REPORTING OF CHILD PORNOGRAPHY BY ELECTRONIC COMMUNICATION SERVICE PROVIDERS.

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 section226 the following: “SEC. 227. 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, 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, 2251A,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 112 STAT. 2984contained 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 a redetermined 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.”. (b) Exception to Prohibition on Disclosure.— Section 2702(b)(6) of title 18, United States Code, is amended to read as follows: “(6) to a law enforcement agency— “(A) if the contents— “(i) were inadvertently obtained by the service provider; and “(ii) appear to pertain to the commission of a crime; or “(B) if required by section 227 of the Crime Control Act of 1990.”.