Imposes a fine and/or prison term of up to 10 years for violations.

Amends the Adam Walsh Child Protection and Safety Act of 2006 to expand the directive of the U.S. Sentencing Commission to promulgate sentencing guidelines for failure of a convicted sex offender to register in the National Sex Offender Registry to include failure to provide online identifiers.

(Sec. 3) Requires jurisdictions that maintain information about sex offenders to exempt from public disclosure any electronic mail address, instant message address, or other similar Internet identifier used by a sex offender.

Requires the Attorney General to maintain a system to allow commercial social networking websites to compare their databases of users to the Internet identifiers of persons in the National Sex Offender Registry, including for screening new users, for the purpose of protecting individuals from online sexual predators.

Prohibits the Attorney General from authorizing the release or dissemination of any Internet identifier contained in the National Sex Offender Registry except as explicitly provided for in this Act or for a necessary law enforcement purpose.

Exempts a commercial social networking website from civil claims in federal or state court arising from: (1) use of the National Sex Offender Registry unless such website engages in actual malice, intentional misconduct, or reckless disregard to a substantial risk of causing injury without legal justification; and (2) any decision not to compare its database with the online identifiers contained in the National Sex Offender Registry.

(Sec. 5) Imposes a fine and prison term of up to 20 years on any adults (age 18 or older) who knowingly misrepresent their age with the intent to use the Internet to engage in criminal sexual conduct with a minor who is at least four years younger.

(Sec. 6) Defines &quot;possess&quot; with respect to crimes of child sexual exploitation and child pornography to include accessing by computer visual depictions of child pornography with the intent to view. 

(Sec. 7) Expands the jurisdictional bases for prosecutions of child sexual exploitation and child pornography crimes to include activities occurring in, affecting, or using any means or facility of, interstate or foreign commerce.

action_date: 2008-05-20
text: 
Keeping the Internet Devoid of Sexual Predators Act of 2008 or the KIDS Act of 2008 - (Sec. 2) Amends the Sex Offender Registration and Notification Act to require a convicted sex offender to provide for inclusion in the National Sex Offender Registry any electronic mail address or other designation the sex offender uses or will use for self-identification or routing in Internet communication or posting (online identifiers). Grants the Attorney General authority to specify the time and manner for reporting of other changes in registration information, including additions or changes of online identifiers. 

Amends the federal criminal code to make it unlawful for any person who is required to register as a convicted sex offender to knowingly fail to provide online identifiers for inclusion in a sex offender registry. Imposes a fine and/or prison term of up to 10 years for violations.

Amends the Adam Walsh Child Protection and Safety Act of 2006 to expand the directive of the U.S. Sentencing Commission to promulgate sentencing guidelines for failure of a convicted sex offender to register in the National Sex Offender Registry to include failure to provide online identifiers.

(Sec. 3) Requires jurisdictions that maintain information about sex offenders to exempt from public disclosure any electronic mail address or designation used for self-identification or routing in Internet communication or posting.

Requires the Attorney General to maintain a system available to social networking websites that permits the automated comparison of online identifiers in such websites to information contained in or derived from sex offender registries for the purpose of protecting the safety of users of such websites. Allows the Attorney General to control the number of searches allowed to a social networking website and to deny, suspend, or terminate the use of such system by a website. 

Prohibits the Attorney General and social networking websites from releasing online identifiers to the public. 

Exempts a commercial social networking website from civil claims in federal or state court arising from: (1) use of the National Sex Offender Registry unless such website engages in actual malice, intentional misconduct, or reckless disregard to a substantial risk of causing injury without legal justification; and (2) any decision not to compare its database with the online identifiers contained in the National Sex Offender Registry.

(Sec. 5) Imposes a fine and prison term of up to 20 years for intentional misrepresentation of age using the Internet or the mail for the purpose of coercing or enticing individuals, including minors, to engage in prostitution or other illicit sexual behavior.

(Sec. 6) Defines &quot;possess&quot; with respect to crimes of child sexual exploitation and child pornography to include accessing by computer visual depictions of child pornography with the intent to view. 

(Sec. 7) Expands the jurisdictional bases for prosecutions of child sexual exploitation and child pornography crimes to include activities occurring in, affecting, or using any means or facility of, interstate or foreign commerce.

action_date: 2008-09-27
text: 
Keeping the Internet Devoid of Sexual Predators Act of 2008 or the KIDS Act of 2008 - Directs the Attorney General to: (1) require sex offenders to provide to the National Sex Offender Registry all Internet identifiers (i.e., email addresses and other designations used for self-identification or routing in Internet communication or posting) used by such offenders; (2) specify requirements for keeping Internet identifier information current; (3) exempt Internet identifiers provided by a sex offender from public disclosure; and (4) establish procedures to notify sex offenders of changes in requirements for providing Internet identifier information. 

Requires the Attorney General to establish and maintain a secure system to allow social networking websites to compare information contained in the National Sex Offender Registry with the Internet identifiers of users of their websites. Allows social networking websites to use such system to conduct searches as frequently as the Attorney General may allow. Authorizes the Attorney General to deny, suspend, or terminate use of the system by a social networking website for misuse.

Prohibits the Attorney General and social networking websites from releasing to the public any list of the Internet identifiers of sex offenders.

Exempts a social networking website from civil claims in federal or state court arising from: (1) use of the National Sex Offender Registry unless such website engages in actual malice, intentional misconduct, or reckless disregard to a substantial risk of causing injury without legal justification; and (2) any decision not to compare its database with the online identifiers contained in the National Sex Offender Registry.

Amends the Adam Walsh Child Protection and Safety Act of 2006 to revise the minimum standards, under a pilot program, for electronic monitoring of sex offenders to eliminate requirements that the tracking device: (1) contain cellular technology in a single unit; and (2) provide two- and three-way voice communication.

action_date: 2008-10-13
text: 

(This measure has not been amended since it was passed by the House on September 27, 2008. The summary of that version is repeated here.)

Keeping the Internet Devoid of Sexual Predators Act of 2008 or the KIDS Act of 2008 - Directs the Attorney General to: (1) require sex offenders to provide to the National Sex Offender Registry all Internet identifiers (i.e., email addresses and other designations used for self-identification or routing in Internet communication or posting) used by such offenders; (2) specify requirements for keeping Internet identifier information current; (3) exempt Internet identifiers provided by a sex offender from public disclosure; and (4) establish procedures to notify sex offenders of changes in requirements for providing Internet identifier information. 

Requires the Attorney General to establish and maintain a secure system to allow social networking websites to compare information contained in the National Sex Offender Registry with the Internet identifiers of users of their websites. Allows social networking websites to use such system to conduct searches as frequently as the Attorney General may allow. Authorizes the Attorney General to deny, suspend, or terminate use of the system by a social networking website for misuse.

Prohibits the Attorney General and social networking websites from releasing to the public any list of the Internet identifiers of sex offenders.

Exempts a social networking website from civil claims in federal or state court arising from: (1) use of the National Sex Offender Registry unless such website engages in actual malice, intentional misconduct, or reckless disregard to a substantial risk of causing injury without legal justification; and (2) any decision not to compare its database with the online identifiers contained in the National Sex Offender Registry.

Amends the Adam Walsh Child Protection and Safety Act of 2006 to revise the minimum standards, under a pilot program, for electronic monitoring of sex offenders to eliminate requirements that the tracking device: (1) contain cellular technology in a single unit; and (2) provide two- and three-way voice communication.


Legislative actions:
action_date: 2008-10-13
text: Became Public Law No: 110-400.
action_date: 2008-10-13
text: Became Public Law No: 110-400.
action_date: 2008-10-13
text: Signed by President.
action_date: 2008-10-13
text: Signed by President.
action_date: 2008-10-03
text: Presented to President.
action_date: 2008-10-03
text: Presented to President.
action_date: 2008-10-01
text: Message on Senate action sent to the House.
action_date: 2008-09-30
text: Cleared for White House.
action_date: 2008-09-30
text: Senate agreed to the House amendment by Unanimous Consent. (consideration: CR S10182-10183; text as Senate agreed to House amendment: CR S10182-10183)
action_date: 2008-09-30
text: Resolving differences -- Senate actions: Senate agreed to the House amendment by Unanimous Consent.(consideration: CR S10182-10183; text as Senate agreed to House amendment: CR S10182-10183)
action_date: 2008-09-29
text: Message on House action received in Senate and at desk: House amendment to Senate bill.
action_date: 2008-09-27
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-09-27
text: On passage Passed without objection.
action_date: 2008-09-27
text: Passed/agreed to in House: On passage Passed without objection.
action_date: 2008-09-27
text: Considered by unanimous consent. (consideration: CR H10238-10241)
action_date: 2008-09-27
text: Mr. Conyers asked unanimous consent to take from the Speaker's table and consider.
action_date: 2008-05-21
text: Held at the desk.
action_date: 2008-05-21
text: Message on Senate action sent to the House.
action_date: 2008-05-21
text: Received in the House.
action_date: 2008-05-20
text: Passed Senate with amendments by Unanimous Consent. (text: CR S4553-4554)
action_date: 2008-05-20
text: Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.(text: CR S4553-4554)
action_date: 2008-05-20
text: Measure laid before Senate by unanimous consent. (consideration: CR S4549-4554; text of measure as reported in Senate: CR S4549-4551)
action_date: 2008-04-28
text: By Senator Leahy from Committee on the Judiciary filed written report. Report No. 110-332.
action_date: 2008-04-28
text: By Senator Leahy from Committee on the Judiciary filed written report. Report No. 110-332.
action_date: 2008-04-22
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 706.
action_date: 2008-04-22
text: Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report.
action_date: 2008-04-22
text: Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report.
action_date: 2007-12-13
text: Committee on the Judiciary. Ordered to be reported with amendments favorably.
action_date: 2007-01-30
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2007-01-30
text: Introduced in Senate

Enacted as: number: 110-400