12 2 STA T .4 24 6PUBLIC LA W 11 0– 401 —O CT. 1 3, 200 8‘ ‘ (4)REPORTINGD E S IGN A TED F OREIGN AGEN C IES .—TheAt t orn e yG ener als hall m a i ntain an d ma k ea v aila b le to the D e p artment o fS tate , the N ational C enter for M issin g and Ex ploited Children, ele c tronic comm u nication service providers, remote computing service providers, the Committee on the J udiciary of the Senate, and the Committee on the Judiciary of the H ouse of Representatives a list of the foreign la w enforce - ment agencies designated under paragraph ( 3 ). ‘‘( 5 ) SENSE OF CONGRESS REGARDING DESIGNATION OF FOR- EIGN AGENCIES.— I t is the sense of Congress that— ‘‘(A) combating the international manufacturing, possession, and trade in online child pornography re q uires cooperation with competent, qualified, and appropriately trained foreign law enforcement agencies
and ‘‘( B ) the Attorney General, in cooperation with the Secretary of State, should make a substantial effort to expand the list of foreign agencies designated under para- graph (3). ‘‘( 6 ) NOTIFICATION TO PRO V IDERS.—If an electronic commu- nication service provider or remote computing service provider notifies the National Center for Missing and Exploited Children that the electronic communication service provider or remote computing service provider is making a report under this sec- tion as the result of a request by a foreign law enforcement agency, the National Center for Missing and Exploited Children shall— ‘‘(A) if the Center forwards the report to the requesting foreign law enforcement agency or another agency in the same country designated by the Attorney General under paragraph (3), notify the electronic communication service provider or remote computing service provider of— ‘‘(i) the identity of the foreign law enforcement agency to which the report was forwarded; and ‘‘(ii) the date on which the report was forwarded; or ‘‘(B) notify the electronic communication service pro- vider or remote computing service provider if the Center declines to forward the report because the Center, in con- sultation with the Attorney General, determines that no law enforcement agency in the foreign country has been designated by the Attorney General under paragraph (3). ‘‘(e) F AI LU RE TO REPORT.—An electronic communication service provider or remote computing service provider that knowingly and willfully fails to make a report required under subsection (a)( 1 ) shall be fined— ‘‘(1) in the case of an initial knowing and willful failure to make a report, not more than $ 15 0 ,000; and ‘‘( 2 ) in the case of any second or subsequent knowing and willful failure to make a report, not more than $300,000. ‘‘(f) P ROTECTION OF PRIVAC Y .—Nothing in this section shall be construed to require an electronic communication service pro- vider or a remote computing service provider to— ‘‘(1) monitor any user, subscriber, or customer of that pro- vider; ‘‘(2) monitor the content of any communication of any per- son described in paragraph (1); or List s .
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