12 2 STA T .4 22 7PUBLIC LA W 11 0– 400 —O CT. 1 3, 200 8(B)INTE NT IO N AL,R E CK LE S S,OROT H ER M ISCON DU CT .—Subpar a g rap h ( A ) doesn o t app ly toa c la im i f the social net w or k ing website, or a director, officer, employee, parent, contractor, or agent of that social networking website— (i) engaged in intentional misconduct
or (ii) acted, or failed to act— (I) with actual malice; (II) with reckless disregard to a substantial risk of causing in j ury without legal justification; or (III) for a purpose unrelated to the perform - ance of any responsibility or function described in paragraph ( 3 ). ( C ) M INIMI Z IN G ACCESS.—A social networking website shall minimi z e the number of employees that are pro v ided access to the Internet identifiers for which a match has been found through the system. ( 6 ) R ULE O F CONSTRUCTION.— N othing in this section shall be construed to re q uire any Internet website, including a social networking website, to use the system, and no F ederal or State liability, or any other actionable adverse consequence, shall be imposed on such website based on its decision not to do so. SEC.4 . MODIF IC AT IO N OF MINIM U M STANDA R DS RE Q UIRED FOR E L ECTRONIC MONITORIN G UNITS USED IN SE X UAL OFFENDER MONITORING P ILOT PROGRAM. (a) IN G ENERAL.—Subparagraph (C) of section 6 21 (a)(1) of the Adam W alsh Child P rotection and Safety Act of 2 0 06( 4 2 U .S.C. 16 98 1(a)(1)) is amended to read as follows
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‘(C) MINIMUM STANDARDS.— T he electronic monitoring units used in the pilot program shall at a minimum— ‘‘(i) provide a tracking device for each offender that contains a central processing unit with global positioning system; and ‘‘(ii) permit continuous monitoring of offenders 24 hours a day. ’ ’.
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