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U.S. Code as of:
01/19/04
Section 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, 2252B, or 2260 of
title 18, involving child pornography (as defined in section 2256
of that title), or a violation of section 1466A 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) In addition to forwarding such reports to those agencies
designated in subsection (b)(2) of this section, the National
Center for Missing and Exploited Children is authorized to forward
any such report to an appropriate official of a state or
subdivision of a state for the purpose of enforcing state criminal
law.
(4) 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 or
pursuant to 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) where the report discloses 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.
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