S. Amdt. 4798 - To Improve the Bill.

Keeping the Internet Devoid of Sexual Predators Act of 2007

S. 431 — 110^th Congress (2007–2008)

Summary

A bill to require convicted sex offenders to register online identifiers, and for other purposes. (by CRS)

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Title

A bill to require convicted sex offenders to register online identifiers, and for other purposes.

Other Titles

• Keeping the Internet Devoid of Sexual Predators Act of 2007
• KIDS Act of 2007
• Keeping the Internet Devoid of Sexual Predators Act of 2008
• KIDS Act of 2008
• Keeping the Internet Devoid of Sexual Predators Act of 2007
• KIDS Act of 2007
• Keeping the Internet Devoid of Sexual Predators Act of 2008
• KIDS Act of 2008
• Keeping the Internet Devoid of Sexual Predators Act of 2008
• KIDS Act of 2008

Sponsor

Charles Schumer

Co-Sponsors

• Ted Stevens
• Amy Klobuchar
• Patrick Leahy
• Benjamin Cardin
• Michael Crapo
• John McCain
• John Kerry
• Arlen Specter
• Jon Kyl
• Kay Hutchison
• David Vitter
• Hillary Clinton
• Charles Grassley
• John Cornyn
• Joseph Lieberman
• Olympia Snowe
• Mary Landrieu
• Barack Obama
• Dianne Feinstein
• Tim Johnson

Subjects

• Criminal justice
• Business
• Business records
• Child sexual abuse
• Children
• Civil liberties
• Computer crimes
• Criminal justice information
• Data banks
• Directories
• Electronic mail systems
• Evidence (Law)
• Fines (Penalties)
• Fraud
• Government information
• Government paperwork
• Identification devices
• Internet
• Law
• Liability (Law)
• Right of privacy
• Sex offenders
• Technology
• Telecommunication
• Telecommunication industry
• Web sites

Related Bills

• H.R. 719 (110^th) : Keeping the Internet Devoid of Sexual Predators Act of 2007
• H.R. 719 (110^th) : Keeping the Internet Devoid of Sexual Predators Act of 2007

Major Actions

Introduced	1/30/2007
Referred to Committee
Amendments (2 proposed)
Passed Senate	5/20/2008
Passed House	9/27/2008
Signed by President	10/13/2008

Bill History

• All Votes
• All Actions
• Amendments

	Chamber/Committee	Motion	Date	Result
select this vote	Senate	Passed Senate with amendments by Unanimous Consent.	5/20/2008	PASSED by voice vote
currently selected	Senate	Amendment SA 4798 agreed to in Senate by Unanimous Consent.	5/20/2008	PASSED by voice vote
select this vote	House	On passage Passed without objection.	9/27/2008	PASSED by voice vote
select this vote	House	On agreeing to the Conyers amendment (A001) Agreed to without objection.	9/27/2008	PASSED by voice vote

	Action	Date	Description
	Introduced	1/30/2007
		1/30/2007	Read twice and referred to the Committee on the Judiciary.
	Put on a legislative calendar	12/13/2007	Committee on the Judiciary. Ordered to be reported with amendments favorably.
		4/22/2008	Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report.
	Put on a legislative calendar	4/22/2008	Placed on Senate Legislative Calendar under General Orders. Calendar No. 706.
		4/28/2008	By Senator Leahy from Committee on the Judiciary filed written report. Report No. 110-332.
		5/20/2008	Measure laid before Senate by unanimous consent.
select this vote	Senate Vote on Passage	5/20/2008	Passed Senate with amendments by Unanimous Consent.
		5/20/2008	Amendment SA 4798 proposed by Senator Reid for Senator Schumer.
currently selected	Vote	5/20/2008	Amendment SA 4798 agreed to in Senate by Unanimous Consent.
		5/21/2008	Message on Senate action sent to the House.
		5/21/2008	Received in the House.
		5/21/2008	Held at the desk.
		9/27/2008	Mr. Conyers asked unanimous consent to take from the Speaker's table and consider.
		9/27/2008	Considered by unanimous consent.
select this vote	House Vote on Passage	9/27/2008	On passage Passed without objection.
		9/27/2008	Amendment (A001) in the nature of a substitute offered by Mr. Conyers.
select this vote	Vote	9/27/2008	On agreeing to the Conyers amendment (A001) Agreed to without objection.
		9/29/2008	Message on House action received in Senate and at desk: House amendment to Senate bill.
		9/30/2008	Senate agreed to the House amendment by Unanimous Consent.
	Presented to President	9/30/2008	Cleared for White House.
		10/01/2008	Message on Senate action sent to the House.
	Presented to President	10/03/2008	Presented to President.
	Enacted	10/13/2008	Became Public Law No: 110-400.
	Signed	10/13/2008	Signed by President.

	Number	Sponsor	Date Offered	Status
currently selected	S. Amdt. 4798	Schumer, Charles [D-NY]	May 20, 2008	Passed by voice vote on May 20, 2008.
	To improve the bill. Actions May 20, 2008, 12:00 am ET - Amendment SA 4798 proposed by Senator Reid for Senator Schumer. May 20, 2008, 12:00 am ET - Amendment SA 4798 agreed to in Senate by Unanimous Consent. Full Text of this Amendment SA 4798. Mr. REID (for Mr. SCHUMER (for himself and Mr. MCCAIN)) proposed an amendment to the bill S. 431, to require convicted sex offenders to register online identifiers, and for other purposes; as follows: On page 2, line 3, strike ``2007'' and insert ``2008''. On page 2, line 4, strike ``2007'' and insert ``2008''. On page 2, lines 18 and 19, strike ``, instant message address,''. On page 2, line 20, strike ``an''. On page 2, strike line 22, and all that follows through page 3, line 5, and insert the following: (b) Updating of Information.--Section 113(c) of the Sex Offender Registration and Notification Act (42 U.S.C. 16913(c)) is amended by adding at the end the following: ``The Attorney General shall have the authority to specify the time and manner for reporting of other changes in registration information, including any addition or change of an electronic mail address or other designation used for self-identification or routing in Internet communication or posting.''. On page 3, strike line 12 and all that follows through page 4, line 3, and insert the following: ``(d) Knowing Failure to Register Online Identifiers.--Whoever-- ``(1) is required to register under the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.); and ``(2) uses an email address or any other designation used for self-identification or routing in Internet communication or posting which the individual knowingly failed to provide for inclusion in a sex offender registry as required under that Act; shall be fined under this title or imprisoned not more than 10 years, or both.''. On page 4, strike lines 11 through 13, and insert the following: SEC. 3. CHECKING OF ONLINE IDENTIFIERS AGAINST SEX OFFENDER REGISTRATION INFORMATION. On page 4, line 23 strike ``, instant'' and all that follows through ``offender'' on line 25, and insert ``or designation used for self-identification or routing in Internet communication or posting''. On page 5, strike line 1 and all that follows through page 9, line 6, and insert the following: (b) Online Identifier Checking System for Social Networking Websites.--Section 121 of the Sex Offender Registration and Notification Act (42 U.S.C. 16921) is amended by adding at the end the following: ``(d) Checking System for Social Networking Websites.-- ``(1) IN GENERAL.--The Attorney General shall maintain a system available to social networking websites that permits the automated comparison of lists or databases of the electronic mail addresses and other designations used for self-identification or routing in Internet communication or posting of the registered users of such websites, to the corresponding information contained in or derived from sex offender registries. ``(2) QUALIFICATION FOR USE OF SYSTEM.--A social networking website seeking to use the system established under paragraph (1) shall submit an application to the Attorney General which provides-- ``(A) the name and legal status of the website; ``(B) the contact information for the website; ``(C) a description of the nature and operations of the website; ``(D) a statement explaining why the website seeks to use the system; and ``(E) such other information or attestations as the Attorney General may require to ensure that the website will use the system-- ``(i) to protect the safety of the users of such website; and ``(ii) not for any unlawful or improper purpose. ``(3) SEARCHES AGAINST THE SYSTEM.-- ``(A) IN GENERAL.--A social networking website approved to use the system established under paragraph (1) shall-- ``(i) submit the information to be compared in a form satisfying the technical requirements for searches against the system; and ``(ii) pay any fee established by the Attorney General for use of the system. ``(B) FREQUENCY OF USE OF THE SYSTEM.--A social networking website approved by the Attorney General to use the system established under paragraph (1) may conduct searches under the system as frequently as the Attorney General may allow. ``(C) AUTHORITY OF AG TO SUSPEND USE.--The Attorney General may deny, suspend, or terminate use of the system by a social networking website that-- ``(i) provides false information in its application for use of the system; or ``(ii) may be using or seeks to use the system for any unlawful or improper purpose. ``(4) LIMITATION ON RELEASE OF INTERNET IDENTIFIERS.-- ``(A) NO PUBLIC RELEASE.--Neither the Attorney General nor a social networking website approved to use the system established under paragraph (1) may release to the public any list of the e-mail addresses or other designations used for self-identification or routing in Internet communication or posting of sex offenders contained in the system. ``(B) ADDITIONAL LIMITATIONS.--The Attorney General shall limit the release of information obtained through the use of the system established under paragraph (1) by social networking websites approved to use such system. ``(C) STRICT ADHERENCE TO LIMITATION.--The use of the system established under paragraph (1) by a social networking website shall be conditioned on the website's agreement to observe the limitations required under this paragraph. ``(D) RULE OF CONSTRUCTION.--This subsection shall not be construed to limit the authority of the Attorney General under any other provision of law to conduct or to allow searches or checks against sex offender registration information.''. On page 9, line 9, strike ``commercial''. On page 9, line 10, insert ``parent,''after ``employee,''. On page 9, line 11, strike ``commercial''. On page 9, line 17, strike ``commercial''. On page 9, line 19, strike ``commercial''. On page 10, line 10, strike ``commercial''. On page 10, line 16, strike ``commercial''. On page 10, lines 19 and 20, strike ``, instant message addresses,''. On page 10, lines 20 and 21, strike ``and other similar Internet identifiers of'' and insert ``and other designations used for self-identification or routing in Internet communication or posting by''. On page 10, line 25, strike ``commercial''. On page 11, lines 2 and 3, strike ``, instant message addresses,''. On page 11, lines 3 and 4, strike ``and other similar Internet identifiers of'' and insert ``and other designations used for self-identification or routing in Internet communication or posting by''. On page 11, line 21, strike ``commercial''. On page 11, line 22, strike ``a commercially operated'' and insert ``an''. On page 12, line 8, strike ``, such as a forum'' and all that follows through ``messenger'' on line 9. On page 12, strike lines 15 through 19. On page 12, line 20, strike ``(17)'' and insert ``(16)''. On page 12, line 23, strike ``(18)'' and insert ``(17)''. On page 13, strike line 3 and all that follows through the first period on line 6. On page 13, strike line 10 and all that follows through page 14, line 13, and insert the following: Section 2422 of title 18, United States Code, is amended by adding at the end the following: ``(c) Misrepresentation of Age.--Whoever knowingly misrepresents his or her age using the Internet or any other facility or means of interstate or foreign commerce or the mail, with the intent to further or facilitate a violation of this section, shall be fined under this title and imprisoned not more than 20 years. A sentence imposed under this subsection shall be in addition and consecutive to any sentence imposed for the offense the age misrepresentation was intended to further or facilitate.''. On page 14, line 15, strike `` WATCH'' and insert ``VIEW''. On page 15, line 21, strike ``and''. On page 15, between lines 21 and 22, insert the following: (C) in subsection (c), by striking ``computer'' each place that term appears and inserting ``using any means or facility of interstate or foreign commerce''; and On page 15, line 22, strike ``(C)'' and insert ``(D)''. On page 16, line 15, strike ``and''. On page 16, between lines 15 and 16, insert the following: (C) in paragraph (3)-- (i) by inserting ``using any means or facility of interstate or foreign commerce'' after ``so shipped or transported''; and (ii) by striking ``by any means,''; and On page 16, line 16, strike ``(C)'' and insert ``(D)''. On page 16, between lines 23 and 24, insert the following: (B) in paragraph (2), by inserting ``using any means or facility of interstate or foreign commerce'' after ``mailed, or'' each place it appears; On page 16, line 24, strike ``(B)'' and insert ``(C)''. On page 17, line 3, strike ``(C)'' and insert ``(D)''. On page 17, line 7, strike ``(D)'' and insert ``(E)''. (As printed in the Congressional Record for the Senate on May 20, 2008.)
select this vote	H. Amdt. 1185	Conyers, John [D-MI14]	September 27, 2008	Passed by voice vote on September 27, 2008.
	Amendment inserted a complete new text. Show amendment details