HR5082-118

1. Short title This Act may be cited as the Revising Existing Procedures On Reporting via Technology Act or the REPORT Act.

2. Limited liability modernization Section 2258B of title 18, United States Code, is amended— in the section heading, by striking providers or domain name registrars and inserting the reporting, storage, and handling of certain visual depictions of apparent child pornography to the National Center for Missing & Exploited Children; in subsection (b)— in the matter preceding paragraph (1), by inserting or charge after a claim; and in paragraph (2)(C), by striking this section,; and by adding at the end the following: Except as provided in paragraph (2), a civil claim or criminal charge may not be brought in any Federal or State court against a vendor contractually retained and designated by NCMEC to support the duties of NCMEC under section 404(b)(1)(K) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)). Paragraph (1) shall not apply to a claim or charge if the vendor— engaged in— intentional misconduct; or negligent conduct; or acted, or failed to act— with actual malice; with reckless disregard to a substantial risk of causing injury without legal justification; or for a purpose unrelated to the performance of any responsibility or function— set forth in paragraph (1); or pursuant to section 2258A, 2258C, 2702, or 2703. With respect to any visual depiction provided pursuant to the duties of NCMEC under section 404(b)(1)(K) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)) that is stored or transferred by a vendor contractually retained and designated by NCMEC to support such duties of NCMEC, a vendor shall— minimize the number of employees that may be able to obtain access to such visual depiction; and employ end-to-end encryption for data storage and transfer functions, or an equivalent technological standard. Except as provided in paragraph (2), a civil claim or criminal charge may not be brought in any Federal or State court against an individual depicted in child pornography as a minor, or a representative of such individual, arising from a report to the NCMEC CyberTipline by the individual, or the representative of such individual, of information that relates to the child pornography in which the individual is depicted as a minor, including a copy of the child pornography. Paragraph (1) shall not apply to a claim or charge if the individual, or the representative of such individual— engaged in— intentional misconduct; negligent conduct; or any activity which constitutes a violation of section 2251; or acted, or failed to act— with actual malice; or with reckless disregard to a substantial risk of causing injury without legal justification. With respect to any child pornography reported to the NCMEC CyberTipline by an individual depicted in the child pornography as a minor, or a representative of such individual, NCMEC shall minimize access to the child pornography and ensure the appropriate deletion of the child pornography, as set forth in section 2258D. For purposes of this subsection, the term representative, with respect to an individual depicted in child pornography— means— the parent or legal guardian of the individual, if the individual is under 18 years of age; the legal guardian or other person appointed by a court to represent the individual; a legal representative retained by the individual; a representative of the estate of the individual; or a person who is a mandated reporter under section 226(a)(1) of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341(a)(1)); and does not include a person who engaged in any activity which constitutes a violation of section 2251. The amendments made by subsection (a) shall apply with respect to a civil claim or criminal charge that is filed on or after the date of enactment of this Act. The table of sections for chapter 110 of title 18, United States Code, is amended by striking the item relating to section 2258B and inserting the following: (d)Limited liability for NCMEC-Contracted vendors(1)In generalExcept as provided in paragraph (2), a civil claim or criminal charge may not be brought in any Federal or State court against a vendor contractually retained and designated by NCMEC to support the duties of NCMEC under section 404(b)(1)(K) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)). (2)Intentional, reckless, or other misconductParagraph (1) shall not apply to a claim or charge if the vendor—(A)engaged in—(i)intentional misconduct; or(ii)negligent conduct; or(B)acted, or failed to act—(i)with actual malice;(ii)with reckless disregard to a substantial risk of causing injury without legal justification; or(iii)for a purpose unrelated to the performance of any responsibility or function—(I)set forth in paragraph (1); or(II)pursuant to section 2258A, 2258C, 2702, or 2703.(3)Minimizing access by vendorWith respect to any visual depiction provided pursuant to the duties of NCMEC under section 404(b)(1)(K) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)) that is stored or transferred by a vendor contractually retained and designated by NCMEC to support such duties of NCMEC, a vendor shall—(A)minimize the number of employees that may be able to obtain access to such visual depiction; and(B)employ end-to-end encryption for data storage and transfer functions, or an equivalent technological standard. (e)Limited liability for reporting apparent child pornography by an individual depicted in the child pornography as a minor, or a representative of such individual(1)In generalExcept as provided in paragraph (2), a civil claim or criminal charge may not be brought in any Federal or State court against an individual depicted in child pornography as a minor, or a representative of such individual, arising from a report to the NCMEC CyberTipline by the individual, or the representative of such individual, of information that relates to the child pornography in which the individual is depicted as a minor, including a copy of the child pornography.(2)Intentional, reckless, or other misconductParagraph (1) shall not apply to a claim or charge if the individual, or the representative of such individual—(A)engaged in—(i)intentional misconduct;(ii)negligent conduct; or(iii)any activity which constitutes a violation of section 2251; or(B)acted, or failed to act—(i)with actual malice; or(ii)with reckless disregard to a substantial risk of causing injury without legal justification.(3)Minimizing accessWith respect to any child pornography reported to the NCMEC CyberTipline by an individual depicted in the child pornography as a minor, or a representative of such individual, NCMEC shall minimize access to the child pornography and ensure the appropriate deletion of the child pornography, as set forth in section 2258D.(4)DefinitionFor purposes of this subsection, the term representative, with respect to an individual depicted in child pornography—(A)means—(i)the parent or legal guardian of the individual, if the individual is under 18 years of age;(ii)the legal guardian or other person appointed by a court to represent the individual;(iii)a legal representative retained by the individual;(iv)a representative of the estate of the individual; or(v)a person who is a mandated reporter under section 226(a)(1) of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341(a)(1)); and(B)does not include a person who engaged in any activity which constitutes a violation of section 2251.. 2258B. Limited liability for the reporting, storage, and handling of certain visual depictions of apparent child pornography to the National Center for Missing & Exploited Children..

3. Preservation of reports to CyberTipline related to online sexual exploitation of children Section 2258A(h) of title 18, United States Code, is amended— in paragraph (1), by striking 90 days and inserting 1 year; and by adding at the end the following: A provider of a report to the CyberTipline under subsection (a)(1) may voluntarily preserve the contents provided in the report (including any comingled content described in paragraph (2)) for longer than 1 year after the submission to the CyberTipline for the purpose of reducing the proliferation of online child sexual exploitation or preventing the online sexual exploitation of children. Not later than 1 year after the date of enactment of this paragraph, a provider of a report to the CyberTipline under subsection (a)(1) shall preserve materials under this subsection in a manner that is consistent with the most recent version of the Cybersecurity Framework developed by the National Institute of Standards and Technology, or any successor thereto. (5)Extension of preservationA provider of a report to the CyberTipline under subsection (a)(1) may voluntarily preserve the contents provided in the report (including any comingled content described in paragraph (2)) for longer than 1 year after the submission to the CyberTipline for the purpose of reducing the proliferation of online child sexual exploitation or preventing the online sexual exploitation of children. (6)Method of preservationNot later than 1 year after the date of enactment of this paragraph, a provider of a report to the CyberTipline under subsection (a)(1) shall preserve materials under this subsection in a manner that is consistent with the most recent version of the Cybersecurity Framework developed by the National Institute of Standards and Technology, or any successor thereto..