skip to main content

S. 431 (110th): Keeping the Internet Devoid of Sexual Predators Act of 2008


The text of the bill below is as of May 20, 2008 (Passed the Senate).


110th CONGRESS

2d Session

S. 431

IN THE SENATE OF THE UNITED STATES

AN ACT

To require convicted sex offenders to register online identifiers, and for other purposes.

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.

2.

Registration of online identifiers of sex offenders

(a)

In general

Section 114(a) of the Sex Offender Registration and Notification Act (42 U.S.C. 16914(a)) is amended—

(1)

by redesignating paragraphs (4) through (7) as paragraphs (5) through (8); and

(2)

by inserting after paragraph (3) the following:

(4)

Any electronic mail address or other designation the sex offender uses or will use for self-identification or routing in Internet communication or posting.

.

(b)

Updating of information

Section 113(c) of the Sex Offender Registration and Notification Act (42 U.S.C. 16913(c)) is amended by adding at the end the following: The Attorney General shall have the authority to specify the time and manner for reporting of other changes in registration information, including any addition or change of an electronic mail address or other designation used for self-identification or routing in Internet communication or posting..

(c)

Failure To register online identifiers

Section 2250 of title 18, United States Code, is amended—

(1)

in subsection (b), by inserting or (d) after subsection (a); and

(2)

by adding at the end the following:

(d)

Knowing failure To register online identifiers

Whoever—

(1)

is required to register under the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.); and

(2)

uses an email address or any other designation used for self-identification or routing in Internet communication or posting which the individual knowingly failed to provide for inclusion in a sex offender registry as required under that Act;

shall be fined under this title or imprisoned not more than 10 years, or both.

.

(d)

Conforming amendment; Directive to United States Sentencing Commission

Section 141(b) of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248; 120 Stat. 602) is amended by striking offense specified in subsection (a) and inserting offenses specified in subsections (a) and (d) of section 2250 of title 18, United States Code.

3.

Checking of online identifiers against sex offender registration information

(a)

Public access

Section 118(b) of the Sex Offender Registration and Notification Act (42 U.S.C. 16918(b)) is amended—

(1)

in paragraph (3), by striking and at the end;

(2)

by redesignating paragraph (4) as paragraph (5); and

(3)

by inserting after paragraph (3) the following:

(4)

any electronic mail address or designation used for self-identification or routing in Internet communication or posting; and

.

(b)

Online identifier checking system for social networking websites

Section 121 of the Sex Offender Registration and Notification Act (42 U.S.C. 16921) is amended by adding at the end the following:

“(d)

Checking system for social networking websites

“(1)

In general

The Attorney General shall maintain a system available to social networking websites that permits the automated comparison of lists or databases of the electronic mail addresses and other designations used for self-identification or routing in Internet communication or posting of the registered users of such websites, to the corresponding information contained in or derived from sex offender registries.

“(2)

Qualification for use of system

A social networking website seeking to use the system established under paragraph (1) shall submit an application to the Attorney General which provides—

“(A)

the name and legal status of the website;

“(B)

the contact information for the website;

“(C)

a description of the nature and operations of the website;

“(D)

a statement explaining why the website seeks to use the system; and

“(E)

such other information or attestations as the Attorney General may require to ensure that the website will use the system—

“(i)

to protect the safety of the users of such website; and

“(ii)

not for any unlawful or improper purpose.

“(3)

Searches against the system

(A)

In general

A social networking website approved to use the system established under paragraph (1) shall—

(i)

submit the information to be compared in a form satisfying the technical requirements for searches against the system; and

(ii)

pay any fee established by the Attorney General for use of the system.

(B)

Frequency of use of the system

A social networking website approved by the Attorney General to use the system established under paragraph (1) may conduct searches under the system as frequently as the Attorney General may allow.

(C)

Authority of AG to suspend use

The Attorney General may deny, suspend, or terminate use of the system by a social networking website that—

(i)

provides false information in its application for use of the system; or

(ii)

may be using or seeks to use the system for any unlawful or improper purpose.

(4)

Limitation on release of internet identifiers

(A)

No public release

Neither the Attorney General nor a social networking website approved to use the system established under paragraph (1) may release to the public any list of the e-mail addresses or other designations used for self-identification or routing in Internet communication or posting 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 paragraph (1) by social networking websites approved to use such system.

(C)

Strict adherence to limitation

The use of the system established under paragraph (1) by a social networking website shall be conditioned on the website's agreement to observe the limitations required under this paragraph.

(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.

(5)

Limitation on Liability

(A)

In general

A civil claim against a social networking website, including any director, officer, employee, parent, 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.

(B)

Intentional, reckless, or other misconduct

Subsection (a) shall not apply to a claim if the social networking website, or a director, officer, employee, 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 performance of any responsibility or function described in paragraph (3).

(C)

Ordinary business activities

Subsection (a) shall not apply to an act or omission to act relating to an ordinary business activity of any social networking website, including to any acts related to the general administration or operations of such website, the use of motor vehicles by employees or agents of such website, or any personnel management decisions of such websites.

(D)

Minimizing access

A social networking website shall minimize the number of employees that are provided access to the list of electronic mail addresses, and other designations used for self-identification or routing in Internet communication or posting by persons in the National Sex Offender Registry.

(6)

Rule of construction

Nothing is this section shall be construed to require any Internet website, including a social networking website, to compare its database of registered users with the list of electronic mail addresses and other designations used for self-identification or routing in Internet communication or posting by persons in the National Sex Offender Registry, and no Federal or State liability, or any other actionable adverse consequence, shall be imposed on such website based on its decision not to compare its database with such list.

.

4.

Definitions

Section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911) is amended by adding at the end the following:

(15)

The term social networking website means an Internet website that—

(A)

allows users, through the creation of web pages or profiles or by other means, to provide information about themselves that is available publicly or to other users; and

(B)

offers a mechanism for communication with other users.

(16)

The term Internet has the meaning given that term in section 1101 of the Internet Tax Freedom Act (47 U.S.C. 151 note).

(17)

The term electronic mail address has the meaning given that term in section 3 of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (15 U.S.C. 7702).

.

5.

Criminalization of age misrepresentation in connection with online solicitation of a minor

Section 2422 of title 18, United States Code, is amended by adding at the end the following:

(c)

Misrepresentation of age

Whoever knowingly misrepresents his or her age using the Internet or any other facility or means of interstate or foreign commerce or the mail, with the intent to further or facilitate a violation of this section, shall be fined under this title and imprisoned not more than 20 years. A sentence imposed under this subsection shall be in addition and consecutive to any sentence imposed for the offense the age misrepresentation was intended to further or facilitate.

.

6.

Knowingly accessing child pornography with the intent to view child pornography

(a)

Materials involving sexual exploitation of minors

Section 2252(a)(4) of title 18, United States Code, is amended—

(1)

in subparagraph (A), by inserting , or knowingly accesses with intent to view, after possesses; and

(2)

in subparagraph (B), by inserting , or knowingly accesses with intent to view, after possesses.

(b)

Materials constituting or containing child pornography

Section 2252A(a)(5) of title 18, United States Code, is amended—

(1)

in subparagraph (A), by inserting , or knowingly accesses with intent to view, after possesses; and

(2)

in subparagraph (B), by inserting , or knowingly accesses with intent to view, after possesses.

7.

Clarifying ban of child pornography

(a)

In general

Chapter 110 of title 18, United States Code, is amended—

(1)

in section 2251—

(A)

in each of subsections (a), (b), and (d), by inserting using any means or facility of interstate or foreign commerce or after be transported;

(B)

in each of subsections (a) and (b), by inserting using any means or facility of interstate or foreign commerce or after been transported;

(C)

in subsection (c), by striking computer each place that term appears and inserting using any means or facility of interstate or foreign commerce; and

(D)

in subsection (d), by inserting using any means or facility of interstate or foreign commerce or after is transported;

(2)

in section 2251A(c), by inserting using any means or facility of interstate or foreign commerce or after or transported;

(3)

in section 2252(a)—

(A)

in paragraph (1), by inserting using any means or facility of interstate or foreign commerce or after ships;

(B)

in paragraph (2)—

(i)

by inserting using any means or facility of interstate or foreign commerce or after distributes, any visual depiction; and

(ii)

by inserting using any means or facility of interstate or foreign commerce or after depiction for distribution;

(C)

in paragraph (3)—

(i)

by inserting using any means or facility of interstate or foreign commerce after so shipped or transported; and

(ii)

by striking by any means,; and

(D)

in paragraph (4), by inserting using any means or facility of interstate or foreign commerce or after has been shipped or transported; and

(4)

in section 2252A(a)—

(A)

in paragraph (1), by inserting using any means or facility of interstate or foreign commerce or after ships;

(B)

in paragraph (2), by inserting using any means or facility of interstate or foreign commerce after mailed, or each place it appears;

(C)

in paragraph (3), by inserting using any means or facility of interstate or foreign commerce or after mails, or each place it appears;

(D)

in each of paragraphs (4) and (5), by inserting using any means or facility of interstate or foreign commerce or after has been mailed, or shipped or transported; and

(E)

in paragraph (6), by inserting using any means or facility of interstate or foreign commerce or after has been mailed, shipped, or transported.

(b)

Affecting interstate commerce

Chapter 110 of title 18, United States Code, is amended in each of sections 2251, 2251A, 2252, and 2252A, by striking in interstate each place it appears and inserting in or affecting interstate.

(c)

Certain activities relating to material involving the sexual exploitation of minors

Section 2252(a)(3)(B) of title 18, United States Code, is amended by inserting , shipped, or transported using any means or facility of interstate or foreign commerce after that has been mailed.

(d)

Certain activities relating to material constituting or containing child pornography

Section 2252A(a)(6)(C) of title 18, United States Code, is amended by striking or by transmitting and all that follows through by computer, and inserting or any means or facility of interstate or foreign commerce,.

Passed the Senate May 20, 2008.

Secretary