Text: S.431 — 110th Congress (2007-2008)All Information (Except Text)

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Public Law No: 110-400 (10/13/2008)

[110th Congress Public Law 400]
[From the U.S. Government Printing Office]

[DOCID: f:publ400.110]

[[Page 4223]]


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Public Law 110-400
110th Congress

                                 An Act

 To require convicted sex offenders to register online identifiers, and 
        for other purposes. <<NOTE: Oct. 13, 2008 -  [S. 431]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Keeping the Internet Devoid 
of Sexual Predators Act of 2008. 42 USC 16901 note.>> assembled,

    This Act may be cited as the ``Keeping the Internet Devoid of Sexual 
Predators Act of 2008'' or the ``KIDS Act of 2008''.

    (a) <<NOTE: Records.>> 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.-- 
<<NOTE: Procedures.>> 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 

    (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

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                          (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.
                    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) <<NOTE: Procedures.>> 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 
            (4) a statement explaining why the website seeks to use the 
            (5) a description of policies and procedures to ensure 
                    (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; 
                    (B) <<NOTE: Notification.>> 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

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                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 
                    (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 
                    (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 
                    (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 
                    (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 
                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.

[[Page 122 STAT. 4227]]

                    (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 
                          (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.
                    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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    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to grants provided on or after the date of the enactment of this 

    Approved October 13, 2008.


SENATE REPORTS: No. 110-332 (Comm. on the Judiciary).
            May 20, considered and passed Senate.
            Sept. 27, considered and passed House, amended.
            Sept. 30, Senate concurred in House amendment.


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