
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13032]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                   CHAPTER 132--VICTIMS OF CHILD ABUSE
 
                  SUBCHAPTER IV--REPORTING REQUIREMENTS
 
Sec. 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, or 2260 of title 18, involving 
    child pornography (as defined in section 2256 of that title), is 
    apparent, shall, as soon as reasonably possible, make a report of 
    such facts or circumstances to the Cyber Tip Line 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) 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 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) 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.

                           (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.

(Pub. L. 101-647, title II, Sec. 227, as added Pub. L. 105-314, title 
VI, Sec. 604(a), Oct. 30, 1998, 112 Stat. 2983; amended Pub. L. 106-113, 
div. B, Sec. 1000(a)(1) [title I, Sec. 121], Nov. 29, 1999, 113 Stat. 
1535, 1501A-23.)

                       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

    1999--Subsec. (b)(1). Pub. L. 106-113, Sec. 1000(a)(1) [title I, 
Sec. 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, Sec. 1000(a)(1) [title I, 
Sec. 121(b)], substituted ``forwarded'' for ``made''.

                  Section Referred to in Other Sections

    This section is referred to in title 18 section 2702.
