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PROTECT Our Children Act of 2008

From Wikisource
Public Law 110-401
PROTECT Our Children Act of 2008
by the 110th Congress of the United States

Note: This is the original legislation as it was initially enacted. Any subsequent amendments hosted on Wikisource may be listed using What Links Here.

409682PROTECT Our Children Act of 2008 — 2008the 110th Congress of the United States
110TH UNITED STATES CONGRESS
2ND SESSION

An Act
To require the Department of Justice to develop and implement a National Strategy Child Exploitation Prevention and Interdiction, to improve the Internet Crimes Against Children Task Force, to increase resources for regional computer forensic labs, and to make other improvements to increase the ability of law enforcement agencies to investigate and prosecute child predators.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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(a) Short Title—
This Act may be cited as the `Providing Resources, Officers, and Technology To Eradicate Cyber Threats to Our Children Act of 2008' or the `PROTECT Our Children Act of 2008'.
(b) Table of Contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.


Sec. 101. Establishment of National Strategy for Child Exploitation Prevention and Interdiction.
Sec. 102. Establishment of National ICAC Task Force Program.
Sec. 103. Purpose of ICAC task forces.
Sec. 104. Duties and functions of task forces.
Sec. 105. National Internet Crimes Against Children Data System.
Sec. 106. ICAC grant program.
Sec. 107. Authorization of appropriations.


Sec. 201. Additional regional computer forensic labs.


Sec. 301. Prohibit the broadcast of live images of child abuse.
Sec. 302. Amendment to section 2256 of title 18, United States Code.
Sec. 303. Amendment to section 2260 of title 18, United States Code.
Sec. 304. Prohibiting the adaptation or modification of an image of an identifiable minor to produce child pornography.


Sec. 401. NIJ study of risk factors for assessing dangerousness.


Sec. 501. Reporting requirements of electronic communication service providers and remote computing service providers.
Sec. 502. Reports.
Sec. 503. Severability.

SEC. 2. DEFINITIONS.

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In this Act, the following definitions shall apply:

(1) CHILD EXPLOITATION- The term `child exploitation' means any conduct, attempted conduct, or conspiracy to engage in conduct involving a minor that violates section 1591, chapter 109A, chapter 110, and chapter 117 of title 18, United States Code, or any sexual activity involving a minor for which any person can be charged with a criminal offense.
(2) CHILD OBSCENITY- The term `child obscenity' means any visual depiction proscribed by section 1466A of title 18, United States Code.
(3) MINOR- The term `minor' means any person under the age of 18 years.
(4) SEXUALLY EXPLICIT CONDUCT- The term `sexually explicit conduct' has the meaning given such term in section 2256 of title 18, United States Code.

This work is in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices. Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties."

These do not include works of the Organization of American States, United Nations, or any of the UN specialized agencies. See Compendium III § 313.6(C)(2) and 17 U.S.C. 104(b)(5).

A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{PD-in-USGov}}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations.

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