34 USC 21115 - National Internet Crimes Against Children Data System

U.S Code last checked for updates: Nov 23, 2024

§ 21115.

National Internet Crimes Against Children Data System

(a)

In general

(b)

Intent of Congress

(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

(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

(2)

Rule of construction

(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 Operation Fairplay, currently hosted at the Wyoming Office of the Attorney General;

(4)

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

(5)

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

(6)

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

(7)

1 representative of the United States Postal Inspection Service; and

(8)

1 representative of the Department of Justice.

(h)

Authorization of appropriations

(Pub. L. 110–401, title I, § 105, Oct. 13, 2008, 122 Stat. 4236; Pub. L. 112–206, § 8, Dec. 7, 2012, 126 Stat. 1493.)

cite as: 34 USC 21115