12 2 STA T .4 2 36PUBLIC LA W 11 0– 401 —O CT. 13 , 200 8(1 1 )se e ktoc o mplywi t hna tional stan d a r ds re g arding the in v estigation and prosec u tion o fI nternet crimes against chil - dren , as set forth b y the A ttorney G eneral, to the e x tent such standards are consistent with the law of the S tate where the task force is located .SEC.105 . NATIO NA L INTE R NET CRI M ESA G AINST C H IL D REN DATA S Y STEM. (a) I N G E NE RAL . —T he Attorney General shall establish, con- sistent with all existing F ederal laws relating to the protection of privacy, a N ational Internet C rimes Against Children D ata System. The system shall not be used to search for or obtain any information that does not involve the use of the Internet to facilitate child exploitation. (b) IN T ENT OF CON G RE S S.—It is the purpose and intent of Congress that the National Internet Crimes Against Children Data System established in subsection (a) is intended to continue and build upon O peration Fairplay developed by the W yoming Attorney General ’ s office, which has established a secure, dynamic undercover infrastructure that has facilitated online law enforcement investiga- tions of child exploitation, information sharing, and the capacity to collect and aggregate data on the extent of the problems of child exploitation. (c) PU R P OSEOFS Y STE M .—The National Internet Crimes Against Children Data System established under subsection (a) shall be dedicated to assisting and supporting credentialed law enforcement agencies authori z ed 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 1 0 2; ( 3 ) State, local, and tribal agencies investigating and pros- ecuting child exploitation; and ( 4 ) foreign or international law enforcement agencies, sub- j ect to approval by the Attorney General. (d) CY B ER SAFE DE C ONFL I CTION AN D INFORMATION S H ARING.— The National Internet Crimes Against Children Data System estab- lished under subsection (a)— (1) shall be housed and maintained within the Department of J ustice or a credentialed law enforcement agency; (2) shall be made available for a nominal charge to support credentialed law enforcement agencies in accordance with sub- section (c); and (3) shall— (A) allow Federal, State, local, and tribal agencies and ICAC task forces investigating and prosecuting child exploi- tation 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 under- cover 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 42USC176 1 5.
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