WashingtonWatch.com - P.L. 110-401, The Combating Child Exploitation Act of 2007

Comment by Consider All Sides - (November 17, 2008, 01:00:00)

Mon, 17 Nov 2008 00:00:00 EST

Two years ago, my son was arrested for internet solicitation - it was a police net - and in Texas crossing a property line set by police will get you an 8-years. My son was fortunate and was offered 8 years of deferred adjudication. He was wrong, he knows what he did was wrong, but the only victim in his case was the highly trained 50 year old male detective who spends his life posing as a teen-age girl (15 to 16) who is only interested in meeting men in the 20's. Without defending his crime - his life is forever wrecked because he has 8 years of probation and 10 years as a registered sex offender. Under Texas law, he would have easier treatmet if he had committed murder. My point is this: There is no scale whatsoever - had my son had an actual victim (he did NOT and passed the polygraph that proves it). I now spend over $1,000 a month supporting him because he is loathed by all. No one will hire him, our family is being destroyed, the whole family is shamed....

Revision by webmaster (November 7, 2008, 01:00:00)

Fri, 07 Nov 2008 00:00:00 EST

S. 1738 would establish a Special Counsel for Child Exploitation Prevention and Interdiction within the Office of the Deputy Attorney General, to improve the Internet Crimes Against Children Task Force, to increase resources for regional computer forensic labs, and to make other improvements to increase the ability law enforcement agencies to investigate and prosecute predators.

Detailed Summary

Providing Resources, Officers, and Technology to Eradicate Cyber Threats to Our Children Act of 2008 or the PROTECT Our Children Act of 2008 - Title I: National Strategy for Child Exploitation Prevention and Interdiction - (Sec. 101) Directs the Attorney General to create and implement a National Strategy for Child Exploitation Prevention and Interdiction. Sets forth the required content of such Strategy, including: (1) comprehensive long-range goals for reducing child exploitation; (2) annual budget priorities and federal efforts for combating child exploitation; (3) a five-year projection for program and budget goals and priorities; (4) a review of the policies and work of the Department of Justice (DOJ) related to the prevention and investigation of child exploitation crimes; (5) a description of DOJ efforts to coordinate with international, state, local, and tribal law enforcement and private entities on child exploitation prevention and interdiction efforts; (6) a review of Internet Crimes Against Children (ICAC) Task Force Programs; (7) plans for reducing the backlog of forensic analysis for child exploitation cases; (8) a review of federal programs for child exploitation prevention and education; (9) plans for liaisons with the judiciary on matters relating to child exploitation; (10) an assessment of federal investigative and prosecution activity relating to reported incidents of child exploitation crimes; (11) a review of statistical data indicating the overall magnitude of U.S. and international child pornography trafficking; and (12) a review of the cooperation between the private and public sector in combating child exploitation.

Requires the Attorney General to designate a DOJ senior official to coordinate the development of the Strategy.

(Sec. 102) Establishes within DOJ a National Internet Crimes Against Children (ICAC) Task Force Program consisting of state and local task forces (including at least one ICAC task force for each state) to address online enticement of children, child exploitation, and child obscenity and pornography. Requires the Attorney General to conduct periodic reviews of the effectiveness of each ICAC task force. Authorizes the Attorney General to establish new task forces and establish national training programs to support the mission of ICAC task forces.

(Sec. 103) Sets forth the purposes of the ICAC Task Force Program, including: (1) increasing the investigative capabilities of state and local law enforcement officers in the detection and investigation of child exploitation crimes facilitated by the Internet and the apprehension of offenders; (2) providing training and technical assistance to ICAC task forces and other federal, state, and local law enforcement agencies; (3) increasing the number of Internet crimes against children offenses to be investigated and prosecuted; (4) enhancing the nationwide response to Internet crimes against children offenses; and (5) developing and delivering Internet crimes against children public awareness and prevention programs.

(Sec. 104) Sets forth the duties and functions of state and local ICAC task forces relating to investigations, forensic examinations, and prosecutions of Internet crimes against children.

(Sec. 105) Directs the Attorney General to establish a National Internet Crimes Against Children Data System (ICAC Data System) to assist the National ICAC Task Force Program and federal, state, local, and tribal agencies investigating and prosecuting child exploitation. Requires the ICAC Data System to develop and maintain a technology and training program to provide: (1) a secure system of online communications between ICAC task forces and federal, state, and local law enforcement agencies regarding ongoing investigations; (2) a secure online system for resolving case conflicts; (3) a secure data storage and analysis system; and (4) guidelines and technical assistance for the use of the ICAC Data System by federal, state, and local law enforcement agencies.

Directs the Attorney General to establish an ICAC Data System Steering Committee to provide guidance to the ICAC System and to assist in the development of strategic plans for the System.

Authorizes appropriations for FY2009-FY2016.

(Sec. 106) Authorizes the Attorney General to award grants to state and local ICAC task forces. Sets forth criteria for the distribution of ICAC grants funds.

Requires state or local ICAC task forces receiving grants to submit annual reports to the Attorney General on the operations of such task forces.

Requires the Attorney General to report to Congress on: (1) the progress of the development of the ICAC Task Force Program; and (2) the number of federal and state investigations, prosecutions, and convictions in the prior 12-month period related to child exploitation.

(Sec. 107) Authorizes appropriations for FY2009-FY2013.

Title II: Additional Measures to Combat Child Exploitation - Requires the Attorney General to: (1) establish additional computer forensic capacity to address the current backlog for computer forensics, including for child exploitation investigations; and (2) report to Congress annually on the use of funds for such purpose. Authorizes appropriations for FY2009-FY2013.

Title III: Effective Child Pornography Prosecution - (Sec. 301) Amends the federal criminal code to prohibit: (1) the transmission of a live visual depiction of child sexual exploitation; and (2) the distribution of child pornography that is an adapted or modified depiction of an identifiable minor.

Title IV: National Institute of Justice Study of Risk Factors - Requires the National Institute of Justice to: (1) prepare a report on investigative factors that indicate whether a subject of an online child exploitation investigation poses a high risk of harm to children; and (2) submit such report to the House and Senate Judiciary Committees. Authorizes appropriations.

Title V: Securing Adolescents from Online Exploitation - (Sec. 501) Requires electronic communication or remote computing service providers who obtain actual knowledge of violations of child exploitation and pornography laws to: (1) provide contact information to the CyberTipline of the National Center for Missing and Exploited Children (NCMEC); and (2) provide information relating to the Internet identity of any individual who appears to have violated a child exploitation or pornography law, including the geographic location of such individual and images of any apparent child pornography.

Requires NCMEC to forward any report of suspected child pornography violations to law enforcement agencies designated by the Attorney General. Allows NCMEC to send such reports to foreign law enforcement agencies designated by the Attorney General.

Imposes civil penalties on service providers who fail to report suspected child exploitation or pornography.

Prohibits law enforcement agencies that receive reports from service providers from disclosing information in such reports except for law enforcement and criminal defense purposes.

Requires service providers to preserve images of child pornography for evidentiary purposes.

Grants service providers and NCMEC limited immunity from civil and criminal liability for reporting information required by this Act, except in cases of intentional misconduct, actual malice or recklessness. Requires service providers and NCMEC to minimize employee access to pornographic images and to destroy such images upon notification from a law enforcement agency.

Authorizes NCMEC to provide images of child pornography reported to its CyberTipline to service providers to enable such providers to stop further transmission of pornographic images of children.

Grants the Attorney General authority to enforce the reporting requirement for electronic communication or remote computing service providers set out by this title.

(Sec. 502) Requires the Attorney General to report to the House and Senate Judiciary Committees on the structure established in this Act, privacy safeguards contained in reporting requirements, and information sharing.

Requires the Comptroller General to conduct an audit and report to the House and Senate Judiciary Committees on: (1) the efforts, activities, and actions of the CyberTipline; (2) recommendations for legislative, administrative, or regulatory changes; and (3) the effectiveness of actions taken by the CyberTipline and the Attorney General to promote efficient use of federal funds and resources to enforce, investigate, or prosecute child pornography crimes.

(Sec. 503) Provides that if any provision of this title is held to be unconstitutional, the remaining provisions shall remain in full force and effect and shall not be affected by the holding.

Status of the Legislation

Latest Major Action: 10/2/2008: Presented to President.

Points in Favor

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Points Against

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Comment by michele (October 23, 2008, 01:00:00)

Thu, 23 Oct 2008 00:00:00 EDT

i wouldn't mine paying any amount of money to get this bill passed!! please pass this bill!...

Revision by webmaster (October 3, 2008, 01:00:00)

Fri, 03 Oct 2008 00:00:00 EDT

Detailed Summary

Combating Child Exploitation Act of 2008 - Title I: National Strategy for Child Exploitation Prevention and Interdiction - (Sec. 101) Directs the Attorney General to create and implement a National Strategy for Child Exploitation Prevention and Interdiction (National Strategy). Sets forth the required content of such National Strategy, including: (1) comprehensive long-range goals for reducing child exploitation; (2) annual budget priorities and federal efforts for combating child exploitation; (3) a five-year projection for program and budget goals and priorities; (4) a review of the policies and work of the Department of Justice (DOJ) related to child exploitation crimes; (5) a description of DOJ efforts to coordinate with international, state, local, and tribal law enforcement and private entities on child exploitation prevention and interdiction efforts; (6) a review of ICAC Task Force Programs; (7) plans for reducing the backlog of forensic analysis for child exploitation cases; (8) a review of federal programs for child exploitation prevention and education; (9) plans for liaisons with the judiciary on matters relating to child exploitation; and (10) a review of statistical data indicating the overall magnitude of U.S. and international child pornography trafficking.

Requires the Attorney General to designate a DOJ senior official to coordinate and develop the National Strategy.

(Sec. 102) Establishes within DOJ a National Internet Crimes Against Children (ICAC) Task Force Program consisting of state and local task forces (including at least one ICAC Task Force for each state) to address online enticement of children, child exploitation, and child obscenity and pornography.

(Sec. 104) Sets forth the duties and functions of state and local ICAC task forces relating to investigations, forensic examinations, and prosecutions of Internet crimes against children.

(Sec. 105) Directs the Attorney General to establish a National Internet Crimes Against Children Data System to assist the National ICAC Task Force Program and federal, state, local, and tribal agencies investigating and prosecuting child exploitation. Requires the Data System to develop and maintain a technology and training program to provide: (1) a secure system of online communications between ICAC task forces and federal, state, and local law enforcement agencies regarding ongoing investigations; (2) a secure online system for resolving case conflicts; (3) a secure data storage and analysis system; and (4) guidelines and technical assistance for the use of the Data System by federal, state, and local law enforcement agencies.

Directs the Attorney General to establish an ICAC Data System Steering Committee.

Authorizes appropriations for FY2009-FY2016.

(Sec. 106) Authorizes the Attorney General to award grants to state and local ICAC task forces. Sets forth criteria for the distribution of ICAC grants funds.

Requires state or local ICAC task forces receiving grants to submit annual reports to the Attorney General on the operations of such task forces.

Requires the Attorney General to report to Congress on: (1) the progress of ICAC task forces; and (2) the number of federal and state investigations, prosecutions, and convictions in the prior 12-month period related to child exploitation.

(Sec. 107) Authorizes appropriations for FY2009-FY2016.

Title II: Additional Measures to Combat Child Exploitation - Sec. 201) Requires the Attorney General to: (1) establish additional computer forensic capacity to address the current backlog for computer forensics, including for child exploitation investigations; and (2) report to Congress annually on the use of funds for such purpose. Authorizes appropriations for FY2009-FY2016.

(Sec. 202) Authorizes appropriations for FY2009-FY2016 for the hiring of additional Federal Bureau of Investigation (FBI) agents and personnel to work solely on child exploitation cases as part of the FBI's Innocent Images National Initiative.

(Sec. 203) Authorizes appropriations for FY2009-FY2016 for the hiring of additional full-time personnel in the Bureau of Immigration and Customs Enforcement and the U.S. Postal Service to work solely on child exploitation and obscenity cases.

Title III: Effective Child Pornography Prosecution - (Sec. 301) Amends the federal criminal code to expand the jurisdictional bases for prosecutions of crimes involving child exploitation, selling or buying of children, material involving sexual exploitation of minors or containing child pornography, and obscene visual representations of the sexual abuse of children.

(Sec. 302) Expands the crime of child sexual exploitation to prohibit the transmission of live images of child abuse.

(Sec. 303) Expands the definition of "visual depiction" for purposes of child exploitation crimes to include data capable of conversion into a visual image transmitted by any means.

(Sec. 305) Prohibits the alteration of a visual depiction of an identifiable minor child so that it depicts child pornography.

(Sec. 306) Allows a provider of electronic communication or remote computing services to voluntarily report apparent child pornography violations directly to a foreign law enforcement agency.

Title IV: National Institute of Justice Study of Risk Factors - Requires the National Institute of Justice, not later than one year after the enactment of this Act, to: (1) prepare a report on investigative factors that indicate whether a subject of an online child exploitation investigation poses a higher risk of harm to children; and (2) submit such report to the House and Senate Judiciary Committees. Authorizes appropriations.

Status of the Legislation

Latest Major Action: 10/2/2008: Presented to President.

Points in Favor

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Points Against

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Status as of October 2, 2008

Thu, 02 Oct 2008 00:00:00 EDT

10/2/2008: Presented to President.

Revision by webmaster (September 29, 2008, 01:00:00)

Mon, 29 Sep 2008 00:00:00 EDT

Detailed Summary

Requires the Attorney General to designate a DOJ senior official to coordinate and develop the National Strategy.

(Sec. 104) Sets forth the duties and functions of state and local ICAC task forces relating to investigations, forensic examinations, and prosecutions of Internet crimes against children.

Directs the Attorney General to establish an ICAC Data System Steering Committee.

Authorizes appropriations for FY2009-FY2016.

(Sec. 106) Authorizes the Attorney General to award grants to state and local ICAC task forces. Sets forth criteria for the distribution of ICAC grants funds.

Requires state or local ICAC task forces receiving grants to submit annual reports to the Attorney General on the operations of such task forces.

(Sec. 107) Authorizes appropriations for FY2009-FY2016.

(Sec. 302) Expands the crime of child sexual exploitation to prohibit the transmission of live images of child abuse.

(Sec. 303) Expands the definition of "visual depiction" for purposes of child exploitation crimes to include data capable of conversion into a visual image transmitted by any means.

(Sec. 305) Prohibits the alteration of a visual depiction of an identifiable minor child so that it depicts child pornography.

(Sec. 306) Allows a provider of electronic communication or remote computing services to voluntarily report apparent child pornography violations directly to a foreign law enforcement agency.

Status of the Legislation

Latest Major Action: 9/27/2008: Cleared for White House.

Points in Favor

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Points Against

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Revision by webmaster (September 27, 2008, 01:00:00)

Sat, 27 Sep 2008 00:00:00 EDT

Detailed Summary

Requires the Attorney General to designate a DOJ senior official to coordinate and develop the National Strategy.

(Sec. 104) Sets forth the duties and functions of state and local ICAC task forces relating to investigations, forensic examinations, and prosecutions of Internet crimes against children.

Directs the Attorney General to establish an ICAC Data System Steering Committee.

Authorizes appropriations for FY2009-FY2016.

(Sec. 106) Authorizes the Attorney General to award grants to state and local ICAC task forces. Sets forth criteria for the distribution of ICAC grants funds.

Requires state or local ICAC task forces receiving grants to submit annual reports to the Attorney General on the operations of such task forces.

(Sec. 107) Authorizes appropriations for FY2009-FY2016.

(Sec. 302) Expands the crime of child sexual exploitation to prohibit the transmission of live images of child abuse.

(Sec. 303) Expands the definition of "visual depiction" for purposes of child exploitation crimes to include data capable of conversion into a visual image transmitted by any means.

(Sec. 305) Prohibits the alteration of a visual depiction of an identifiable minor child so that it depicts child pornography.

(Sec. 306) Allows a provider of electronic communication or remote computing services to voluntarily report apparent child pornography violations directly to a foreign law enforcement agency.

Status of the Legislation

Latest Major Action: 9/26/2008: Held at the desk.

Points in Favor

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Points Against

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Status as of September 27, 2008

Sat, 27 Sep 2008 00:00:00 EDT

9/27/2008: Cleared for White House.

Comment by Angi (September 26, 2008, 01:00:00)

Fri, 26 Sep 2008 00:00:00 EDT

Jennifer Ferreira- The monsters that are looking at the images and videos are just as much to blame as the producers. If there was no one interested in it, then why would these monsters feel so compelled to produce more and more?Supply = Demand. You should be ashamed of yourself for wanting to protect those monsters. I say, punish them ALL. If you are making it, if you are looking at it, if you are passing it around. You should be punished. End of story!...

Revision by webmaster (September 26, 2008, 01:00:00)

Fri, 26 Sep 2008 00:00:00 EDT

Detailed Summary

Requires the Attorney General to designate a DOJ senior official to coordinate and develop the National Strategy.

(Sec. 104) Sets forth the duties and functions of state and local ICAC task forces relating to investigations, forensic examinations, and prosecutions of Internet crimes against children.

Directs the Attorney General to establish an ICAC Data System Steering Committee.

Authorizes appropriations for FY2009-FY2016.

(Sec. 106) Authorizes the Attorney General to award grants to state and local ICAC task forces. Sets forth criteria for the distribution of ICAC grants funds.

Requires state or local ICAC task forces receiving grants to submit annual reports to the Attorney General on the operations of such task forces.

(Sec. 107) Authorizes appropriations for FY2009-FY2016.

(Sec. 302) Expands the crime of child sexual exploitation to prohibit the transmission of live images of child abuse.

(Sec. 303) Expands the definition of "visual depiction" for purposes of child exploitation crimes to include data capable of conversion into a visual image transmitted by any means.

(Sec. 305) Prohibits the alteration of a visual depiction of an identifiable minor child so that it depicts child pornography.

(Sec. 306) Allows a provider of electronic communication or remote computing services to voluntarily report apparent child pornography violations directly to a foreign law enforcement agency.

Status of the Legislation

Latest Major Action: 9/25/2008: Passed/agreed to in Senate. Status: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.

Points in Favor

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Points Against

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Status as of September 26, 2008

Fri, 26 Sep 2008 00:00:00 EDT

9/26/2008: Held at the desk.

Comment by STOP the BILL (September 25, 2008, 01:00:00)

Thu, 25 Sep 2008 00:00:00 EDT

To Pass the Bill- Guess you're buying the junk the policians throw at you. This bill is not necessary We have plenty of other agncies who can do the job. Give them the money. Who's blaming the victim? Can you not read. I was a victim and this bloated bill would not have helped me or the over 95% who are abused by family members.Not strangers. Thank you, I have educated myself that's why this bill is not going to help anyone but give more money for more false senses of security. I'm an excellant parent-I don't relay on "for the children" bills to protect my children. I DO!! I appauld the Senator for delaying this bill and I would hope that, just the overhyped Adam Walsh Act (remember that one-there's NO money to fund it) it goes nowhere. Unless of course, you want to pay for it out of your pocket....

Comment by STOP the BILL (September 25, 2008, 01:00:00)

Thu, 25 Sep 2008 00:00:00 EDT

BTW- In regards to education, why doesn't everyone who support this bloated bill, check out how many other BILLS that are now laws to protect the children and stop the child pornographers that already exist but lack funding....

Status as of September 25, 2008

Thu, 25 Sep 2008 00:00:00 EDT

9/25/2008: Passed/agreed to in Senate. Status: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.

Comment by Amanda (September 24, 2008, 01:00:00)

Wed, 24 Sep 2008 00:00:00 EDT

S.1738 must be passed. Who cares if it is attached to other bills. Isn't worth it if we can save young children, toddler and babies from rape ?! Rape and torture on demand is the sick entertainment for these predators. Let the childrens screams of pain be heard. We know where these children are and we can track these predators but we lack funding. The abuse is physically and mentally scarring no matter how one tries to sugar coat the act....

Comment by STOP the BILL (September 24, 2008, 01:00:00)

Wed, 24 Sep 2008 00:00:00 EDT

Sure protect the children, no problem but does it have to attached to so many other stupid money wasting laws. Read what other bills are attached and how much it will cost YOU- the taxpayer. Wouldn't it be cheaper and nicer IF YOU WERE A BETTER PARENT and protected your own children. Unless of course you are under the mistaken belief, that the abuse is all strangers. This bill just creates more government bloat. There are plenty of agencies already out there that can catch these people since the law enforcment knows where they are. Fund those better-stop creating new sex offender laws and agencies that provide a false sense of security. Do a little research on your own and stop listening to the "almighty" Oprah and false information the policians throw at you. If passed, you'll also pay for a greenhouse in Maryland,along with other worthless projects-that's really protecting the children!...

Comment by Pass the Bill! (September 24, 2008, 01:00:00)

Wed, 24 Sep 2008 00:00:00 EDT

in response to "stop the bill" - as JF has expressed already, family members seem reluctant to alert authorities when children are being abused, so it is up to the rest of us to protect them. As far as being a better parent, I hope you never have to eat those words. Educate yourself. How dare you blame the victim. This bill is about addressing the overwhelming problem of child pornography and the market that the internet has created. Your own post demonstrates your ignorance. Learn a little about the way government works and you'll find that combining bills has become necessary due to ridiculous amounts delays some senators use to stop bills they don't like. Get over the greenhouse issue and realize that this bill is good for our country. And again, I hope your bravado with regard to "if you were a better parent" doesn't come back to haunt you....

Comment by OH (September 23, 2008, 01:00:00)

Tue, 23 Sep 2008 00:00:00 EDT

Jennifer Ferreira what is your REAL identity???...

Comment by Response to Arizona Lady (September 21, 2008, 01:00:00)

Sun, 21 Sep 2008 00:00:00 EDT

As your links demonstrate, Senator Coburn has become known as the "least effective" senator in congress due to his propensity for blocking progress. I'm still supporting S. 1738....

Comment by Arizona Lady (September 20, 2008, 01:00:00)

Sat, 20 Sep 2008 00:00:00 EDT

S. 3344 is better than S. 1738. 3344 addresses the protection of our children specifically, 1738 is attached to several bills I'm NOT FOR!! 3344 brings 1738 to real action and not just a bunch of 36 other bills... a whole agenda of issues and spending which equals less money for defending our children. I read about all of this information at these links: http://coburn.senate.gov/public/index.cfm?FuseAction=LatestNews.PressReleases&ContentRecord_id=677267e2-802a-23ad-4698-dbe39b99ec24 and http://www.washingtonwatch.com/blog/2008/07/24/the-coburn-omnibus-36-bills-in-one/...

Comment by Carolina (September 19, 2008, 01:00:00)

Fri, 19 Sep 2008 00:00:00 EDT

Gina: Some of us do have the facts through having survived abuse. "Innocent" people will not be prosecuted. The innocent children will be protected....

Comment by Jen (September 18, 2008, 01:00:00)

Thu, 18 Sep 2008 00:00:00 EDT

Bill 1738 must be passed. We act like there are only enough people in this world to protect children from certain types of crime. Cyber crime is a "behind the scenes" type of crime - which means it is that much scarier. We have enough people in this world that can focus on this crime just like any other. Let's get it under control as much as possible before it is too late! Our children our worth it....

Comment by Gina Pike (September 18, 2008, 01:00:00)

Thu, 18 Sep 2008 00:00:00 EDT

Jennifer Ferreira, I agree with everything you wrote. And Heather Pebbles, you wrote that these sick people deserve to be punished. Well, if they're sick doesn't that mean that they need help and not prison? Please people, focus on the ones who are getting rich off of these poor kids. This is turning into a modern day witch hunt. Get the facts before you prosecute innocent people....

Comment by Kim Martin (September 17, 2008, 01:00:00)

Wed, 17 Sep 2008 00:00:00 EDT

Please....we need to do something to protect our children. We need to pass this bill....it is a small price to pay for these kids....

Comment by L. Fuette (September 17, 2008, 01:00:00)

Wed, 17 Sep 2008 00:00:00 EDT

It is a very dangerous assumption to make that those merely viewing child pornography aren't necessarily physically harming young children or wouldn't should they have the opportunity. Any form of child pornography, whether it's ownership on ones computer, or use to facilitate physical harm on a child, is child abuse in it's most horrific form. Viewers of child pornography fuel the fire which is terribly dangerous in itself. Anyone taking part in child pornography in whatever capacity should be prosecuted to the full extent of the law - PERIOD. Our children - NOT child predators - should be protected. It is therefore imperative the Senate passes bill 1738 - our children are counting on it!...