§13032. Reporting of child pornography by electronic communication service providers

(a) Definitions

In this section-

(1) the term "electronic communication service" has the meaning given the term in section 2510 of title 18; and

(2) the term "remote computing service" has the meaning given the term in section 2711 of title 18.

(b) Requirements

(1) Duty to report.-Whoever, while engaged in providing an electronic communication service or a remote computing service to the public, through a facility or means of interstate or foreign commerce, obtains knowledge of facts or circumstances from which a violation of section 2251, 2251A, 2252, 2252A, 2252B, or 2260 of title 18, involving child pornography (as defined in section 2256 of that title), or a violation of section 1466A of that title, is apparent, shall, as soon as reasonably possible, make a report of such facts or circumstances to the Cyber Tip Line ¹ at the National Center for Missing and Exploited Children, which shall forward that report to a law enforcement agency or agencies designated by the Attorney General.

(2) Designation of agencies.-Not later than 180 days after October 30, 1998, the Attorney General shall designate the law enforcement agency or agencies to which a report shall be forwarded under paragraph (1).

(3) In addition to forwarding such reports to those agencies designated in subsection (b)(2) of this section, the National Center for Missing and Exploited Children is authorized to forward any such report to an appropriate official of a state or subdivision of a state for the purpose of enforcing state criminal law.

(4) Failure to report.-A provider of electronic communication services or remote computing services described in paragraph (1) who knowingly and willfully fails to make a report under that paragraph shall be fined-

(A) in the case of an initial failure to make a report, not more than $50,000; and

(B) in the case of any second or subsequent failure to make a report, not more than $100,000.

(c) Civil liability

No provider or user of an electronic communication service or a remote computing service to the public shall be held liable on account of any action taken in good faith to comply with or pursuant to this section.

(d) Limitation of information or material required in report

A report under subsection (b)(1) of this section may include additional information or material developed by an electronic communication service or remote computing service, except that the Federal Government may not require the production of such information or material in that report.

(e) Monitoring not required

Nothing in this section may be construed to require a provider of electronic communication services or remote computing services to engage in the monitoring of any user, subscriber, or customer of that provider, or the content of any communication of any such person.

(f) Conditions of disclosure of information contained within report

(1) In general

No law enforcement agency that receives a report under subsection (b)(1) of this section shall disclose any information contained in that report, except that disclosure of such information may be made-

(A) to an attorney for the government for use in the performance of the official duties of the attorney;

(B) to such officers and employees of the law enforcement agency, as may be necessary in the performance of their investigative and recordkeeping functions;

(C) 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; or

(D) where 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.

(2) Definitions

In this subsection, the terms "attorney for the government" and "State" have the meanings given those terms in Rule 54 of the Federal Rules of Criminal Procedure.

(g) Limitation on liability

(1) In general

Except as provided in paragraphs (2) and (3), the National Center for Missing and Exploited Children, including any of its directors, officers, employees, or agents, is not liable in any civil or criminal action arising from the performance of its CyberTipline responsibilities and functions, as defined by this section, or from its efforts to identify child victims.

(2) Intentional, reckless, or other misconduct

Paragraph (1) does not apply in an action in which a party proves that the National Center for Missing and Exploited Children, or its officer, employee, or agent as the case may be, engaged in intentional misconduct or acted, or failed to act, with actual malice, with reckless disregard to a substantial risk of causing injury without legal justification, or for a purpose unrelated to the performance of responsibilities or functions under this section.

(3) Ordinary business activities

Paragraph (1) does not apply to an act or omission related to an ordinary business activity, such as an activity involving general administration or operations, the use of motor vehicles, or personnel management.

(Pub. L. 101–647, title II, §227, as added Pub. L. 105–314, title VI, §604(a), Oct. 30, 1998, 112 Stat. 2983 ; amended Pub. L. 106–113, div. B, §1000(a)(1) [title I, §121], Nov. 29, 1999, 113 Stat. 1535 , 1501A-23; Pub. L. 108–21, title V, §508(a), Apr. 30, 2003, 117 Stat. 683 ; Pub. L. 109–248, title I, §130, July 27, 2006, 120 Stat. 601 .)

References in Text

Rule 54 of the Federal Rules of Criminal Procedure, referred to in subsec. (f)(2), is set out in the Appendix to Title 18, Crimes and Criminal Procedure.

Amendments

2006-Subsec. (g). Pub. L. 109–248 added subsec. (g).

2003-Subsec. (b)(1). Pub. L. 108–21, §508(a)(1), inserted "2252B," after "2252A," and "or a violation of section 1466A of that title," after "of that title),".

Subsec. (b)(3), (4). Pub. L. 108–21, §508(a)(4), (5), added par. (3) and redesignated former par. (3) as (4).

Subsec. (c). Pub. L. 108–21, §508(a)(2), inserted "or pursuant to" after "to comply with".

Subsec. (f)(1)(D). Pub. L. 108–21, §508(a)(3), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: "as permitted by a court at the request of an attorney for the government, upon a showing that such information may disclose 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."

1999-Subsec. (b)(1). Pub. L. 106–113, §1000(a)(1) [title I, §121(a)], inserted "to the Cyber Tip Line at the National Center for Missing and Exploited Children, which shall forward that report" after "such facts or circumstances".

Subsec. (b)(2). Pub. L. 106–113, §1000(a)(1) [title I, §121(b)], substituted "forwarded" for "made".

¹ So in original. Probably should be "CyberTipline".