,,ic #aaeth ,,congress #b;d ,session ,s4 #cagj ,,in ,,the ,,house ,,of ,,representatives ,september #bh1 #bjah,referred to the ,committee on the ,judiciary ,,an ,,act ,to amend title #ah1 ,united ,states ,code1 to make certain changes to the reporting requirement of certain service providers regarding child sexual exploitation visual depictions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,cyber,tipline ,modernization ,act of #bjah4 #b4 ,alterations to reporting requirements for electronic service providers and remote computing service providers ,section #bbeh;,a of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the heading1 by striking electronic communication service providers and remote computing service providers and inserting providers2 7#b7 in subsection 7a7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general 7,a7 ,duty ,in order to reduce the proliferation of online child sexual exploitation and to prevent the online sexual exploitation of children1 a provider-- 7i7 shall1 as soon as reasonably possible after obtaining actual knowledge of any facts or circumstances described in paragraph 7#b77;,a71 take the actions described in subparagraph 7,b72 and 7ii7 may1 after obtaining actual knowledge of any facts or circumstances described in paragraph 7#b77;,b71 take the actions described in subparagraph 7,b74 7,b7 ,actions described ,the actions described in this subparagraph are-- 7i7 providing to the ,cyber,tipline of ,,ncmec1 or any successor to the ,cyber,tipline operated by ,,ncmec1 the mailing address1 telephone number1 facsimile number1 electronic mailing address of1 and individual point of contact for1 such provider2 and 7ii7 making a report of such facts or circumstances to the ,cyber,tipline1 or any successor to the ,cyber,tipline operated by ,,ncmec4 2 and 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,facts or circumstances 7,a7 ,apparent violations ,the facts or circumstances described in this subparagraph are any facts or circumstances from which there is an apparent violation of section #bbea1 #bbea;,a1 #bbeb1 #bbeb;,a1 #bbeb;,b1 or #bbfj that involves child pornography4 7,b7 ,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 7,a7 involving child pornography may be planned or imminent4 2 7#c7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking ,to the extent and inserting ,in an effort to prevent the future sexual victimization of children1 and to the extent2 7ii7 by striking an electronic communication service provider or a remote computing service provider and inserting a provider2 and 7iii7 by striking may include and inserting may1 at the sole discretion of the provider1 include2 7,b7 in paragraph 7#a7-- 7i7 by inserting or plans to violate after who appears to have violated2 and 7ii7 by inserting payment information 7excluding personally identifiable information71 after uniform resource locator12 7,c7 in paragraph 7#b7-- 7i7 by striking an electronic communication service or a remote computing service and inserting a provider2 7ii7 by striking apparent child pornography each place it appears and inserting content relating to the report2 and 7iii7 by striking the electronic communication service provider or remote computing service provider and inserting the provider2 7,d7 by amending paragraph 7#c7 to read as follows3 7#c7 ,geographic location information ,information relating to the geographic location of the involved individual or website1 which may include the ,internet ,protocol address or verified address1 or1 if not reasonably available1 at least one form of geographic identifying information1 including area code or zip code1 provided by the customer or subscriber1 or stored or obtained by the provider4 2 7,e7 in paragraph 7#d7-- 7i7 in the heading by striking ,images and inserting ,visual depictions2 7ii7 by striking image and inserting visual depiction2 and 7iii7 by inserting or other content after apparent child pornography2 and 7,f7 in paragraph 7#e7-- 7i7 by striking image and inserting visual depiction2 7ii7 by inserting or other content after apparent child pornography2 and 7iii7 by striking images and inserting visual depictions2 7#d7 by amending subsection 7c7 to read as follows3 7c7 ,forwarding of report to law enforcement ,pursuant to its clearinghouse role as a private1 nonprofit organization1 and at the conclusion of its review in furtherance of its nonprofit mission1 ,,ncmec shall make available each report made under subsection 7a77#a7 to one or more of the following law enforcement agencies3 7#a7 ,any ,federal law enforcement agency that is involved in the investigation of child sexual exploitation1 kidnapping1 or enticement crimes4 7#b7 ,any ,state or local law enforcement agency that is involved in the investigation of child sexual exploitation4 7#c7 ,a foreign law enforcement agency designated by the ,attorney ,general under subsection 7d77#c7 or a foreign law enforcement agency that has an established relationship with the ,federal ,bureau of ,investigation1 ,immigration and ,customs ,enforcement1 or ,,interpol1 and is involved in the investigation of child sexual exploitation1 kidnapping1 or enticement crimes4 2 7#e7 in subsection 7d7-- 7,a7 in paragraph 7#b71 by striking shall designate promptly the and inserting may designate a2 7,b7 in paragraph 7#c7-- 7i7 in the matter preceding subparagraph 7,a71 by striking shall promptly and inserting may2 and 7ii7 in subparagraph 7,a71 by striking designate the and inserting designate2 7,c7 in paragraph 7#d7-- 7i7 by striking shall and inserting may2 7ii7 by striking the ,national ,center for ,missing and ,exploited ,children and inserting ,,ncmec2 and 7iii7 by striking electronic communication service providers1 remote computing service providers and inserting providers2 7,d7 by striking paragraph 7#e72 7,e7 by redesignating paragraph 7#f7 as paragraph 7#e72 and 7,f7 by amending paragraph 7#e71 as so redesignated1 to read as follows3 7#e7 ,notification to providers 7,a7 ,in general ,,ncmec may notify a provider of the information described in subparagraph 7,b71 if-- 7i7 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 agency2 and 7ii7 ,,ncmec forwards the report described in clause 7i7 to-- 7,i7 the requesting foreign law enforcement agency2 or 7,,ii7 another agency in the same country designated by the ,attorney ,general under paragraph 7#c7 or that has an established relationship with the ,federal ,bureau of ,investigation1 ,u4,s4 ,immigration and ,customs ,enforcement1 or ,,interpol and is involved in the investigation of child sexual exploitation1 kidnapping1 or enticement crimes4 7,b7 ,information described ,the information described in this subparagraph is-- 7i7 the identity of the foreign law enforcement agency to which the report was forwarded2 and 7ii7 the date on which the report was forwarded4 7,c7 ,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 7,a77ii71 ,,ncmec shall notify the provider that ,,ncmec was unable to forward the report4 2 7#f7 in subsection 7e71 by striking ,an electronic communication service provider or remote computing service provider and inserting ,a provider2 7#g7 in subsection 7f7-- 7,a7 in the matter preceding paragraph 7#a71 by striking an electronic communication service provider or a remote computing service provider and inserting a provider2 and 7,b7 in paragraph 7#c71 by striking seek and inserting search1 screen1 or scan for2 7#h7 in subsection 7g7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a77vi71 by striking an electronic communication service provider or remote computing service provider and inserting a provider2 and 7ii7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,limitation ,nothing in subparagraph 7,a77vi7 authorizes a law enforcement agency to provide visual depictions of apparent child pornography to a provider4 2 7,b7 in paragraph 7#c7-- 7i7 in the paragraph heading1 by striking the ,national ,center for ,missing and ,exploited ,children and inserting ,,ncmec2 7ii7 in the matter preceding subparagraph 7,a7-- 7,i7 by striking ,the ,national ,center for ,missing and ,exploited ,children and inserting ,,ncmec2 7,,ii7 by inserting after may disclose the following3 by mail1 electronic transmission1 or other reasonable means12 and 7,,iii7 by striking only and inserting only to2 7iii7 in subparagraph 7,a7-- 7,i7 by striking to any ,federal law enforcement agency and inserting any ,federal law enforcement agency2 and 7,,ii7 by inserting before the semicolon at the end the following3 or that is involved in the investigation of child sexual exploitation1 kidnapping1 or enticement crimes2 7iv7 in subparagraph 7,b7-- 7,i7 by striking to any ,state and inserting any ,state2 and 7,,ii7 by striking child pornography1 child exploitation and inserting child sexual exploitation2 7v7 in subparagraph 7,c7-- 7,i7 by striking to any foreign law enforcement agency and inserting any foreign law enforcement agency2 and 7,,ii7 by striking 2 and and inserting or that has an established relationship with the ,federal ,bureau of ,investigation1 ,immigration and ,customs ,enforcement1 or ,,interpol1 and is involved in the investigation of child sexual exploitation1 kidnapping1 or enticement crimes22 7vi7 in subparagraph 7,d7-- 7,i7 by striking to an electronic communication service provider or remote computing service provider and inserting a provider2 and 7,,ii7 by striking the period at the end and inserting 2 and2 and 7vii7 by adding after subparagraph 7,d7 the following3 7,e7 respond to legal process1 as necessary4 2 and 7,c7 by adding at the end the following3 7#d7 ,permitted disclosure by a provider ,a provider that submits a report under subsection 7a77#a7 may disclose by mail1 electronic transmission1 or other reasonable means1 information1 including visual depictions contained in the report1 in a manner consistent with permitted disclosures under paragraphs 7#c7 through 7#h7 of section #bgjb7;b7 only to a law enforcement agency described in subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#c71 to ,,ncmec1 or as necessary to respond to legal process4 2 and 7#i7 in subsection 7h7-- 7,a7 in paragraph 7#a7-- 7i7 by striking the notification to an electronic communication service provider or a remote computing service provider by the ,cyber,tipline of receipt of a report and inserting a completed submission by a provider of a report to the ,cyber,tipline2 and 7ii7 by striking 1 as if such request was made pursuant to section #bgjc7;f7 and inserting the contents provided in the report for #ij days after the submission to the ,cyber,tipline2 7,b7 by striking paragraph 7#b72 7,c7 by redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#b7 through 7#d71 respectively2 7,d7 in paragraph 7#b71 as so redesignated-- 7i7 in the heading1 by striking images and inserting content2 7ii7 by striking an electronic communication service provider or a remote computing service and inserting a provider2 7iii7 by striking images and inserting visual depictions2 and 7iv7 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 person2 and 7,e7 in paragraph 7#c71 as so redesignated1 by striking ,an electronic communication service or remote computing service and inserting ,a provider4 #c4 ,limited liability for providers or domain name registrars ,section #bbeh;,b of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the heading-- 7,a7 by striking electronic communication service providers1 remote computing service providers1 and inserting providers2 and 7,b7 by striking registrar and inserting registrars2 7#b7 in subsection 7a7-- 7,a7 by striking an electronic communication service provider1 a remote computing service provider1 and inserting a provider2 and 7,b7 by striking such electronic communication service provider1 remote computing service provider1 each place it appears and inserting such provider2 7#c7 in subsection 7b71 by striking electronic communication service provider1 remote computing service provider1 each place it appears and inserting provider2 and 7#d7 in subsection 7c7-- 7,a7 by striking image each place it appears and inserting visual depiction2 and 7,b7 in the matter preceding paragraph 7#a71 by striking ,an electronic communication service provider1 a remote computing service provider1 and inserting ,a provider4 #d4 ,use to combat child pornography of technical elements relating to reports made to ,cyber,tipline ,section #bbeh;,c of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the heading1 by striking to images reported to and inserting to reports made to2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,the ,national ,center for ,missing and ,exploited ,children and inserting ,,ncmec2 7ii7 by striking apparent child pornography image of an identified child and inserting ,cyber,tipline report2 7iii7 by striking an electronic communication service provider or a remote computing service provider and inserting a provider2 7iv7 by striking that electronic communication service provider or remote computing service provider and inserting that provider2 and 7v7 by striking further transmission of images and inserting online sexual exploitation of children2 7,b7 in paragraph 7#b71 by striking specific image1 ,internet location of images1 and other technological elements that can be used to identify and stop the transmission of child pornography and inserting specific visual depiction1 including an ,internet location and any other elements provided in a ,cyber,tipline report that can be used to identify1 prevent1 curtail1 or stop the transmission of child pornography and prevent the online sexual exploitation of children2 and 7,c7 in paragraph 7#c71 by striking actual images and inserting actual visual depictions of apparent child pornography2 7#c7 in subsection 7b7-- 7,a7 in the heading1 by striking electronic communication service providers and remote computing service providers and inserting providers2 7,b7 by striking electronic communication service provider or remote computing service provider each place it appears and inserting provider2 7,c7 by striking apparent child pornography image of an identified child from the ,national ,center for ,missing and ,exploited ,children and inserting ,cyber,tipline report from ,,ncmec2 7,d7 by striking shall not relieve that and inserting shall not relieve the2 and 7,e7 by striking its reporting obligations and inserting reporting2 7#d7 in subsection 7c7-- 7,a7 by striking electronic communication service providers or remote computing service providers and inserting providers2 7,b7 by striking apparent child pornography image of an identified child from the ,national ,center for ,missing and ,exploited ,children and inserting ,cyber,tipline report from ,,ncmec2 and 7,c7 by striking further transmission of the images and inserting online sexual exploitation of children2 7#e7 in subsection 7d7-- 7,a7 by striking ,the ,national ,center for ,missing and ,exploited ,children shall and inserting ,,ncmec may2 7,b7 by inserting after local law enforcement the following3 1 and to foreign law enforcement agencies described in section #bbeh;,a7c77#c712 7,c7 by striking investigation of child pornography and inserting investigation of child sexual exploitation2 7,d7 by striking image of an identified child and inserting visual depiction2 and 7,e7 by striking reported to the ,national ,center for ,missing and ,exploited ,children and inserting reported to the ,cyber,tipline2 and 7#f7 in subsection 7e7-- 7,a7 by inserting before ,federal the following3 foreign12 7,b7 by striking image of an identified child from the ,national ,center for ,missing and ,exploited ,children under section 7d7 and inserting visual depiction from ,,ncmec under subsection 7d72 7,c7 by striking child pornography crimes and inserting child sexual exploitation crimes12 and 7,d7 by inserting before the period at the end the following3 and prevent future sexual victimization of children4 #e4 ,limited liability for ,,ncmec ,section #bbeh;,d of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the heading1 by striking the ,national ,center for ,missing and ,exploited ,children and inserting ,,ncmec2 7#b7 in subsection 7a7-- 7,a7 by striking ,except as provided and inserting ,pursuant to its clearinghouse role as a private1 nonprofit organization and its mission to help find missing children1 reduce online sexual exploitation of children and prevent future victimization1 and except as provided2 7,b7 by striking the ,national ,center for ,missing and ,exploited ,children and inserting ,,ncmec2 7,c7 by striking 7#db ,u4,s4,c4 #eggc7 and inserting 7#cd ,u4,s4,c4 #aabic72 7,d7 by striking such center each place it appears and inserting ,,ncmec2 and 7,e7 by striking from the effort and inserting from the efforts2 7#c7 in subsection 7b7-- 7,a7 by striking the ,national ,center for ,missing and ,exploited ,children and inserting ,,ncmec2 7,b7 by striking such center and inserting ,,ncmec2 and 7,c7 by striking 7#db ,u4,s4,c4 #eggc7 and inserting 7#cd ,u4,s4,c4 #aabic72 and 7#d7 in subsection 7d7-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,the ,national ,center for ,missing and ,exploited ,children and inserting ,,ncmec2 and 7,b7 by striking image each place it appears and inserting visual depiction4 #f4 ,definitions ,section #bbeh;,e of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking #bbeh;,d and inserting #bbeh;,e2 7#b7 in paragraph 7#e71 by striking and at the end2 7#c7 by redesignating paragraph 7#f7 as paragraph 7#h72 and 7#d7 by inserting after paragraph 7#e7 the following3 7#f7 the term provider means an electronic communication service provider or remote computing service2 7#g7 the term ,,ncmec means the ,national ,center for ,missing ,exploited ,children2 and 4 #g4 ,technical and conforming amendment ,the table of sections for chapter #aaj of title #ah1 ,united ,states ,code1 is amended by striking the items relating to sections #bbeh;,a1 #bbeh;,b1 #bbeh;,c1 and #bbeh;,d and inserting the following3 #bbeh;,a4 ,reporting requirements of providers4#bbeh;,b4 ,limited liability for providers or domain name registrars4#bbeh;,c4 ,use to combat child pornography of technical elements relating to reports made to the ,cyber,tipline4#bbeh;,d4 ,limited liability for ,,ncmec4 4 ,passed the ,senate ,september #bg1 #bjah4;,julie ,e4 ,adams1,secretary