[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 719 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 719
To require convicted sex offenders to register online identifiers, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 30, 2007
Mr. Pomeroy (for himself, Mr. Gillmor, Mr. Weiner, Mr. Chabot, and Mr.
Lampson) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To require convicted sex offenders to register online identifiers, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keeping the Internet Devoid of
Sexual Predators Act of 2007'' or the ``KIDS Act of 2007''.
SEC. 2. REGISTRATION OF ONLINE IDENTIFIERS OF SEX OFFENDERS.
(a) In General.--Section 114(a) of the Sex Offender Registration
and Notification Act (42 U.S.C. 16914(a)) is amended--
(1) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8); and
(2) by inserting after paragraph (3) the following:
``(4) Any electronic mail address, instant message address,
or other similar Internet identifier the sex offender used or
will use to communicate over the Internet.''.
(b) Updating of Information.--Section 113(c) of the Sex Offender
Registration and Notification Act (42 U.S.C. 16913(c)) is amended by
inserting ``and before any use of an electronic mail address, instant
message address, or other similar Internet identifier not provided
under subsection (b) by the sex offender to communicate over the
Internet,'' after ``or student status,''.
(c) Failure To Register Online Identifiers.--Section 2250 of title
18, United States Code, is amended--
(1) in subsection (b), by inserting ``or (d)'' after
``subsection (a)''; and
(2) by adding at the end the following:
``(d) Failure To Register Online Identifiers.--
``(1) In general.--It shall be unlawful for any person who
is required to register under the Sex Offender Registration and
Notification Act (42 U.S.C. 16901 et seq.) to fail to provide
an electronic mail address, instant message address, or other
similar Internet identifier used by that person to communicate
over the Internet to the appropriate official for inclusion in
the sex offender registry, as required under that Act.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned not more than 10 years,
or both.''.
SEC. 3. RELEASE OF ELECTRONIC MAIL ADDRESSES, INSTANT MESSAGE
ADDRESSES, OR OTHER SIMILAR INTERNET IDENTIFIERS.
(a) Public Access.--Section 118(b) of the Sex Offender Registration
and Notification Act (42 U.S.C. 16918(b)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) any electronic mail address, instant message address,
or other similar Internet identifier used by the sex offender;
and''.
(b) National Registry.--Section 119 of the Sex Offender
Registration and Notification Act (42 U.S.C. 16919) is amended by
adding at the end the following:
``(c) Release of Electronic Mail Addresses, Instant Message
Addresses, or Other Similar Internet Identifiers to Commercial Social
Networking Website.--
``(1) In general.--The Attorney General shall maintain a
system allowing a commercial social networking website to
compare the database of registered users of that commercial
social networking website to the list of electronic mail
addresses, instant message addresses, and other similar
Internet identifiers of persons in the National Sex Offender
Registry.
``(2) Process for release of electronic mail addresses,
instant message addresses, or other similar internet
identifiers.--A commercial social networking website desiring
to compare its database of registered users to the list of
electronic mail addresses, instant messages, and other similar
Internet identifiers of persons in the National Sex Offender
Registry shall provide to the Attorney General--
``(A) the name, address, and telephone number of
the commercial social networking website;
``(B) the specific legal nature and corporate
status of the commercial social networking website;
``(C) an affirmation signed by the chief legal
officer of the commercial social networking website
that the information obtained from that database shall
not be disclosed for any purpose other than for
comparing the database of registered users of that
commercial social networking website against the list
of electronic mail addresses, instant message
addresses, and other similar Internet identifiers of
persons in the National Sex Offender Registry to
protect children from online sexual predators and that
disclosure of this information for purposes other than
those under this section may be unlawful; and
``(D) the name, address, and telephone number of a
natural person who consents to service of process for
the commercial social networking website.
``(3) Use of database.--After a commercial social
networking website has complied with paragraph (2) and paid any
fee established by the Attorney General, the commercial social
networking website may screen new users or compare its database
of registered users to the list of electronic mail addresses,
instant message addresses, and other similar Internet
identifiers of persons in the National Sex Offender Registry as
frequently as the Attorney General may allow for the purpose of
identifying a registered user associated with an electronic
mail address, instant message address, or other similar
Internet identifier contained in the National Sex Offender
Registry.
``(4) Liability relief for social networking sites using
the registry information to protect users.--
``(A) In general.--If a commercial social
networking website complies with this section, a
covered civil action against that commercial social
networking website or any director, officer, employee,
or agent of that commercial social networking website
may not be brought in any Federal or State court.
``(B) Definition.--In this paragraph, the term
`covered civil action' means a civil action relating to
the use of the information in the National Sex Offender
Registry by a commercial social networking website to
screen users or compare its database of registered
users for the purpose of identifying a registered user
associated with an electronic mail address, instant
message address, or other similar Internet identifier
information contained in the National Sex Offender
Registry.
``(5) Interim period.--In any interim period before the
National Sex Offender Registry is implemented, any commercial
social networking website shall have access to the electronic
mail addresses, instant message addresses, and other similar
Internet identifiers of persons required to register in a
jurisdiction's sex offender registry through the methods set
forth in paragraphs (2) and (3). Until such time as the
National Sex Offender Registry is implemented, the term
`Attorney General' shall be replaced with `the jurisdiction'
and the term `the National Sex Offender Registry' shall be
replaced with `a jurisdiction's sex offender registry' in
paragraphs (2) and (3).''.
SEC. 4. DEFINITIONS.
Section 111 of the Sex Offender Registration and Notification Act
(42 U.S.C. 16911) is amended--
(1) in paragraph (7)(H), by striking the period and
inserting the following: ``, except that it shall not be
necessary to show that the sexual conduct actually occurred or
to offer proof that the defendant engaged in an act, other than
use of the Internet to facilitate criminal sexual conduct
involving a minor.''; and
(2) by adding at the end the following:
``(15) The term `commercial social networking website'
means a commercially operated Internet website that--
``(A) allows users to create web pages or profiles
that provide information about themselves and are
available publicly or to other users; and
``(B) offers a mechanism for communication with
other users, such as a forum, chat room, electronic
mail, or instant messenger.
``(16) The term `chat room' means any Internet website
through which a number of users can communicate in real time
via text and that allows messages to be almost immediately
visible to all other users or to a designated segment of all
other users.
``(17) The term `Internet' has the meaning given that term
in section 1101 of the Internet Tax Freedom Act (47 U.S.C. 151
note).
``(18) The term `electronic mail address' has the meaning
given that term in section 3 of the Controlling the Assault of
Non-Solicited Pornography and Marketing Act of 2003 (15 U.S.C.
7702).
``(19) The term `instant message address' means an
identifier that allows a person to communication in real-time
with another person using the Internet.''.
SEC. 5. CRIMINALIZATION OF AGE MISREPRESENTATION IN CONNECTION WITH
ONLINE SOLICITATION OF A MINOR.
Section 2252C of title 18, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Age Misrepresentation.--Any person 18 years or older who
knowingly misrepresents their age with the intent to use the Internet
to engage in criminal sexual conduct involving a minor, or to
facilitate or attempt such conduct, shall be fined under this title and
imprisoned for not more than 20 years. Such penalty shall be in
addition to any penalty pursuant to the laws of any jurisdiction for
the crime of using the Internet to engage in criminal sexual conduct
involving a minor, or to facilitate or attempt such conduct.''.
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