GovTrack.us provides some interesting details on H.R. 876: SAFE Act of 2007:

To modernize and expand the reporting requirements relating to child pornography, to expand cooperation in combating child pornography, and for other purposes.

Here are my thoughts, after reading the full text of the bill:

1. I have to give the usual disclaimer: I am not a lawyer and can not give legal advice so these are just my opinions.
2. This bill has only just been introduced. It has not even been to committee let alone a house vote yet, so it’s far from becoming law and subject to change.
3. The bill uses language like “as soon as reasonably possible, make a report of such facts or circumstances to the CyberTipline”. In other words, this bill affects “electronic communication service provider or a remote computing service provider” who become aware of child pornography, which seems hardly different than existing laws that already deal with aiding and abetting. Here are the two primary differences I see from current laws:

— Increased financial penalties for failure to report

— Detailed data retention language — “An electronic communication service provider or a remote computing service provider shall store any image and other information relating to the facts or circumstances of any incident reported under subsection (a)(1) for not less than 180 days after the date that the report is transmitted to the National Center for Missing and Exploited Children through the CyberTipline, or for such longer period of time as may be requested by a law enforcement agency.”

I think it would be better to set the retention requirement to “not less than 180 days after the date that the incident is discovered” rather than start after a report is transmitted.

4. The terms “electronic communication service provider or a remote computing service provider” are not defined. Would a home with free wifi count? Is a business like a hotel or hospital responsible, or would it fall on the shoulders of their upstream “provider”? What if there is a disclaimer on the wifi launch page? Not clear.