Editorial Notes
Amendments

2018—Pub. L. 115–395, § 2(1), substituted “providers” for “electronic communication service providers and remote computing service providers” in section catchline.

Subsec. (a)(1). Pub. L. 115–395, § 2(2)(A), amended par. (1) generally. Prior to amendment, par. (1) related to general reporting duty of electronic communication service providers.

Subsec. (a)(2). Pub. L. 115–395, § 2(2)(B), amended par. (2) generally. Prior to amendment, par. (2) described facts or circumstances of apparent violations requiring report.

Subsec. (b). Pub. L. 115–395, § 2(3)(A), in introductory provisions, substituted “In an effort to prevent the future sexual victimization of children, and to the extent the information is within the custody or control of a provider, the facts and circumstances included in each report under subsection (a)(1) may, at the sole discretion of the provider, include” for “To the extent the information is within the custody or control of an electronic communication service provider or a remote computing service provider, the facts and circumstances included in each report under subsection (a)(1) may include”.

Subsec. (b)(1). Pub. L. 115–395, § 2(3)(B), inserted “or plans to violate” after “who appears to have violated” and “payment information (excluding personally identifiable information),” after “uniform resource locator,”.

Subsec. (b)(2). Pub. L. 115–395, § 2(3)(C), substituted “a provider uploaded, transmitted, or received content relating to the report or when and how content relating to the report was reported to, or discovered by the provider” for “an electronic communication service or a remote computing service uploaded, transmitted, or received apparent child pornography or when and how apparent child pornography was reported to, or discovered by the electronic communication service provider or remote computing service provider”.

Subsec. (b)(3). Pub. L. 115–395, § 2(3)(D), amended par. (3) generally. Prior to amendment, text read as follows:

“(A) In general.—Information relating to the geographic location of the involved individual or website, which may include the Internet Protocol address or verified billing address, or, if not reasonably available, at least 1 form of geographic identifying information, including area code or zip code.

“(B) Inclusion.—The information described in subparagraph (A) may also include any geographic information provided to the electronic communication service or remote computing service by the customer or subscriber.”

Subsec. (b)(4). Pub. L. 115–395, § 2(3)(E), in heading, substituted “Visual depictions” for “Images” and, in text, substituted “visual depiction” for “image” and inserted “or other content” after “apparent child pornography”.

Subsec. (b)(5). Pub. L. 115–395, § 2(3)(F), substituted “visual depiction” for “image” and inserted “or other content” after “apparent child pornography” in introductory provisions and substituted “visual depictions” for “images” in subpar. (B).

Subsec. (c). Pub. L. 115–395, § 2(4), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to forwarding of reports to domestic and foreign law enforcement agencies.

Subsec. (d)(2). Pub. L. 115–395, § 2(5)(A), substituted “may designate a” for “shall designate promptly the”.

Subsec. (d)(3). Pub. L. 115–395, § 2(5)(B), substituted “may” for “shall promptly” in introductory provisions and “designate” for “designate the” in subpar. (A).

Subsec. (d)(4). Pub. L. 115–395, § 2(5)(C), substituted “may” for “shall”, “NCMEC” for “the National Center for Missing and Exploited Children”, and “providers” for “electronic communication service providers, remote computing service providers”.

Subsec. (d)(5). Pub. L. 115–395, § 2(5)(E), (F), redesignated par. (6) as (5) and amended it generally. Prior to amendment, par. related to contents of Center’s notification to providers of report forwarded at request of foreign law enforcement agency.

Pub. L. 115–395, § 2(5)(D), struck out par. (5). Text read as follows: “It is the sense of Congress that—

“(A) combating the international manufacturing, possession, and trade in online child pornography requires cooperation with competent, qualified, and appropriately trained foreign law enforcement agencies; and

“(B) the Attorney General, in cooperation with the Secretary of State, should make a substantial effort to expand the list of foreign agencies designated under paragraph (3).”

Subsec. (d)(6). Pub. L. 115–395, § 2(5)(E), redesignated par. (6) as (5).

Subsec. (e). Pub. L. 115–395, § 2(6), substituted “A provider” for “An electronic communication service provider or remote computing service provider”.

Subsec. (f). Pub. L. 115–395, § 2(7)(A), substituted “a provider” for “an electronic communication service provider or a remote computing service provider” in introductory provisions.

Subsec. (f)(3). Pub. L. 115–395, § 2(7)(B), substituted “search, screen, or scan for” for “seek”.

Subsec. (g)(2)(A)(vi). Pub. L. 115–395, § 2(8)(A)(i), which directed substitution of “a provider” for “an electronic communication service provider or remote computing service provider”, was executed by making the substitution for “an electronic communication service provider or remote computing provider”, to reflect the probable intent of Congress.

Subsec. (g)(2)(B). Pub. L. 115–395, § 2(8)(A)(ii), amended subpar. (B) generally. Prior to amendment, text read as follows:

“(i) Limitations on further disclosure.—The electronic communication service provider or remote computing service provider shall be prohibited from disclosing the contents of a report provided under subparagraph (A)(vi) to any person, except as necessary to respond to the legal process.

“(ii) Effect.—Nothing in subparagraph (A)(vi) authorizes a law enforcement agency to provide child pornography images to an electronic communications service provider or a remote computing service.”

Subsec. (g)(3). Pub. L. 115–395, § 2(8)(B)(i), (ii), in heading, substituted “NCMEC” for “the national center for missing and exploited children” and, in introductory provisions, substituted “NCMEC may disclose by mail, electronic transmission, or other reasonable means, information received in a report under subsection (a) only to” for “The National Center for Missing and Exploited Children may disclose information received in a report under subsection (a) only”.

Subsec. (g)(3)(A). Pub. L. 115–395, § 2(8)(B)(iii), substituted “any Federal law enforcement agency” for “to any Federal law enforcement agency” and inserted “or that is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes” before semicolon at end.

Subsec. (g)(3)(B). Pub. L. 115–395, § 2(8)(B)(iv), substituted “any State” for “to any State” and “child sexual exploitation” for “child pornography, child exploitation”.

Subsec. (g)(3)(C). Pub. L. 115–395, § 2(8)(B)(v), substituted “any foreign law enforcement agency” for “to any foreign law enforcement agency” and “or that has an established relationship with the Federal Bureau of Investigation, Immigration and Customs Enforcement, or INTERPOL, and is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes;” for “; and”.

Subsec. (g)(3)(D). Pub. L. 115–395, § 2(8)(B)(vi), substituted “a provider” for “an electronic communication service provider or remote computing service provider” and “; and” for period at end.

Subsec. (g)(3)(E). Pub. L. 115–395, § 2(8)(B)(vii), added subpar. (E).

Subsec. (g)(4). Pub. L. 115–395, § 2(8)(C), added par. (4).

Subsec. (h)(1). Pub. L. 115–395, § 2(9)(A), substituted “a completed submission by a provider of a report to the CyberTipline under subsection (a)(1) shall be treated as a request to preserve the contents provided in the report for 90 days after the submission to the CyberTipline” for “the notification to an electronic communication service provider or a remote computing service provider by the CyberTipline of receipt of a report under subsection (a)(1) shall be treated as a request to preserve, as if such request was made pursuant to section 2703(f)”.

Subsec. (h)(2). Pub. L. 115–395, § 2(9)(D), in heading, substituted “content” for “images” and, in text, substituted “a provider” for “an electronic communication service provider or a remote computing service”, “visual depictions” for “images”, and “reasonably accessible and may provide context or additional information about the reported material or person” for “commingled or interspersed among the images of apparent child pornography within a particular communication or user-created folder or directory”. Final substitution, which directed striking out text containing “user created”, was executed instead to text which contained “user-created”, to reflect the probable intent of Congress.

Pub. L. 115–395, § 2(9)(B), (C), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “Pursuant to paragraph (1), an electronic communication service provider or a remote computing service shall preserve the contents of the report provided pursuant to subsection (b) for 90 days after such notification by the CyberTipline.”

Subsec. (h)(3). Pub. L. 115–395, § 2(9)(E), which directed substitution of “A provider” for “An electronic communication service or remote computing service”, was executed by making the substitution for “An electronic communications service or remote computing service”, to reflect the probable intent of Congress.

Pub. L. 115–395, § 2(9)(C), redesignated par. (4) as (3). Former par. (3) redesignated (2).

Subsec. (h)(4), (5). Pub. L. 115–395, § 2(9)(C), redesignated pars. (4) and (5) as (3) and (4), respectively.