Reporting Child Pornography

One of the most important charges of law enforcement is to protect our children from harm, to protect our youngest from those who would abuse and exploit them. Children may be only 25 percent of our population, but they are 100 percent of our future. - Attorney General John Ashcroft

One of the lessons of the 105th Congress is be careful what you ask for.  The Internet community has argued that the Federal government has no business policing the Internet.  Congress agreed - and passed a number of new laws that forces ISPs themselves to police the Internet.  The first of these laws is the Child Protection and Sexual Predator Punishment Act of 1998 (the other new law was the Digital Millennium Copyright Act). 

One of the provisions of this lengthy legislation is Sec. 113, Reporting of Child Pornography by Electronic Communication Service Providers.  This provision requires ISPs, when they become aware of potential child pornography, to report this information to the National Center for Missing and Exploited Children.  If they do not, they face $100,000 fines.  Note that this does not require ISPs to go out and affirmatively police their systems.  It only states that when knowledge is received, then action must be taken. [42 U.S.C. § 13032(e)] [See ECPA]

Reports can be made to

The Cyber Tip Line
National Center for Missing and Exploited Children
www.cybertipline.com
1-800-843-5678

The National Center for Missing and Exploited Children must then report this information to the designated local law enforcement agency with jurisdiction over the protection of children. [28 CFR § 81.1] [See also USDOJ: How to Report Child Pornography]

The Electronic Privacy and Information Center points out what a tremendous change in the law this is.  Under the Electronic Communications Privacy Act, an ISP could not turn information over to law enforcement officials without a warrant.  However, this Act requires, without a warrant, ISPs to turn over whatever information they might acquire. [See 18 U.S.C. § 2702(b)(6)(B) amending ECPA to permit disclosure].

In return for becoming cybercops, ISPs are granted immunity from prosecution for any action taken in good faith to comply with this Act.  The Electronic Privacy and Information Center point out that this gives the falsely-accused little recourse for the actions of ISPs.

See also Child Pornography Protection Act