[Congressional Record (Bound Edition), Volume 154 (2008), Part 16] [House] [Pages 22789-22792] [From the U.S. Government Publishing Office, www.gpo.gov]KEEPING THE INTERNET DEVOID OF SEXUAL PREDATORS ACT OF 2008 Mr. CONYERS. Mr. Speaker, I ask unanimous consent to take from the Speaker's table the Senate bill (S. 431) to require convicted sex offenders to register online identifiers, and for other purposes, and ask for its immediate consideration in the House. The Clerk read the title of the Senate bill. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Michigan? There was no objection. The text of the Senate bill is as follows: S. 431 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. 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 [[Page 22790]] 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''. SEC. 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.''. SEC. 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).''. SEC. 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.''. SEC. 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''. SEC. 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)-- [[Page 22791]] (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,''. Amendment Offered by Mr. Conyers Mr. CONYERS. Mr. Speaker, I have an amendment at the desk. The Clerk read as follows: Amendment offered by Mr. Conyers: Strike out all after the enacting clause and insert: 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 appropriate 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 General, 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 subsection (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 information about themselves that is available to the public or to other users; and (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 General shall establish and maintain a secure system that permits social networking websites to compare the information contained 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 networking website may make a request of the Attorney General for, and the Attorney General shall provide promptly, information 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 information 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 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 networking 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 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. (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.-- [[Page 22792]] (A) In general.--A civil claim against a social networking 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. (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 performance 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.''. (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. Mr. CONYERS (during the reading). Mr. Speaker, I ask unanimous consent that the amendment be considered as read. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Michigan? There was no objection. The amendment was agreed to. Mr. CHABOT. Mr. Speaker, I'd like to thank my House and Senate colleagues today for their ongoing leadership on this critical issue. Today is another significant step in our effort to protect our Nation's most precious asset--our children. Together with the PROTECT Act, which the House considered earlier, we are sending a message to predators that we will not let you get our children. The Adam Walsh Child Protection and Safety Act, that we passed two years ago and which increased national registration requirements and penalties on sex offenders, was a much needed response to the growing threats our Nation's children face each and every day. However, the threat still exists and, in fact, continues to grow, particularly as technology advances. Social Web sites such as MySpace and Facebook give our kids new ways to interact. Yet, they also open doors for sexual predators to target them--making it essential that our laws keep up with technology. The bills that we are considering today send the message that we will not tolerate this disturbing trend. The Keeping the Internet Devoid of Sexual Predators Act, or KIDS Act, of 2007, ensures that our laws and the resources needed to catch and keep these criminals off the street are as up-to-date as the technology that our kids are using. I urge my colleagues to support this important legislation. Mr. POMEROY. Mr. Speaker, I rise today in support of S. 431, the ``Keeping the Internet Devoid of Sexual Predators Act of 2007'' also known as the KIDS Act. This important legislation takes a historic step forward in updating and strengthening our laws to protect our kids from sexual predators online. At the beginning of this Congress, I introduced the House companion to the KIDS Act with our dear departed friend, Rep. Paul Gillmor, a true champion of protecting children from dangerous sexual predators both online and offline. He spent much of his time in Congress fighting to keep our kids safe, and I know that he would be very proud of the passage of today's legislation. When my own kids are online, I want to do everything possible to keep them safe from online predators. Sex offenders have no business being on social networking sites like MySpace and Facebook and the hundreds of other social networking sites that kids are on today. This bipartisan compromise will make it easier for social networking sites to find these offenders and kick these individuals off of their sites so that they are not able to prey on our Nation's children. Under current law, convicted sex offenders have to register where they work, live, go to school, and provide any other information that is required by the Attorney General, This act mandates that the Attorney General use his authority to require convicted sex offenders to register their Internet identifiers such as their email and instant messaging addresses. Failure to register internet identifiers as required will be treated as any other registration violation punishable under 18 U.S.C. Sec. 2250. The Department of Justice will then create a system to share this information with social networking sites so that these companies can keep registered sex offenders from using their services. According to a University of New Hampshire study, 1 in 7 children receive unwanted sexual solicitations online. With nearly 90 percent of our Nation's teenagers using the Internet everyday, it is now more important than ever to pass legislation like this that updates our laws to protect our kids from those who would exploit them online. I would like to thank MySpace for their leadership in advancing this legislation and for the proactive steps that they have already taken to delete convicted registered sex offenders from their site. We hope this legislation will encourage others to follow their lead. I would also like to thank Chairman Scott, Chairman Conyers, Senator Schumer and Representative Rahm Emanuel for their work on this issue. I would specifically like to thank House Judiciary staff--Mark Dubester, Ted Kalo, Bobby Vassar, Ameer Gopalani and Karen Wilkinson--for their hard work in reaching a compromise on this issue. I look forward to continuing to work with all of you to protect our children from the threat of sex offenders on the Internet. Mr. SMITH of Texas. Mr. Speaker, child predators will stop at nothing to prey on innocent children. The Internet affords them not only a virtual world within which to lure children into meeting them but also significantly hampers the ability of law enforcement to identify and apprehend them. The Internet is constantly evolving. A decade ago, email was the revolution that connected people in the workplace, on college campuses, and across the country. Today, chat rooms and social networking sites boast users in the millions from around the world and attract young children who may not be aware of the risks involved with sharing personal information online. We were all shocked to learn last year that over 20,000 registered sex offenders were on commercial social networking sites. In response to media attention, these sites removed the sex offenders and continue to actively monitor their sites. S. 431, the Keeping the Internet Devoid of Sexual Predators Act or KIDS Act of 2007, will help these sites and other Internet providers, as well as law enforcement officials, to identify sex offenders lurking on the Internet. The bill contains an important provision requiring sex offenders to update their registration information to include their electronic mail addresses, instant messaging addresses and other similar Internet identifiers. The KIDS Act also provides a mechanism to allow social networking sites to check sex offender registries to prevent sex offenders from accessing the site. The House passed similar legislation, H.R. 719, last year. However, many of these important provisions had been stripped from the bill before it was brought to the floor. I am pleased that S. 431 reinstates many of these provisions, most importantly, the requirement that sex offenders report their email addresses and other Internet identifiers. S. 431 also incorporates a provision originally introduced by my colleague from Virginia, Congressman Randy Forbes, in H.R. 4094. This provision amends the Adam Walsh Act to revise the minimum standards for electronic monitoring of sex offenders. This important correction will improve the use of these monitoring devices under the Adam Walsh Act pilot program. I urge my colleagues to support this bill. The Senate bill was ordered to be read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table. ____________________