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Full Text of this Amendment
SA 3613. Mr. STEVENS submitted an amendment intended to be proposed to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:
On page 883, line 2, strike the closing quotation marks and the semicolon.
On page 883, between lines 2 and 3, insert the following:
``(6) ONLINE SAFETY REQUIREMENT FOR SCHOOLS.--An elementary or secondary school may not receive assistance under paragraph (1)(E) for computers with Internet access unless the school, school board, local educational agency, or other authority with responsibility for administration of the school certifies to the Administrator that the school has an Internet safety policy that includes educating minors about age-appropriate online behavior, including interaction with other individuals on
social net-working websites and in chat rooms, and cyber-bullying awareness and response.''.
At the appropriate place, insert the following:
TITLE --PROTECTING CHILDREN IN THE 21ST CENTURY
SEC. --001. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.--This title may be cited as the ``Protecting Children in the 21st Century Act''.
(b) TABLE OF CONTENTS.--The table of contents for this title is as follows:
Sec..--001..Short title; table of contents.
TITLE I--PROMOTING A SAFE INTERNET FOR CHILDREN
Sec..--101..Internet safety.
Sec..--102..Public awareness campaign.
Sec..--103..Annual reports.
Sec..--104..Authorization of appropriations.
Sec..--105..Online safety and technology working group.
Sec..--106..Promoting online safety in schools.
Sec..--107..Definitions.
TITLE II--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT
Sec..--201..Child pornography prevention; forfeitures related to child pornography violations.
Sec..--202..Additional child pornography amendments.
TITLE I--PROMOTING A SAFE INTERNET FOR CHILDREN
SEC. 101. INTERNET SAFETY.
For the purposes of this subtitle, the issue of Internet safety includes issues regarding the use of the Internet in a manner that promotes safe online activity for children, protects children from cybercrimes, including crimes by online predators, and helps parents shield their children from material that is inappropriate for minors.
SEC. 102. PUBLIC AWARENESS CAMPAIGN.
The Federal Trade Commission shall carry out a nationwide program to increase public awareness and provide education regarding strategies to promote the safe use of the Internet by children. The program shall utilize existing resources and efforts of the Federal Government, State and local governments, nonprofit organizations, private technology and financial companies, Internet service providers, World Wide Web-based resources, and other appropriate entities, that includes--
(1) identifying, promoting, and encouraging best practices for Internet safety;
(2) establishing and carrying out a national outreach and education campaign regarding Internet safety utilizing various media and Internet-based resources;
(3) facilitating access to, and the exchange of, information regarding Internet safety to promote up-to-date knowledge regarding current issues; and
(4) facilitating access to Internet safety education and public awareness efforts the Commission considers appropriate by States, units of local government, schools, police departments, nonprofit organizations, and other appropriate entities.
SEC. 103. ANNUAL REPORTS.
The Commission shall submit a report to the Senate Committee on Commerce, Science, and Transportation not later than March 31 of each year that describes the activities carried out under section --102 by the Commission during the preceding calendar year.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
For carrying out the public awareness campaign under section --102, there are authorized to be appropriated to the Commission $5,000,000 for each of fiscal years 2008 and 2009.
SEC. 105. ONLINE SAFETY AND TECHNOLOGY WORKING GROUP.
(a) ESTABLISHMENT.--Within 90 days after the date of enactment of this Act, the Assistant Secretary of Commerce for Communications and Information shall establish an Online Safety and Technology working group comprised of representatives of relevant sectors of the business community, public interest groups, and other appropriate groups and Federal agencies to review and evaluate--
(1) the status of industry efforts to promote online safety through educational efforts, parental control technology, blocking and filtering software, age-appropriate labels for content or other technologies or initiatives designed to promote a safe online environment for children;
(2) the status of industry efforts to promote online safety among providers of electronic communications services and remote computing services by reporting apparent child pornography under section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032), including amendments made by this subtitle with respect to the content of such reports and any obstacles to such reporting;
(3) the practices of electronic communications service providers and remote computing service providers related to record retention in connection with crimes against children; and
(4) the development of technologies to help parents shield their children from inappropriate material on the Internet.
(b) REPORT.--Within 1 year after the working group is first convened, it shall submit a report to the Assistant Secretary and the Senate Committee on Commerce, Science, and Transportation that--
(1) describes in detail its findings, including any information related to the effectiveness of such strategies and technologies and any information about the prevalence within industry of educational campaigns, parental control technologies, blocking and filtering software, labeling, or other technologies to assist parents; and
(2) includes recommendations as to what types of incentives could be used or developed to increase the effectiveness and implementation of such strategies and technologies.
(c) FACA NOT TO APPLY TO WORKING GROUP.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group.
SEC. 106. PROMOTING ONLINE SAFETY IN SCHOOLS.
Section 254(h)(5)(B) of the Communications Act of 1934 (47 U.S.C. 254(h)(5)(b)) is amended--
(1) by striking ``and'' after the semicolon in clause (i);
(2) by striking ``minors.'' in clause (ii) and inserting ``minors; and''; and
(3) by adding at the end the following:
``(iii) as part of its Internet safety policy is educating minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response.''.
SEC. 107. DEFINITIONS.
In this subtitle:
(1) COMMISSION.--The term ``Commission'' means the Federal Trade Commission.
(2) INTERNET.--The term ``Internet'' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor successor protocols to such protocol, to communicate information of all kinds by wire or radio.
TITLE II--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT
SEC. 201. CHILD PORNOGRAPHY PREVENTION; FORFEITURES RELATED TO CHILD PORNOGRAPHY VIOLATIONS.
(a) In General.--Section 503(b)(1) of the Communications Act of 1934 (47 U.S.C. 503(b)(1)) is amended--
(1) by striking ``or'' after the semicolon in subparagraph (C);
(2) by striking ``or 1464'' in subparagraph (D) and inserting ``1464, or 2252'';
(3) by inserting ``or'' after the semicolon in subparagraph (D); and
(4) by inserting after subparagraph (D) the following:
``(E) violated any provision of section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032);''.
SEC. 202. ADDITIONAL CHILD PORNOGRAPHY AMENDMENTS.
(a) Increase in Fine for Failure To Report.--Section 227(b)(4) of the Crime Control Act of 1990 (42 U.S.C. 13032(b)(4)) is amended--
(1) by striking ``$50,000;'' in subparagraph (A) and inserting ``$150,000;''; and
(2) by striking ``$100,000.'' in subparagraph (B) and inserting ``$300,000.''.
(b) INTERNATIONAL INFORMATION SHARING.--Section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032) is amended--
(1) by striking ``a law enforcement agency or'' in subsection (b)(1) and inserting ``appropriate Federal, State, or foreign law enforcement agencies'';
(2) by inserting ``Federal, State, or foreign'' after ``designate the'' in subsection (b)(2);
(3) by striking ``law.'' in subsection (b)(3) and inserting ``law, or appropriate officials of foreign law enforcement agencies designated by the Attorney General for the purpose of enforcing State or Federal laws of the United States.'';
(4) by redesignating paragraphs (3) and (4) of subsection (b) as paragraphs (4) and (5), respectively, and inserting after paragraph (2) the following:
``(3) CONTENTS OF REPORT.--To the extent this information is reasonably available to an electronic communication service provider or a remote computing service provider, each report under paragraph (1) shall include--
``(A) information relating to the Internet identity of any individual who appears to have violated any section of title 18, United States Code, referenced in paragraph (1), including any relevant user ID or other online identifier, electronic mail addresses, website address, uniform resource locator, or other identifying information;
``(B) information relating to when any apparent child pornography was uploaded, transmitted, reported to, or discovered by the electronic communication service provider or a remote computing service provider, as the case may be, including a date and time stamp and time zone.
``(C) information relating to geographic location of the involved individual or reported content, including the hosting website, uniform resource locator, street address, zip code, area code, telephone number, or Internet Protocol address;
``(D) any image of any apparent child pornography relating to the incident, and any images commingled with images of apparent child pornography, such report is regarding; and
``(E) accurate contact information for the electronic communication service provider or remote computing service provider making the report, including the address, telephone number, facsimile number, electronic mail address of, and individual point of contact for such electronic communication service provider or remote computing service provider.'';
(5) by inserting ``section 404 of the Missing Children's Assistance Act (42 U.S.C. 5773),'' after ``section,'' in subsection (g)(1); and
(6) by adding at the end thereof the following:
``(h) USE OF INFORMATION TO COMBAT CHILD PORNOGRAPHY.--The National Center for Missing and Exploited Children is authorized to provide elements relating to any image1 or other relevant information reported to its Cyber Tip Line to an electronic communication service provider or a remote computing service provider for the sole and exclusive purpose of permitting that electronic communication service provider or remote computing service provider to stop the further transmission of images
and develop anti-child pornography technologies and related industry best practices. Any electronic communication service provider or remote computing service provider that receives information from the National Center for Missing and Exploited Children under this subsection may use such information only for the purposes described in this subsection.''.
(As printed in the Congressional Record for the Senate on Nov 13, 2007.)
On page 883, line 2, strike the closing quotation marks and the semicolon.
On page 883, between lines 2 and 3, insert the following:
``(6) ONLINE SAFETY REQUIREMENT FOR SCHOOLS.--An elementary or secondary school may not receive assistance under paragraph (1)(E) for computers with Internet access unless the school, school board, local educational agency, or other authority with responsibility for administration of the school certifies to the Administrator that the school has an Internet safety policy that includes educating minors about age-appropriate online behavior, including interaction with other individuals on
social net-working websites and in chat rooms, and cyber-bullying awareness and response.''.
At the appropriate place, insert the following:
TITLE --PROTECTING CHILDREN IN THE 21ST CENTURY
SEC. --001. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.--This title may be cited as the ``Protecting Children in the 21st Century Act''.
(b) TABLE OF CONTENTS.--The table of contents for this title is as follows:
Sec..--001..Short title; table of contents.
TITLE I--PROMOTING A SAFE INTERNET FOR CHILDREN
Sec..--101..Internet safety.
Sec..--102..Public awareness campaign.
Sec..--103..Annual reports.
Sec..--104..Authorization of appropriations.
Sec..--105..Online safety and technology working group.
Sec..--106..Promoting online safety in schools.
Sec..--107..Definitions.
TITLE II--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT
Sec..--201..Child pornography prevention; forfeitures related to child pornography violations.
Sec..--202..Additional child pornography amendments.
TITLE I--PROMOTING A SAFE INTERNET FOR CHILDREN
SEC. 101. INTERNET SAFETY.
For the purposes of this subtitle, the issue of Internet safety includes issues regarding the use of the Internet in a manner that promotes safe online activity for children, protects children from cybercrimes, including crimes by online predators, and helps parents shield their children from material that is inappropriate for minors.
SEC. 102. PUBLIC AWARENESS CAMPAIGN.
The Federal Trade Commission shall carry out a nationwide program to increase public awareness and provide education regarding strategies to promote the safe use of the Internet by children. The program shall utilize existing resources and efforts of the Federal Government, State and local governments, nonprofit organizations, private technology and financial companies, Internet service providers, World Wide Web-based resources, and other appropriate entities, that includes--
(1) identifying, promoting, and encouraging best practices for Internet safety;
(2) establishing and carrying out a national outreach and education campaign regarding Internet safety utilizing various media and Internet-based resources;
(3) facilitating access to, and the exchange of, information regarding Internet safety to promote up-to-date knowledge regarding current issues; and
(4) facilitating access to Internet safety education and public awareness efforts the Commission considers appropriate by States, units of local government, schools, police departments, nonprofit organizations, and other appropriate entities.
SEC. 103. ANNUAL REPORTS.
The Commission shall submit a report to the Senate Committee on Commerce, Science, and Transportation not later than March 31 of each year that describes the activities carried out under section --102 by the Commission during the preceding calendar year.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
For carrying out the public awareness campaign under section --102, there are authorized to be appropriated to the Commission $5,000,000 for each of fiscal years 2008 and 2009.
SEC. 105. ONLINE SAFETY AND TECHNOLOGY WORKING GROUP.
(a) ESTABLISHMENT.--Within 90 days after the date of enactment of this Act, the Assistant Secretary of Commerce for Communications and Information shall establish an Online Safety and Technology working group comprised of representatives of relevant sectors of the business community, public interest groups, and other appropriate groups and Federal agencies to review and evaluate--
(1) the status of industry efforts to promote online safety through educational efforts, parental control technology, blocking and filtering software, age-appropriate labels for content or other technologies or initiatives designed to promote a safe online environment for children;
(2) the status of industry efforts to promote online safety among providers of electronic communications services and remote computing services by reporting apparent child pornography under section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032), including amendments made by this subtitle with respect to the content of such reports and any obstacles to such reporting;
(3) the practices of electronic communications service providers and remote computing service providers related to record retention in connection with crimes against children; and
(4) the development of technologies to help parents shield their children from inappropriate material on the Internet.
(b) REPORT.--Within 1 year after the working group is first convened, it shall submit a report to the Assistant Secretary and the Senate Committee on Commerce, Science, and Transportation that--
(1) describes in detail its findings, including any information related to the effectiveness of such strategies and technologies and any information about the prevalence within industry of educational campaigns, parental control technologies, blocking and filtering software, labeling, or other technologies to assist parents; and
(2) includes recommendations as to what types of incentives could be used or developed to increase the effectiveness and implementation of such strategies and technologies.
(c) FACA NOT TO APPLY TO WORKING GROUP.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group.
SEC. 106. PROMOTING ONLINE SAFETY IN SCHOOLS.
Section 254(h)(5)(B) of the Communications Act of 1934 (47 U.S.C. 254(h)(5)(b)) is amended--
(1) by striking ``and'' after the semicolon in clause (i);
(2) by striking ``minors.'' in clause (ii) and inserting ``minors; and''; and
(3) by adding at the end the following:
``(iii) as part of its Internet safety policy is educating minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response.''.
SEC. 107. DEFINITIONS.
In this subtitle:
(1) COMMISSION.--The term ``Commission'' means the Federal Trade Commission.
(2) INTERNET.--The term ``Internet'' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor successor protocols to such protocol, to communicate information of all kinds by wire or radio.
TITLE II--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT
SEC. 201. CHILD PORNOGRAPHY PREVENTION; FORFEITURES RELATED TO CHILD PORNOGRAPHY VIOLATIONS.
(a) In General.--Section 503(b)(1) of the Communications Act of 1934 (47 U.S.C. 503(b)(1)) is amended--
(1) by striking ``or'' after the semicolon in subparagraph (C);
(2) by striking ``or 1464'' in subparagraph (D) and inserting ``1464, or 2252'';
(3) by inserting ``or'' after the semicolon in subparagraph (D); and
(4) by inserting after subparagraph (D) the following:
``(E) violated any provision of section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032);''.
SEC. 202. ADDITIONAL CHILD PORNOGRAPHY AMENDMENTS.
(a) Increase in Fine for Failure To Report.--Section 227(b)(4) of the Crime Control Act of 1990 (42 U.S.C. 13032(b)(4)) is amended--
(1) by striking ``$50,000;'' in subparagraph (A) and inserting ``$150,000;''; and
(2) by striking ``$100,000.'' in subparagraph (B) and inserting ``$300,000.''.
(b) INTERNATIONAL INFORMATION SHARING.--Section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032) is amended--
(1) by striking ``a law enforcement agency or'' in subsection (b)(1) and inserting ``appropriate Federal, State, or foreign law enforcement agencies'';
(2) by inserting ``Federal, State, or foreign'' after ``designate the'' in subsection (b)(2);
(3) by striking ``law.'' in subsection (b)(3) and inserting ``law, or appropriate officials of foreign law enforcement agencies designated by the Attorney General for the purpose of enforcing State or Federal laws of the United States.'';
(4) by redesignating paragraphs (3) and (4) of subsection (b) as paragraphs (4) and (5), respectively, and inserting after paragraph (2) the following:
``(3) CONTENTS OF REPORT.--To the extent this information is reasonably available to an electronic communication service provider or a remote computing service provider, each report under paragraph (1) shall include--
``(A) information relating to the Internet identity of any individual who appears to have violated any section of title 18, United States Code, referenced in paragraph (1), including any relevant user ID or other online identifier, electronic mail addresses, website address, uniform resource locator, or other identifying information;
``(B) information relating to when any apparent child pornography was uploaded, transmitted, reported to, or discovered by the electronic communication service provider or a remote computing service provider, as the case may be, including a date and time stamp and time zone.
``(C) information relating to geographic location of the involved individual or reported content, including the hosting website, uniform resource locator, street address, zip code, area code, telephone number, or Internet Protocol address;
``(D) any image of any apparent child pornography relating to the incident, and any images commingled with images of apparent child pornography, such report is regarding; and
``(E) accurate contact information for the electronic communication service provider or remote computing service provider making the report, including the address, telephone number, facsimile number, electronic mail address of, and individual point of contact for such electronic communication service provider or remote computing service provider.'';
(5) by inserting ``section 404 of the Missing Children's Assistance Act (42 U.S.C. 5773),'' after ``section,'' in subsection (g)(1); and
(6) by adding at the end thereof the following:
``(h) USE OF INFORMATION TO COMBAT CHILD PORNOGRAPHY.--The National Center for Missing and Exploited Children is authorized to provide elements relating to any image1 or other relevant information reported to its Cyber Tip Line to an electronic communication service provider or a remote computing service provider for the sole and exclusive purpose of permitting that electronic communication service provider or remote computing service provider to stop the further transmission of images
and develop anti-child pornography technologies and related industry best practices. Any electronic communication service provider or remote computing service provider that receives information from the National Center for Missing and Exploited Children under this subsection may use such information only for the purposes described in this subsection.''.
(As printed in the Congressional Record for the Senate on Nov 13, 2007.)
