Citation Edit

Providing Resources, Officers, and Technology To Eradicate Cyber Threats to Our Children Act of 2008 (PROTECT Our Children Act of 2008), Pub. L. No. 110-401, 122 Stat. 4229 (2008).

Overview Edit

The Act requires electronic communication service providers and remote computing service providers (collectively, "ESPs") to make reports to the CyberTipline.[1] These entities include any service that provides to users the ability to send or receive wire or electronic communications, such as e-mail and instant messaging services and gateway access to the Internet; as well as data storage services, such as those that offer subscribers the opportunity to store materials like address books, calendars, photo albums, video content, electronic files, documents, and other types of content.

The Act also requires that ESPs report to NCMEC any instances of apparent child pornography that they become aware of on their networks. In addition, the Act requires the Attorney General to establish a National Internet Crimes Against Children Data System (NIDS) to serve as, among other things, a platform to conduct undercover investigations of child exploitation crime and a centralized system for deconfliction for federal, state, and local law enforcement.

The Act also directs the Government Accountability Office to report on, among other things, the efforts of the Attorney General and NCMEC’s CyberTipline in carrying out their responsibilities under the Act. In addition, it directs us to report on actions taken to minimize duplication and enhance the expenditure of federal resources in enforcing, investigating, and prosecuting child pornography crimes.

The Act further requires, among other things, that the Attorney General create and implement a National Strategy for Child Exploitation Prevention and Interdiction.

References Edit

  1. Pub. L. No. 110-401, § 501(a) (codified at 18 U.S.C. §2258A).

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