THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SANTARSIERO, BRADFORD, BRIGGS, GALLOWAY, DAVIS, BISHOP, BOBACK, B. BOYLE, BRENNAN, CALTAGIRONE, D. COSTA, DePASQUALE, FABRIZIO, FREEMAN, GEIST, GIBBONS, GOODMAN, GROVE, HARHAI, HARHART, HESS, JOHNSON, MANN, MICOZZIE, MIRABITO, MURPHY, MURT, O'NEILL, PASHINSKI, QUINN, READSHAW, SIMMONS, K. SMITH, M. SMITH, STURLA, SWANGER AND VULAKOVICH, FEBRUARY 10, 2011

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 10, 2011  

AN ACT

Providing for registration by sex offenders and sexually violent

predators of Internet accounts and Internet identifiers;

establishing a State registry of Internet accounts and

Internet identifiers of sex offenders and sexually violent

predators; and establishing a matching system for social

networking Internet websites.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Pennsylvania

Kids Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Internet access provider."  A business, organization or

other entity engaged in the business of providing access to the

Internet in exchange for consideration or through an agreement

to view specific advertisement or content.

"Internet account."  System information provided by an

Internet access provider to allow a user to access the Internet,

including the ability to communicate through electronic messages

with other users.

"Internet identifier."  An electronic mail address or other

designation used for self-identification or routing in Internet

communication or postings on or using a social networking

website.

"PSP."  The Pennsylvania State Police.

"Registry."  The database of information established and

maintained by the Pennsylvania State Police under section 4.

"Sex offender." A sexually violent predator or any other

individual required to register under 42 Pa.C.S. Ch. 97 Subch. H

(relating to registration of sexual offenders) or under former

42 Pa.C.S. § 9793 (relating to registration of certain offenders

for ten years).

"Sexually violent predator." The term shall have the meaning

given to it in 42 Pa.C.S. § 9792 (relating to definitions).

"Social networking website."  An Internet website with all of

the following characteristics:

(1)  It allows users, through the creation of Internet

web pages or profiles or by other means, to provide

information about themselves that is available to the public

or to other users.

(2)  If offers a mechanism for communication with other

users.

(3)  Its primary purpose is to facilitate online social

interactions.

The term includes contractors or agents used by the Internet

website to act on behalf of the Internet website in carrying out

the purposes of this act.

Section 3.  Registration procedures.

(a)  Registration.--

(1)  From and after the effective date of this section,

sex offenders shall register all of their current or intended

Internet accounts and Internet identifiers with the PSP, on a

form and in a manner determined by the PSP, upon the

occurrence of any of the following:

(i)  Release from incarceration.

(ii)  Parole from a State or county correctional

institution.

(iii)  Commencement of a sentence of intermediate

punishment or probation.

(2)  An individual subject to the provisions of this

subsection shall be required to keep the information

registered under paragraph (1) current. This obligation shall

include, but not be limited to, providing the following

information to the PSP as soon as practicable but in no event

later than 48 hours following receipt by the individual of

the information:

(i)  A change of an Internet account or establishment

of an additional Internet account.

(ii)  A change of an Internet identifier or

establishment of an additional Internet identifier.

(b)  Failure to register.--An individual subject to the

provisions of subsection (a) who fails to register or fails to

keep the information registered current as required by this

section may be subject to prosecution under 18 Pa.C.S. § 4915

(relating to failure to comply with registration of sexual

offenders requirements) as if the individual failed to register

under 42 Pa.C.S. § 9795.1 (relating to registration).

Section 4.  Registry.

The PSP shall create and maintain a searchable electronic

database of the information registered under section 3.

Section 5.  Matching of Internet accounts and Internet

identifiers.

(a)  General.--

(1)  The PSP shall establish and maintain a secure system

that permits a participating social networking website to

compare information contained in the registry with the

Internet accounts and Internet identifiers of users of the

social networking website for purposes of determining whether

any users of the social networking website are sex offenders.

The following shall apply:

(i)  The system shall not require or permit a social

networking website to transmit Internet account or

Internet identifier information to the operator of the

system.

(ii)  The system shall use secure procedures that

preserve the confidentiality of the information made

available by the PSP, including measures that render the

Internet account and Internet identifier information and

other data elements indecipherable.

(b)  Requirements for use of the matching system.--A social

networking website that desires to participate in the matching

activity described in subsection (a) must obtain the approval of

the PSP for such use. To initiate the approval process, the

website manager or owner of the social networking website shall

submit an application to the PSP, on a form provided by the PSP,

which provides the following information:

(1)  The name and legal status of the social networking

website.

(2)  The contact information for the social networking

website.

(3)  A description of the nature and operations of the

social networking website.

(4)  Evidence that the social networking website has

adopted policies and procedures to ensure that:

(i)  An individual who is denied access to the social

networking website on the basis of information obtained

through the system described in subsection (a) is

promptly notified of the basis for the denial and has the

ability to challenge the denial of access.

(ii)  If the social networking website finds that

information is inaccurate, incomplete or cannot be

verified, the social networking website immediately

notifies the PSP so that the PSP may delete or correct

the information in the registry.

(5)  The identity and address of, and contact information

for, any contractor that will be engaged by the social

networking website to use the system.

(6)  Such other information as the PSP may reasonably

require.

(c)  Use of the system.--The following shall apply:

(1)  A social networking website may only use the system

described in subsection (a) for the purpose of determining

whether any of its users has registered with the PSP under

section 3.

(2)  A social networking website approved by the PSP to

use the system may conduct searches under the system as

frequently as the PSP may allow in its approval but only so

long as the PSP's approval is in place.

(3)  The PSP may deny, suspend or terminate use of the

system by a social networking website that:

(i)  Provides false information in its application

for use of the system.

(ii)  Uses or seeks to use the system for any

unlawful or improper purpose.

(iii)  Fails to comply with its own policies and

procedures required under section (b)(4).

(iv)  Uses information obtained from the system in

any way that is inconsistent with the purposes of this

act or violates the nondisclosure provisions of paragraph

(4).

(4)  Neither the PSP nor a social networking website

approved to use the system may disclose or otherwise release

to the public any Internet account or Internet identifier

information contained in the registry.

(5)  A social networking website shall minimize the

number of employees that are provided with access to the

Internet account and Internet identifier information for

which a match has been found through the system.

(6)  The PSP may charge a reasonable fee to a social

networking website for access to the system. Fees collected

under this paragraph shall be retained by the PSP to be used

to defray the cost of the PSP's obligations under this act,

including the creation and maintenance of the registry. Such

fees are appropriated to the PSP on a continuing basis for

such use.

(7)  The PSP may post on its Internet website the names

of social networking systems approved to use the system.

Section 6.  Limitation of liability.

A social networking website or Internet access provider shall

not be liable for any of the following:

(1)  Identifying, removing, disabling, blocking or

otherwise affecting an individual in accordance with this act

based on a good faith belief that the individual's Internet

account or Internet identifier information appeared in the

registry.

(2)  Failing to identify or block or otherwise preventing

an individual from registering for its services, or failing

to remove or disable or otherwise affecting an individual

whose Internet account or Internet identifier information

appears in the registry.

(3)  Not participating in the use of the system described

in section 5(a).

Section 7.  Limited Internet access.

(a)  General rule.--A judge imposing a sentence on an

individual convicted of an offense referred to in 42 Pa.C.S. §

9795.1 (relating to registration) or convicted of an attempt to

commit an offense referred to in section 9795.1 may include as

part of the sentence a limitation on the individual's Internet

access if the Internet was used by the individual in commission

of the crime or if Internet use is determined to be an activity

leading to the commission of the crime. The limitation shall be

tailored to prevent further use of the Internet by the

individual to commit a crime. The Board of Probation and Parole

shall consider a sentencing order issued under this section for

an individual with a maximum period of incarceration of more

than two years to be an advisory under 61 Pa.C.S. § 6134(b)(2)

(relating to sentencing court to transmit records to board).

(b)  Exception.--An individual subject to limited Internet

access under subsection (a) may be authorized during the period

of limitation, by a parole or probation office or by order of

the court, to access the Internet for the purpose of engaging in

or seeking employment or for other employment-related purposes.

This use may be subject to reasonable conditions prescribed by

the parole or probation officer or the judge.

(c)  Periodic inspection.--An individual subject to limited

Internet access under subsection (a) shall be required to submit

to periodic, unannounced inspection and examination of all

computers and computer-related equipment owned or possessed by

the individual during the period of limitation, as directed by a

parole or probation officer or by order of the court.

(d)  Key logging.--An individual subject to limited Internet

access under subsection (a) may be required to install, at the

individual's expense, on any computer to which the individual

may have access, one or more key logging programs or other

hardware or software designed to monitor computer usage directed

by a parole or probation officer or a judge.

Section 8.  Construction.

Nothing in this act shall be construed to require an Internet

access provider or social networking website to participate in

the matching activity described in section 5(a) or to otherwise

use the system described in that section.

Section 9.  Effective date.

This act shall take effect in 60 days.