18 U.S.C. § 2258B: Limited liability for the reporting, storage, and handling of certain visual depictions of apparent child pornography to the National Center for Missing & Exploited Children

Except as provided in subsection (b), a civil claim or criminal charge against a provider or domain name registrar, including any director, officer, employee, or agent of such provider or domain name registrar arising from the performance of the reporting or preservation responsibilities of such provider or domain name registrar under this section, section 2258A, or section 2258C may not be brought in any Federal or State court. engaged in intentional misconduct; or with actual malice; with reckless disregard to a substantial risk of causing physical injury without legal justification; or for a purpose unrelated to the performance of any responsibility or function under sections 1 2258A, 2258C, 2702, or 2703. 1 So in original. Probably should be “section”. minimize the number of employees that are provided access to any visual depiction provided under section 2258A or 2258C; and ensure that any such visual depiction is permanently destroyed, upon a request from a law enforcement agency to destroy the visual depiction. Except as provided in paragraph (2), a civil claim or criminal charge may not be brought in any Federal or State court against a vendor contractually retained and designated by NCMEC to support the duties of NCMEC under section 404(b)(1)(K) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K) ). intentional misconduct; or negligent conduct; or with actual malice; with reckless disregard to a substantial risk of causing injury without legal justification; or set forth in paragraph (1); or pursuant to sections 1 2258A, 2258C, 2702, or 2703. secure such visual depiction in a manner that is consistent with the most recent version of the Cybersecurity Framework developed by the National Institute of Standards and Technology, or any successor thereto; minimize the number of employees that may be able to obtain access to such visual depiction; employ end-to-end encryption for data storage and transfer functions, or an equivalent technological standard; undergo an independent annual cybersecurity audit to determine whether such visual depiction is secured as required under subparagraph (A); and promptly address all issues identified by an audit described in subparagraph (D). Except as provided in paragraph (2), a civil claim or criminal charge may not be brought in any Federal or State court against an individual depicted in child pornography as a minor, or a representative of such individual, arising from a report to the NCMEC CyberTipline by the individual, or the representative of such individual, of information that relates to the child pornography in which the individual is depicted as a minor, including a copy of the child pornography. intentional misconduct; negligent conduct; or any activity which constitutes a violation of section 2251; or with actual malice; or with reckless disregard to a substantial risk of causing injury without legal justification. With respect to any child pornography reported to the NCMEC CyberTipline by an individual depicted in the child pornography as a minor, or a representative of such individual, NCMEC shall minimize access to the child pornography and ensure the appropriate deletion of the child pornography, as set forth in section 2258D. the parent or legal guardian of the individual, if the individual is under 18 years of age; the legal guardian or other person appointed by a court to represent the individual; a legal representative retained by the individual; a representative of the estate of the individual; or a person who is a mandated reporter under section 226(a)(1) of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341(a)(1) ); and does not include a person who engaged in any activity which constitutes a violation of section 2251.