34 USC 20917 - Checking system for social networking websites

U.S Code last checked for updates: Nov 22, 2024

§ 20917.

Checking system for social networking websites

(a)

In general

(1)

Secure system for comparisons

The Attorney General shall establish and maintain a secure system that permits social networking websites to compare the information contained in the National Sex Offender Registry with the Internet identifiers of users of the social networking websites, and view only those Internet identifiers that match. The system—

(A)

shall not require or permit any social networking website to transmit Internet identifiers of its users to the operator of the system, and

(B)

shall use secure procedures that preserve the secrecy of the information made available by the Attorney General, including protection measures that render the Internet identifiers and other data elements indecipherable.

(2)

Provision of information relating to identity

(b)

Qualification for use of system

A social networking website seeking to use the system shall submit an application to the Attorney General which provides—

(1)

the name and legal status of the website;

(2)

the contact information for the website;

(3)

a description of the nature and operations of the website;

(4)

a statement explaining why the website seeks to use the system;

(5)

a description of policies and procedures to ensure that—

(A)

any individual who is denied access to that website on the basis of information obtained through the system is promptly notified of the basis for the denial and has the ability to challenge the denial of access; and

(B)

if the social networking website finds that information is inaccurate, incomplete, or cannot be verified, the site immediately notifies the appropriate State registry and the Department of Justice, so that they may delete or correct that information in the respective State and national databases;

(6)

the identity and address of, and contact information for, any contractor that will be used by the social networking website to use the system; and

(7)

such other information or attestations as the Attorney General may require to ensure that the website will use the system—

(A)

to protect the safety of the users of such website; and

(B)

for the limited purpose of making the automated comparison described in subsection (a).

(c)

Searches against the system

(1)

Frequency of use of the system

(2)

Authority of Attorney General to suspend use

The Attorney General may deny, suspend, or terminate use of the system by a social networking website that—

(A)

provides false information in its application for use of the system;

(B)

may be using or seeks to use the system for any unlawful or improper purpose;

(C)

fails to comply with the procedures required under subsection (b)(5); or

(D)

uses information obtained from the system in any way that is inconsistent with the purposes of this Act.

(3)

Limitation on release of Internet identifiers

(A)

No public release

(B)

Additional limitations

(C)

Strict adherence to limitation

(D)

Rule of construction

(4)

Payment of fee

(5)

Limitation on liability

(A)

In general

(B)

Intentional, reckless, or other misconduct

Subparagraph (A) does not apply to a claim if the social networking website, or a director, officer, employee, parent, contractor, or agent of that social networking website—

(i)

engaged in intentional misconduct; or

(ii)

acted, or failed to act—

(I)

with actual malice;

(II)

with reckless disregard to a substantial risk of causing injury without legal justification; or

(III)

for a purpose unrelated to the performance of any responsibility or function described in paragraph (3).

(C)

Minimizing access

(6)

Rule of construction

(Pub. L. 110–400, § 3, Oct. 13, 2008, 122 Stat. 4225.)

cite as: 34 USC 20917