Sec. 2. Alterations to reporting requirements for electronic service providers and remote computing service providers
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Section 2258A of title 18, United States Code, is amended— in the heading, by striking and inserting electronic communication service providers and remote computing service providers ; providers in subsection (a)— by amending paragraph
(1)to read as follows: In order to reduce the proliferation of online child sexual exploitation and to prevent the online sexual exploitation of children, a provider— shall, as soon as reasonably possible after obtaining actual knowledge of any facts or circumstances described in paragraph (2)(A), take the actions described in subparagraph (B); and may, after obtaining actual knowledge of any facts or circumstances described in paragraph (2)(B), take the actions described in subparagraph (B). The actions described in this subparagraph are— providing to the CyberTipline of NCMEC, or any successor to the CyberTipline operated by NCMEC, the mailing address, telephone number, facsimile number, electronic mailing address of, and individual point of contact for, such provider; and making a report of such facts or circumstances to the CyberTipline, or any successor to the CyberTipline operated by NCMEC. ; and by amending paragraph
(2)to read as follows: The facts or circumstances described in this subparagraph are any facts or circumstances from which there is an apparent violation of section 2251, 2251A, 2252, 2252A, 2252B, or 2260 that involves child pornography. The facts or circumstances described in this subparagraph are any facts or circumstances which indicate a violation of any of the sections described in subparagraph
(A)involving child pornography may be planned or imminent. ; in subsection (b)— in the matter preceding paragraph (1)— by striking To the extent and inserting In an effort to prevent the future sexual victimization of children, and to the extent ; by striking an electronic communication service provider or a remote computing service provider and inserting a provider ; and by striking may include and inserting may, at the sole discretion of the provider, include ; in paragraph (1)— by inserting or plans to violate after who appears to have violated ; and by inserting payment information (excluding personally identifiable information), after uniform resource locator, ; in paragraph (2)— by striking an electronic communication service or a remote computing service and inserting a provider ; by striking apparent child pornography each place it appears and inserting content relating to the report ; and by striking the electronic communication service provider or remote computing service provider and inserting the provider ; by amending paragraph
(3)to read as follows: Information relating to the geographic location of the involved individual or website, which may include the Internet Protocol address or verified address, or, if not reasonably available, at least one form of geographic identifying information, including area code or zip code, provided by the customer or subscriber, or stored or obtained by the provider. ; in paragraph (4)— in the heading by striking and inserting Images ; Visual depictions by striking image and inserting visual depiction ; and by inserting or other content after apparent child pornography ; and in paragraph (5)— by striking image and inserting visual depiction ; by inserting or other content after apparent child pornography ; and by striking images and inserting visual depictions ; by amending subsection
(c)to read as follows: Pursuant to its clearinghouse role as a private, nonprofit organization, and at the conclusion of its review in furtherance of its nonprofit mission, NCMEC shall make available each report made under subsection (a)(1) to one or more of the following law enforcement agencies: Any Federal law enforcement agency that is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes. Any State or local law enforcement agency that is involved in the investigation of child sexual exploitation. A foreign law enforcement agency designated by the Attorney General under subsection (d)(3) or a foreign law enforcement agency that has an established relationship with the Federal Bureau of Investigation, Immigration and Customs Enforcement, or INTERPOL, and is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes. ; in subsection (d)— in paragraph (2), by striking shall designate promptly the and inserting may designate a ; in paragraph (3)— in the matter preceding subparagraph (A), by striking shall promptly and inserting may ; and in subparagraph (A), by striking designate the and inserting designate ; in paragraph (4)— by striking shall and inserting may ; by striking the National Center for Missing and Exploited Children and inserting NCMEC ; and by striking electronic communication service providers, remote computing service providers and inserting providers ; by striking paragraph (5); by redesignating paragraph
(6)as paragraph (5); and by amending paragraph (5), as so redesignated, to read as follows: NCMEC may notify a provider of the information described in subparagraph (B), if— a provider notifies NCMEC that the provider is making a report under this section as the result of a request by a foreign law enforcement agency; and NCMEC forwards the report described in clause
(i)to— the requesting foreign law enforcement agency; or another agency in the same country designated by the Attorney General under paragraph
(3)or that has an established relationship with the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement, or INTERPOL and is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes. The information described in this subparagraph is— the identity of the foreign law enforcement agency to which the report was forwarded; and the date on which the report was forwarded. If a provider notifies NCMEC that the provider is making a report under this section as the result of a request by a foreign law enforcement agency and NCMEC is unable to forward the report as described in subparagraph (A)(ii), NCMEC shall notify the provider that NCMEC was unable to forward the report. ; in subsection (e), by striking An electronic communication service provider or remote computing service provider and inserting A provider ; in subsection (f)— in the matter preceding paragraph (1), by striking an electronic communication service provider or a remote computing service provider and inserting a provider ; and in paragraph (3), by striking seek and inserting search, screen, or scan for ; in subsection (g)— in paragraph (2)— in subparagraph (A)(vi), by striking an electronic communication service provider or remote computing service provider and inserting a provider ; and by amending subparagraph
(B)to read as follows: Nothing in subparagraph (A)(vi) authorizes a law enforcement agency to provide visual depictions of apparent child pornography to a provider. ; in paragraph (3)— in the paragraph heading, by striking and inserting the National Center for Missing and Exploited Children ; NCMEC in the matter preceding subparagraph (A)— by striking The National Center for Missing and Exploited Children and inserting NCMEC ; by inserting after may disclose the following: by mail, electronic transmission, or other reasonable means, ; and by striking only and inserting only to ; in subparagraph (A)— by striking to any Federal law enforcement agency and inserting any Federal law enforcement agency ; and by inserting before the semicolon at the end the following: or that is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes ; in subparagraph (B)— by striking to any State and inserting any State ; and by striking child pornography, child exploitation and inserting child sexual exploitation ; in subparagraph (C)— by striking to any foreign law enforcement agency and inserting any foreign law enforcement agency ; and by striking ; and and inserting or that has an established relationship with the Federal Bureau of Investigation, Immigration and Customs Enforcement, or INTERPOL, and is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes; ; in subparagraph (D)— by striking to an electronic communication service provider or remote computing service provider and inserting a provider ; and by striking the period at the end and inserting ; and ; and by adding after subparagraph
(D)the following: respond to legal process, as necessary. ; and by adding at the end the following: A provider that submits a report under subsection (a)(1) may disclose by mail, electronic transmission, or other reasonable means, information, including visual depictions contained in the report, in a manner consistent with permitted disclosures under paragraphs
(3)through
(8)of section 2702(b) only to a law enforcement agency described in subparagraph (A), (B), or
(C)of paragraph (3), to NCMEC, or as necessary to respond to legal process. ; and in subsection (h)— in paragraph (1)— by striking the notification to an electronic communication service provider or a remote computing service provider by the CyberTipline of receipt of a report and inserting a completed submission by a provider of a report to the CyberTipline ; and by striking , as if such request was made pursuant to section 2703(f) and inserting the contents provided in the report for 90 days after the submission to the CyberTipline ; by striking paragraph (2); by redesignating paragraphs
(3)through
(5)as paragraphs
(2)through (4), respectively; in paragraph (2), as so redesignated— in the heading, by striking and inserting images ; content by striking an electronic communication service provider or a remote computing service and inserting a provider ; by striking images and inserting visual depictions ; and by striking commingled or interspersed among the images of apparent child pornography within a particular communication or user created folder or directory and inserting reasonably accessible and may provide context or additional information about the reported material or person ; and in paragraph (3), as so redesignated, by striking An electronic communication service or remote computing service and inserting A provider .