To improve the bill.
What it does: 39 changes: replaces text in 19 places, strikes text in 16 places, inserts text in 4 places
Sen. Charles E. Schumer (D-NY)What it changes
39 changes to S. 431 · 5 shown in the bill's text
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Replaces “2007” with “2008”
[struck: 2007][inserted: 2008]Original wording
On page 2, line 3, strike “2007” and insert “2008”.
Change 2: Replaces “2007” with “2008”
[struck: 2007][inserted: 2008]Original wording
On page 2, line 4, strike “2007” and insert “2008”.
Change 3: Strikes “, instant message address,”
Struck: , instant message address,
Original wording
On page 2, lines 18 and 19, strike “, instant message address,”.
Change 4: Strikes “an”
Struck: an
Original wording
On page 2, line 20, strike “an”.
Change 5: Rewrites page 2, line 22 through page 3, line 5
ReplacesPrinted pageRemoves page 2, line 22 through page 3, line 5 of the printed bill. See that page
Inserted: (b) Updating of Information.--Section 113(c) of the Sex Offender Registration and Notification Act (42 U.S.C. 16913(c)) is amended by adding at the end the following: "The Attorney General shall have the authority to specify the time and manner for reporting of other changes in registration information, including any addition or change of an electronic mail address or other designation used for self-identification or routing in Internet communication or posting.".
Original wording
On page 2, strike line 22, and all that follows through page 3, line 5, and insert the following:
Change 6: Rewrites page 3, line 12 through page 4, line 3
ReplacesPrinted pageRemoves page 3, line 12 through page 4, line 3 of the printed bill. See that page
Inserted: (d) Knowing Failure to Register Online Identifiers.--Whoever--
Inserted: (1) is required to register under the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.); and
Inserted: (2) uses an email address or any other designation used for self-identification or routing in Internet communication or posting which the individual knowingly failed to provide for inclusion in a sex offender registry as required under that Act;
Inserted: shall be fined under this title or imprisoned not more than 10 years, or both.
Original wording
On page 3, strike line 12 and all that follows through page 4, line 3, and insert the following:
Change 7: Rewrites page 4, lines 11–13
ReplacesPrinted pageRemoves page 4, lines 11–13 of the printed bill. See that page
Inserted: SEC. 3. CHECKING OF ONLINE IDENTIFIERS AGAINST SEX OFFENDER REGISTRATION INFORMATION.
Original wording
On page 4, strike lines 11 through 13, and insert the following:
Change 8: Replaces “, instant” through “offender” with “or designation used for self-identification or routing in Internet communication or posti…”
[struck: , instant … offender][inserted: or designation used for self-identification or routing in Internet communication or posting]Original wording
On page 4, line 23 strike “, instant” and all that follows through “offender” on line 25, and insert “or designation used for self-identification or routing in Internet communication or posting”.
Change 9: Rewrites page 5, line 1 through page 9, line 6
ReplacesPrinted pageRemoves page 5, line 1 through page 9, line 6 of the printed bill. See that page
Inserted: (b) Online Identifier Checking System for Social Networking Websites.--Section 121 of the Sex Offender Registration and Notification Act (42 U.S.C. 16921) is amended by adding at the end the following:
Inserted: "(d) Checking System for Social Networking Websites.--
Inserted: "(1) In general.--The Attorney General shall maintain a system available to social networking websites that permits the automated comparison of lists or databases of the electronic mail addresses and other designations used for self-identification or routing in Internet communication or posting of the registered users of such websites, to the corresponding information contained in or derived from sex offender registries.
Inserted: "(2) Qualification for use of system.--A social networking website seeking to use the system established under paragraph (1) shall submit an application to the Attorney General which provides--
Inserted: "(A) the name and legal status of the website;
Inserted: "(B) the contact information for the website;
Inserted: "(C) a description of the nature and operations of the website;
Inserted: "(D) a statement explaining why the website seeks to use the system; and
Inserted: "(E) such other information or attestations as the Attorney General may require to ensure that the website will use the system--
Inserted: "(i) to protect the safety of the users of such website; and
Inserted: "(ii) not for any unlawful or improper purpose.
Inserted: "(3) Searches against the system.--
Show 12 more inserted paragraphsShow less
Inserted: "(A) In general.--A social networking website approved to use the system established under paragraph (1) shall--
Inserted: "(i) submit the information to be compared in a form satisfying the technical requirements for searches against the system; and
Inserted: "(ii) pay any fee established by the Attorney General for use of the system.
Inserted: "(B) Frequency of use of the system.--A social networking website approved by the Attorney General to use the system established under paragraph (1) may conduct searches under the system as frequently as the Attorney General may allow.
Inserted: "(C) Authority of ag to suspend use.--The Attorney General may deny, suspend, or terminate use of the system by a social networking website that--
Inserted: "(i) provides false information in its application for use of the system; or
Inserted: "(ii) may be using or seeks to use the system for any unlawful or improper purpose.
Inserted: "(4) Limitation on release of internet identifiers.--
Inserted: "(A) No public release.--Neither the Attorney General nor a social networking website approved to use the system established under paragraph (1) may release to the public any list of the e-mail addresses or other designations used for self-identification or routing in Internet communication or posting of sex offenders contained in the system.
Inserted: "(B) Additional limitations.--The Attorney General shall limit the release of information obtained through the use of the system established under paragraph (1) by social networking websites approved to use such system.
Inserted: "(C) Strict adherence to limitation.--The use of the system established under paragraph (1) by a social networking website shall be conditioned on the website's agreement to observe the limitations required under this paragraph.
Inserted: "(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.".
Original wording
On page 5, strike line 1 and all that follows through page 9, line 6, and insert the following:
Change 10: Strikes “commercial”
Struck: commercial
Original wording
On page 9, line 9, strike “commercial”.
Change 11: Inserts “parent,” after “employee,”
…employee,[inserted: parent,]…
Original wording
On page 9, line 10, insert “parent,”after “employee,”.
Change 12: Strikes “commercial”
Struck: commercial
Original wording
On page 9, line 11, strike “commercial”.
Change 13: Strikes “commercial”
Struck: commercial
Original wording
On page 9, line 17, strike “commercial”.
Change 14: Strikes “commercial”
Struck: commercial
Original wording
On page 9, line 19, strike “commercial”.
Change 15: Strikes “commercial”
Struck: commercial
Original wording
On page 10, line 10, strike “commercial”.
Change 16: Strikes “commercial”
Struck: commercial
Original wording
On page 10, line 16, strike “commercial”.
Change 17: Strikes “, instant message addresses,”
Struck: , instant message addresses,
Original wording
On page 10, lines 19 and 20, strike “, instant message addresses,”.
Change 18: Replaces “and other similar Internet identifiers of” with “and other designations used for self-identification or routing in Internet communication…”
[struck: and other similar Internet identifiers of][inserted: and other designations used for self-identification or routing in Internet communication or posting by]Original wording
On page 10, lines 20 and 21, strike “and other similar Internet identifiers of” and insert “and other designations used for self-identification or routing in Internet communication or posting by”.
Change 19: Strikes “commercial”
Struck: commercial
Original wording
On page 10, line 25, strike “commercial”.
Change 20: Strikes “, instant message addresses,”
Struck: , instant message addresses,
Original wording
On page 11, lines 2 and 3, strike “, instant message addresses,”.
Change 21: Replaces “and other similar Internet identifiers of” with “and other designations used for self-identification or routing in Internet communication…”
[struck: and other similar Internet identifiers of][inserted: and other designations used for self-identification or routing in Internet communication or posting by]Original wording
On page 11, lines 3 and 4, strike “and other similar Internet identifiers of” and insert “and other designations used for self-identification or routing in Internet communication or posting by”.
Change 22: Strikes “commercial”
Struck: commercial
Original wording
On page 11, line 21, strike “commercial”.
Change 23: Replaces “a commercially operated” with “an”
In S. 431 · Reported to Senate
Section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911) (2)</DELETED> by adding at the end the following:</DELETED> is amended by adding at the end the following:
"(15) The term 'commercial social networking website' means
[struck: a commercially operated ][inserted: an ]Internet website that--"(A) allows users, through the creation of web pages or profiles or by other means, to provide information about themselves that is available publicly or to other users; and
Original wording
On page 11, line 22, strike “a commercially operated” and insert “an”.
Change 24: Strikes “, such as a forum” through “messenger”
In S. 431 · Reported to Senate
"(A) allows users, through the creation of web pages or profiles or by other means, to provide information about themselves that is available publicly or to other users; and
"(B) offers a mechanism for communication with other users
[struck: , such as a forum, chat room, electronic mail, or instant messenger]."(16) The term 'chat room' means any Internet service through which a number of users can communicate in real time so that communications are almost immediately available to all other users or to a designated segment of all other users.
Original wording
On page 12, line 8, strike “, such as a forum” and all that follows through “messenger” on line 9.
Change 25: Strikes page 12, lines 15–19
StrikesPrinted pageRemoves page 12, lines 15–19 of the printed bill. See that page
Original wording
On page 12, strike lines 15 through 19.
Change 26: Replaces “(17)” with “(16)”
In S. 431 · Reported to Senate
"(16) The term 'chat room' means any Internet service through which a number of users can communicate in real time so that communications are almost immediately available to all other users or to a designated segment of all other users.
"(
[struck: 17][inserted: 16]) The term 'Internet' has the meaning given that term in section 1101 of the Internet Tax Freedom Act (47 U.S.C. 151 note)."(18) The term 'electronic mail address' has the meaning given that term in section 3 of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (15 U.S.C. 7702).
Original wording
On page 12, line 20, strike “(17)” and insert “(16)”.
Change 27: Replaces “(18)” with “(17)”
In S. 431 · Reported to Senate
"(17) The term 'Internet' has the meaning given that term in section 1101 of the Internet Tax Freedom Act (47 U.S.C. 151 note).
"(
[struck: 18][inserted: 17]) The term 'electronic mail address' has the meaning given that term in section 3 of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (15 U.S.C. 7702)."(19) The term 'instant message address' means an identifier that allows a person to communicate in real-time with another person using the Internet.".
Original wording
On page 12, line 23, strike “(18)” and insert “(17)”.
Change 28: Rewrites page 13, line 10 through page 14, line 13
ReplacesPrinted pageRemoves page 13, line 10 through page 14, line 13 of the printed bill. See that page
Inserted: Section 2422 of title 18, United States Code, is amended by adding at the end the following:
Inserted: "(c) Misrepresentation of Age.--Whoever knowingly misrepresents his or her age using the Internet or any other facility or means of interstate or foreign commerce or the mail, with the intent to further or facilitate a violation of this section, shall be fined under this title and imprisoned not more than 20 years. A sentence imposed under this subsection shall be in addition and consecutive to any sentence imposed for the offense the age misrepresentation was intended to further or facilitate.".
Original wording
On page 13, strike line 10 and all that follows through page 14, line 13, and insert the following:
Change 29: Replaces “WATCH” with “VIEW”
In S. 431 · Reported to Senate
"(c) Age of Misrepresentation.--Any person 18 years or older who knowingly misrepresents his or her age with the intent to use the Internet, to operate a facility, by mail, or by any other means of interstate or foreign commerce to engage in criminal sexual conduct involving a minor who is at least 4 years younger than the person engaging in such conduct, or to facilitate or attempt such conduct, shall be fined under this title and imprisoned for not more than 20 years. Such penalty shall be in addition to any penalty pursuant to the laws of any jurisdiction for the crime of using the Internet to engage in criminal sexual conduct involving a minor, or to facilitate or attempt such conduct.".
SEC. 6. KNOWINGLY ACCESSING CHILD PORNOGRAPHY WITH THE INTENT TO
[struck: WATCH][inserted: VIEW] CHILD PORNOGRAPHY.(a) Materials Involving Sexual Exploitation of Minors.--Section 2252(a)(4) of title 18, United States Code, is amended--
Original wording
On page 14, line 15, strike “WATCH” and insert “VIEW”.
Change 30: Strikes “and”
Struck: and
Original wording
On page 15, line 21, strike “and”.
Change 31: Inserts new text on page 15, between lines 21 and 22
InsertsPrinted pageInserted: (C) in subsection (c), by striking "computer" each place that term appears and inserting "using any means or facility of interstate or foreign commerce"; and
Original wording
On page 15, between lines 21 and 22, insert the following:
Change 32: Replaces “(C)” with “(D)”
[struck: (C)][inserted: (D)]Original wording
On page 15, line 22, strike “(C)” and insert “(D)”.
Change 33: Strikes “and”
Struck: and
Original wording
On page 16, line 15, strike “and”.
Change 34: Inserts new text on page 16, between lines 15 and 16
InsertsPrinted pageInserted: (C) in paragraph (3)--
Inserted: (i) by inserting "using any means or facility of interstate or foreign commerce" after "so shipped or transported"; and
Inserted: (ii) by striking "by any means,"; and
Original wording
On page 16, between lines 15 and 16, insert the following:
Change 35: Replaces “(C)” with “(D)”
[struck: (C)][inserted: (D)]Original wording
On page 16, line 16, strike “(C)” and insert “(D)”.
Change 36: Inserts new text on page 16, between lines 23 and 24
InsertsPrinted pageInserted: (B) in paragraph (2), by inserting "using any means or facility of interstate or foreign commerce" after "mailed, or" each place it appears;
Original wording
On page 16, between lines 23 and 24, insert the following:
Change 37: Replaces “(B)” with “(C)”
[struck: (B)][inserted: (C)]Original wording
On page 16, line 24, strike “(B)” and insert “(C)”.
Change 38: Replaces “(C)” with “(D)”
[struck: (C)][inserted: (D)]Original wording
On page 17, line 3, strike “(C)” and insert “(D)”.
Change 39: Replaces “(D)” with “(E)”
[struck: (D)][inserted: (E)]Original wording
On page 17, line 7, strike “(D)” and insert “(E)”.
Shown as written
On page 13, strike line 3 and all that follows through the first period on line 6.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 4798. Mr. REID (for Mr. Schumer (for himself and Mr. McCain)) proposed an amendment to the bill S. 431, to require convicted sex offenders to register online identifiers, and for other purposes; as follows:
On page 2, line 3, strike “2007” and insert “2008”.
On page 2, line 4, strike “2007” and insert “2008”.
On page 2, lines 18 and 19, strike “, instant message address,”.
On page 2, line 20, strike “an”.
On page 2, strike line 22, and all that follows through page 3, line 5, and insert the following:
(b) Updating of Information.--Section 113(c) of the Sex Offender Registration and Notification Act (42 U.S.C. 16913(c)) is amended by adding at the end the following: “The Attorney General shall have the authority to specify the time and manner for reporting of other changes in registration information, including any addition or change of an electronic mail address or other designation used for self-identification or routing in Internet communication or posting.”.
On page 3, strike line 12 and all that follows through page 4, line 3, and insert the following:
“(d) Knowing Failure to Register Online Identifiers.--Whoever--
“(1) is required to register under the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.); and
“(2) uses an email address or any other designation used for self-identification or routing in Internet communication or posting which the individual knowingly failed to provide for inclusion in a sex offender registry as required under that Act;
shall be fined under this title or imprisoned not more than 10 years, or both.”.
On page 4, strike lines 11 through 13, and insert the following:
SEC. 3. CHECKING OF ONLINE IDENTIFIERS AGAINST SEX OFFENDER REGISTRATION INFORMATION.
On page 4, line 23 strike “, instant” and all that follows through “offender” on line 25, and insert “or designation used for self-identification or routing in Internet communication or posting”.
On page 5, strike line 1 and all that follows through page 9, line 6, and insert the following:
(b) Online Identifier Checking System for Social Networking Websites.--Section 121 of the Sex Offender Registration and Notification Act (42 U.S.C. 16921) is amended by adding at the end the following:
“(d) Checking System for Social Networking Websites.--
“(1) In general.--The Attorney General shall maintain a system available to social networking websites that permits the automated comparison of lists or databases of the electronic mail addresses and other designations used for self-identification or routing in Internet communication or posting of the registered users of such websites, to the corresponding information contained in or derived from sex offender registries.
“(2) Qualification for use of system.--A social networking website seeking to use the system established under paragraph (1) shall submit an application to the Attorney General which provides--
“(A) the name and legal status of the website;
“(B) the contact information for the website;
“(C) a description of the nature and operations of the website;
“(D) a statement explaining why the website seeks to use the system; and
“(E) such other information or attestations as the Attorney General may require to ensure that the website will use the system--
“(i) to protect the safety of the users of such website; and
“(ii) not for any unlawful or improper purpose.
“(3) Searches against the system.--
“(A) In general.--A social networking website approved to use the system established under paragraph (1) shall--
“(i) submit the information to be compared in a form satisfying the technical requirements for searches against the system; and
“(ii) pay any fee established by the Attorney General for use of the system.
“(B) Frequency of use of the system.--A social networking website approved by the Attorney General to use the system established under paragraph (1) may conduct searches under the system as frequently as the Attorney General may allow.
“(C) Authority of ag to suspend use.--The Attorney General may deny, suspend, or terminate use of the system by a social networking website that--
“(i) provides false information in its application for use of the system; or
“(ii) may be using or seeks to use the system for any unlawful or improper purpose.
“(4) Limitation on release of internet identifiers.--
“(A) No public release.--Neither the Attorney General nor a social networking website approved to use the system established under paragraph (1) may release to the public any list of the e-mail addresses or other designations used for self-identification or routing in Internet communication or posting of sex offenders contained in the system.
“(B) Additional limitations.--The Attorney General shall limit the release of information obtained through the use of the system established under paragraph (1) by social networking websites approved to use such system.
“(C) Strict adherence to limitation.--The use of the system established under paragraph (1) by a social networking website shall be conditioned on the website's agreement to observe the limitations required 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.”.
On page 9, line 9, strike “commercial”.
On page 9, line 10, insert “parent,”after “employee,”.
On page 9, line 11, strike “commercial”.
On page 9, line 17, strike “commercial”.
On page 9, line 19, strike “commercial”.
On page 10, line 10, strike “commercial”.
On page 10, line 16, strike “commercial”.
On page 10, lines 19 and 20, strike “, instant message addresses,”.
On page 10, lines 20 and 21, strike “and other similar Internet identifiers of” and insert “and other designations used for self-identification or routing in Internet communication or posting by”.
On page 10, line 25, strike “commercial”.
On page 11, lines 2 and 3, strike “, instant message addresses,”.
On page 11, lines 3 and 4, strike “and other similar Internet identifiers of” and insert “and other designations used for self-identification or routing in Internet communication or posting by”.
On page 11, line 21, strike “commercial”.
On page 11, line 22, strike “a commercially operated” and insert “an”.
On page 12, line 8, strike “, such as a forum” and all that follows through “messenger” on line 9.
On page 12, strike lines 15 through 19.
On page 12, line 20, strike “(17)” and insert “(16)”.
On page 12, line 23, strike “(18)” and insert “(17)”.
On page 13, strike line 3 and all that follows through the first period on line 6.
On page 13, strike line 10 and all that follows through page 14, line 13, and insert the following:
Section 2422 of title 18, United States Code, is amended by adding at the end the following:
“(c) Misrepresentation of Age.--Whoever knowingly misrepresents his or her age using the Internet or any other facility or means of interstate or foreign commerce or the mail, with the intent to further or facilitate a violation of this section, shall be fined under this title and imprisoned not more than 20 years. A sentence imposed under this subsection shall be in addition and consecutive to any sentence imposed for the offense the age misrepresentation was intended to further or facilitate.”.
On page 14, line 15, strike “WATCH” and insert “VIEW”.
On page 15, line 21, strike “and”.
On page 15, between lines 21 and 22, insert the following:
(C) in subsection (c), by striking “computer” each place that term appears and inserting “using any means or facility of interstate or foreign commerce”; and
On page 15, line 22, strike “(C)” and insert “(D)”.
On page 16, line 15, strike “and”.
On page 16, between lines 15 and 16, insert the following:
(C) in paragraph (3)--
(i) by inserting “using any means or facility of interstate or foreign commerce” after “so shipped or transported”; and
(ii) by striking “by any means,”; and
On page 16, line 16, strike “(C)” and insert “(D)”.
On page 16, between lines 23 and 24, insert the following:
(B) in paragraph (2), by inserting “using any means or facility of interstate or foreign commerce” after “mailed, or” each place it appears;
On page 16, line 24, strike “(B)” and insert “(C)”.
On page 17, line 3, strike “(C)” and insert “(D)”.
On page 17, line 7, strike “(D)” and insert “(E)”.
Legislative Activity
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Senate amendment submitted
May 20, 2008
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Senate amendment submitted
May 20, 2008
Senate amendment proposed (on the floor): Amendment SA 4798 proposed by Senator Reid for Senator Schumer.(consideration: CR S4553)
May 20, 2008
Senate amendment agreed to: Amendment SA 4798 agreed to in Senate by Unanimous Consent.
May 20, 2008
Amendment SA 4798 proposed by Senator Reid for Senator Schumer. (consideration: CR S4553) To improve the bill.
May 20, 2008
Amendment SA 4798 agreed to in Senate by Unanimous Consent.
May 20, 2008