34 U.S.C. § 20916 — Direction to the Attorney General

Page 510 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20916 1 So in original. The word ‘‘of’’ probably should not appear. 1 See References in Text note below. any time the sex offender is in custody or civilly committed) unless the offender is allowed a re- duction under subsection (b). The full registra- tion period is— (1) 15 years, if the offender is a tier I sex of- fender; (2) 25 years, if the offender is a tier II sex of- fender; and (3) the life of the offender, if the offender is a tier III sex offender. (b) Reduced period for clean record (1) Clean record The full registration period shall be reduced as described in paragraph (3) for a sex offender who maintains a clean record for the period described in paragraph (2) by— (A) not being convicted of any offense for which imprisonment for more than 1 year may be imposed; (B) not being convicted of any sex offense; (C) successfully completing any periods of supervised release, probation, and parole; and (D) successfully completing of 1 an appro- priate sex offender treatment program cer- tified by a jurisdiction or by the Attorney General. (2) Period In the case of— (A) a tier I sex offender, the period during which the clean record shall be maintained is 10 years; and (B) a tier III sex offender adjudicated de- linquent for the offense which required reg- istration in a sex registry under this sub- chapter, the period during which the clean record shall be maintained is 25 years. (3) Reduction In the case of— (A) a tier I sex offender, the reduction is 5 years; (B) a tier III sex offender adjudicated de- linquent, the reduction is from life to that period for which the clean record under paragraph (2) is maintained. (Pub. L. 109–248, title I, § 115, July 27, 2006, 120 Stat. 595.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (b)(2)(B), 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 classification of title I to the Code, see Short Title of 2006 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 16915 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20916. Direction to the Attorney General (a) Requirement that sex offenders provide cer- tain Internet related information to sex of- fender registries The Attorney General, using the authority provided in section 114(a)(7) 1 of the Sex Offender Registration and Notification Act [34 U.S.C. 20914(a)(7)], shall require that each sex offender provide to the sex offender registry those Inter- net identifiers the sex offender uses or will use of any type that the Attorney General deter- mines to be appropriate under that Act [34 U.S.C. 20901 et seq.]. These records of Internet identifiers shall be subject to the Privacy Act (5 U.S.C. 552a) to the same extent as the other records in the National Sex Offender Registry. (b) Timeliness of reporting of information The Attorney General, using the authority provided in section 112(b) of the Sex Offender Registration and Notification Act [34 U.S.C. 20912(b)], shall specify the time and manner for keeping current information required to be pro- vided under this section. (c) Nondisclosure to general public The Attorney General, using the authority provided in section 118(b)(4) of the Sex Offender Registration and Notification Act [34 U.S.C. 20920(b)(4)], shall exempt from disclosure all in- formation provided by a sex offender under sub- section (a). (d) Notice to sex offenders of new requirements The Attorney General shall ensure that proce- dures are in place to notify each sex offender of changes in requirements that apply to that sex offender as a result of the implementation of this section. (e) Definitions (1) Of ‘‘social networking website’’ As used in this Act, the term ‘‘social net- working website’’— (A) means an Internet website— (i) that allows users, through the cre- ation of web pages or profiles or by other means, to provide information about themselves that is available to the public or to other users; and (ii) that offers a mechanism for commu- nication with other users where such users are likely to include a substantial number of minors; and (iii) whose primary purpose is to facili- tate online social interactions; and (B) includes any contractors or agents used by the website to act on behalf of the website in carrying out the purposes of this Act. (2) Of ‘‘Internet identifiers’’ As used in this Act, the term ‘‘Internet iden- tifiers’’ means electronic mail addresses and other designations used for self-identification or routing in Internet communication or post- ing. (3) Other terms A term defined for the purposes of the Sex Offender Registration and Notification Act [34 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-