PROTECT Our Children Act of 2008
PL 110-401 (S.1738), enacted 10/13/2008

122 STAT. 4229 
PUBLIC LAW 110–401—OCT. 13, 2008 
Public Law 110–401 
110th Congress 
An Act 
To require the Department of Justice to develop and implement a National Strategy 
Child Exploitation Prevention and Interdiction, to improve the Internet Crimes 
Against Children Task Force, to increase resources for regional computer forensic 
labs, and to make other improvements to increase the ability of law enforcement 
agencies to investigate and prosecute child predators. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Providing 
Resources, Officers, and Technology To Eradicate Cyber Threats 
to Our Children Act of 2008’’ or the ‘‘PROTECT Our Children 
Act of 2008’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—NATIONAL STRATEGY FOR CHILD EXPLOITATION PREVENTION 
AND INTERDICTION 
Sec. 101. Establishment of National Strategy for Child Exploitation Prevention and 
Interdiction. 
Sec. 102. Establishment of National ICAC Task Force Program. 
Sec. 103. Purpose of ICAC task forces. 
Sec. 104. Duties and functions of task forces. 
Sec. 105. National Internet Crimes Against Children Data System. 
Sec. 106. ICAC grant program. 
Sec. 107. Authorization of appropriations. 
TITLE II—ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION 
Sec. 201. Additional regional computer forensic labs. 
TITLE III—EFFECTIVE CHILD PORNOGRAPHY PROSECUTION 
Sec. 301. Prohibit the broadcast of live images of child abuse. 
Sec. 302. Amendment to section 2256 of title 18, United States Code. 
Sec. 303. Amendment to section 2260 of title 18, United States Code. 
Sec. 304. Prohibiting the adaptation or modification of an image of an identifiable 
minor to produce child pornography. 
TITLE IV—NATIONAL INSTITUTE OF JUSTICE STUDY OF RISK FACTORS 
Sec. 401. NIJ study of risk factors for assessing dangerousness. 
TITLE V—SECURING ADOLESCENTS FROM ONLINE EXPLOITATION 
Sec. 501. Reporting requirements of electronic communication service providers and 
remote computing service providers. 
Sec. 502. Reports. 
Sec. 503. Severability. 
SEC. 2. DEFINITIONS. 
In this Act, the following definitions shall apply: 
42 USC 17601. 
42 USC 17601 
note. 
Providing 
Resources, 
Officers, and 
Technology To 
Eradicate Cyber 
Threats to Our 
Children Act of 
2008. 
Oct. 13, 2008 
[S. 1738] 
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122 STAT. 4230 
PUBLIC LAW 110–401—OCT. 13, 2008 
(1) CHILD
EXPLOITATION.—The term ‘‘child exploitation’’ 
means any conduct, attempted conduct, or conspiracy to engage 
in conduct involving a minor that violates section 1591, chapter 
109A, chapter 110, and chapter 117 of title 18, United States 
Code, or any sexual activity involving a minor for which any 
person can be charged with a criminal offense. 
(2) CHILD OBSCENITY.—The term ‘‘child obscenity’’ means 
any visual depiction proscribed by section 1466A of title 18, 
United States Code. 
(3) MINOR.—The term ‘‘minor’’ means any person under 
the age of 18 years. 
(4) SEXUALLY
EXPLICIT
CONDUCT.—The term ‘‘sexually 
explicit conduct’’ has the meaning given such term in section 
2256 of title 18, United States Code. 
TITLE 
I—NATIONAL 
STRATEGY 
FOR 
CHILD EXPLOITATION PREVENTION 
AND INTERDICTION 
SEC. 101. ESTABLISHMENT OF NATIONAL STRATEGY FOR CHILD 
EXPLOITATION PREVENTION AND INTERDICTION. 
(a) IN GENERAL.—The Attorney General of the United States 
shall create and implement a National Strategy for Child Exploi-
tation Prevention and Interdiction. 
(b) TIMING.—Not later than 1 year after the date of enactment 
of this Act and on February 1 of every second year thereafter, 
the Attorney General shall submit to Congress the National 
Strategy established under subsection (a). 
(c) REQUIRED CONTENTS OF NATIONAL STRATEGY.—The National 
Strategy established under subsection (a) shall include the fol-
lowing: 
(1) Comprehensive long-range, goals for reducing child 
exploitation. 
(2) Annual measurable objectives and specific targets to 
accomplish long-term, quantifiable goals that the Attorney Gen-
eral determines may be achieved during each year beginning 
on the date when the National Strategy is submitted. 
(3) Annual budget priorities and Federal efforts dedicated 
to combating child exploitation, including resources dedicated 
to Internet Crimes Against Children task forces, Project Safe 
Childhood, FBI Innocent Images Initiative, the National Center 
for Missing and Exploited Children, regional forensic computer 
labs, Internet Safety programs, and all other entities whose 
goal or mission is to combat the exploitation of children that 
receive Federal support. 
(4) A 5-year projection for program and budget goals and 
priorities. 
(5) A review of the policies and work of the Department 
of Justice related to the prevention and investigation of child 
exploitation crimes, including efforts at the Office of Justice 
Programs, the Criminal Division of the Department of Justice, 
the Executive Office of United States Attorneys, the Federal 
Bureau of Investigation, the Office of the Attorney General, 
the Office of the Deputy Attorney General, the Office of Legal 
Deadlines. 
42 USC 17611. 
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122 STAT. 4231 
PUBLIC LAW 110–401—OCT. 13, 2008 
Policy, and any other agency or bureau of the Department 
of Justice whose activities relate to child exploitation. 
(6) A description of the Department’s efforts to coordinate 
with international, State, local, tribal law enforcement, and 
private sector entities on child exploitation prevention and 
interdiction efforts. 
(7) Plans for interagency coordination regarding the preven-
tion, investigation, and apprehension of individuals exploiting 
children, including cooperation and collaboration with— 
(A) Immigration and Customs Enforcement; 
(B) the United States Postal Inspection Service; 
(C) the Department of State; 
(D) the Department of Commerce; 
(E) the Department of Education; 
(F) the Department of Health and Human Services; 
and 
(G) other appropriate Federal agencies. 
(8) A review of the Internet Crimes Against Children Task 
Force Program, including— 
(A) the number of ICAC task forces and location of 
each ICAC task force; 
(B) the number of trained personnel at each ICAC 
task force; 
(C) the amount of Federal grants awarded to each 
ICAC task force; 
(D) an assessment of the Federal, State, and local 
cooperation in each task force, including— 
(i) the number of arrests made by each task force; 
(ii) the number of criminal referrals to United 
States attorneys for prosecution; 
(iii) the number of prosecutions and convictions 
from the referrals made under clause (ii); 
(iv) the number, if available, of local prosecutions 
and convictions based on ICAC task force investiga-
tions; and 
(v) any other information demonstrating the level 
of Federal, State, and local coordination and coopera-
tion, as such information is to be determined by the 
Attorney General; 
(E) an assessment of the training opportunities and 
technical assistance available to support ICAC task force 
grantees; and 
(F) an assessment of the success of the Internet Crimes 
Against Children Task Force Program at leveraging State 
and local resources and matching funds. 
(9) An assessment of the technical assistance and support 
available for Federal, State, local, and tribal law enforcement 
agencies, in the prevention, investigation, and prosecution of 
child exploitation crimes. 
(10) A review of the backlog of forensic analysis for child 
exploitation cases at each FBI Regional Forensic lab and an 
estimate of the backlog at State and local labs. 
(11) Plans for reducing the forensic backlog described in 
paragraph (10), if any, at Federal, State and local forensic 
labs. 
(12) A review of the Federal programs related to child 
exploitation prevention and education, including those related 
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122 STAT. 4232 
PUBLIC LAW 110–401—OCT. 13, 2008 
to Internet safety, including efforts by the private sector and 
nonprofit entities, or any other initiatives, that have proven 
successful in promoting child safety and Internet safety. 
(13) An assessment of the future trends, challenges, and 
opportunities, including new technologies, that will impact Fed-
eral, State, local, and tribal efforts to combat child exploitation. 
(14) Plans for liaisons with the judicial branches of the 
Federal and State governments on matters relating to child 
exploitation. 
(15) An assessment of Federal investigative and prosecution 
activity relating to reported incidents of child exploitation 
crimes, which shall include a number of factors, including— 
(A) the number of high-priority suspects (identified 
because of the volume of suspected criminal activity or 
because of the danger to the community or a potential 
victim) who were investigated and prosecuted; 
(B) the number of investigations, arrests, prosecutions 
and convictions for a crime of child exploitation; and 
(C) the average sentence imposed and statutory max-
imum for each crime of child exploitation. 
(16) A review of all available statistical data indicating 
the overall magnitude of child pornography trafficking in the 
United States and internationally, including— 
(A) the number of computers or computer users, foreign 
and domestic, observed engaging in, or suspected by law 
enforcement agencies and other sources of engaging in, 
peer-to-peer file sharing of child pornography; 
(B) the number of computers or computer users, foreign 
and domestic, observed engaging in, or suspected by law 
enforcement agencies and other reporting sources of 
engaging in, buying and selling, or other commercial 
activity related to child pornography; 
(C) the number of computers or computer users, foreign 
and domestic, observed engaging in, or suspected by law 
enforcement agencies and other sources of engaging in, 
all other forms of activity related to child pornography; 
(D) the number of tips or other statistical data from 
the National Center for Missing and Exploited Children’s 
CyberTipline and other data indicating the magnitude of 
child pornography trafficking; and 
(E) any other statistical data indicating the type, 
nature, and extent of child exploitation crime in the United 
States and abroad. 
(17) Copies of recent relevant research and studies related 
to child exploitation, including— 
(A) studies related to the link between possession or 
trafficking of child pornography and actual abuse of a 
child; 
(B) studies related to establishing a link between the 
types of files being viewed or shared and the type of illegal 
activity; and 
(C) any other research, studies, and available informa-
tion related to child exploitation. 
(18) A review of the extent of cooperation, coordination, 
and mutual support between private sector and other entities 
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122 STAT. 4233 
PUBLIC LAW 110–401—OCT. 13, 2008 
and organizations and Federal agencies, including the involve-
ment of States, local and tribal government agencies to the 
extent Federal programs are involved. 
(19) The results of the Project Safe Childhood Conference 
or other conferences or meetings convened by the Department 
of Justice related to combating child exploitation. 
(d) APPOINTMENT OF HIGH-LEVEL OFFICIAL.— 
(1) IN
GENERAL.—The Attorney General shall designate 
a senior official at the Department of Justice to be responsible 
for coordinating the development of the National Strategy 
established under subsection (a). 
(2) DUTIES.—The duties of the official designated under 
paragraph (1) shall include— 
(A) acting as a liaison with all Federal agencies 
regarding the development of the National Strategy; 
(B) working to ensure that there is proper coordination 
among agencies in developing the National Strategy; 
(C) being knowledgeable about budget priorities and 
familiar with all efforts within the Department of Justice 
and the FBI related to child exploitation prevention and 
interdiction; and 
(D) communicating the National Strategy to Congress 
and being available to answer questions related to the 
strategy at congressional hearings, if requested by commit-
tees of appropriate jurisdictions, on the contents of the 
National Strategy and progress of the Department of Jus-
tice in implementing the National Strategy. 
SEC. 102. ESTABLISHMENT OF NATIONAL ICAC TASK FORCE PROGRAM. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established within the Depart-
ment of Justice, under the general authority of the Attorney 
General, a National Internet Crimes Against Children Task 
Force Program (hereinafter in this title referred to as the 
‘‘ICAC Task Force Program’’), which shall consist of a national 
program of State and local law enforcement task forces dedi-
cated to developing effective responses to online enticement 
of children by sexual predators, child exploitation, and child 
obscenity and pornography cases. 
(2) INTENT OF CONGRESS.—It is the purpose and intent 
of Congress that the ICAC Task Force Program established 
under paragraph (1) is intended to continue the ICAC Task 
Force Program authorized under title I of the Departments 
of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1998, and funded under title IV 
of the Juvenile Justice and Delinquency Prevention Act of 
1974. 
(b) NATIONAL PROGRAM.— 
(1) STATE REPRESENTATION.—The ICAC Task Force Pro-
gram established under subsection (a) shall include at least 
1 ICAC task force in each State. 
(2) CAPACITY
AND
CONTINUITY
OF
INVESTIGATIONS.—In 
order to maintain established capacity and continuity of inves-
tigations and prosecutions of child exploitation cases, the 
Attorney General, shall, in establishing the ICAC Task Force 
Program under subsection (a) consult with and consider all 
59 task forces in existence on the date of enactment of this 
Consultation. 
42 USC 17612. 
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122 STAT. 4234 
PUBLIC LAW 110–401—OCT. 13, 2008 
Act. The Attorney General shall include all existing ICAC task 
forces in the ICAC Task Force Program, unless the Attorney 
General makes a determination that an existing ICAC does 
not have a proven track record of success. 
(3) ONGOING REVIEW.—The Attorney General shall— 
(A) conduct periodic reviews of the effectiveness of 
each ICAC task force established under this section; and 
(B) have the discretion to establish a new task force 
if the Attorney General determines that such decision will 
enhance the effectiveness of combating child exploitation 
provided that the Attorney General notifies Congress in 
advance of any such decision and that each state maintains 
at least 1 ICAC task force at all times. 
(4) TRAINING.— 
(A) IN GENERAL.—The Attorney General may establish 
national training programs to support the mission of the 
ICAC task forces, including the effective use of the National 
Internet Crimes Against Children Data System. 
(B) LIMITATION.—In establishing training courses 
under this paragraph, the Attorney General may not award 
any one entity other than a law enforcement agency more 
than $2,000,000 annually to establish and conduct training 
courses for ICAC task force members and other law enforce-
ment officials. 
(C) REVIEW.—The Attorney General shall— 
(i) conduct periodic reviews of the effectiveness 
of each training session authorized by this paragraph; 
and 
(ii) consider outside reports related to the effective 
use of Federal funding in making future grant awards 
for training. 
SEC. 103. PURPOSE OF ICAC TASK FORCES. 
The ICAC Task Force Program, and each State or local ICAC 
task force that is part of the national program of task forces, 
shall be dedicated toward— 
(1) increasing the investigative capabilities of State and 
local law enforcement officers in the detection, investigation, 
and apprehension of Internet crimes against children offenses 
or offenders, including technology-facilitated child exploitation 
offenses; 
(2) conducting proactive and reactive Internet crimes 
against children investigations; 
(3) providing training and technical assistance to ICAC 
task forces and other Federal, State, and local law enforcement 
agencies in the areas of investigations, forensics, prosecution, 
community outreach, and capacity-building, using recognized 
experts to assist in the development and delivery of training 
programs; 
(4) increasing the number of Internet crimes against chil-
dren offenses being investigated and prosecuted in both Federal 
and State courts; 
(5) creating a multiagency task force response to Internet 
crimes against children offenses within each State; 
(6) participating in the Department of Justice’s Project 
Safe Childhood initiative, the purpose of which is to combat 
42 USC 17613. 
Notification. 
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122 STAT. 4235 
PUBLIC LAW 110–401—OCT. 13, 2008 
technology-facilitated sexual exploitation crimes against chil-
dren; 
(7) enhancing nationwide responses to Internet crimes 
against children offenses, including assisting other ICAC task 
forces, as well as other Federal, State, and local agencies with 
Internet crimes against children investigations and prosecu-
tions; 
(8) developing and delivering Internet crimes against chil-
dren public awareness and prevention programs; and 
(9) participating in such other activities, both proactive 
and reactive, that will enhance investigations and prosecutions 
of Internet crimes against children. 
SEC. 104. DUTIES AND FUNCTIONS OF TASK FORCES. 
Each State or local ICAC task force that is part of the national 
program of task forces shall— 
(1) consist of State and local investigators, prosecutors, 
forensic specialists, and education specialists who are dedicated 
to addressing the goals of such task force; 
(2) work consistently toward achieving the purposes 
described in section 103; 
(3) engage in proactive investigations, forensic examina-
tions, and effective prosecutions of Internet crimes against chil-
dren; 
(4) provide forensic, preventive, and investigative assist-
ance to parents, educators, prosecutors, law enforcement, and 
others concerned with Internet crimes against children; 
(5) develop multijurisdictional, multiagency responses and 
partnerships to Internet crimes against children offenses 
through ongoing informational, administrative, and techno-
logical support to other State and local law enforcement agen-
cies, as a means for such agencies to acquire the necessary 
knowledge, personnel, and specialized equipment to investigate 
and prosecute such offenses; 
(6) participate in nationally coordinated investigations in 
any case in which the Attorney General determines such partici-
pation to be necessary, as permitted by the available resources 
of such task force; 
(7) establish or adopt investigative and prosecution stand-
ards, consistent with established norms, to which such task 
force shall comply; 
(8) investigate, and seek prosecution on, tips related to 
Internet crimes against children, including tips from Operation 
Fairplay, the National Internet Crimes Against Children Data 
System established in section 105, the National Center for 
Missing and Exploited Children’s CyberTipline, ICAC task 
forces, and other Federal, State, and local agencies, with pri-
ority being given to investigative leads that indicate the possi-
bility of identifying or rescuing child victims, including inves-
tigative leads that indicate a likelihood of seriousness of offense 
or dangerousness to the community; 
(9) develop procedures for handling seized evidence; 
(10) maintain— 
(A) such reports and records as are required under 
this title; and 
(B) such other reports and records as determined by 
the Attorney General; and 
Reports. 
Records. 
Procedures. 
Standards. 
42 USC 17614. 
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122 STAT. 4236 
PUBLIC LAW 110–401—OCT. 13, 2008 
(11) seek to comply with national standards regarding the 
investigation and prosecution of Internet crimes against chil-
dren, as set forth by the Attorney General, to the extent such 
standards are consistent with the law of the State where the 
task force is located. 
SEC. 105. NATIONAL INTERNET CRIMES AGAINST CHILDREN DATA 
SYSTEM. 
(a) IN GENERAL.—The Attorney General shall establish, con-
sistent 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 investiga-
tions 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 
102; 
(3) State, local, and tribal agencies investigating and pros-
ecuting child exploitation; and 
(4) foreign or international law enforcement agencies, sub-
ject to approval by the Attorney General. 
(d) CYBER SAFE DECONFLICTION AND INFORMATION SHARING.— 
The National Internet Crimes Against Children Data System estab-
lished 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 sub-
section (c); and 
(3) shall— 
(A) allow Federal, State, local, and tribal agencies and 
ICAC task forces investigating and prosecuting child exploi-
tation 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 under-
cover 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 
42 USC 17615. 
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122 STAT. 4237 
PUBLIC LAW 110–401—OCT. 13, 2008 
(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 enforce-
ment agencies. 
(B) HIGH-PRIORITY SUSPECTS.—Every 30 days, at min-
imum, the National Internet Crimes Against Children Data 
System shall— 
(i) identify high-priority suspects, as such suspects 
are determined by the volume of suspected criminal 
activity or other 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 101(c)(16). 
(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 agen-
cies 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 
Guidelines. 
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122 STAT. 4238 
PUBLIC LAW 110–401—OCT. 13, 2008 
(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 estab-
lish 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 develop-
ment 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 preven-
tion, 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. 
SEC. 106. ICAC GRANT PROGRAM. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The Attorney General is authorized to 
award grants to State and local ICAC task forces to assist 
in carrying out the duties and functions described under section 
104. 
(2) FORMULA GRANTS.— 
(A) DEVELOPMENT OF FORMULA.—At least 75 percent 
of the total funds appropriated to carry out this section 
shall be available to award or otherwise distribute grants 
pursuant to a funding formula established by the Attorney 
General in accordance with the requirements in subpara-
graph (B). 
(B) FORMULA
REQUIREMENTS.—Any formula estab-
lished by the Attorney General under subparagraph (A) 
shall— 
(i) ensure that each State or local ICAC task force 
shall, at a minimum, receive an amount equal to 0.5 
percent of the funds available to award or otherwise 
distribute grants under subparagraph (A); and 
(ii) take into consideration the following factors: 
42 USC 17616. 
Establishment. 
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122 STAT. 4239 
PUBLIC LAW 110–401—OCT. 13, 2008 
(I) The population of each State, as determined 
by the most recent decennial census performed 
by the Bureau of the Census. 
(II) The number of investigative leads within 
the applicant’s jurisdiction generated by Operation 
Fairplay, 
the 
ICAC 
Data 
Network, 
the 
CyberTipline, and other sources. 
(III) The number of criminal cases related to 
Internet crimes against children referred to a task 
force for Federal, State, or local prosecution. 
(IV) The number of successful prosecutions of 
child exploitation cases by a task force. 
(V) The amount of training, technical assist-
ance, and public education or outreach by a task 
force related to the prevention, investigation, or 
prosecution of child exploitation offenses. 
(VI) Such other criteria as the Attorney Gen-
eral determines demonstrate the level of need for 
additional resources by a task force. 
(3) DISTRIBUTION OF REMAINING FUNDS BASED ON NEED.— 
(A) IN GENERAL.—Any funds remaining from the total 
funds appropriated to carry out this section after funds 
have been made available to award or otherwise distribute 
formula grants under paragraph (2)(A) shall be distributed 
to State and local ICAC task forces based upon need, 
as set forth by criteria established by the Attorney General. 
Such criteria shall include the factors under paragraph 
(2)(B)(ii). 
(B) MATCHING REQUIREMENT.—A State or local ICAC 
task force shall contribute matching non-Federal funds in 
an amount equal to not less than 25 percent of the amount 
of funds received by the State or local ICAC task force 
under subparagraph (A). A State or local ICAC task force 
that is not able or willing to contribute matching funds 
in accordance with this subparagraph shall not be eligible 
for funds under subparagraph (A). 
(C) WAIVER.—The Attorney General may waive, in 
whole or in part, the matching requirement under subpara-
graph (B) if the State or local ICAC task force demonstrates 
good cause or financial hardship. 
(b) APPLICATION.— 
(1) IN
GENERAL.—Each State or local ICAC task force 
seeking a grant under this section shall submit an application 
to the Attorney General at such time, in such manner, and 
accompanied by such information as the Attorney General may 
reasonably require. 
(2) CONTENTS.—Each application submitted pursuant to 
paragraph (1) shall— 
(A) describe the activities for which assistance under 
this section is sought; and 
(B) provide such additional assurances as the Attorney 
General determines to be essential to ensure compliance 
with the requirements of this title. 
(c) ALLOWABLE USES.—Grants awarded under this section may 
be used to— 
(1) hire personnel, investigators, prosecutors, education 
specialists, and forensic specialists; 
Criteria. 
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122 STAT. 4240 
PUBLIC LAW 110–401—OCT. 13, 2008 
(2) establish and support forensic laboratories utilized in 
Internet crimes against children investigations; 
(3) support investigations and prosecutions of Internet 
crimes against children; 
(4) conduct and assist with education programs to help 
children and parents protect themselves from Internet preda-
tors; 
(5) conduct and attend training sessions related to success-
ful investigations and prosecutions of Internet crimes against 
children; and 
(6) fund any other activities directly related to preventing, 
investigating, or prosecuting Internet crimes against children. 
(d) REPORTING REQUIREMENTS.— 
(1) ICAC REPORTS.—To measure the results of the activities 
funded by grants under this section, and to assist the Attorney 
General in complying with the Government Performance and 
Results Act (Public Law 103–62; 107 Stat. 285), each State 
or local ICAC task force receiving a grant under this section 
shall, on an annual basis, submit a report to the Attorney 
General that sets forth the following: 
(A) Staffing levels of the task force, including the 
number of investigators, prosecutors, education specialists, 
and forensic specialists dedicated to investigating and pros-
ecuting Internet crimes against children. 
(B) Investigation and prosecution performance meas-
ures of the task force, including— 
(i) the number of investigations initiated related 
to Internet crimes against children; 
(ii) the number of arrests related to Internet crimes 
against children; and 
(iii) the number of prosecutions for Internet crimes 
against children, including— 
(I) whether the prosecution resulted in a 
conviction for such crime; and 
(II) the sentence and the statutory maximum 
for such crime under State law. 
(C) The number of referrals made by the task force 
to the United States Attorneys office, including whether 
the referral was accepted by the United States Attorney. 
(D) Statistics that account for the disposition of inves-
tigations that do not result in arrests or prosecutions, 
such as referrals to other law enforcement. 
(E) The number of investigative technical assistance 
sessions that the task force provided to nonmember law 
enforcement agencies. 
(F) The number of computer forensic examinations that 
the task force completed. 
(G) The number of law enforcement agencies partici-
pating in Internet crimes against children program stand-
ards established by the task force. 
(2) REPORT
TO
CONGRESS.—Not later than 1 year after 
the date of enactment of this Act, the Attorney General shall 
submit a report to Congress on— 
(A) the progress of the development of the ICAC Task 
Force Program established under section 102; and 
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122 STAT. 4241 
PUBLIC LAW 110–401—OCT. 13, 2008 
(B) the number of Federal and State investigations, 
prosecutions, and convictions in the prior 12-month period 
related to child exploitation. 
SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appropriated to 
carry out this title— 
(1) $60,000,000 for fiscal year 2009; 
(2) $60,000,000 for fiscal year 2010; 
(3) $60,000,000 for fiscal year 2011; 
(4) $60,000,000 for fiscal year 2012; and 
(5) $60,000,000 for fiscal year 2013. 
(b) AVAILABILITY.—Funds appropriated under subsection (a) 
shall remain available until expended. 
TITLE II—ADDITIONAL MEASURES TO 
COMBAT CHILD EXPLOITATION 
SEC. 201. ADDITIONAL REGIONAL COMPUTER FORENSIC LABS. 
(a) ADDITIONAL RESOURCES.—The Attorney General shall estab-
lish additional computer forensic capacity to address the current 
backlog for computer forensics, including for child exploitation inves-
tigations. The Attorney General may utilize funds under this title 
to increase capacity at existing regional forensic laboratories or 
to add laboratories under the Regional Computer Forensic Labora-
tories Program operated by the Federal Bureau of Investigation. 
(b) PURPOSE
OF NEW RESOURCES.—The additional forensic 
capacity established by resources provided under this section shall 
be dedicated to assist Federal agencies, State and local Internet 
Crimes Against Children task forces, and other Federal, State, 
and local law enforcement agencies in preventing, investigating, 
and prosecuting Internet crimes against children. 
(c) NEW COMPUTER FORENSIC LABS.—If the Attorney General 
determines that new regional computer forensic laboratories are 
required under subsection (a) to best address existing backlogs, 
such new laboratories shall be established pursuant to subsection 
(d). 
(d) LOCATION OF NEW LABS.—The location of any new regional 
computer forensic laboratories under this section shall be deter-
mined by the Attorney General, in consultation with the Director 
of the Federal Bureau of Investigation, the Regional Computer 
Forensic Laboratory National Steering Committee, and other rel-
evant stakeholders. 
(e) REPORT.—Not later than 1 year after the date of enactment 
of this Act, and every year thereafter, the Attorney General shall 
submit a report to the Congress on how the funds appropriated 
under this section were utilized. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated for fiscal years 2009 through 2013, $2,000,000 
to carry out the provisions of this section. 
42 USC 17631. 
42 USC 17617. 
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122 STAT. 4242 
PUBLIC LAW 110–401—OCT. 13, 2008 
TITLE III—EFFECTIVE CHILD 
PORNOGRAPHY PROSECUTION 
SEC. 301. PROHIBIT THE BROADCAST OF LIVE IMAGES OF CHILD 
ABUSE. 
Section 2251 of title 18, United States Code is amended— 
(1) in subsection (a), by— 
(A) inserting ‘‘or for the purpose of transmitting a 
live visual depiction of such conduct’’ after ‘‘for the purpose 
of producing any visual depiction of such conduct’’; 
(B) inserting ‘‘or transmitted’’ after ‘‘if such person 
knows or has reason to know that such visual depiction 
will be transported’’; 
(C) inserting ‘‘or transmitted’’ after ‘‘if that visual depic-
tion was produced’’; and 
(D) inserting ‘‘or transmitted’’ after ‘‘has actually been 
transported’’; and 
(2) in subsection (b), by— 
(A) inserting ‘‘or for the purpose of transmitting a 
live visual depiction of such conduct’’ after ‘‘for the purpose 
of producing any visual depiction of such conduct’’; 
(B) inserting ‘‘or transmitted’’ after ‘‘person knows or 
has reason to know that such visual depiction will be 
transported’’; 
(C) inserting ‘‘or transmitted’’ after ‘‘if that visual depic-
tion was produced’’; and 
(D) inserting ‘‘or transmitted’’ after ‘‘has actually been 
transported’’. 
SEC. 302. AMENDMENT TO SECTION 2256 OF TITLE 18, UNITED STATES 
CODE. 
Section 2256(5) of title 18, United States Code is amended 
by— 
(1) striking ‘‘and’’ before ‘‘data’’; 
(2) after ‘‘visual image’’ by inserting ‘‘, and data which 
is capable of conversion into a visual image that has been 
transmitted by any means, whether or not stored in a perma-
nent format’’. 
SEC. 303. AMENDMENT TO SECTION 2260 OF TITLE 18, UNITED STATES 
CODE. 
Section 2260(a) of title 18, United States Code, is amended 
by— 
(1) inserting ‘‘or for the purpose of transmitting a live 
visual depiction of such conduct’’ after ‘‘for the purpose of 
producing any visual depiction of such conduct’’; and 
(2) inserting ‘‘or transmitted’’ after ‘‘imported’’. 
SEC. 304. PROHIBITING THE ADAPTATION OR MODIFICATION OF AN 
IMAGE OF AN IDENTIFIABLE MINOR TO PRODUCE CHILD 
PORNOGRAPHY. 
(a) OFFENSE.—Subsection (a) of section 2252A of title 18, United 
States Code, is amended— 
(1) in paragraph (5), by striking ‘‘; or’’ at the end and 
inserting a semicolon; 
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122 STAT. 4243 
PUBLIC LAW 110–401—OCT. 13, 2008 
(2) in paragraph (6), by striking the period at the end 
and inserting ‘‘; or’’; and 
(3) by inserting after paragraph (6) the following: 
‘‘(7) knowingly produces with intent to distribute, or distrib-
utes, by any means, including a computer, in or affecting inter-
state or foreign commerce, child pornography that is an adapted 
or modified depiction of an identifiable minor.’’. 
(b) PUNISHMENT.—Subsection (b) of section 2252A of title 18, 
United States Code, is amended by adding at the end the following: 
‘‘(3) Whoever violates, or attempts or conspires to violate, 
subsection (a)(7) shall be fined under this title or imprisoned 
not more than 15 years, or both.’’. 
TITLE IV—NATIONAL INSTITUTE OF 
JUSTICE STUDY OF RISK FACTORS 
SEC. 401. NIJ STUDY OF RISK FACTORS FOR ASSESSING DANGEROUS-
NESS. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the National Institute of Justice shall prepare 
a report to identify investigative factors that reliably indicate 
whether a subject of an online child exploitation investigation poses 
a high risk of harm to children. Such a report shall be prepared 
in consultation and coordination with Federal law enforcement 
agencies, the National Center for Missing and Exploited Children, 
Operation Fairplay at the Wyoming Attorney General’s Office, the 
Internet Crimes Against Children Task Force, and other State 
and local law enforcement. 
(b) CONTENTS OF ANALYSIS.—The report required by subsection 
(a) shall include a thorough analysis of potential investigative fac-
tors in on-line child exploitation cases and an appropriate examina-
tion of investigative data from prior prosecutions and case files 
of identified child victims. 
(c) REPORT TO CONGRESS.—Not later than 1 year after the 
date of enactment of this Act, the National Institute of Justice 
shall submit a report to the House and Senate Judiciary Committees 
that includes the findings of the study required by this section 
and makes recommendations on technological tools and law enforce-
ment procedures to help investigators prioritize scarce resources 
to those cases where there is actual hands-on abuse by the suspect. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated $500,000 to the National Institute of Justice 
to conduct the study required under this section. 
TITLE V—SECURING ADOLESCENTS 
FROM ONLINE EXPLOITATION 
SEC. 501. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICA-
TION SERVICE PROVIDERS AND REMOTE COMPUTING 
SERVICE PROVIDERS. 
(a) IN GENERAL.—Chapter 110 of title 18, United States Code, 
is amended by inserting after section 2258 the following: 
Deadline. 
Reports. 
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122 STAT. 4244 
PUBLIC LAW 110–401—OCT. 13, 2008 
‘‘SEC. 2258A. REPORTING REQUIREMENTS OF ELECTRONIC COMMU-
NICATION SERVICE PROVIDERS AND REMOTE COM-
PUTING 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 facility or means of interstate 
or foreign commerce, obtains actual knowledge of any facts 
or circumstances described in paragraph (2) shall, as soon as 
reasonably possible— 
‘‘(A) provide to the CyberTipline of the National Center 
for Missing and Exploited Children, or any successor to 
the CyberTipline operated by such center, the mailing 
address, telephone number, facsimile number, electronic 
mail address of, and individual point of contact for, such 
electronic communication service provider or remote com-
puting service provider; and 
‘‘(B) make a report of such facts or circumstances to 
the CyberTipline, or any successor to the CyberTipline 
operated by such center. 
‘‘(2) FACTS OR CIRCUMSTANCES.—The facts or circumstances 
described in this paragraph are any facts or circumstances 
from which there is an apparent violation of— 
‘‘(A) section 2251, 2251A, 2252, 2252A, 2252B, or 2260 
that involves child pornography; or 
‘‘(B) section 1466A. 
‘‘(b) CONTENTS OF REPORT.—To the extent the information is 
within the custody or control of an electronic communication service 
provider or a remote computing service provider, the facts and 
circumstances included in each report under subsection (a)(1) may 
include the following information: 
‘‘(1) INFORMATION
ABOUT
THE
INVOLVED
INDIVIDUAL.— 
Information relating to the identity of any individual who 
appears to have violated a Federal law described in subsection 
(a)(2), which may, to the extent reasonably practicable, include 
the electronic mail address, Internet Protocol address, uniform 
resource locator, or any other identifying information, including 
self-reported identifying information. 
‘‘(2) HISTORICAL REFERENCE.—Information relating to when 
and how a customer or subscriber of an electronic communica-
tion service or a remote computing service uploaded, trans-
mitted, or received apparent child pornography or when and 
how apparent child pornography was reported to, or discovered 
by the electronic communication service provider or remote 
computing service provider, including a date and time stamp 
and time zone. 
‘‘(3) GEOGRAPHIC LOCATION INFORMATION.— 
‘‘(A) 
IN
GENERAL.—Information 
relating 
to 
the 
geographic location of the involved individual or website, 
which may include the Internet Protocol address or verified 
billing address, or, if not reasonably available, at least 
1 form of geographic identifying information, including area 
code or zip code. 
‘‘(B) 
INCLUSION.—The 
information 
described 
in 
subparagraph (A) may also include any geographic informa-
tion provided to the electronic communication service or 
remote computing service by the customer or subscriber. 
18 USC 2258A. 
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122 STAT. 4245 
PUBLIC LAW 110–401—OCT. 13, 2008 
‘‘(4) IMAGES OF APPARENT CHILD PORNOGRAPHY.—Any image 
of apparent child pornography relating to the incident such 
report is regarding. 
‘‘(5) COMPLETE
COMMUNICATION.—The complete commu-
nication containing any image of apparent child pornography, 
including— 
‘‘(A) any data or information regarding the trans-
mission of the communication; and 
‘‘(B) any images, data, or other digital files contained 
in, or attached to, the communication. 
‘‘(c) FORWARDING OF REPORT TO LAW ENFORCEMENT.— 
‘‘(1) IN GENERAL.—The National Center for Missing and 
Exploited Children shall forward each report made under sub-
section (a)(1) to any appropriate law enforcement agency des-
ignated by the Attorney General under subsection (d)(2). 
‘‘(2) STATE AND LOCAL LAW ENFORCEMENT.—The National 
Center for Missing and Exploited Children may forward any 
report made under subsection (a)(1) to an appropriate law 
enforcement official of a State or political subdivision of a 
State for the purpose of enforcing State criminal law. 
‘‘(3) FOREIGN LAW ENFORCEMENT.— 
‘‘(A) IN GENERAL.—The National 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). 
‘‘(B) TRANSMITTAL
TO
DESIGNATED
FEDERAL
AGEN-
CIES.—If the National Center for Missing and Exploited 
Children forwards a report to a foreign law enforcement 
agency under subparagraph (A), the National Center for 
Missing and Exploited Children shall concurrently provide 
a copy of the report and the identity of the foreign law 
enforcement agency to— 
‘‘(i) the Attorney General; or 
‘‘(ii) the Federal law enforcement agency or agen-
cies designated by the Attorney General under sub-
section (d)(2). 
‘‘(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) in consultation with the Secretary of State, des-
ignate the foreign law enforcement agencies to which a 
report may be forwarded under subsection (c)(3); 
‘‘(B) establish the conditions under which such a report 
may be forwarded to such agencies; and 
‘‘(C) develop a process for foreign law enforcement 
agencies to request assistance from Federal law enforce-
ment agencies in obtaining evidence related to a report 
referred under subsection (c)(3). 
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122 STAT. 4246 
PUBLIC LAW 110–401—OCT. 13, 2008 
‘‘(4) REPORTING
DESIGNATED
FOREIGN
AGENCIES.—The 
Attorney General shall maintain and make available to the 
Department of State, the National Center for Missing and 
Exploited Children, electronic communication service providers, 
remote computing service providers, the Committee on the 
Judiciary of the Senate, and the Committee on the Judiciary 
of the House of Representatives a list of the foreign law enforce-
ment agencies designated under paragraph (3). 
‘‘(5) SENSE OF CONGRESS REGARDING DESIGNATION OF FOR-
EIGN AGENCIES.—It is the sense of Congress that— 
‘‘(A) 
combating 
the 
international 
manufacturing, 
possession, and trade in online child pornography requires 
cooperation with competent, qualified, and appropriately 
trained foreign law enforcement agencies; and 
‘‘(B) the Attorney General, in cooperation with the 
Secretary of State, should make a substantial effort to 
expand the list of foreign agencies designated under para-
graph (3). 
‘‘(6) NOTIFICATION TO PROVIDERS.—If an electronic commu-
nication service provider or remote computing service provider 
notifies the National Center for Missing and Exploited Children 
that the electronic communication service provider or remote 
computing service provider is making a report under this sec-
tion as the result of a request by a foreign law enforcement 
agency, the National Center for Missing and Exploited Children 
shall— 
‘‘(A) if the Center forwards the report to the requesting 
foreign law enforcement agency or another agency in the 
same country designated by the Attorney General under 
paragraph (3), notify the electronic communication service 
provider or remote computing service provider of— 
‘‘(i) the identity of the foreign law enforcement 
agency to which the report was forwarded; and 
‘‘(ii) the date on which the report was forwarded; 
or 
‘‘(B) notify the electronic communication service pro-
vider or remote computing service provider if the Center 
declines to forward the report because the Center, in con-
sultation with the Attorney General, determines that no 
law enforcement agency in the foreign country has been 
designated by the Attorney General under paragraph (3). 
‘‘(e) FAILURE TO REPORT.—An electronic communication service 
provider or remote computing service provider 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 willful 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 section shall 
be construed to require an electronic communication service pro-
vider or a remote computing service provider to— 
‘‘(1) monitor any user, subscriber, or customer of that pro-
vider; 
‘‘(2) monitor the content of any communication of any per-
son described in paragraph (1); or 
Lists. 
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122 STAT. 4247 
PUBLIC LAW 110–401—OCT. 13, 2008 
‘‘(3) affirmatively seek facts or circumstances described in 
sections (a) and (b). 
‘‘(g) CONDITIONS
OF
DISCLOSURE
INFORMATION
CONTAINED 
WITHIN REPORT.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
a law enforcement agency that receives a report under sub-
section (c) shall not disclose any information contained in that 
report. 
‘‘(2) PERMITTED DISCLOSURES BY LAW ENFORCEMENT.— 
‘‘(A) IN GENERAL.—A law enforcement agency may dis-
close information in a report received under subsection 
(c)— 
‘‘(i) to an attorney for the government for use in 
the performance of the official duties of that attorney; 
‘‘(ii) to such officers and employees of that law 
enforcement agency, as may be necessary in the 
performance of their investigative and recordkeeping 
functions; 
‘‘(iii) 
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 attorney in the 
performance of the official duties of the attorney in 
enforcing Federal criminal law; 
‘‘(iv) if the report discloses a violation of State 
criminal law, to an appropriate official of a State or 
subdivision of a State for the purpose of enforcing 
such State law; 
‘‘(v) to a defendant in a criminal case or the 
attorney for that defendant, subject to the terms and 
limitations under section 3509(m) or a similar State 
law, to the extent the information relates to a criminal 
charge pending against that defendant; 
‘‘(vi) subject to subparagraph (B), to an electronic 
communication service provider or remote computing 
provider if necessary to facilitate response to legal 
process issued in connection to a criminal investigation, 
prosecution, or post-conviction remedy relating to that 
report; and 
‘‘(vii) as ordered by a court upon a showing of 
good cause and pursuant to any protective orders or 
other conditions that the court may impose. 
‘‘(B) LIMITATIONS.— 
‘‘(i) LIMITATIONS
ON
FURTHER
DISCLOSURE.—The 
electronic communication service provider or remote 
computing service provider shall be prohibited from 
disclosing the contents of a report provided under 
subparagraph (A)(vi) to any person, except as necessary 
to respond to the legal process. 
‘‘(ii) EFFECT.—Nothing in subparagraph (A)(vi) 
authorizes a law enforcement agency to provide child 
pornography images to an electronic communications 
service provider or a remote computing service. 
‘‘(3) PERMITTED DISCLOSURES BY THE NATIONAL CENTER FOR 
MISSING AND EXPLOITED CHILDREN.—The National Center for 
Missing and Exploited Children may disclose information 
received in a report under subsection (a) only— 
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122 STAT. 4248 
PUBLIC LAW 110–401—OCT. 13, 2008 
‘‘(A) to any Federal law enforcement agency designated 
by the Attorney General under subsection (d)(2); 
‘‘(B) to any State, local, or tribal law enforcement 
agency involved in the investigation of child pornography, 
child exploitation, kidnapping, or enticement crimes; 
‘‘(C) to any foreign law enforcement agency designated 
by the Attorney General under subsection (d)(3); and 
‘‘(D) to an electronic communication service provider 
or remote computing service provider as described in sec-
tion 2258C. 
‘‘(h) PRESERVATION.— 
‘‘(1) IN GENERAL.—For the purposes of this section, the 
notification to an electronic communication service provider 
or a remote computing service provider by the CyberTipline 
of receipt of a report under subsection (a)(1) shall be treated 
as a request to preserve, as if such request was made pursuant 
to section 2703(f). 
‘‘(2) PRESERVATION OF REPORT.—Pursuant to paragraph (1), 
an electronic communication service provider or a remote com-
puting service shall preserve the contents of the report provided 
pursuant to subsection (b) for 90 days after such notification 
by the CyberTipline. 
‘‘(3) PRESERVATION OF COMMINGLED IMAGES.—Pursuant to 
paragraph (1), an electronic communication service provider 
or a remote computing service shall preserve any images, data, 
or other digital files that are commingled or interspersed among 
the images of apparent child pornography within a particular 
communication or user-created folder or directory. 
‘‘(4) PROTECTION OF PRESERVED MATERIALS.—An electronic 
communications service or remote computing service preserving 
materials under this section shall maintain the materials in 
a secure location and take appropriate steps to limit access 
by agents or employees of the service to the materials to that 
access necessary to comply with the requirements of this sub-
section. 
‘‘(5) AUTHORITIES AND DUTIES NOT AFFECTED.—Nothing in 
this section shall be construed as replacing, amending, or other-
wise interfering with the authorities and duties under section 
2703. 
‘‘SEC. 2258B. LIMITED LIABILITY FOR ELECTRONIC COMMUNICATION 
SERVICE PROVIDERS, REMOTE COMPUTING SERVICE 
PROVIDERS, OR DOMAIN NAME REGISTRAR. 
‘‘(a) IN GENERAL.—Except as provided in subsection (b), a civil 
claim or criminal charge against an electronic communication 
service provider, a remote computing service provider, or domain 
name registrar, including any director, officer, employee, or agent 
of such electronic communication service provider, remote com-
puting service provider, or domain name registrar arising from 
the performance of the reporting or preservation responsibilities 
of such electronic communication service provider, remote com-
puting service provider, or domain name registrar under this sec-
tion, section 2258A, or section 2258C may not be brought in any 
Federal or State court. 
‘‘(b) INTENTIONAL, RECKLESS, OR OTHER MISCONDUCT.—Sub-
section (a) shall not apply to a claim if the electronic communication 
service provider, remote computing service provider, or domain 
18 USC 2258B. 
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122 STAT. 4249 
PUBLIC LAW 110–401—OCT. 13, 2008 
name registrar, or a director, officer, employee, or agent of that 
electronic communication service provider, remote computing 
service provider, or domain name registrar— 
‘‘(1) engaged in intentional misconduct; or 
‘‘(2) acted, or failed to act— 
‘‘(A) with actual malice; 
‘‘(B) with reckless disregard to a substantial risk of 
causing physical injury without legal justification; or 
‘‘(C) for a purpose unrelated to the performance of 
any responsibility or function under this section, sections 
2258A, 2258C, 2702, or 2703. 
‘‘(c) MINIMIZING ACCESS.—An electronic communication service 
provider, a remote computing service provider, and domain name 
registrar shall— 
‘‘(1) minimize the number of employees that are provided 
access to any image provided under section 2258A or 2258C; 
and 
‘‘(2) ensure that any such image is permanently destroyed, 
upon a request from a law enforcement agency to destroy 
the image. 
‘‘SEC. 2258C. USE TO COMBAT CHILD PORNOGRAPHY OF TECHNICAL 
ELEMENTS RELATING TO IMAGES REPORTED TO THE 
CYBERTIPLINE. 
‘‘(a) ELEMENTS.— 
‘‘(1) IN GENERAL.—The National Center for Missing and 
Exploited Children may provide elements relating to any 
apparent child pornography image of an identified child to 
an electronic communication service provider or a remote com-
puting service provider for the sole and exclusive purpose of 
permitting that electronic communication service provider or 
remote computing service provider to stop the further trans-
mission of images. 
‘‘(2) INCLUSIONS.—The elements authorized under para-
graph (1) may include hash values or other unique identifiers 
associated with a specific image, Internet location of images, 
and other technological elements that can be used to identify 
and stop the transmission of child pornography. 
‘‘(3) EXCLUSION.—The elements authorized under para-
graph (1) may not include the actual images. 
‘‘(b) USE BY ELECTRONIC COMMUNICATION SERVICE PROVIDERS 
AND
REMOTE
COMPUTING
SERVICE
PROVIDERS.—Any electronic 
communication service provider or remote computing service pro-
vider that receives elements relating to any apparent child pornog-
raphy image of an identified child 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 computing service provider from its reporting 
obligations under section 2258A. 
‘‘(c) LIMITATIONS.—Nothing in subsections (a) or (b) requires 
electronic communication service providers or remote computing 
service providers receiving elements relating to any apparent child 
pornography image of an identified child from the National Center 
for Missing and Exploited Children to use the elements to stop 
the further transmission of the images. 
18 USC 2258C. 
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122 STAT. 4250 
PUBLIC LAW 110–401—OCT. 13, 2008 
‘‘(d) PROVISION
OF ELEMENTS
TO LAW ENFORCEMENT.—The 
National Center for Missing and Exploited Children shall make 
available to Federal, State, and local law enforcement involved 
in the investigation of child pornography crimes elements, including 
hash values, relating to any apparent child pornography image 
of an identified child reported to the National Center for Missing 
and Exploited Children. 
‘‘(e) USE BY LAW ENFORCEMENT.—Any Federal, State, or local 
law enforcement agency that receives elements relating to any 
apparent child pornography image of an identified child from the 
National Center for Missing and Exploited Children under section 
(d) may use such elements only in the performance of the official 
duties of that agency to investigate child pornography crimes. 
‘‘SEC. 2258D. LIMITED LIABILITY FOR THE NATIONAL CENTER FOR 
MISSING AND EXPLOITED CHILDREN. 
‘‘(a) IN GENERAL.—Except as provided in subsections (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 Assistance Act (42 U.S.C. 
5773), or from the effort of such center to identify child victims 
may not be brought in any Federal or State court. 
‘‘(b) INTENTIONAL, RECKLESS, OR OTHER MISCONDUCT.—Sub-
section (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 substantial risk of 
causing injury without legal justification; or 
‘‘(C) for a purpose unrelated to the performance of 
any responsibility or function under this section, section 
2258A or 2258C of this title, or section 404 of the Missing 
Children’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 administration 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 section 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; 
18 USC 2258E. 
18 USC 2258D. 
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122 STAT. 4251 
PUBLIC LAW 110–401—OCT. 13, 2008 
‘‘(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 Freedom 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 archive so that it is 
publicly accessible, over the Internet, using hypertext transfer 
protocol or any successor protocol.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) REPEAL OF SUPERCEDED PROVISION.—Section 227 of the 
Crime Control Act of 1990 (42 U.S.C. 13032) is repealed. 
(2) TECHNICAL
CORRECTIONS.—Section 2702 of title 18, 
United States Code, is amended— 
(A) in subsection (b)(6), by striking ‘‘section 227 of 
the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032)’’ 
and inserting ‘‘section 2258A’’; and 
(B) in subsection (c)(5), by striking ‘‘section 227 of 
the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032)’’ 
and inserting ‘‘section 2258A’’. 
(3) 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 section 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 remote 
computing service providers. 
‘‘2258C. Use to combat child pornography of technical elements relating to images 
reported to the CyberTipline. 
‘‘2258D. Limited liability for the National Center for Missing and Exploited Chil-
dren. 
‘‘2258E. Definitions.’’. 
SEC. 502. REPORTS. 
(a) ATTORNEY GENERAL REPORT ON IMPLEMENTATION, INVES-
TIGATIVE METHODS AND INFORMATION SHARING.—Not later than 
12 months after the date of enactment of this Act, the Attorney 
General shall submit a report to the Committee on the Judiciary 
of Senate and the Committee on the Judiciary of the House of 
Representatives on— 
(1) the structure established in this Act, including the 
respective functions of the National Center for Missing and 
Exploited Children, Department of Justice, and other entities 
that participate in information sharing under this Act; 
(2) an assessment of the legal and constitutional implica-
tions of such structure; 
(3) the privacy safeguards contained in the reporting 
requirements, including the training, qualifications, recruit-
ment and screening of all Federal and non-Federal personnel 
implementing this Act; and 
(4) information relating to the aggregate number of 
incidents reported under section 2258A(b) of title 18, United 
States Code, to Federal and State law enforcement agencies 
based on the reporting requirements under this Act and the 
aggregate number of times that elements are provided to 
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122 STAT. 4252 
PUBLIC LAW 110–401—OCT. 13, 2008 
communication service providers under section 2258C of such 
title. 
(b) GAO AUDIT AND REPORT ON EFFICIENCY AND EFFECTIVE-
NESS.—Not later than 2 years after the date of enactment of this 
Act, the Comptroller General shall conduct an audit and submit 
a report to the Committee on the Judiciary of the Senate and 
to the Committee on the Judiciary of the House of Representatives 
on— 
(1) the efforts, activities, and actions of the CyberTipline 
of the National Center for Missing and Exploited Children, 
or any successor to the CyberTipline, and the Attorney General 
in achieving the goals and purposes of this Act, as well as 
in carrying out any responsibilities or duties assigned to each 
such individual or agency under this Act; 
(2) any legislative, administrative, or regulatory changes 
that the Comptroller General recommends be taken by or on 
behalf of the Attorney General to better achieve such goals 
and purposes, and to more effectively carry out such responsibil-
ities and duties; 
(3) the effectiveness of any actions taken and efforts made 
by the CyberTipline of the National Center for Missing and 
Exploited Children, or any successor to the CyberTipline and 
the Attorney General to— 
(A) minimize duplicating the efforts, materials, facili-
ties, and procedures of any other Federal agency respon-
sible for the enforcement, investigation, or prosecution of 
child pornography crimes; and 
(B) enhance the efficiency and consistency with which 
Federal funds and resources are expended to enforce, inves-
tigate, or prosecute child pornography crimes, including 
the use of existing personnel, materials, technologies, and 
facilities; and 
(4) any actions or efforts that the Comptroller General 
recommends be taken by the Attorney General to reduce 
duplication of efforts and increase the efficiency and consistency 
with which Federal funds and resources are expended to 
enforce, investigate, or prosecute child pornography crimes. 
SEC. 503. SEVERABILITY. 
If any provision of this title or amendment made by this title 
is held to be unconstitutional, the remainder of the provisions 
of this title or amendments made by this title— 
(1) shall remain in full force and effect; and 
18 USC 2251 
note. 
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122 STAT. 4253 
PUBLIC LAW 110–401—OCT. 13, 2008 
LEGISLATIVE HISTORY—S. 1738 (H.R. 3845): 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
Sept. 25, considered and passed Senate. 
Sept. 27, considered and passed House. 
(2) shall not be affected by the holding. 
Approved October 13, 2008. 
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