Page:United States Statutes at Large Volume 122.djvu/4273

 12 2 STA T .4 2 50PUBLIC LA W 110 – 401 —O CT. 1 3, 200 8‘ ‘ (d)PROVIS IO N O FELEM EN T STO LAW ENFOR C EMENT .—TheNation a lC ente rf or M i s sin g and E xp loited Children shall m a k e a v aila b le to F ederal ,S tate, and lo c al la w enforcement involved in the investigation of child pornograph y crimes elements, incl u ding hash values, relating to any apparent child pornography image of an identified child reported to the National Center for Missing and Exploited Children. ‘‘(e) U SE BY LAW ENFORCEMENT.— A ny Federal, State, or local law enforcement agency that receives elements relating to any apparent child pornography image of an identified child from the National Center for Missing and Exploited Children under section (d) may use such elements only in the performance of the official duties of that agency to investigate child pornography crimes. ‘ ‘ SEC.2 2 58D . LIM I T ED LI AB ILIT YFOR T H E N ATIONAL CENTER FOR MISSIN G AND E XP LOITED CHILDREN. ‘‘(a) I N G ENERAL.—Except as provided in subsections (b) and (c), a civil claim or criminal charge against the National Center for Missing and Exploited Children, including any director, officer, employee, or agent of such center, arising from the performance of the CyberTipline responsibilities or functions of such center, as described in this section, section 2 2 58 A or 2258C of this title, or section 40 4 of the Missing Children ’ s Assistance Act (42 U.S.C. 5 7 7 3 ), or from the effort of such center to identify child victims may not be brought in any Federal or State court. ‘‘(b) INTENTIONAL, R EC K LESS, OR O T H ER MISCON DU CT.—Sub - section (a) shall not apply to a claim or charge if the National Center for Missing and Exploited Children, or a director, officer, employee, or agent of such center— ‘‘( 1 ) engaged in intentional misconduct or ‘‘(2) acted, or failed to act— ‘‘(A) with actual malice; ‘‘( B ) with reckless disregard to a substantial risk of causing in j ury without legal justification; or ‘‘(C) for a purpose unrelated to the performance of any responsibility or function under this section, section 2258A or 2258C of this title, or section 404 of the Missing Children’s Assistance Act (42 U.S.C. 5773). ‘‘(c) ORDINARY BUSINESS ACTIVITIES.—Subsection (a) shall not apply to an act or omission relating to an ordinary business activity, including general administration or operations, the use of motor vehicles, or personnel management. ‘‘(d) MINIMI Z IN G ACCESS.—The National Center for Missing and Exploited Children shall— ‘‘(1) minimi z e the number of employees that are provided access to any image provided under section 2258A; and ‘‘(2) ensure that any such image is permanently destroyed upon notification from a law enforcement agency. ‘‘SEC. 2258E. DEFINITIONS. ‘‘In sections 2258A through 2258 D — ‘‘(1) the terms ‘attorney for the government’ and ‘State’ have the meanings given those terms in rule 1 of the Federal Rules of Criminal Procedure; ‘‘(2) the term ‘electronic communication service’ has the meaning given that term in section 2510; 18USC2 2 5 8 E. 18 USC 2258 D .

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