Bill Text: PA HB605 | 2011-2012 | Regular Session | Introduced

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 25-12)

Status: (Introduced - Dead) 2011-02-10 - Referred to JUDICIARY [HB605 Detail]

Download: Pennsylvania-2011-HB605-Introduced.html

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PRINTER'S NO. 589
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 605 Session of2011
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.
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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
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(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
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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.
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(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
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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
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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.
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