S. 3170Senate115th Congress (2017-2019)Enacted

CyberTipline Modernization Act of 2018

Introduced June 28, 2018

AI-Generated Summary

Updated April 15, 2026 at 10:55 PM UTC

The CyberTipline Modernization Act of 2018 updates federal law on how online service providers must report child sexual exploitation material. It expands the types of information that must be reported to the National Center for Missing & Exploited Children (NCMEC) and clarifies how NCMEC can share those reports with U.S. and foreign law‑enforcement agencies. The bill also narrows providers’ liability when they comply with these reporting duties.

Key Provisions

  • Replaces references to "electronic communication service providers and remote computing service providers" with the broader term "providers" throughout the reporting statutes.
  • Requires providers to report to the CyberTipline as soon as reasonably possible after gaining actual knowledge of any apparent or imminent child sexual exploitation, and to supply contact information.
  • Expands reportable information to include URLs, payment data (excluding personal identifiers), geographic location details, and any visual depictions or related content.
  • Allows NCMEC to forward reports to federal, state, local, and designated foreign law‑enforcement agencies involved in child sexual exploitation investigations.
  • Adds limited‑liability protections for providers and domain‑name registrars when they make good‑faith reports.
  • Defines “provider” as an electronic communication service provider or remote computing service and clarifies the meaning of “NCMEC.”
  • Updates section titles and references to reflect the broader terminology and modernized reporting framework.

Legislative Activity

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18 earlier actions
Became Law Latest Action

Became Public Law No: 115-395.

December 21, 2018

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SenateIntro Referral

Introduced in Senate

June 28, 2018

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S4738-4740)

June 28, 2018

SenateCommittee

Committee on the Judiciary. Ordered to be reported without amendment favorably.

September 13, 2018

SenateCommittee

Committee on the Judiciary. Reported by Senator Grassley without amendment. Without written report.

September 18, 2018

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 582.

September 18, 2018

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S6364)

September 27, 2018

SenateFloor

Passed Senate with an amendment by Unanimous Consent.

September 27, 2018

HouseFloor

Received in the House.

September 28, 2018 • 11:11 AM

SenateFloor

Message on Senate action sent to the House.

September 28, 2018

HouseIntro Referral

Referred to the House Committee on the Judiciary.

September 28, 2018

HouseFloor

Mr. Goodlatte asked unanimous consent to discharge from committee and consider.

December 12, 2018 • 4:21 PM

HouseCommittee

Committee on the Judiciary discharged.

December 12, 2018

HouseFloor

Considered by unanimous consent. (consideration: CR H10153-10155)

December 12, 2018 • 4:22 PM

SenateFloor

Passed/agreed to in House: On passage Passed without objection.(text: CR H10153-10155)

December 12, 2018 • 4:22 PM

HouseFloor

On passage Passed without objection. (text: CR H10153-10155)

December 12, 2018 • 4:22 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

December 12, 2018 • 4:22 PM

President

Presented to President.

December 20, 2018

Became Law

Signed by President.

December 21, 2018

Became Law

Became Public Law No: 115-395.

December 21, 2018

Amendments

1 amendment

Offered to this bill

Floor Debate

8 members

What members said about S. 3170 on the floor

4 Republicans4 Democrats
Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Jun 28, 2018

Mr. President, today, I am joining with Senator Murray in introducing the Border Zone Reasonableness Restoration Act of 2018. This legislation, if enacted, will establish critical privacy protections…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Jun 28, 2018

Mr. President, I rise today to introduce legislation with my colleague from Maryland, Senator Ben Cardin, which would increase access to preventive bone density screenings and improve osteoporosis…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jun 28, 2018

Mr. President, I rise today to introduce the Protect Our Food From Phthalate Contamination Act. This bill would ban chemicals called ortho-phthalates from materials that come in contact with our…

Bob Goodlatte
Rep. Bob GoodlatteR-VA-6 · Dec 12, 2018

Mr. Speaker, I ask unanimous consent that the Committee on the Judiciary be discharged from further consideration of the bill (S. 3170) to amend title 18, United States Code, to make certain changes…

David Perdue
Sen. David PerdueR-GA · Sep 27, 2018

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 582, S. 3170. I ask unanimous consent that the Grassley amendment at the desk be agreed…

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John Cornyn
Sen. John CornynR-TX · Jun 28, 2018

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jun 28, 2018

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mitch McConnell
Sen. Mitch McConnellR-KY · Jun 28, 2018

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

John Cornyn
Sen. John CornynR-TX · Jun 28, 2018

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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One Hundred Fifteenth Congress of the United States of America

2d Session

Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen

S. 3170

AN ACT

To amend title 18, United States Code, to make certain changes to the reporting requirement of certain service providers regarding child sexual exploitation visual depictions, and for other purposes.

1.

Short title

This Act may be cited as the CyberTipline Modernization Act of 2018.

2.

Alterations to reporting requirements for electronic service providers and remote computing service providers

Section 2258A of title 18, United States Code, is amended—

(1)

in the heading, by striking electronic communication service providers and remote computing service providers and inserting providers;

(2)

in subsection (a)—

(A)

by amending paragraph (1) to read as follows:

(1)

In general

(A)

Duty

In order to reduce the proliferation of online child sexual exploitation and to prevent the online sexual exploitation of children, a provider—

(i)

shall, as soon as reasonably possible after obtaining actual knowledge of any facts or circumstances described in paragraph (2)(A), take the actions described in subparagraph (B); and

(ii)

may, after obtaining actual knowledge of any facts or circumstances described in paragraph (2)(B), take the actions described in subparagraph (B).

(B)

Actions described

The actions described in this subparagraph are—

(i)

providing to the CyberTipline of NCMEC, or any successor to the Cy­ber­Tip­line operated by NCMEC, the mailing address, telephone number, facsimile number, electronic mailing address of, and individual point of contact for, such provider; and

(ii)

making a report of such facts or circumstances to the CyberTipline, or any successor to the CyberTipline operated by NCMEC.

; and

(B)

by amending paragraph (2) to read as follows:

(2)

Facts or circumstances

(A)

Apparent violations

The facts or circumstances described in this subparagraph are any facts or circumstances from which there is an apparent violation of section 2251, 2251A, 2252, 2252A, 2252B, or 2260 that involves child pornography.

(B)

Imminent violations

The facts or circumstances described in this subparagraph are any facts or circumstances which indicate a violation of any of the sections described in subparagraph (A) involving child pornography may be planned or imminent.

;

(3)

in subsection (b)—

(A)

in the matter preceding paragraph (1)—

(i)

by striking To the extent and inserting In an effort to prevent the future sexual victimization of children, and to the extent;

(ii)

by striking an electronic communication service provider or a remote computing service provider and inserting a provider; and

(iii)

by striking may include and inserting may, at the sole discretion of the provider, include;

(B)

in paragraph (1)—

(i)

by inserting or plans to violate after who appears to have violated; and

(ii)

by inserting payment information (excluding personally identifiable information), after uniform resource locator,;

(C)

in paragraph (2)—

(i)

by striking an electronic communication service or a remote computing service and inserting a provider;

(ii)

by striking apparent child pornography each place it appears and inserting content relating to the report; and

(iii)

by striking the electronic communication service provider or remote computing service provider and inserting the provider;

(D)

by amending paragraph (3) to read as follows:

(3)

Geographic location information

Information relating to the geographic location of the involved individual or website, which may include the Internet Protocol address or verified address, or, if not reasonably available, at least one form of geographic identifying information, including area code or zip code, provided by the customer or subscriber, or stored or obtained by the provider.

;

(E)

in paragraph (4)—

(i)

in the heading by striking Images and inserting Visual depictions;

(ii)

by striking image and inserting visual depiction; and

(iii)

by inserting or other content after apparent child pornography; and

(F)

in paragraph (5)—

(i)

by striking image and inserting visual depiction;

(ii)

by inserting or other content after apparent child pornography; and

(iii)

by striking images and inserting visual depictions;

(4)

by amending subsection (c) to read as follows:

(c)

Forwarding of report to law enforcement

Pursuant to its clearinghouse role as a private, nonprofit organization, and at the conclusion of its review in furtherance of its nonprofit mission, NCMEC shall make available each report made under subsection (a)(1) to one or more of the following law enforcement agencies:

(1)

Any Federal law enforcement agency that is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes.

(2)

Any State or local law enforcement agency that is involved in the investigation of child sexual exploitation.

(3)

A foreign law enforcement agency designated by the Attorney General under subsection (d)(3) or a foreign law enforcement agency that has an established relationship with the Federal Bureau of Investigation, Immigration and Customs Enforcement, or INTERPOL, and is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes.

;

(5)

in subsection (d)—

(A)

in paragraph (2), by striking shall designate promptly the and inserting may designate a;

(B)

in paragraph (3)—

(i)

in the matter preceding subparagraph (A), by striking shall promptly and inserting may; and

(ii)

in subparagraph (A), by striking designate the and inserting designate;

(C)

in paragraph (4)—

(i)

by striking shall and inserting may;

(ii)

by striking the National Center for Missing and Exploited Children and inserting NCMEC; and

(iii)

by striking electronic communication service providers, remote computing service providers and inserting providers;

(D)

by striking paragraph (5);

(E)

by redesignating paragraph (6) as paragraph (5); and

(F)

by amending paragraph (5), as so redesignated, to read as follows:

(5)

Notification to providers

(A)

In general

NCMEC may notify a provider of the information described in subparagraph (B), if—

(i)

a provider notifies NCMEC that the provider is making a report under this section as the result of a request by a foreign law enforcement agency; and

(ii)

NCMEC forwards the report described in clause (i) to—

(I)

the requesting foreign law enforcement agency; or

(II)

another agency in the same country designated by the Attorney General under paragraph (3) or that has an established relationship with the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement, or INTERPOL and is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes.

(B)

Information described

The information described in this subparagraph is—

(i)

the identity of the foreign law enforcement agency to which the report was forwarded; and

(ii)

the date on which the report was forwarded.

(C)

Notification of inability to forward report

If a provider notifies NCMEC that the provider is making a report under this section as the result of a request by a foreign law enforcement agency and NCMEC is unable to forward the report as described in subparagraph (A)(ii), NCMEC shall notify the provider that NCMEC was unable to forward the report.

;

(6)

in subsection (e), by striking An electronic communication service provider or remote computing service provider and inserting A provider;

(7)

in subsection (f)—

(A)

in the matter preceding paragraph (1), by striking an electronic communication service provider or a remote computing service provider and inserting a provider; and

(B)

in paragraph (3), by striking seek and inserting search, screen, or scan for;

(8)

in subsection (g)—

(A)

in paragraph (2)—

(i)

in subparagraph (A)(vi), by striking an electronic communication service provider or remote computing service provider and inserting a provider; and

(ii)

by amending subparagraph (B) to read as follows:

(B)

Limitation

Nothing in subparagraph (A)(vi) authorizes a law enforcement agency to provide visual depictions of apparent child pornography to a provider.

;

(B)

in paragraph (3)—

(i)

in the paragraph heading, by striking the National Center for Missing and Exploited Children and inserting NCMEC;

(ii)

in the matter preceding subparagraph (A)—

(I)

by striking The National Center for Missing and Exploited Children and inserting NCMEC;

(II)

by inserting after may disclose the following: by mail, electronic transmission, or other reasonable means,; and

(III)

by striking only and inserting only to;

(iii)

in subparagraph (A)—

(I)

by striking to any Federal law enforcement agency and inserting any Federal law enforcement agency; and

(II)

by inserting before the semicolon at the end the following: or that is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes;

(iv)

in subparagraph (B)—

(I)

by striking to any State and inserting any State; and

(II)

by striking child pornography, child exploitation and inserting child sexual exploitation;

(v)

in subparagraph (C)—

(I)

by striking to any foreign law enforcement agency and inserting any foreign law enforcement agency; and

(II)

by striking ; and and inserting or that has an established relationship with the Federal Bureau of Investigation, Immigration and Customs Enforcement, or INTERPOL, and is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes;;

(vi)

in subparagraph (D)—

(I)

by striking to an electronic communication service provider or remote computing service provider and inserting a provider; and

(II)

by striking the period at the end and inserting ; and; and

(vii)

by adding after subparagraph (D) the following:

(E)

respond to legal process, as necessary.

; and

(C)

by adding at the end the following:

(4)

Permitted disclosure by a provider

A provider that submits a report under subsection (a)(1) may disclose by mail, electronic transmission, or other reasonable means, information, including visual depictions contained in the report, in a manner consistent with permitted disclosures under paragraphs (3) through (8) of section 2702(b) only to a law enforcement agency described in subparagraph (A), (B), or (C) of paragraph (3), to NCMEC, or as necessary to respond to legal process.

; and

(9)

in subsection (h)—

(A)

in paragraph (1)—

(i)

by striking the notification to an electronic communication service provider or a remote computing service provider by the CyberTipline of receipt of a report and inserting a completed submission by a provider of a report to the Cy­ber­Tip­line; and

(ii)

by striking , as if such request was made pursuant to section 2703(f) and inserting the contents provided in the report for 90 days after the submission to the CyberTipline;

(B)

by striking paragraph (2);

(C)

by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively;

(D)

in paragraph (2), as so redesignated—

(i)

in the heading, by striking images and inserting content;

(ii)

by striking an electronic communication service provider or a remote computing service and inserting a provider;

(iii)

by striking images and inserting visual depictions; and

(iv)

by striking commingled or interspersed among the images of apparent child pornography within a particular communication or user created folder or directory and inserting reasonably accessible and may provide context or additional information about the reported material or person; and

(E)

in paragraph (3), as so redesignated, by striking An electronic communication service or remote computing service and inserting A provider.

3.

Limited liability for providers or domain name registrars

Section 2258B of title 18, United States Code, is amended—

(1)

in the heading—

(A)

by striking electronic communication service providers, remote computing service providers, and inserting providers; and

(B)

by striking registrar and inserting registrars;

(2)

in subsection (a)—

(A)

by striking an electronic communication service provider, a remote computing service provider, and inserting a provider; and

(B)

by striking such electronic communication service provider, remote computing service provider, each place it appears and inserting such provider;

(3)

in subsection (b), by striking electronic communication service provider, remote computing service provider, each place it appears and inserting provider; and

(4)

in subsection (c)—

(A)

by striking image each place it appears and inserting visual depiction; and

(B)

in the matter preceding paragraph (1), by striking An electronic communication service provider, a remote computing service provider, and inserting A provider.

4.

Use to combat child pornography of technical elements relating to reports made to CyberTipline

Section 2258C of title 18, United States Code, is amended—

(1)

in the heading, by striking to images reported to and inserting to reports made to;

(2)

in subsection (a)—

(A)

in paragraph (1)—

(i)

by striking The National Center for Missing and Exploited Children and inserting NCMEC;

(ii)

by striking apparent child pornography image of an identified child and inserting CyberTipline report;

(iii)

by striking an electronic communication service provider or a remote computing service provider and inserting a provider;

(iv)

by striking that electronic communication service provider or remote computing service provider and inserting that provider; and

(v)

by striking further transmission of images and inserting online sexual exploitation of children;

(B)

in paragraph (2), by striking specific image, Internet location of images, and other technological elements that can be used to identify and stop the transmission of child pornography and inserting specific visual depiction, including an Internet location and any other elements provided in a CyberTipline report that can be used to identify, prevent, curtail, or stop the transmission of child pornography and prevent the online sexual exploitation of children; and

(C)

in paragraph (3), by striking actual images and inserting actual visual depictions of apparent child pornography;

(3)

in subsection (b)—

(A)

in the heading, by striking electronic communication service providers and remote computing service providers and inserting providers;

(B)

by striking electronic communication service provider or remote computing service provider each place it appears and inserting provider;

(C)

by striking apparent child pornography image of an identified child from the National Center for Missing and Exploited Children and inserting CyberTipline report from NCMEC;

(D)

by striking shall not relieve that and inserting shall not relieve the; and

(E)

by striking its reporting obligations and inserting reporting;

(4)

in subsection (c)—

(A)

by striking electronic communication service providers or remote computing service providers and inserting providers;

(B)

by striking apparent child pornography image of an identified child from the National Center for Missing and Exploited Children and inserting CyberTipline report from NCMEC; and

(C)

by striking further transmission of the images and inserting online sexual exploitation of children;

(5)

in subsection (d)—

(A)

by striking The National Center for Missing and Exploited Children shall and inserting NCMEC may;

(B)

by inserting after local law enforcement the following: , and to foreign law enforcement agencies described in section 2258A(c)(3),;

(C)

by striking investigation of child pornography and inserting investigation of child sexual exploitation;

(D)

by striking image of an identified child and inserting visual depiction; and

(E)

by striking reported to the National Center for Missing and Exploited Children and inserting reported to the CyberTipline; and

(6)

in subsection (e)—

(A)

by inserting before Federal the following: foreign,;

(B)

by striking image of an identified child from the National Center for Missing and Exploited Children under section (d) and inserting visual depiction from NCMEC under subsection (d);

(C)

by striking child pornography crimes and inserting child sexual exploitation crimes,; and

(D)

by inserting before the period at the end the following: and prevent future sexual victimization of children.

5.

Limited liability for NCMEC

Section 2258D of title 18, United States Code, is amended—

(1)

in the heading, by striking the National Center for Missing and Exploited Children and inserting NCMEC;

(2)

in subsection (a)—

(A)

by striking Except as provided and inserting Pursuant to its clearinghouse role as a private, nonprofit organization and its mission to help find missing children, reduce online sexual exploitation of children and prevent future victimization, and except as provided;

(B)

by striking the National Center for Missing and Exploited Children and inserting NCMEC;

(C)

by striking (42 U.S.C. 5773) and inserting (34 U.S.C. 11293);

(D)

by striking such center each place it appears and inserting NCMEC; and

(E)

by striking from the effort and inserting from the efforts;

(3)

in subsection (b)—

(A)

by striking the National Center for Missing and Exploited Children and inserting NCMEC;

(B)

by striking such center and inserting NCMEC; and

(C)

by striking (42 U.S.C. 5773) and inserting (34 U.S.C. 11293); and

(4)

in subsection (d)—

(A)

in the matter preceding paragraph (1), by striking The National Center for Missing and Exploited Children and inserting NCMEC; and

(B)

by striking image each place it appears and inserting visual depiction.

6.

Definitions

Section 2258E of title 18, United States Code, is amended—

(1)

in the matter preceding paragraph (1), by striking 2258D and inserting 2258E;

(2)

in paragraph (5), by striking and at the end;

(3)

by redesignating paragraph (6) as paragraph (8); and

(4)

by inserting after paragraph (5) the following:

(6)

the term provider means an electronic communication service provider or remote computing service;

(7)

the term NCMEC means the National Center for Missing & Exploited Children; and

.

7.

Technical and conforming amendment

The table of sections for chapter 110 of title 18, United States Code, is amended by striking the items relating to sections 2258A, 2258B, 2258C, and 2258D and inserting the following:

2258A. Reporting requirements of providers.

2258B. Limited liability for providers or domain name registrars.

2258C. Use to combat child pornography of technical elements relating to reports made to the CyberTipline.

2258D. Limited liability for NCMEC.

.

Speaker of the House of Representatives

Vice President of the United States and President of the Senate