KIDS Act of 2008
PL 110-400 (S.431), enacted 10/13/2008

122 STAT. 4224 
PUBLIC LAW 110–400—OCT. 13, 2008 
Public Law 110–400 
110th Congress 
An Act 
To require convicted sex offenders to register online identifiers, and for other pur-
poses. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Keeping the Internet Devoid 
of Sexual Predators Act of 2008’’ or the ‘‘KIDS Act of 2008’’. 
SEC. 2. DIRECTION TO THE ATTORNEY GENERAL. 
(a) REQUIREMENT THAT SEX OFFENDERS PROVIDE CERTAIN 
INTERNET RELATED INFORMATION TO SEX OFFENDER REGISTRIES.— 
The Attorney General, using the authority provided in section 
114(a)(7) of the Sex Offender Registration and Notification Act, 
shall require that each sex offender provide to the sex offender 
registry those Internet identifiers the sex offender uses or will 
use of any type that the Attorney General determines to be appro-
priate under that Act. These records of Internet identifiers shall 
be subject to the Privacy Act (5 U.S.C. 552a) to the same extent 
as the other records in the National Sex Offender Registry. 
(b) TIMELINESS OF REPORTING OF INFORMATION.—The Attorney 
General, using the authority provided in section 112(b) of the Sex 
Offender Registration and Notification Act, shall specify the time 
and manner for keeping current information required to be provided 
under this section. 
(c) NONDISCLOSURE TO GENERAL PUBLIC.—The Attorney Gen-
eral, using the authority provided in section 118(b)(4) of the Sex 
Offender Registration and Notification Act, shall exempt from 
disclosure all information provided by a sex offender under sub-
section (a). 
(d) NOTICE TO SEX OFFENDERS OF NEW REQUIREMENTS.—The 
Attorney General shall ensure that procedures are in place to 
notify each sex offender of changes in requirements that apply 
to that sex offender as a result of the implementation of this 
section. 
(e) DEFINITIONS.— 
(1) OF ‘‘SOCIAL NETWORKING WEBSITE’’.—As used in this 
Act, the term ‘‘social networking website’’— 
(A) means an Internet website— 
(i) that allows users, through the creation of web 
pages or profiles or by other means, to provide informa-
tion about themselves that is available to the public 
or to other users; and 
Procedures. 
Records. 
42 USC 16915a. 
Keeping the 
Internet Devoid 
of Sexual 
Predators 
Act of 2008. 
42 USC 16901 
note. 
Oct. 13, 2008 
[S. 431] 
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122 STAT. 4225 
PUBLIC LAW 110–400—OCT. 13, 2008 
(ii) that offers a mechanism for communication 
with other users where such users are likely to include 
a substantial number of minors; and 
(iii) whose primary purpose is to facilitate online 
social interactions; and 
(B) includes any contractors or agents used by the 
website to act on behalf of the website in carrying out 
the purposes of this Act. 
(2) OF ‘‘INTERNET IDENTIFIERS’’.—As used in this Act, the 
term ‘‘Internet identifiers’’ means electronic mail addresses and 
other designations used for self-identification or routing in 
Internet communication or posting. 
(3) OTHER
TERMS.—A term defined for the purposes of 
the Sex Offender Registration and Notification Act has the 
same meaning in this Act. 
SEC. 3. CHECKING SYSTEM FOR SOCIAL NETWORKING WEBSITES. 
(a) IN GENERAL.— 
(1) SECURE SYSTEM FOR COMPARISONS.—The Attorney Gen-
eral shall establish and maintain a secure system that permits 
social networking websites to compare the information con-
tained in the National Sex Offender Registry with the Internet 
identifiers of users of the social networking websites, and view 
only those Internet identifiers that match. The system— 
(A) shall not require or permit any social networking 
website to transmit Internet identifiers of its users to the 
operator of the system, and 
(B) shall use secure procedures that preserve the 
secrecy of the information made available by the Attorney 
General, including protection measures that render the 
Internet identifiers and other data elements indecipherable. 
(2) PROVISION OF INFORMATION RELATING TO IDENTITY.— 
Upon receiving a matched Internet identifier, the social net-
working website may make a request of the Attorney General 
for, and the Attorney General shall provide promptly, informa-
tion related to the identity of the individual that has registered 
the matched Internet identifier. This information is limited 
to the name, sex, resident address, photograph, and physical 
description. 
(b) QUALIFICATION FOR USE OF SYSTEM.—A social networking 
website seeking to use the system shall submit an application 
to the Attorney General which provides— 
(1) the name and legal status of the website; 
(2) the contact information for the website; 
(3) a description of the nature and operations of the website; 
(4) a statement explaining why the website seeks to use 
the system; 
(5) a description of policies and procedures to ensure that— 
(A) any individual who is denied access to that website 
on the basis of information obtained through the system 
is promptly notified of the basis for the denial and has 
the ability to challenge the denial of access; and 
(B) if the social networking website finds that informa-
tion is inaccurate, incomplete, or cannot be verified, the 
site immediately notifies the appropriate State registry 
and the Department of Justice, so that they may delete 
Notification. 
Procedures. 
42 USC 16915b. 
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122 STAT. 4226 
PUBLIC LAW 110–400—OCT. 13, 2008 
or correct that information in the respective State and 
national databases; 
(6) the identity and address of, and contact information 
for, any contractor that will be used by the social networking 
website to use the system; and 
(7) such other information or attestations as the Attorney 
General may require to ensure that the website will use the 
system— 
(A) to protect the safety of the users of such website; 
and 
(B) for the limited purpose of making the automated 
comparison described in subsection (a). 
(c) SEARCHES AGAINST THE SYSTEM.— 
(1) FREQUENCY
OF
USE
OF
THE
SYSTEM.—A social net-
working website approved by the Attorney General to use the 
system may conduct searches under the system as frequently 
as the Attorney General may allow. 
(2) AUTHORITY OF ATTORNEY GENERAL TO SUSPEND USE.— 
The Attorney General may deny, suspend, or terminate use 
of the system by a social networking website that— 
(A) provides false information in its application for 
use of the system; 
(B) may be using or seeks to use the system for any 
unlawful or improper purpose; 
(C) fails to comply with the procedures required under 
subsection (b)(5); or 
(D) uses information obtained from the system in any 
way that is inconsistent with the purposes of this Act. 
(3) LIMITATION ON RELEASE OF INTERNET IDENTIFIERS.— 
(A) NO PUBLIC RELEASE.—Neither the Attorney General 
nor a social networking website approved to use the system 
may release to the public any list of the Internet identifiers 
of sex offenders contained in the system. 
(B) ADDITIONAL LIMITATIONS.—The Attorney General 
shall limit the release of information obtained through 
the use of the system established under subsection (a) 
by social networking websites approved to use such system. 
(C) STRICT ADHERENCE TO LIMITATION.—The use of the 
system established under subsection (a) by a social net-
working website shall be conditioned on the website’s agree-
ment to observe the limitations required under this para-
graph. 
(D) RULE OF CONSTRUCTION.—This subsection shall not 
be construed to limit the authority of the Attorney General 
under any other provision of law to conduct or to allow 
searches or checks against sex offender registration 
information. 
(4) PAYMENT
OF
FEE.—A social networking website 
approved to use the system shall pay any fee established by 
the Attorney General for use of the system. 
(5) LIMITATION ON LIABILITY.— 
(A) IN GENERAL.—A civil claim against a social net-
working website, including any director, officer, employee, 
parent, contractor, or agent of that social networking 
website, arising from the use by such website of the 
National Sex Offender Registry, may not be brought in 
any Federal or State court. 
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122 STAT. 4227 
PUBLIC LAW 110–400—OCT. 13, 2008 
(B) INTENTIONAL, RECKLESS, OR OTHER MISCONDUCT.— 
Subparagraph (A) does not apply to a claim if the social 
networking website, or a director, officer, employee, parent, 
contractor, or agent of that social networking website— 
(i) engaged in intentional misconduct; or 
(ii) acted, or failed to act— 
(I) with actual malice; 
(II) with reckless disregard to a substantial 
risk of causing injury without legal justification; 
or 
(III) for a purpose unrelated to the perform-
ance of any responsibility or function described 
in paragraph (3). 
(C) MINIMIZING ACCESS.—A social networking website 
shall minimize the number of employees that are provided 
access to the Internet identifiers for which a match has 
been found through the system. 
(6) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to require any Internet website, including a social 
networking website, to use the system, and no Federal or 
State liability, or any other actionable adverse consequence, 
shall be imposed on such website based on its decision not 
to do so. 
SEC. 4. MODIFICATION OF MINIMUM STANDARDS REQUIRED FOR 
ELECTRONIC 
MONITORING 
UNITS 
USED 
IN 
SEXUAL 
OFFENDER MONITORING PILOT PROGRAM. 
(a) IN GENERAL.—Subparagraph (C) of section 621(a)(1) of the 
Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 
16981(a)(1)) is amended to read as follows: 
‘‘(C) MINIMUM STANDARDS.—The electronic monitoring 
units used in the pilot program shall at a minimum— 
‘‘(i) provide a tracking device for each offender 
that contains a central processing unit with global 
positioning system; and 
‘‘(ii) permit continuous monitoring of offenders 24 
hours a day.’’. 
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122 STAT. 4228 
PUBLIC LAW 110–400—OCT. 13, 2008 
LEGISLATIVE HISTORY—S. 431 (H.R. 719): 
SENATE REPORTS: No. 110–332 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
May 20, considered and passed Senate. 
Sept. 27, considered and passed House, amended. 
Sept. 30, Senate concurred in House amendment. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply to grants provided on or after the date of the enactment 
of this Act. 
Approved October 13, 2008. 
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