Text: S.3170 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-395 (12/21/2018)

 
[115th Congress Public Law 395]
[From the U.S. Government Publishing Office]



[[Page 132 STAT. 5287]]

Public Law 115-395
115th Congress

                                 An Act


 
 To amend title 18, United States Code, to make certain changes to the 
   reporting requirement of certain service providers regarding child 
          sexual exploitation visual depictions, and for other 
             purposes. <<NOTE: Dec. 21, 2018 -  [S. 3170]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: CyberTipline 
Modernization Act of 2018. 18 USC 1 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``CyberTipline Modernization Act of 
2018''.
SEC. 2. ALTERATIONS TO REPORTING REQUIREMENTS FOR ELECTRONIC 
                    SERVICE PROVIDERS AND REMOTE COMPUTING SERVICE 
                    PROVIDERS.

    Section 2258A of title 18, United States Code, is amended--
            (1) in the heading, by striking ``electronic communication 
        service providers and remote computing service providers'' and 
        inserting ``providers'';
            (2) in subsection (a)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) In general.--
                    ``(A) Duty.--In order to reduce the proliferation of 
                online child sexual exploitation and to prevent the 
                online sexual exploitation of children, a provider--
                          ``(i) 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
                          ``(ii) may, after obtaining actual knowledge 
                      of any facts or circumstances described in 
                      paragraph (2)(B), take the actions described in 
                      subparagraph (B).
                    ``(B) Actions described.--The actions described in 
                this subparagraph are--
                          ``(i) 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
                          ``(ii) making a report of such facts or 
                      circumstances to the CyberTipline, or any 
                      successor to the CyberTipline operated by 
                      NCMEC.''; and
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Facts or circumstances.--
                    ``(A) Apparent violations.--The facts or 
                circumstances described in this subparagraph are any 
                facts

[[Page 132 STAT. 5288]]

                or circumstances from which there is an apparent 
                violation of section 2251, 2251A, 2252, 2252A, 2252B, or 
                2260 that involves child pornography.
                    ``(B) Imminent violations.--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.'';
            (3) in subsection (b)--
                    (A) in the matter preceding paragraph (1)--
                          (i) by striking ``To the extent'' and 
                      inserting ``In an effort to prevent the future 
                      sexual victimization of children, and to the 
                      extent'';
                          (ii) by striking ``an electronic communication 
                      service provider or a remote computing service 
                      provider'' and inserting ``a provider''; and
                          (iii) by striking ``may include'' and 
                      inserting ``may, at the sole discretion of the 
                      provider, include'';
                    (B) in paragraph (1)--
                          (i) by inserting ``or plans to violate'' after 
                      ``who appears to have violated''; and
                          (ii) by inserting ``payment information 
                      (excluding personally identifiable information),'' 
                      after ``uniform resource locator,'';
                    (C) in paragraph (2)--
                          (i) by striking ``an electronic communication 
                      service or a remote computing service'' and 
                      inserting ``a provider'';
                          (ii) by striking ``apparent child 
                      pornography'' each place it appears and inserting 
                      ``content relating to the report''; and
                          (iii) by striking ``the electronic 
                      communication service provider or remote computing 
                      service provider'' and inserting ``the provider'';
                    (D) by amending paragraph (3) to read as follows:
            ``(3) Geographic location information.--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.'';
                    (E) in paragraph (4)--
                          (i) in the heading by striking ``Images'' and 
                      inserting ``Visual depictions'';
                          (ii) by striking ``image'' and inserting 
                      ``visual depiction''; and
                          (iii) by inserting ``or other content'' after 
                      ``apparent child pornography''; and
                    (F) in paragraph (5)--
                          (i) by striking ``image'' and inserting 
                      ``visual depiction'';
                          (ii) by inserting ``or other content'' after 
                      ``apparent child pornography''; and
                          (iii) by striking ``images'' and inserting 
                      ``visual depictions'';
            (4) by amending subsection (c) to read as follows:

[[Page 132 STAT. 5289]]

    ``(c) Forwarding of Report to Law Enforcement.--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:
            ``(1) Any Federal law enforcement agency that is involved in 
        the investigation of child sexual exploitation, kidnapping, or 
        enticement crimes.
            ``(2) Any State or local law enforcement agency that is 
        involved in the investigation of child sexual exploitation.
            ``(3) 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.'';
            (5) in subsection (d)--
                    (A) in paragraph (2), by striking ``shall designate 
                promptly the'' and inserting ``may designate a'';
                    (B) in paragraph (3)--
                          (i) in the matter preceding subparagraph (A), 
                      by striking ``shall promptly'' and inserting 
                      ``may''; and
                          (ii) in subparagraph (A), by striking 
                      ``designate the'' and inserting ``designate'';
                    (C) in paragraph (4)--
                          (i) by striking ``shall'' and inserting 
                      ``may'';
                          (ii) by striking ``the National Center for 
                      Missing and Exploited Children'' and inserting 
                      ``NCMEC''; and
                          (iii) by striking ``electronic communication 
                      service providers, remote computing service 
                      providers'' and inserting ``providers'';
                    (D) by striking paragraph (5);
                    (E) by redesignating paragraph (6) as paragraph (5); 
                and
                    (F) by amending paragraph (5), as so redesignated, 
                to read as follows:
            ``(5) Notification to providers.--
                    ``(A) In general.--NCMEC may notify a provider of 
                the information described in subparagraph (B), if--
                          ``(i) 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
                          ``(ii) NCMEC forwards the report described in 
                      clause (i) to--
                                    ``(I) the requesting foreign law 
                                enforcement agency; or
                                    ``(II) 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.

[[Page 132 STAT. 5290]]

                    ``(B) Information described.--The information 
                described in this subparagraph is--
                          ``(i) the identity of the foreign law 
                      enforcement agency to which the report was 
                      forwarded; and
                          ``(ii) the date on which the report was 
                      forwarded.
                    ``(C) Notification of inability to forward report.--
                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.'';
            (6) in subsection (e), by striking ``An electronic 
        communication service provider or remote computing service 
        provider'' and inserting ``A provider'';
            (7) in subsection (f)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``an electronic communication service provider 
                or a remote computing service provider'' and inserting 
                ``a provider''; and
                    (B) in paragraph (3), by striking ``seek'' and 
                inserting ``search, screen, or scan for'';
            (8) in subsection (g)--
                    (A) in paragraph (2)--
                          (i) in subparagraph (A)(vi), by striking ``an 
                      electronic communication service provider or 
                      remote computing service provider'' and inserting 
                      ``a provider''; and
                          (ii) by amending subparagraph (B) to read as 
                      follows:
                    ``(B) Limitation.--Nothing in subparagraph (A)(vi) 
                authorizes a law enforcement agency to provide visual 
                depictions of apparent child pornography to a 
                provider.'';
                    (B) in paragraph (3)--
                          (i) in the paragraph heading, by striking 
                      ``the national center for missing and exploited 
                      children'' and inserting ``NCMEC'';
                          (ii) in the matter preceding subparagraph 
                      (A)--
                                    (I) by striking ``The National 
                                Center for Missing and Exploited 
                                Children'' and inserting ``NCMEC'';
                                    (II) by inserting after ``may 
                                disclose'' the following: ``by mail, 
                                electronic transmission, or other 
                                reasonable means,''; and
                                    (III) by striking ``only'' and 
                                inserting ``only to'';
                          (iii) in subparagraph (A)--
                                    (I) by striking `` to any Federal 
                                law enforcement agency'' and inserting 
                                ``any Federal law enforcement agency''; 
                                and
                                    (II) 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'';
                          (iv) in subparagraph (B)--
                                    (I) by striking ``to any State'' and 
                                inserting ``any State''; and

[[Page 132 STAT. 5291]]

                                    (II) by striking ``child 
                                pornography, child exploitation'' and 
                                inserting ``child sexual exploitation'';
                          (v) in subparagraph (C)--
                                    (I) by striking ``to any foreign law 
                                enforcement agency'' and inserting ``any 
                                foreign law enforcement agency''; and
                                    (II) 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;'';
                          (vi) in subparagraph (D)--
                                    (I) by striking ``to an electronic 
                                communication service provider or remote 
                                computing service provider'' and 
                                inserting ``a provider''; and
                                    (II) by striking the period at the 
                                end and inserting ``; and''; and
                          (vii) by adding after subparagraph (D) the 
                      following:
                    ``(E) respond to legal process, as necessary.''; and
                    (C) by adding at the end the following:
            ``(4) Permitted disclosure by a provider.--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
            (9) in subsection (h)--
                    (A) in paragraph (1)--
                          (i) 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
                          (ii) 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'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraphs (3) through (5) as 
                paragraphs (2) through (4), respectively;
                    (D) in paragraph (2), as so redesignated--
                          (i) in the heading, by striking ``images'' and 
                      inserting ``content'';
                          (ii) by striking ``an electronic communication 
                      service provider or a remote computing service'' 
                      and inserting ``a provider'';
                          (iii) by striking ``images'' and inserting 
                      ``visual depictions''; and
                          (iv) by striking ``commingled or interspersed 
                      among the images of apparent child pornography 
                      within a particular communication or user created 
                      folder or

[[Page 132 STAT. 5292]]

                      directory'' and inserting ``reasonably accessible 
                      and may provide context or additional information 
                      about the reported material or person''; and
                    (E) in paragraph (3), as so redesignated, by 
                striking ``An electronic communication service or remote 
                computing service'' and inserting ``A provider''.
SEC. 3. LIMITED LIABILITY FOR PROVIDERS OR DOMAIN NAME REGISTRARS.

    Section 2258B of title 18, United States Code, is amended--
            (1) in the heading--
                    (A) by striking ``electronic communication service 
                providers, remote computing service providers,'' and 
                inserting ``providers''; and
                    (B) by striking ``registrar'' and inserting 
                ``registrars'';
            (2) in subsection (a)--
                    (A) by striking ``an electronic communication 
                service provider, a remote computing service provider,'' 
                and inserting ``a provider''; and
                    (B) by striking ``such electronic communication 
                service provider, remote computing service provider,'' 
                each place it appears and inserting ``such provider'';
            (3) in subsection (b), by striking ``electronic 
        communication service provider, remote computing service 
        provider,'' each place it appears and inserting ``provider''; 
        and
            (4) in subsection (c)--
                    (A) by striking ``image'' each place it appears and 
                inserting ``visual depiction''; and
                    (B) in the matter preceding paragraph (1), by 
                striking ``An electronic communication service provider, 
                a remote computing service provider,'' and inserting ``A 
                provider''.
SEC. 4. USE TO COMBAT CHILD PORNOGRAPHY OF TECHNICAL ELEMENTS 
                    RELATING TO REPORTS MADE TO CYBERTIPLINE.

    Section 2258C of title 18, United States Code, is amended--
            (1) in the heading, by striking ``to images reported to'' 
        and inserting ``to reports made to'';
            (2) in subsection (a)--
                    (A) in paragraph (1)--
                          (i) by striking ``The National Center for 
                      Missing and Exploited Children'' and inserting 
                      ``NCMEC'';
                          (ii) by striking ``apparent child pornography 
                      image of an identified child'' and inserting 
                      ``CyberTipline report'';
                          (iii) by striking ``an electronic 
                      communication service provider or a remote 
                      computing service provider'' and inserting ``a 
                      provider'';
                          (iv) by striking ``that electronic 
                      communication service provider or remote computing 
                      service provider'' and inserting ``that 
                      provider''; and
                          (v) by striking ``further transmission of 
                      images'' and inserting ``online sexual 
                      exploitation of children'';
                    (B) in paragraph (2), by striking ``specific image, 
                Internet location of images, and other technological 
                elements that can be used to identify and stop the 
                transmission of child pornography'' and inserting 
                ``specific visual depiction, including an Internet 
                location and any other elements provided in a 
                CyberTipline report that can be used to

[[Page 132 STAT. 5293]]

                identify, prevent, curtail, or stop the transmission of 
                child pornography and prevent the online sexual 
                exploitation of children''; and
                    (C) in paragraph (3), by striking ``actual images'' 
                and inserting ``actual visual depictions of apparent 
                child pornography'';
            (3) in subsection (b)--
                    (A) in the heading, by striking ``Electronic 
                Communication Service Providers and Remote Computing 
                Service Providers'' and inserting ``Providers'';
                    (B) by striking ``electronic communication service 
                provider or remote computing service provider'' each 
                place it appears and inserting ``provider'';
                    (C) by striking ``apparent child pornography image 
                of an identified child from the National Center for 
                Missing and Exploited Children'' and inserting 
                ``CyberTipline report from NCMEC'';
                    (D) by striking ``shall not relieve that'' and 
                inserting ``shall not relieve the''; and
                    (E) by striking ``its reporting obligations'' and 
                inserting ``reporting'';
            (4) in subsection (c)--
                    (A) by striking ``electronic communication service 
                providers or remote computing service providers'' and 
                inserting ``providers'';
                    (B) by striking ``apparent child pornography image 
                of an identified child from the National Center for 
                Missing and Exploited Children'' and inserting 
                ``CyberTipline report from NCMEC''; and
                    (C) by striking ``further transmission of the 
                images'' and inserting ``online sexual exploitation of 
                children'';
            (5) in subsection (d)--
                    (A) by striking ``The National Center for Missing 
                and Exploited Children shall'' and inserting ``NCMEC 
                may'';
                    (B) by inserting after ``local law enforcement'' the 
                following: ``, and to foreign law enforcement agencies 
                described in section 2258A(c)(3),'';
                    (C) by striking ``investigation of child 
                pornography'' and inserting ``investigation of child 
                sexual exploitation'';
                    (D) by striking ``image of an identified child'' and 
                inserting ``visual depiction''; and
                    (E) by striking ``reported to the National Center 
                for Missing and Exploited Children'' and inserting 
                ``reported to the CyberTipline''; and
            (6) in subsection (e)--
                    (A) by inserting before ``Federal'' the following: 
                ``foreign,'';
                    (B) by striking ``image of an identified child from 
                the National Center for Missing and Exploited Children 
                under section (d)'' and inserting ``visual depiction 
                from NCMEC under subsection (d)'';
                    (C) by striking ``child pornography crimes'' and 
                inserting ``child sexual exploitation crimes,''; and
                    (D) by inserting before the period at the end the 
                following: ``and prevent future sexual victimization of 
                children''.

[[Page 132 STAT. 5294]]

SEC. 5. LIMITED LIABILITY FOR NCMEC.

    Section 2258D of title 18, United States Code, is amended--
            (1) in the heading, by striking ``the National Center for 
        Missing and Exploited Children'' and inserting ``NCMEC'';
            (2) in subsection (a)--
                    (A) by striking ``Except as provided'' and inserting 
                ``Pursuant to its clearinghouse role as a private, 
                nonprofit organization and its mission to help find 
                missing children, reduce online sexual exploitation of 
                children and prevent future victimization, and except as 
                provided'';
                    (B) by striking ``the National Center for Missing 
                and Exploited Children'' and inserting ``NCMEC'';
                    (C) by striking ``(42 U.S.C. 5773)'' and inserting 
                ``(34 U.S.C. 11293)'';
                    (D) by striking ``such center'' each place it 
                appears and inserting ``NCMEC''; and
                    (E) by striking ``from the effort'' and inserting 
                ``from the efforts'';
            (3) in subsection (b)--
                    (A) by striking ``the National Center for Missing 
                and Exploited Children'' and inserting ``NCMEC'';
                    (B) by striking ``such center'' and inserting 
                ``NCMEC''; and
                    (C) by striking ``(42 U.S.C. 5773)'' and inserting 
                ``(34 U.S.C. 11293)''; and
            (4) in subsection (d)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``The National Center for Missing and Exploited 
                Children'' and inserting ``NCMEC''; and
                    (B) by striking ``image'' each place it appears and 
                inserting ``visual depiction''.
SEC. 6. DEFINITIONS.

    Section 2258E of title 18, United States Code, is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``2258D'' and inserting ``2258E'';
            (2) in paragraph (5), by striking ``and'' at the end;
            (3) by redesignating paragraph (6) as paragraph (8); and
            (4) by inserting after paragraph (5) the following:
            ``(6) the term `provider' means an electronic communication 
        service provider or remote computing service;
            ``(7) the term `NCMEC' means the National Center for Missing 
        & Exploited Children; and''.
SEC. 7. TECHNICAL AND CONFORMING AMENDMENT.

    The table of sections for chapter 110 of title 18, United States 
Code, <<NOTE: 18 USC 2251 prec.>>  is amended by striking the items 
relating to sections 2258A, 2258B, 2258C, and 2258D and inserting the 
following:

``2258A. Reporting requirements of providers.
``2258B. Limited liability for providers or domain name registrars.

[[Page 132 STAT. 5295]]

``2258C. Use to combat child pornography of technical elements relating 
           to reports made to the CyberTipline.
``2258D. Limited liability for NCMEC.''.

    Approved December 21, 2018.

LEGISLATIVE HISTORY--S. 3170:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 164 (2018):
            Sept. 27, considered and passed Senate.
            Dec. 12, considered and passed House.

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