PROTECT Our Children Act of 2008
Oct 13, 2008
Statute: 122 Stat. 4229
Became law: Oct 13, 2008
Oct 13, 2008
Statute: 122 Stat. 4229
Became law: Oct 13, 2008
Summary
Directs the Department of Justice to create a national plan and special police teams to find and stop people who harm children using the internet.
What problem does this solve?
More criminals were using the internet to harm children, and police forces across the country were not working together effectively to stop them. This law creates a national plan and special teams to help police share information and technology to catch these criminals.
What does this law do?
Creates a national strategy to fight child exploitation
Requires the Attorney General to create and implement a National Strategy for Child Exploitation Prevention and Interdiction, with long-range goals and annual objectives.
Establishes national Internet Crimes Against Children (ICAC) Task Force Program
Forms a national program of state and local law enforcement task forces dedicated to responding to online enticement, exploitation, and pornography cases involving children.
Requires reporting by internet service providers
Mandates that electronic communication and remote computing service providers report any apparent child pornography they become aware of to the National Center for Missing and Exploited Children's CyberTipline.
Creates a national data system for law enforcement
Directs the Attorney General to establish a National Internet Crimes Against Children Data System to help law enforcement agencies share information and resolve case conflicts.
Provides limited liability for reporting
Protects service providers and the National Center for Missing and Exploited Children from lawsuits for reporting suspected child exploitation in good faith.
Funds more computer forensic labs
Authorizes the Attorney General to establish additional computer forensic capacity to help reduce the backlog in analyzing digital evidence for child exploitation cases.
Bans broadcasting live images of child abuse
Updates federal law to make it illegal to transmit live visual depictions of child sexual abuse, closing a loophole related to new technologies like webcams.
Who does this affect?
- Children and minors
- Law enforcement agencies
- Internet and communication companies
What is the real world impact?
•
Strengthens law enforcement
Creates a coordinated national strategy and provides funding and resources for special task forces (ICAC) and computer labs, helping police better investigate and prosecute online crimes against children.
•
Increases corporate responsibility
Requires internet and communication companies to report any child pornography they find on their services to a national center, making them active partners in fighting exploitation.
•
Potential privacy concerns
Critics might worry that increased data sharing and monitoring by law enforcement and tech companies could impact the privacy of innocent users, even though the law says it shouldn't be used for other purposes.
When does this start?
This law became effective on October 13, 2008, and includes several deadlines for government reports and actions.
National strategy submission
Within one year of the law's passage, the Attorney General must create and submit the first National Strategy to Congress.
Risk factor study
Within one year, the National Institute of Justice must complete and report on a study to identify high-risk online child predators.
Reference
Text:
Section:
Header:
Attorney general report on implementation, investigative methods and information sharing
Implementation report
Within 12 months, the Attorney General must report to Congress on how the law's reporting requirements are being put into practice.
Effectiveness audit
Within two years, the Government Accountability Office (GAO) must audit and report on the effectiveness of the new programs.