18 USC § 2258B - Limited liability for electronic communication service providers, remote computing service providers, or domain name registrar? | Title 18 - Crimes and Criminal Procedure | U.S. Code

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Current through Pub. L. 113-13. (See Public Laws for the current Congress.)

(a) In General.— Except as provided in subsection (b), a civil claim or criminal charge against an electronic communication service provider, a remote computing service provider, or domain ^[2] name registrar, including any director, officer, employee, or agent of such electronic communication service provider, remote computing service provider, or domain name registrar arising from the performance of the reporting or preservation responsibilities of such electronic communication service provider, remote computing service provider, or domain name registrar under this section, section 2258A, orsection 2258C may not be brought in any Federal or State court.

(b) Intentional, Reckless, or Other Misconduct.— Subsection (a) shall not apply to a claim if the electronic communication service provider, remote computing service provider, or domain name registrar, or a director, officer, employee, or agent of that electronic communication service provider, remote computing service provider, or domain name registrar—

(1) engaged in intentional misconduct; or

(2) acted, or failed to act—

(A) with actual malice;

(B) with reckless disregard to a substantial risk of causing physical injury without legal justification; or

(C) for a purpose unrelated to the performance of any responsibility or function under this section, ^[3] sections 2258A, 2258C, 2702, or 2703.

(c) Minimizing Access.— An electronic communication service provider, a remote computing service provider, and domain ^[2] name registrar shall—

(1) minimize the number of employees that are provided access to any image provided under section 2258A or 2258C; and

(2) ensure that any such image is permanently destroyed, upon a request from a law enforcement agency to destroy the image.

[1] So in original. Probably should be “registrars”.

[2] So in original. Probably should be preceded by “a”.

[3] So in original. Probably should be followed by “or”.

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(a) In General.— Except as provided in subsection (b), a civil claim or criminal charge against an electronic communication service provider, a remote computing service provider, or domain ^[2] name registrar, including any director, officer, employee, or agent of such electronic communication service provider, remote computing service provider, or domain name registrar arising from the performance of the reporting or preservation responsibilities of such electronic communication service provider, remote computing service provider, or domain name registrar under this section, section 2258A, orsection 2258C may not be brought in any Federal or State court.

(b) Intentional, Reckless, or Other Misconduct.— Subsection (a) shall not apply to a claim if the electronic communication service provider, remote computing service provider, or domain name registrar, or a director, officer, employee, or agent of that electronic communication service provider, remote computing service provider, or domain name registrar—

(1) engaged in intentional misconduct; or

(2) acted, or failed to act—

(A) with actual malice;

(B) with reckless disregard to a substantial risk of causing physical injury without legal justification; or

(C) for a purpose unrelated to the performance of any responsibility or function under this section, ^[3] sections 2258A, 2258C, 2702, or 2703.

(c) Minimizing Access.— An electronic communication service provider, a remote computing service provider, and domain ^[2] name registrar shall—

(1) minimize the number of employees that are provided access to any image provided under section 2258A or 2258C; and

(2) ensure that any such image is permanently destroyed, upon a request from a law enforcement agency to destroy the image.

[1] So in original. Probably should be “registrars”.

[2] So in original. Probably should be preceded by “a”.

[3] So in original. Probably should be followed by “or”.

Source

(Added Pub. L. 110–401, title V, § 501(a),Oct. 13, 2008, 122 Stat. 4248.)

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Monday, June 17, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

How To Use

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The Session Year indicates which session of Congress was responsible for the changes classified. The Congress number forms the first part of the Public Law number; each Congress has two sessions.

Abbreviations used in the Description of Change column:

An empty field implies a standard amendment.
"new" means a new section or new note, or all new text of an existing section or note.
"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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Refer to the Thomas site for changes that have not yet made it into the classification tables.

18 USC	Description of Change	Session Year	Public Law	Statutes at Large

18 USC § 2258B - Limited liability for electronic communication service providers, remote computing service providers, or domain name registrar?

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