Page:United States Statutes at Large Volume 112 Part 5.djvu/225

 PUBLIC LAW 105-314—OCT. 30, 1998 112 STAT. 2983 SEC. 604. REPORTING OF CHILD PORNOGRAPHY BY ELECTRONIC COMMUNICATION SERVICE PROVIDERS. (a) IN GENERAL.— The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) is amended by inserting after section 226 the following: "SEC. 227. REPORTING OF CHILD PORNOGRAPHY BY ELECTRONIC 42 USC 13032. 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, United States Code; and "(2) the term 'remote computing service' has the meaning given the term in section 2711 of title 18, United States Code. " (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, 225 lA, 2252, 2252A, or 2260 of title 18, United States Code, 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 a law enforcement agency or agencies designated by the Attorney General. "(2) DESIGNATION OF AGENCIES.—Not later than 180 days after the date of enactment of this section, the Attorney General shall designate the law enforcement agency or agencies to which a report shall be made 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) 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) shall disclose any information 59-194 O-98-8:QL3 Part 5

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