34 U.S.C. § 20917 — Checking system for social networking

Page 511 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20917 U.S.C. 20901 et seq.] has the same meaning in this Act. (Pub. L. 110–400, § 2, Oct. 13, 2008, 122 Stat. 4224.) Editorial Notes REFERENCES IN TEXT The Sex Offender Registration and Notification Act, referred to in subsecs. (a) and (e)(3), is title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, which is classified principally to this subchapter. Section 114(a)(7) of the Act was redesignated section 114(a)(8) of the Act by Pub. L. 114–119, § 6(a)(1)(A), Feb. 8, 2016, 130 Stat. 22. For complete classification of this Act to the Code, see Short Title of 2006 Act note set out under section 10101 of this title and Tables. This Act, referred to in subsec. (e), is Pub. L. 110–400, Oct. 13, 2008, 122 Stat. 4224, known as the Keeping the Internet Devoid of Sexual Predators Act of 2008, and also known as the KIDS Act of 2008, which enacted this section and section 20917 of this title, amended section 20981 of this title, and enacted provisions set out as notes under sections 10101 and 20981 of this title. For complete classification of this Act to the Code, see Short Title of 2008 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was enacted as part of the Keeping the Inter- net Devoid of Sexual Predators Act of 2008, also known as the KIDS Act of 2008, and not as part of the Sex Of- fender Registration and Notification Act which com- prises this subchapter, or as part of the Adam Walsh Child Protection and Safety Act of 2006 which com- prises this chapter. Section was formerly classified to section 16915a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20917. Checking system for social networking websites (a) In general (1) Secure system for comparisons The Attorney General shall establish and maintain a secure system that permits social networking websites to compare the informa- tion contained in the National Sex Offender Registry with the Internet identifiers of users of the social networking websites, and view only those Internet identifiers that match. The system— (A) shall not require or permit any social networking website to transmit Internet identifiers of its users to the operator of the system, and (B) shall use secure procedures that pre- serve the secrecy of the information made available by the Attorney General, including protection measures that render the Inter- net identifiers and other data elements inde- cipherable. (2) Provision of information relating to iden- tity Upon receiving a matched Internet identi- fier, the social networking website may make a request of the Attorney General for, and the Attorney General shall provide promptly, in- formation related to the identity of the indi- vidual that has registered the matched Inter- net identifier. This information is limited to the name, sex, resident address, photograph, and physical description. (b) Qualification for use of system A social networking website seeking to use the system shall submit an application to the Attorney General which provides— (1) the name and legal status of the website; (2) the contact information for the website; (3) a description of the nature and operations of the website; (4) a statement explaining why the website seeks to use the system; (5) a description of policies and procedures to ensure that— (A) any individual who is denied access to that website on the basis of information ob- tained through the system is promptly noti- fied of the basis for the denial and has the ability to challenge the denial of access; and (B) if the social networking website finds that information is inaccurate, incomplete, or cannot be verified, the site immediately notifies the appropriate State registry and the Department of Justice, so that they may delete or correct that information in the re- spective State and national databases; (6) the identity and address of, and contact information for, any contractor that will be used by the social networking website to use the system; and (7) such other information or attestations as the Attorney General may require to ensure that the website will use the system— (A) to protect the safety of the users of such website; and (B) for the limited purpose of making the automated comparison described in sub- section (a). (c) Searches against the system (1) Frequency of use of the system A social networking website approved by the Attorney General to use the system may con- duct searches under the system as frequently as the Attorney General may allow. (2) Authority of Attorney General to suspend use The Attorney General may deny, suspend, or terminate use of the system by a social net- working website that— (A) provides false information in its appli- cation for use of the system; (B) may be using or seeks to use the sys- tem for any unlawful or improper purpose; (C) fails to comply with the procedures re- quired under subsection (b)(5); or (D) uses information obtained from the system in any way that is inconsistent with the purposes of this Act. (3) Limitation on release of Internet identifiers (A) No public release Neither the Attorney General nor a social networking website approved to use the sys- tem may release to the public any list of the Internet identifiers of sex offenders con- tained in the system. (B) Additional limitations The Attorney General shall limit the re- lease of information obtained through the use of the system established under sub- Page 512 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20918 section (a) by social networking websites ap- proved to use such system. (C) Strict adherence to limitation The use of the system established under subsection (a) by a social networking website shall be conditioned on the website’s agreement to observe the limitations re- quired 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. (4) Payment of fee A social networking website approved to use the system shall pay any fee established by the Attorney General for use of the system. (5) Limitation on liability (A) In general A civil claim against a social networking website, including any director, officer, em- ployee, parent, contractor, or agent of that social networking website, arising from the use by such website of the National Sex Of- fender Registry, may not be brought in any Federal or State court. (B) Intentional, reckless, or other misconduct Subparagraph (A) does not apply to a claim if the social networking website, or a director, officer, employee, parent, con- tractor, or agent of that social networking website— (i) engaged in intentional misconduct; or (ii) acted, or failed to act— (I) with actual malice; (II) with reckless disregard to a sub- stantial risk of causing injury without legal justification; or (III) for a purpose unrelated to the per- formance of any responsibility or func- tion described in paragraph (3). (C) Minimizing access A social networking website shall mini- mize the number of employees that are pro- vided access to the Internet identifiers for which a match has been found through the system. (6) Rule of construction Nothing in this section shall be construed to require any Internet website, including a so- cial networking website, to use the system, and no Federal or State liability, or any other actionable adverse consequence, shall be im- posed on such website based on its decision not to do so. (Pub. L. 110–400, § 3, Oct. 13, 2008, 122 Stat. 4225.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (c)(2)(D), is Pub. L. 110–400, Oct. 13, 2008, 122 Stat. 4224, known as the Keep- ing the Internet Devoid of Sexual Predators Act of 2008, and also known as the KIDS Act of 2008, which enacted this section and section 20916 of this title, amended sec- tion 20981 of this title, and enacted provisions set out as notes under sections 10101 and 20981 of this title. For complete classification of this Act to the Code, see Short Title of 2008 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was enacted as part of the Keeping the Inter- net Devoid of Sexual Predators Act of 2008, also known as the KIDS Act of 2008, and not as part of the Sex Of- fender Registration and Notification Act which com- prises this subchapter, or as part of the Adam Walsh Child Protection and Safety Act of 2006 which com- prises this chapter. Section was formerly classified to section 16915b of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20918. Periodic in person verification A sex offender shall appear in person, allow the jurisdiction to take a current photograph, and verify the information in each registry in which that offender is required to be registered not less frequently than— (1) each year, if the offender is a tier I sex of- fender; (2) every 6 months, if the offender is a tier II sex offender; and (3) every 3 months, if the offender is a tier III sex offender. (Pub. L. 109–248, title I, § 116, July 27, 2006, 120 Stat. 595.) Editorial Notes CODIFICATION Section was formerly classified to section 16916 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20919. Duty to notify sex offenders of registra- tion requirements and to register (a) In general An appropriate official shall, shortly before re- lease of the sex offender from custody, or, if the sex offender is not in custody, immediately after the sentencing of the sex offender, for the of- fense giving rise to the duty to register— (1) inform the sex offender of the duties of a sex offender under this subchapter and explain those duties; (2) require the sex offender to read and sign a form stating that the duty to register has been explained and that the sex offender un- derstands the registration requirement; and (3) ensure that the sex offender is registered. (b) Notification of sex offenders who cannot com- ply with subsection (a) The Attorney General shall prescribe rules for the notification of sex offenders who cannot be registered in accordance with subsection (a). (Pub. L. 109–248, title I, § 117, July 27, 2006, 120 Stat. 595.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (a)(1), was in the original ‘‘this title’’, meaning title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, known as the Sex Of- fender Registration and Notification Act. For complete