[Federal Register Volume 64, Number 101 (Wednesday, May 26, 1999)]
[Proposed Rules]
[Pages 28422-28424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13427]
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DEPARTMENT OF JUSTICE
28 CFR Part 81
[AG Order No. 2226-99]
RIN 1105-AA65
Office of the Attorney General; Designation of Agencies To
Receive and Investigate Reports Required Under the Protection of
Children From Sexual Predators Act
AGENCY: Department of Justice.
ACTION: Proposed rule.
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SUMMARY: This proposed rule is intended to carry out the Attorney
General's responsibilities under the child pornography reporting
provisions of the Protection of Children from Sexual Predators Act of
1998 (PCSPA). The PCSPA requires providers of an electronic
communication service or a remote computing service to the public,
through a facility or means of interstate or foreign commerce, to
report incidents of child pornography, as defined by section 2251,
2251A, 2252, 2252A, or 2260 of title 18, United States Code, to the
appropriate Federal agency. In order to facilitate effective reporting,
the PCSPA requires the Attorney General to designate ``a law
enforcement agency or agencies'' to receive and investigate such
reports of child pornography. This proposed rule sets forth the
Attorney General's proposed designations and certain other matters
covered by the PCSPA's reporting requirements.
DATES: Written comments must be submitted on or before July 26, 1999.
ADDRESSES: Please submit written comments, in triplicate, to the Chief,
Child Exploitation and Obscenity Section, Criminal Division, Department
[[Page 28423]]
of Justice, 1331 F Street, NW, Suite 600, Washington, DC 20530.
Comments are available for public inspection at the above address by
calling (202) 514-5780 to arrange for an appointment.
FOR FURTHER INFORMATION CONTACT:
Terry R. Lord, Chief, Child Exploitation and Obscenity Section,
Criminal Division, (202) 514-5780, or in writing at 1331 F Street, NW,
Suite 600, Washington, DC 20530.
SUPPLEMENTARY INFORMATION: The child pornography reporting provisions
of the Protection of Children from Sexual Predators Act (PCSPA) were
enacted as Section 604 of the Act, Public Law 105-314, 112 Stat. 2974,
codified at 42 U.S.C. 13032, and 18 U.S.C. 2702(b)(6). As set forth at
42 U.S.C. 13032, the PCSPA requires providers of electronic
communication services or remote computing services to the public,
through a facility or means of interstate or foreign commerce, who
obtain knowledge of facts or circumstances from which a violation of
sections 2251, 2251A, 2252, 2252A, or 2260 of title 18, United States
Code, involving child pornography, as defined in section 2256 of title
18, United States Code, is apparent, to make a report of such facts or
circumstances to a law enforcement agency or agencies designated by the
Attorney General. Set forth below for public comment is the proposed
rule promulgating the Attorney General's designation of the agencies to
receive and investigate these reports of child pornography. Under the
proposed rule, reports of child pornography made pursuant to 42 U.S.C.
13032 are to be submitted to the Federal agencies that currently have
jurisdiction to investigate reports of child pornography on electronic
communication services or remote computing services.
Regulatory Flexibility Act
The Attorney General in accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it
certifies that this regulation will not have a significant economic
impact upon a substantial number of small entities. Rather than
requiring the costly submission of a written report and accompanying
evidence to the FBI or U.S. Customs Service, the proposed regulation
requires that the electronic communication service or remote computing
service notify the FBI or U.S. Customs Service by telephone, either to
a local office or an ``800'' number, or by a special Internet tip line
operated by the agencies. In this manner, the proposed regulation
complies with the reporting statute, while limiting the service
provider's costs as much as possible.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by the Small Business
Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804. This rule
will not result in an annual effect on the economy of $100,000,000 or
more; a major increase in costs or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based companies to
compete with foreign-based companies in domestic and export markets.
Executive Order 12866
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, Sec. 1(b), Principles of Regulation. The
Department of Justice has determined that this rule is not a
``significant regulatory action'' under Sec. 3(f) of Executive Order
12866, Regulatory Planning and Review because it will have an annual
effect on the economy of less than $100 million. As noted, the costs of
compliance for the electronic communications and remote computing
service industry have been limited to the costs of a telephonic report.
Accordingly, this rule has not been reviewed by the Office of
Management and Budget.
Executive Order 12612
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 12612, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Executive Order 12988--Civil Justice Reform
This regulation meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988.
Plain Language Instructions
We try to write clearly. If you suggest how to improve the clarity
of these regulations, call or write Terry R. Lord, Chief, Child
Exploitation and Obscenity Section, Criminal Division, 1331 F Street,
NW, Suite 600, Washington, DC 20530, (202) 514-5780.
List of Subjects in 28 CFR Part 81
Child abuse, Federal buildings and facilities, Child pornography,
Electronic communication services, Remote computing services.
By virtue of the authority vested in me as Attorney General,
including 28 U.S.C. 509 and 510, 5 U.S.C. 301, 42 U.S.C. 13032, and
Public Law 105-314, 112 Stat. 2974, Part 81 of title 28, Code of
Federal Regulations, is proposed to be amended as follows:
PART 81--CHILD ABUSE AND CHILD PORNOGRAPHY REPORTING DESIGNATIONS
AND PROCEDURES
1. The heading for Part 81 is revised as set forth above.
2. The authority citation for Part 81 is revised to read as
follows:
Authority: 28 U.S.C. 509, 510; 42 U.S.C. 13031, 13032.
3. Sections 81.1 through 81.5 are designated as subpart A and a new
subpart heading is added to read as follows:
Subpart A--Child Abuse Reporting Designations and Procedures
4. Section 81.1 is amended by removing the words ``this part'' and
inserting in their place ``this subpart A.''
5. Part 81 is amended by adding at the end thereof the following
new subpart B to read as follows:
Subpart B--Child Pornography Reporting Designations and Procedures
Sec.
81.11 Purpose.
81.12 Submission of reports; designation of agencies in cases where
identifying information about the perpetrator is known.
81.13 Designation of FBI and United States Customs Service in cases
where the identity of the perpetrator is unknown.
81.14 Contents of report; no duty to develop additional information
or monitor customer use or content.
81.15 Definitions.
[[Page 28424]]
Sec. 81.11 Purpose.
The regulations in this subpart B designate the agencies that are
authorized to receive and investigate reports of child pornography
under the provisions of 42 U.S.C. 13032.
Sec. 81.12 Submission of reports; designation of agencies in cases
where identifying information about the perpetrator is known.
Where the provider of the electronic communication service or
remote computing service to the public learns of information concerning
a violation of federal child pornography statutes, as defined by
section 2251, 2251A, 2252, 2252A, or 2260 of title 18, United States
Code, it shall report the violation, as required by 42 U.S.C. 13032, to
the Federal Bureau of Investigation or the United States Customs
Service. If the provider knows the location of the perpetrator, it
shall report the violation to the Federal Bureau of Investigation in
the state where the perpetrator lives. If the provider knows that the
perpetrator is located in a foreign country, it shall report the
violation to the United States Customs Service. The Federal Bureau of
Investigation and the United States Customs Service are hereby
respectively designated as the agency to receive and investigate such
reports, pursuant to 42 U.S.C. 13032(b)(2).
Sec. 81.13 Designation of Federal Bureau of Investigation and United
States Customs Service in cases where the identity of the perpetrator
is unknown.
For cases where the identity of the perpetrator is unknown, the
Federal Bureau of Investigation is hereby designated as the agency to
receive and investigate reports of child pornography made pursuant to
42 U.S.C. 13032. For cases where the identity of the perpetrator is
unknown, but the items of child pornography are believed to be of
foreign origin, the United States Customs Service is designated as the
agency to receive and investigate reports of child pornography made
pursuant to 42 U.S.C. 13032. The provider shall report the violation to
the Federal Bureau of Investigation or the United States Customs
Service in the state where the provider is located.
Sec. 81.14 Contents of report; no duty to develop additional
information or monitor customer use or content.
(a) The provider shall report whatever information it obtained that
led it to conclude that a violation of federal child pornography
statutes, as defined by section 2251, 2251A, 2252, 2252A, or 2260 of
title 18, United States Code, has occurred. The report could include
information concerning: visual depictions of child pornography; the
identity of persons or screen names of persons transmitting or
receiving child pornography; or requests by persons to receive child
pornography. Although not required, the report may include additional
information or material developed by the provider. However, this does
not require a provider of electronic communication services or remote
computing services to engage in the monitoring of any user, subscriber,
or customer of that provider, or the content of any communication of
any such person.
(b) The report to the Federal Bureau of Investigation may be made
telephonically to the local number for the FBI, which can be retrieved
from the Web site ``www.FBI.gov.'' The report to the U.S. Customs
Service may be made telephonically by calling the local number for the
U.S. Customs Service or by calling ``1-800-BE ALERT.''
(c) Providers are advised to consult the requirements of the
Electronic Communications Privacy Act of 1986, Public Law 99-508, 100
Stat. 1848, which enacted sections 1367, 2521, 2701 to 2710, 3117, and
3121 to 3126 of title 18, United States Code, and amended section 2510
and sections 2232, 2511 to 2513, and 2516 to 2520 of title 18, United
States Code.
Sec. 81.15 Definitions.
The term ``child pornography'' has the meaning given the term in
section 2256 of title 18, United States Code. The term ``electronic
communication service'' has the meaning given the term in section 2510
of title 18, United States Code; and the term ``remote computing
service'' has the meaning given the term in section 2711 of title 18,
United States Code.
Dated: May 20, 1999.
Janet Reno,
Attorney General.
[FR Doc. 99-13427 Filed 5-25-99; 8:45 am]
BILLING CODE 4410-14-M
