Sec. 2. LIMITED LIABILITY MODERNIZATION
1,059 words·~5 min read·
/statute-compilations/comps-17650/sec-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 2 LIMITED LIABILITY MODERNIZATION ###
(a)Amendments Section 2258B of title 18, United States Code, is amended— ####
(1)in the section heading, by striking “providers or domain name registrars” and inserting “the reporting, storage, and handling of certain visual depictions of apparent child pornography to the National Center for Missing & Exploited Children”; ####
(2)in subsection (b)— #####
(A)in the matter preceding paragraph (1), by inserting “or charge” after “a claim”; and #####
(B)in paragraph (2)(C), by striking “this section,”; and ####
(3)by adding at the end the following: > > ### “(d) Limited Liability for NCMEC-Contracted Vendors > > > #### “(1) In general > > Except as provided in paragraph (2), a civil claim or criminal charge may not be brought in any Federal or State court against a vendor contractually retained and designated by NCMEC to support the duties of NCMEC under section 404(b)(1)(K) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)). > > > #### “(2) Intentional, reckless, or other misconduct > > Paragraph
(1)shall not apply to a claim or charge if the vendor— > > > ##### “(A) > > engaged in— > > > ###### “(i) > > intentional misconduct; or > > > ###### “(ii) > > negligent conduct; or > > > ##### “(B) > > 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— > > > ###### “(I) > > set forth in paragraph (1); or > > > ###### “(II) > > pursuant to sections 2258A, 2258C, 2702, or 2703. > > > #### “(3) Vendor cybersecurity requirements > > With respect to any visual depiction provided pursuant to the duties of NCMEC under section 404(b)(1)(K) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)) that is stored or transferred by a vendor contractually retained and designated by NCMEC to support such duties of NCMEC, a vendor shall— > > > ##### “(A) > > secure such visual depiction in a manner that is consistent with the most recent version of the Cybersecurity Framework developed by the National Institute of Standards and Technology, or any successor thereto; > > > ##### “(B) > > minimize the number of employees that may be able to obtain access to such visual depiction; > > > ##### “(C) > > employ end-to-end encryption for data storage and transfer functions, or an equivalent technological standard; > > > ##### “(D) > > undergo an independent annual cybersecurity audit to determine whether such visual depiction is secured as required under subparagraph (A); and > > > ##### “(E) > > promptly address all issues identified by an audit described in subparagraph (D). > > > ### “(e) Limited Liability for Reporting Apparent Child Pornography by an Individual Depicted in the Child Pornography as a Minor, or a Representative of Such Individual > > > #### “(1) In general > > Except as provided in paragraph (2), a civil claim or criminal charge may not be brought in any Federal or State court against an individual depicted in child pornography as a minor, or a representative of such individual, arising from a report to the NCMEC CyberTipline by the individual, or the representative of such individual, of information that relates to the child pornography in which the individual is depicted as a minor, including a copy of the child pornography. > > > #### “(2) Intentional, reckless, or other misconduct > > Paragraph
(1)shall not apply to a claim or charge if the individual, or the representative of such individual— > > > ##### “(A) > > engaged in— > > > ###### “(i) > > intentional misconduct; > > > ###### “(ii) > > negligent conduct; or > > > ###### “(iii) > > any activity which constitutes a violation of section 2251; or > > > ##### “(B) > > acted, or failed to act— > > > ###### “(i) > > with actual malice; or > > > ###### “(ii) > > with reckless disregard to a substantial risk of causing injury without legal justification. > > > #### “(3) Minimizing access > > With respect to any child pornography reported to the NCMEC CyberTipline by an individual depicted in the child pornography as a minor, or a representative of such individual, NCMEC shall minimize access to the child pornography and ensure the appropriate deletion of the child pornography, as set forth in section 2258D. > > > #### “(4) Definition > > For purposes of this subsection, the term ‘representative’, with respect to an individual depicted in child pornography— > > > ##### “(A) > > means— > > > ###### “(i) > > the parent or legal guardian of the individual, if the individual is under 18 years of age; > > > ###### “(ii) > > the legal guardian or other person appointed by a court to represent the individual; > > > ###### “(iii) > > a legal representative retained by the individual; > > > ###### “(iv) > > a representative of the estate of the individual; or > > > ###### “(v) > > a person who is a mandated reporter under section 226(a)(1) of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341(a)(1)); and > > > ##### “(B) > > does not include a person who engaged in any activity which constitutes a violation of section 2251.” > . ###
(b)Applicability **[**[18 U.S.C. 2258B note](/us/usc/t18/s2258B)**]** The amendments made by subsection
(a)shall apply with respect to a civil claim or criminal charge that is filed on or after the date of enactment of this Act. ###
(c)Table of Sections Amendment The table of sections for chapter 110 of title 18, United States Code, is amended by striking the item relating to section 2258B and inserting the following:" “2258B. Limited liability for the reporting, storage, and handling of certain visual depictions of apparent child pornography to the National Center for Missing & Exploited Children.” ".
Connectionstraces to 2
Traces to 2 documents
1 reference not yet in our index
- 18 USC 2258B
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources