2013 US Code
Title 18 - Crimes and Criminal Procedure
Part I - CRIMES (§§ 1 - 2725)
Chapter 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN (§§ 2251 - 2260A)
Section 2258A - Reporting requirements of electronic communication service providers and remote computing service providers
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN Sec. 2258A - Reporting requirements of electronic communication service providers and remote computing service providers |
Contains | section 2258A |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 110-401, title V, §501(a), Oct. 13, 2008, 122 Stat. 4243. |
Statutes at Large Reference | 122 Stat. 4243 |
Public Law Reference | Public Law 110-401 |
Download PDF
(a)
(1)
(A) provide to the CyberTipline of the National Center for Missing and Exploited Children, or any successor to the CyberTipline operated by such center, the mailing 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; and
(B) make a report of such facts or circumstances to the CyberTipline, or any successor to the CyberTipline operated by such center.
(2)
(A) section 2251, 2251A, 2252, 2252A, 2252B, or 2260 that involves child pornography; or
(B) section 1466A.
(b)
(1)
(2)
(3)
(A)
(B)
(4)
(5)
(A) any data or information regarding the transmission of the communication; and
(B) any images, data, or other digital files contained in, or attached to, the communication.
(c)
(1)
(2)
(3)
(A)
(B)
(i) the Attorney General; or
(ii) the Federal law enforcement agency or agencies designated by the Attorney General under subsection (d)(2).
(d)
(1)
(2)
(3)
(A) in consultation with the Secretary of State, designate the foreign law enforcement agencies to which a report may be forwarded under subsection (c)(3);
(B) establish the conditions under which such a report may be forwarded to such agencies; and
(C) develop a process for foreign law enforcement agencies to request assistance from Federal law enforcement agencies in obtaining evidence related to a report referred under subsection (c)(3).
(4)
(5)
(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).
(6)
(A) if the Center forwards the report to the requesting foreign law enforcement agency or another agency in the same country designated by the Attorney General under paragraph (3), notify the electronic communication service provider or remote computing service provider of—
(i) the identity of the foreign law enforcement agency to which the report was forwarded; and
(ii) the date on which the report was forwarded; or
(B) notify the electronic communication service provider or remote computing service provider if the Center declines to forward the report because the Center, in consultation with the Attorney General, determines that no law enforcement agency in the foreign country has been designated by the Attorney General under paragraph (3).
(e)
(1) in the case of an initial knowing and willful failure to make a report, not more than $150,000; and
(2) in the case of any second or subsequent knowing and willful failure to make a report, not more than $300,000.
(f)
(1) monitor any user, subscriber, or customer of that provider;
(2) monitor the content of any communication of any person described in paragraph (1); or
(3) affirmatively seek facts or circumstances described in sections (a) and (b).
(g)
(1)
(2)
(A)
(i) to an attorney for the government for use in the performance of the official duties of that attorney;
(ii) to such officers and employees of that law enforcement agency, as may be necessary in the performance of their investigative and recordkeeping functions;
(iii) 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;
(iv) if 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;
(v) to a defendant in a criminal case or the attorney for that defendant, subject to the terms and limitations under section 3509(m) or a similar State law, to the extent the information relates to a criminal charge pending against that defendant;
(vi) subject to subparagraph (B), to an electronic communication service provider or remote computing provider if necessary to facilitate response to legal process issued in connection to a criminal investigation, prosecution, or post-conviction remedy relating to that report; and
(vii) as ordered by a court upon a showing of good cause and pursuant to any protective orders or other conditions that the court may impose.
(B)
(i)
(ii)
(3)
(A) to any Federal law enforcement agency designated by the Attorney General under subsection (d)(2);
(B) to any State, local, or tribal law enforcement agency involved in the investigation of child pornography, child exploitation, kidnapping, or enticement crimes;
(C) to any foreign law enforcement agency designated by the Attorney General under subsection (d)(3); and
(D) to an electronic communication service provider or remote computing service provider as described in section 2258C.
(h)
(1)
(2)
(3)
(4)
(5)
(Added Pub. L. 110–401, title V, §501(a), Oct. 13, 2008, 122 Stat. 4243.)
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.