Protecting Children Over Profits Act
Protecting Children Over Profits Act would amend title 18 of the U.S. Code to change how providers of electronic communications services (ECS) and remote computing services (RCS) are treated in investigations involving child exploitation. The bill creates a carve-out that excludes child-exploitation records from certain compelled-disclosure requirements, and it bars compensation or reimbursement to ECS/RCS providers for expenses or assistance related to child exploitation investigations. In short, it intends to remove any financial incentive for providers to support such investigations and to limit certain requirements for producing records related to child exploitation. The sponsors are Senators James Lankford and Amy Klobuchar, and the bill was introduced in the 119th Congress and referred to the Senate Judiciary Committee. The changes reference the PROTECT Our Children Act of 2008 for the definition of “child exploitation.”
Key Points
- 1Prohibits compensation or reimbursement to ECS or RCS providers for expenses related to information, facilities, or technical assistance connected to child exploitation investigations.
- 2Adds a carve-out to 18 U.S.C. 2706(c) so that, for records or information related to child exploitation, certain requirements do not apply to ECS/RCS providers.
- 3Amendments to section 2518: providers shall not be compensated by applicants for expenses tied to information, facilities, or technical assistance related to child exploitation.
- 4Amendments to section 3124(c): further codifies that ECS/RCS providers shall not be compensated for expenses in relation to facilities or technical assistance connected to child exploitation.
- 5Defines child exploitation consistent with the PROTECT Our Children Act of 2008 (34 U.S.C. 21101) to ensure a shared understanding of what activities qualify.