Page:United States Statutes at Large Volume 122.djvu/4270

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12 2 STA T .4 24 7PUBLIC LA W 11 0– 401 —O CT. 1 3, 200 8‘ ‘ (3)af f irm a t i velys ee k fa c ts o r circ u msta n ces d escri b ed in sections (a) and (b) . ‘‘( g ) CONDIT ION S O FD IS CL OS UREI NFOR MA TION CONTAINED W IT H IN R E P ORT. — ‘‘( 1 )IN G ENERAL.— Ex ce p t as provided in paragrap h ( 2 ) , ala w enforcement agency that receives a report under sub - section (c) shall not disclose any information contained in that report. ‘‘(2) P ERMITTED DISCLOSURES BY LA W ENFORCEMENT.— ‘‘( A ) IN GENERAL.—A law enforcement agency may dis- close information in a report received under subsection (c)— ‘‘(i) to an attorney for the government for use in the performance of the official duties of that attorney

‘‘(ii) to such officers and employees of that law enforcement agency, as may be necessary in the performance of their investigative and recordkeeping functions; ‘‘(iii) to such other government personnel (including personnel of a S tate or subdivision of a State) as are determined to be necessary by an attorney for the government to assist the attorney in the performance of the official duties of the attorney in enforcing F ederal criminal law; ‘‘(iv) if the report discloses a violation of State criminal law, to an appropriate official of a State or subdivision of a State for the purpose of enforcing such State law; ‘‘(v) to a defendant in a criminal case or the attorney for that defendant, sub j ect to the terms and limitations under section 3 509 (m) or a similar State law, to the extent the information relates to a criminal charge pending against that defendant; ‘‘(vi) subject to subparagraph ( B ), to an electronic communication service provider or remote computing provider if necessary to facilitate response to legal process issued in connection to a criminal investigation, prosecution, or post-conviction remedy relating to that report; and ‘‘(vii) as ordered by a court upon a showing of good cause and pursuant to any protective orders or other conditions that the court may impose. ‘‘(B) L IMITATIONS.— ‘‘(i) LIMITATIONS ON FURTHER DISCLOSURE.— T he electronic communication service provider or remote computing service provider shall be prohibited from disclosing the contents of a report provided under subparagraph (A)(vi) to any person, except as necessary to respond to the legal process. ‘‘(ii) EFFECT.— N othing in subparagraph (A)(vi) authori z es a law enforcement agency to provide child pornography images to an electronic communications service provider or a remote computing service. ‘‘(3) PERMITTED DISCLOSURES BY THE NATIONAL CENTER FOR MISSING AND E X PLOITED CHILDREN.—The National Center for M issing and Exploited Children may disclose information received in a report under subsection (a) only—