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DOJ/LA RIN: 1105-AB32 Publication ID: Fall 2010 
Title: Designation of Domestic and Foreign Law Enforcement Entities To Receive Cybertipline Reports Required Under the Protect Our Children Act of 2008 
Abstract: The Protect Our Children Act of 2008 (POCA), Public Law 110-401, title V, section 501(a) requires the Attorney General to designate the Federal law enforcement agencies to which the National Center for Missing and Exploited Children (NCMEC) shall forward any cybertipline report received by NCMEC pursuant to the statute (codified at 18 U.S.C. 2258A(d)(2)); and the foreign law enforcement agencies to which NCMEC shall forward those reports (codified at 18 U.S.C. 2258A(d)(3)). The provision requiring the Attorney General to designate Federal law enforcement agencies to receive these reports originated in earlier legislation–-the October 30, 1998, Protection of Children From Sexual Predators Act of 1998 (PCSPA), and subsequently in the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003 (PROTECT Act). The cybertipline reporting requirement and the requirement for Attorney General regulations designating the Federal law enforcement agencies were codified in 42 U.S.C. 13032. On November 4, 2003, an interim final rule was published designating four Federal law enforcement agencies that will receive reports pursuant to 42 U.S.C. 13032. These include the Federal Bureau of Investigation, the Bureau of Immigration and Customs Enforcement, the U.S. Postal Inspection Service, and the U.S. Secret Service. See RIN 1105-AA65. Because POCA moves the statutory provision requiring the Attorney General designation of Federal Agencies from title 42 to title 18 of the Criminal Code, and because POCA adds a new designation requirement in addition to Federal agencies, the prior pending RINs (1105-AA65 and 1105-AB06) are superseded by this new RIN. Note that RIN 1105-AB06 contemplated rulemaking that would provide guidance to the Electronic Service Providers covered by 42 U.S.C. 13032, NCMEC, and the designated law enforcement agencies on the content of the required reports. The need for the rulemaking contemplated in RIN 1105-AB06 no longer exists, since POCA specifically provides that guidance. Thus, the rulemaking proposed herein will re-designate the Federal Agencies to whom NCMEC shall forward cybertipline reports; and shall designate, in consultation with the Secretary of State, the foreign law enforcement agencies to which a cybertipline report may be forwarded, and will further establish the conditions under which such a report may be forwarded by NCMEC to such agencies, and will set forth a process for foreign law enforcement agencies to request assistance from Federal law enforcement agencies in obtaining evidence related to a cybertipline report. 
Agency: Department of Justice(DOJ)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 28 CFR 81   
Legal Authority: 18 USC 2258A(d)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  To Be Determined    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Andrew Oosterbaan
Chief, Child Exploitation and Obscenity Section
Department of Justice
Legal Activities
Suite 600, 1400 New York Avenue NW,
Washington, DC 20530
Phone:202 514-5780
Fax:202 514-1793