(a)
(1)
(A)
(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)
(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.
(2)
(A)
(B)
(b)
(1)
(2)
(3)
(4)
(5)
(A) any data or information regarding the transmission of the communication; and
(B) any visual depictions, data, or other digital files contained in, or attached to, the communication.
(c)
(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.
(d)
(1)
(2)
(3)
(A) in consultation with the Secretary of State, designate foreign law enforcement agencies to which a report may be forwarded under subsection (c)(3);
(B) establish the conditions under which such a report may be forwarded to such agencies; and
(C) develop a process for foreign law enforcement agencies to request assistance from Federal law enforcement agencies in obtaining evidence related to a report referred under subsection (c)(3).
(4)
(5)
(A)
(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.
(B)
(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)
(e)
(1) in the case of an initial knowing and willful failure to make a report, not more than $150,000; and
(2) in the case of any second or subsequent knowing and willful failure to make a report, not more than $300,000.
(f)
(1) monitor any user, subscriber, or customer of that provider;
(2) monitor the content of any communication of any person described in paragraph (1); or
(3) affirmatively search, screen, or scan for facts or circumstances described in sections (a) and (b).
(g)
(1)
(2)
(A)
(i) to an attorney for the government for use in the performance of the official duties of that attorney;
(ii) to such officers and employees of that law enforcement agency, as may be necessary in the performance of their investigative and recordkeeping functions;
(iii) to such other government personnel (including personnel of a State or subdivision of a State) as are determined to be necessary by an attorney for the government to assist the attorney in the performance of the official duties of the attorney in enforcing Federal criminal law;
(iv) if the report discloses a violation of State criminal law, to an appropriate official of a State or subdivision of a State for the purpose of enforcing such State law;
(v) to a defendant in a criminal case or the attorney for that defendant, subject to the terms and limitations under section 3509(m) or a similar State law, to the extent the information relates to a criminal charge pending against that defendant;
(vi) subject to subparagraph (B), to a provider if necessary to facilitate response to legal process issued in connection to a criminal investigation, prosecution, or post-conviction remedy relating to that report; and
(vii) as ordered by a court upon a showing of good cause and pursuant to any protective orders or other conditions that the court may impose.
(B)
(3)
(A) any Federal law enforcement agency designated by the Attorney General under subsection (d)(2) or that is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes;
(B) any State, local, or tribal law enforcement agency involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes;
(C) any foreign law enforcement agency designated by the Attorney General under subsection (d)(3) 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;
(D) a provider as described in section 2258C; and
(E) respond to legal process, as necessary.
(4)
(h)
(1)
(2)
(3)
(4)
Amendments
2018—Pub. L. 115–395, §2(1), substituted "providers" for "electronic communication service providers and remote computing service providers" in section catchline.
Subsec. (a)(1). Pub. L. 115–395, §2(2)(A), amended par. (1) generally. Prior to amendment, par. (1) related to general reporting duty of electronic communication service providers.
Subsec. (a)(2). Pub. L. 115–395, §2(2)(B), amended par. (2) generally. Prior to amendment, par. (2) described facts or circumstances of apparent violations requiring report.
Subsec. (b). Pub. L. 115–395, §2(3)(A), in introductory provisions, substituted "In an effort to prevent the future sexual victimization of children, and to the extent the information is within the custody or control of a provider, the facts and circumstances included in each report under subsection (a)(1) may, at the sole discretion of the provider, include" for "To the extent the information is within the custody or control of an electronic communication service provider or a remote computing service provider, the facts and circumstances included in each report under subsection (a)(1) may include".
Subsec. (b)(1). Pub. L. 115–395, §2(3)(B), inserted "or plans to violate" after "who appears to have violated" and "payment information (excluding personally identifiable information)," after "uniform resource locator,".
Subsec. (b)(2). Pub. L. 115–395, §2(3)(C), substituted "a provider uploaded, transmitted, or received content relating to the report or when and how content relating to the report was reported to, or discovered by the provider" for "an electronic communication service or a remote computing service uploaded, transmitted, or received apparent child pornography or when and how apparent child pornography was reported to, or discovered by the electronic communication service provider or remote computing service provider".
Subsec. (b)(3). Pub. L. 115–395, §2(3)(D), amended par. (3) generally. Prior to amendment, text read as follows:
"(A)
"(B)
Subsec. (b)(4). Pub. L. 115–395, §2(3)(E), in heading, substituted "Visual depictions" for "Images" and, in text, substituted "visual depiction" for "image" and inserted "or other content" after "apparent child pornography".
Subsec. (b)(5). Pub. L. 115–395, §2(3)(F), substituted "visual depiction" for "image" and inserted "or other content" after "apparent child pornography" in introductory provisions and substituted "visual depictions" for "images" in subpar. (B).
Subsec. (c). Pub. L. 115–395, §2(4), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to forwarding of reports to domestic and foreign law enforcement agencies.
Subsec. (d)(2). Pub. L. 115–395, §2(5)(A), substituted "may designate a" for "shall designate promptly the".
Subsec. (d)(3). Pub. L. 115–395, §2(5)(B), substituted "may" for "shall promptly" in introductory provisions and "designate" for "designate the" in subpar. (A).
Subsec. (d)(4). Pub. L. 115–395, §2(5)(C), substituted "may" for "shall", "NCMEC" for "the National Center for Missing and Exploited Children", and "providers" for "electronic communication service providers, remote computing service providers".
Subsec. (d)(5). Pub. L. 115–395, §2(5)(E), (F), redesignated par. (6) as (5) and amended it generally. Prior to amendment, par. related to contents of Center's notification to providers of report forwarded at request of foreign law enforcement agency.
Pub. L. 115–395, §2(5)(D), struck out par. (5). Text read as follows: "It is the sense of Congress that—
"(A) combating the international manufacturing, possession, and trade in online child pornography requires cooperation with competent, qualified, and appropriately trained foreign law enforcement agencies; and
"(B) the Attorney General, in cooperation with the Secretary of State, should make a substantial effort to expand the list of foreign agencies designated under paragraph (3)."
Subsec. (d)(6). Pub. L. 115–395, §2(5)(E), redesignated par. (6) as (5).
Subsec. (e). Pub. L. 115–395, §2(6), substituted "A provider" for "An electronic communication service provider or remote computing service provider".
Subsec. (f). Pub. L. 115–395, §2(7)(A), substituted "a provider" for "an electronic communication service provider or a remote computing service provider" in introductory provisions.
Subsec. (f)(3). Pub. L. 115–395, §2(7)(B), substituted "search, screen, or scan for" for "seek".
Subsec. (g)(2)(A)(vi). Pub. L. 115–395, §2(8)(A)(i), which directed substitution of "a provider" for "an electronic communication service provider or remote computing service provider", was executed by making the substitution for "an electronic communication service provider or remote computing provider", to reflect the probable intent of Congress.
Subsec. (g)(2)(B). Pub. L. 115–395, §2(8)(A)(ii), amended subpar. (B) generally. Prior to amendment, text read as follows:
"(i)
"(ii)
Subsec. (g)(3). Pub. L. 115–395, §2(8)(B)(i), (ii), in heading, substituted "NCMEC" for "
Subsec. (g)(3)(A). Pub. L. 115–395, §2(8)(B)(iii), substituted "any Federal law enforcement agency" for "to any Federal law enforcement agency" and inserted "or that is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes" before semicolon at end.
Subsec. (g)(3)(B). Pub. L. 115–395, §2(8)(B)(iv), substituted "any State" for "to any State" and "child sexual exploitation" for "child pornography, child exploitation".
Subsec. (g)(3)(C). Pub. L. 115–395, §2(8)(B)(v), substituted "any foreign law enforcement agency" for "to any foreign law enforcement agency" and "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;" for "; and".
Subsec. (g)(3)(D). Pub. L. 115–395, §2(8)(B)(vi), substituted "a provider" for "an electronic communication service provider or remote computing service provider" and "; and" for period at end.
Subsec. (g)(3)(E). Pub. L. 115–395, §2(8)(B)(vii), added subpar. (E).
Subsec. (g)(4). Pub. L. 115–395, §2(8)(C), added par. (4).
Subsec. (h)(1). Pub. L. 115–395, §2(9)(A), substituted "a completed submission by a provider of a report to the CyberTipline under subsection (a)(1) shall be treated as a request to preserve the contents provided in the report for 90 days after the submission to the CyberTipline" for "the notification to an electronic communication service provider or a remote computing service provider by the CyberTipline of receipt of a report under subsection (a)(1) shall be treated as a request to preserve, as if such request was made pursuant to section 2703(f)".
Subsec. (h)(2). Pub. L. 115–395, §2(9)(D), in heading, substituted "content" for "images" and, in text, substituted "a provider" for "an electronic communication service provider or a remote computing service", "visual depictions" for "images", and "reasonably accessible and may provide context or additional information about the reported material or person" for "commingled or interspersed among the images of apparent child pornography within a particular communication or user-created folder or directory". Final substitution, which directed striking out text containing "user created", was executed instead to text which contained "user-created", to reflect the probable intent of Congress.
Pub. L. 115–395, §2(9)(B), (C), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: "Pursuant to paragraph (1), an electronic communication service provider or a remote computing service shall preserve the contents of the report provided pursuant to subsection (b) for 90 days after such notification by the CyberTipline."
Subsec. (h)(3). Pub. L. 115–395, §2(9)(E), which directed substitution of "A provider" for "An electronic communication service or remote computing service", was executed by making the substitution for "An electronic communications service or remote computing service", to reflect the probable intent of Congress.
Pub. L. 115–395, §2(9)(C), redesignated par. (4) as (3). Former par. (3) redesignated (2).
Subsec. (h)(4), (5). Pub. L. 115–395, §2(9)(C), redesignated pars. (4) and (5) as (3) and (4), respectively.
Tried the LawStack mobile app?
Join thousands and try LawStack mobile for FREE today.
- Carry the law offline, wherever you go.
- Download CFR, USC, rules, and state law to your mobile device.
