1Providing for registration by sex offenders and sexually violent
2predators of Internet accounts and Internet identifiers;
3establishing a State registry of Internet accounts and
4Internet identifiers of sex offenders and sexually violent
5predators; and establishing a matching system for social
6networking Internet websites.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Short title.

10This act shall be known and may be cited as the Pennsylvania
11Kids Act.

12Section 2. Definitions.

13The following words and phrases when used in this act shall
14have the meanings given to them in this section unless the
15context clearly indicates otherwise:

16"Internet access provider." A business, organization or
17other entity engaged in the business of providing access to the
18Internet in exchange for consideration or through an agreement

1to view specific advertisement or content.

2"Internet account." System information provided by an
3Internet access provider to allow a user to access the Internet,
4including the ability to communicate through electronic messages
5with other users.

6"Internet identifier." An electronic mail address or other
7designation used for self-identification or routing in Internet
8communication or postings on or using a social networking
9website.

10"PSP." The Pennsylvania State Police.

11"Registry." The database of information established and
12maintained by the Pennsylvania State Police under section 4.

13"Sex offender." A sexually violent predator or any other
14individual required to register under 42 Pa.C.S. Ch. 97 Subch. H
15(relating to registration of sexual offenders).

16"Sexually violent predator." The term shall have the meaning
17given to it in 42 Pa.C.S. § 9799.12 (relating to definitions).

18"Social networking website." An Internet website with all of
19the following characteristics:

20(1) It allows users, through the creation of Internet
21web pages or profiles or by other means, to provide
22information about themselves that is available to the public
23or to other users.

24(2) It offers a mechanism for communication with other
25users.

26(3) Its primary purpose is to facilitate online social
27interactions.

28The term includes contractors or agents used by the Internet
29website to act on behalf of the Internet website in carrying out
30the purposes of this act.

1Section 3. Registration procedures.

2(a) Registration.--

3(1) From and after the effective date of this section,
4sex offenders shall register all of their current or intended
5Internet accounts and Internet identifiers with the PSP, on a
6form and in a manner determined by the PSP, upon the
7occurrence of any of the following:

8(i) Release from incarceration.

9(ii) Parole from a State or county correctional
10institution.

11(iii) Commencement of a sentence of intermediate
12punishment or probation.

13(2) An individual subject to the provisions of this
14subsection shall be required to keep the information
15registered under paragraph (1) current. This obligation shall
16include, but not be limited to, providing the following
17information to the PSP as soon as practicable but in no event
18later than 48 hours following receipt by the individual of
19the information:

20(i) A change of an Internet account or establishment
21of an additional Internet account.

22(ii) A change of an Internet identifier or
23establishment of an additional Internet identifier.

24(b) Failure to register.--An individual subject to the
25provisions of subsection (a) who fails to register or fails to
26keep the information registered current as required by this
27section may be subject to prosecution under 18 Pa.C.S. § 4915
28(relating to failure to comply with registration of sexual
29offenders requirements) as if the individual failed to register
30under 42 Pa.C.S. § 9799.16 (relating to registry).

1Section 4. Registry.

2The PSP shall create and maintain a searchable electronic
3database of the information registered under section 3.

4Section 5. Matching of Internet accounts and Internet
5identifiers.

6(a) General rule.--

7(1) The PSP shall establish and maintain a secure system
8that permits a participating social networking website to
9compare information contained in the registry with the
10Internet accounts and Internet identifiers of users of the
11social networking website for purposes of determining whether
12any users of the social networking website are sex offenders.
13The following shall apply:

14(i) The system shall not require or permit a social
15networking website to transmit Internet account or
16Internet identifier information to the operator of the
17system.

18(ii) The system shall use secure procedures that
19preserve the confidentiality of the information made
20available by the PSP, including measures that render the
21Internet account and Internet identifier information and
22other data elements indecipherable.

23(b) Requirements for use of the matching system.--A social
24networking website that desires to participate in the matching
25activity described in subsection (a) must obtain the approval of
26the PSP for such use. To initiate the approval process, the
27website manager or owner of the social networking website shall
28submit an application to the PSP, on a form provided by the PSP,
29which provides the following information:

30(1) The name and legal status of the social networking

1website.

2(2) The contact information for the social networking
3website.

4(3) A description of the nature and operations of the
5social networking website.

6(4) Evidence that the social networking website has
7adopted policies and procedures to ensure that:

8(i) An individual who is denied access to the social
9networking website on the basis of information obtained
10through the system described in subsection (a) is
11promptly notified of the basis for the denial and has the
12ability to challenge the denial of access.

13(ii) If the social networking website finds that
14information is inaccurate, incomplete or cannot be
15verified, the social networking website immediately
16notifies the PSP so that the PSP may delete or correct
17the information in the registry.

18(5) The identity and address of, and contact information
19for, any contractor that will be engaged by the social
20networking website to use the system.

21(6) Such other information as the PSP may reasonably
22require.

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

24(1) A social networking website may only use the system
25described in subsection (a) for the purpose of determining
26whether any of its users has registered with the PSP under
27section 3.

28(2) A social networking website approved by the PSP to
29use the system may conduct searches under the system as
30frequently as the PSP may allow in its approval but only so

1long as the PSP's approval is in place.

2(3) The PSP may deny, suspend or terminate use of the
3system by a social networking website that:

4(i) Provides false information in its application
5for use of the system.

6(ii) Uses or seeks to use the system for any
7unlawful or improper purpose.

8(iii) Fails to comply with its own policies and
9procedures required under section (b)(4).

10(iv) Uses information obtained from the system in
11any way that is inconsistent with the purposes of this
12act or violates the nondisclosure provisions of paragraph
13(4).

14(4) Neither the PSP nor a social networking website
15approved to use the system may disclose or otherwise release
16to the public any Internet account or Internet identifier
17information contained in the registry.

18(5) A social networking website shall minimize the
19number of employees that are provided with access to the
20Internet account and Internet identifier information for
21which a match has been found through the system.

22(6) The PSP may charge a reasonable fee to a social
23networking website for access to the system. Fees collected
24under this paragraph shall be retained by the PSP to be used
25to defray the cost of the PSP's obligations under this act,
26including the creation and maintenance of the registry. Such
27fees are appropriated to the PSP on a continuing basis for
28such use.

29(7) The PSP may post on its Internet website the names
30of social networking systems approved to use the system.

1Section 6. Limitation of liability.

2A social networking website or Internet access provider shall
3not be liable for any of the following:

4(1) Identifying, removing, disabling, blocking or
5otherwise affecting an individual in accordance with this act
6based on a good faith belief that the individual's Internet
7account or Internet identifier information appeared in the
8registry.

9(2) Failing to identify or block or otherwise preventing
10an individual from registering for its services, or failing
11to remove or disable or otherwise affecting an individual
12whose Internet account or Internet identifier information
13appears in the registry.

14(3) Not participating in the use of the system described
15in section 5(a).

16Section 7. Limited Internet access.

17(a) General rule.--A judge imposing a sentence on an
18individual convicted of an offense referred to in 42 Pa.C.S. §
199799.15 (relating to period of registration) or convicted of an
20attempt to commit an offense referred to in section 9799.15 may
21include as part of the sentence a limitation on the individual's
22Internet access if the Internet was used by the individual in
23commission of the crime or if Internet use is determined to be
24an activity leading to the commission of the crime. The
25limitation shall be tailored to prevent further use of the
26Internet by the individual to commit a crime. The Board of
27Probation and Parole shall consider a sentencing order issued
28under this section for an individual with a maximum period of
29incarceration of more than two years to be an advisory under 61
30Pa.C.S. § 6134(b)(2) (relating to sentencing court to transmit

1records to board).

2(b) Exception.--An individual subject to limited Internet
3access under subsection (a) may be authorized during the period
4of limitation, by a parole or probation officer or by order of
5the court, to access the Internet for the purpose of engaging in
6or seeking employment or for other employment-related purposes.
7This use may be subject to reasonable conditions prescribed by
8the parole or probation officer or the judge.

9(c) Periodic inspection.--An individual subject to limited
10Internet access under subsection (a) shall be required to submit
11to periodic, unannounced inspection and examination of all
12computers and computer-related equipment owned or possessed by
13the individual during the period of limitation, as directed by a
14parole or probation officer or by order of the court.

15(d) Key logging.--An individual subject to limited Internet
16access under subsection (a) may be required to install, at the
17individual's expense, on any computer to which the individual
18may have access, one or more key logging programs or other
19hardware or software designed to monitor computer usage directed
20by a parole or probation officer or a judge.

21Section 8. Construction.

22Nothing in this act shall be construed to require an Internet
23access provider or social networking website to participate in
24the matching activity described in section 5(a) or to otherwise
25use the system described in that section.

26Section 9. Effective date.

27This act shall take effect in 60 days.