PRIA, Government Policy, Made Personal

Summary

The Attorney General may set up a national data system to help law enforcement fight online child exploitation. The system must only be used for crimes that involve the Internet and must follow all federal privacy laws. Its goals are to help investigations, let agencies share information, and collect data about how big the problem is. Only credentialed law enforcement can use the system: federal agencies, the ICAC task forces, state, local, and tribal agencies, and foreign or international partners if the Attorney General approves. The system will be hosted in the Department of Justice or another approved law enforcement agency and can charge a small fee. It must let agencies add and access data to avoid case conflicts, offer a dynamic undercover online setup, build needed software and network tools, and either host investigation software or give a secure link to an approved host. The system must report detectable local child-victim cases in real time, identify and report high-priority suspects at least every 30 days, and include yearly statistics in the National Strategy per section 21111(c)(16). It must also provide secure online tools for collaboration, storage, analysis, connections to local systems, usage rules, and training. The Attorney General must create a 10-member steering committee to guide the system, including 3 ICAC regional reps, representatives from DOJ information services and hosting agencies, FBI, ICE, U.S. Postal Inspection Service, and two DOJ members. Congress authorized $2,000,000 for each fiscal year 2009 through 2016.

Title 34, §21115

Navy, Source: USLM XML via OLRC

(a)In general

The Attorney General may establish, consistent with all existing Federal laws relating to the protection of privacy, a National Internet Crimes Against Children Data System. The system shall not be used to search for or obtain any information that does not involve the use of the Internet to facilitate child exploitation.

(b)Intent of Congress

It is the purpose and intent of Congress that the National Internet Crimes Against Children Data System established in subsection (a) is intended to facilitate online law enforcement investigations of child exploitation, information sharing, and the capacity to collect and aggregate data on the extent of the problems of child exploitation.

(c)Purpose of system

The National Internet Crimes Against Children Data System established under subsection (a) shall be dedicated to assisting and supporting credentialed law enforcement agencies authorized to investigate child exploitation in accordance with Federal, State, local, and tribal laws, including by providing assistance and support to—

(1)Federal agencies investigating and prosecuting child exploitation;

(2)the ICAC Task Force Program established under section 21112 of this title;

(3)State, local, and tribal agencies investigating and prosecuting child exploitation; and

(4)foreign or international law enforcement agencies, subject to approval by the Attorney General.

(d)Cyber safe deconfliction and information sharing

The National Internet Crimes Against Children Data System established under subsection (a)—

(1)shall be housed and maintained within the Department of Justice or a credentialed law enforcement agency;

(2)shall be made available for a nominal charge to support credentialed law enforcement agencies in accordance with subsection (c); and

(3)shall—

(A)allow Federal, State, local, and tribal agencies and ICAC task forces investigating and prosecuting child exploitation to contribute and access data for use in resolving case conflicts;

(B)provide, directly or in partnership with a credentialed law enforcement agency, a dynamic undercover infrastructure to facilitate online law enforcement investigations of child exploitation;

(C)facilitate the development of essential software and network capability for law enforcement participants; and

(D)provide software or direct hosting and support for online investigations of child exploitation activities, or, in the alternative, provide users with a secure connection to an alternative system that provides such capabilities, provided that the system is hosted within a governmental agency or a credentialed law enforcement agency.

(e)Collection and reporting of data

(1)In general

The National Internet Crimes Against Children Data System established under subsection (a) shall ensure the following:

(A)Real-time reporting

All child exploitation cases involving local child victims that are reasonably detectable using available software and data are, immediately upon their detection, made available to participating law enforcement agencies.

(B)High-priority suspects

Every 30 days, at minimum, the National Internet Crimes Against Children Data System shall—

(i)identify high-priority suspects, as such suspects are determined by indicators of seriousness of offense or dangerousness to the community or a potential local victim; and

(ii)report all such identified high-priority suspects to participating law enforcement agencies.

(C)Annual reports

Any statistical data indicating the overall magnitude of child pornography trafficking and child exploitation in the United States and internationally is made available and included in the National Strategy, as is required under section 21111(c)(16) of this title.

(2)Rule of construction

Nothing in this subsection shall be construed to limit the ability of participating law enforcement agencies to disseminate investigative leads or statistical information in accordance with State and local laws.

(f)Mandatory requirements of network

The National Internet Crimes Against Children Data System established under subsection (a) shall develop, deploy, and maintain an integrated technology and training program that provides—

(1)a secure, online system for Federal law enforcement agencies, ICAC task forces, and other State, local, and tribal law enforcement agencies for use in resolving case conflicts, as provided in subsection (d);

(2)a secure system enabling online communication and collaboration by Federal law enforcement agencies, ICAC task forces, and other State, local, and tribal law enforcement agencies regarding ongoing investigations, investigatory techniques, best practices, and any other relevant news and professional information;

(3)a secure online data storage and analysis system for use by Federal law enforcement agencies, ICAC task forces, and other State, local, and tribal law enforcement agencies;

(4)secure connections or interaction with State and local law enforcement computer networks, consistent with reasonable and established security protocols and guidelines;

(5)guidelines for use of the National Internet Crimes Against Children Data System by Federal, State, local, and tribal law enforcement agencies and ICAC task forces; and

(6)training and technical assistance on the use of the National Internet Crimes Against Children Data System by Federal, State, local, and tribal law enforcement agencies and ICAC task forces.

(g)National Internet Crimes Against Children Data System Steering Committee

The Attorney General shall establish a National Internet Crimes Against Children Data System Steering Committee to provide guidance to the Network relating to the program under subsection (f), and to assist in the development of strategic plans for the System. The Steering Committee shall consist of 10 members with expertise in child exploitation prevention and interdiction prosecution, investigation, or prevention, including—

(1)3 representatives elected by the local directors of the ICAC task forces, such representatives shall represent different geographic regions of the country;

(2)1 representative of the Department of Justice Office of Information Services;

(3)1 representative from the law enforcement agency having primary responsibility for hosting and maintaining the National Internet Crimes Against Children Data System;

(4)1 representative of the Federal Bureau of Investigation’s Innocent Images National Initiative or Regional Computer Forensic Lab program;

(5)1 representative of the Immigration and Customs Enforcement’s Cyber Crimes Center;

(6)1 representative of the United States Postal Inspection Service; and

(7)2 representatives of the Department of Justice.

(h)Authorization of appropriations

There are authorized to be appropriated for each of the fiscal years 2009 through 2016, $2,000,000 to carry out the provisions of this section.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 17615 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2025—Subsec. (a). Pub. L. 119–60, § 8202(e)(1), substituted “may establish” for “shall establish”. Subsec. (b). Pub. L. 119–60, § 8202(e)(2), substituted “facilitate” for “continue and build upon Operation Fairplay developed by the Wyoming Attorney General’s office, which has established a secure, dynamic undercover infrastructure that has facilitated”. Subsec. (g)(3) to (8). Pub. L. 119–60, § 8202(e)(3), redesignated pars. (4) to (8) as (3) to (7), respectively; in par. (7), substituted “2 representatives” for “1 representative”; and struck out former par. (3) which read as follows: “1 representative from Operation Fairplay, currently hosted at the Wyoming Office of the Attorney General;”. 2012—Subsec. (e)(1)(B)(i). Pub. L. 112–206 struck out “the volume of suspected criminal activity or other” before “indicators of seriousness”.

§21115 National Internet Crimes Against Children Data System

Summary

Title 34, §21115

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata