[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1199 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1199
To combat the sexual exploitation of children by supporting victims and
promoting accountability and transparency by the tech industry.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Durbin introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To combat the sexual exploitation of children by supporting victims and
promoting accountability and transparency by the tech industry.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Transparency and
Obligations to Protect Children Suffering from Abuse and Mistreatment
Act of 2023'' or the ``STOP CSAM Act of 2023''.
SEC. 2. MANDATORY REPORTING OF CHILD ABUSE.
(a) In General.--Section 226 of the Victims of Child Abuse Act of
1990 (34 U.S.C. 20341) is amended--
(1) in subsection (a)(2)--
(A) by striking ``A covered individual'' and
inserting the following:
``(A) In general.--A covered individual''; and
(B) by adding at the end the following:
``(B) Geographic applicability.--Subparagraph (A)
shall apply with respect to an incident of child abuse
that--
``(i) occurred within the United States; or
``(ii)(I) occurred outside the United
States; and
``(II) was committed by a United States
citizen or an alien lawfully admitted for
permanent residence.'';
(2) in subsection (b)(8), by inserting ``and computer
repair technicians'' after ``photo processors'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``physical or
mental injury'' and inserting ``physical injury,
psychological abuse'';
(B) by striking paragraph (3) and inserting the
following:
``(3) the term `psychological abuse' includes--
``(A) a pattern of acts, threats of acts, or
coercive tactics intended to degrade, humiliate,
intimidate, or terrorize, a child; and
``(B) the infliction of trauma on a child through--
``(i) isolation;
``(ii) the withholding of food or other
necessities in order to control behavior;
``(iii) physical restraint; or
``(iv) confinement of the child without the
child's consent and in degrading conditions;'';
(C) in paragraph (5)(D)--
(i) by striking ``genitals'' and inserting
``anus, genitals,''; and
(ii) by striking ``or animal'';
(D) in paragraph (6), by striking ``child
prostitution'' and inserting ``child sex trafficking'';
(E) in paragraph (8), by striking ``the term `child
abuse''' and inserting ``the terms `physical injury'
and `psychological abuse''';
(F) in paragraph (9)--
(i) in subparagraph (A)--
(I) by striking ``minor'' and
inserting ``child''; and
(II) by striking ``or'' at the end;
(ii) in subparagraph (B), by adding ``or''
at the end; and
(iii) by adding at the end the following:
``(C) is authorized to interact with a child by a
covered program that is providing any care, treatment,
education, training, instruction, religious guidance,
supervision, or recreational opportunities to that
child;'';
(G) in paragraph (11), by striking ``and'' at the
end;
(H) in paragraph (12), by striking the period and
inserting a semicolon; and
(I) by adding at the end the following:
``(13) the term `child' means a person who is under the age
of 18;
``(14) the term `computer' has the meaning given the term
in section 1030 of title 18, United States Code;
``(15) the term `covered program' means any program that
receives, in any 1-year period, benefits in excess of $10,000
under a Federal program involving a grant (not including a
formula grant to a State, territory, or Tribe), contract,
subsidy, loan, guarantee, insurance, or other form of Federal
assistance to provide any care, treatment, education, training,
instruction, religious guidance, supervision, or recreational
opportunities to a child; and
``(16) the term `privileged communication' means any
communication between 2 parties that, under any applicable law
where the communication takes place--
``(A) is recognized as privileged;
``(B) is not subject to any exception; and
``(C) is not subject to a reporting requirement
regardless of any applicable privilege.'';
(4) in subsection (d)--
(A) in the first sentence, by striking ``an
agency'' and inserting ``one or more agencies''; and
(B) by striking ``and law enforcement personnel''
and inserting ``, law enforcement personnel, and
children's advocacy center personnel in a
multidisciplinary team setting'';
(5) in subsection (i)--
(A) in the heading, by striking ``Rule'' and
inserting ``Rules'';
(B) by striking ``Nothing'' and inserting the
following:
``(1) Applicability to victims.--Nothing''; and
(C) by adding at the end the following:
``(2) Applicability to attorneys.--Nothing in this section
shall be construed to require a licensed attorney to take any
action that would violate any applicable rule of professional
conduct.
``(3) Privileged communications.--Nothing in this section
shall be construed to require a covered individual described in
subsection (c)(9)(C) who engages in privileged communication
through the covered individual's work for the covered program,
whether or not for compensation, to report any information
exclusively received in the context of a privileged
communication.''; and
(6) by adding at the end the following:
``(j) Outreach to Covered Programs.--
``(1) In general.--Each Federal agency that has provided
Federal assistance to a program that may cause the program to
qualify as a covered program shall make reasonable efforts to
promote awareness of the reporting requirements under
subsection (a) among such programs.
``(2) Rule of construction.--Paragraph (1) shall not be
construed to require individual notice to each program to which
a Federal agency has provided Federal assistance as described
in that paragraph.''.
(b) Conforming Amendment to Title 18, United States Code.--Section
2258 of title 18, United States Code, is amended to read as follows:
``Sec. 2258. Failure to report child abuse
``(a) Definitions.--In this section, the terms `child abuse' and
`covered individual' have the meanings given those terms in section 226
of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341).
``(b) Offenses.--
``(1) Covered professionals.--It shall be unlawful for a
person who, while engaged in a professional capacity or
activity described in subsection (b) of section 226 of the
Victims of Child Abuse Act of 1990 (34 U.S.C. 20341) on Federal
land or in a federally operated (or contracted) facility,
learns of facts that give reason to suspect that a child has
suffered an incident of child abuse, to knowingly fail to make
a timely report as required by subsection (a)(1) of that
section.
``(2) Covered individuals.--It shall be unlawful for a
covered individual who learns of facts that give reason to
suspect that a child has suffered an incident of child abuse
described in subsection (c) to knowingly fail to make a timely
report as required by subsection (a)(2) of section 226 of the
Victims of Child Abuse Act of 1990 (34 U.S.C. 20341).
``(c) Incidents of Child Abuse That Covered Individuals Must
Report.--An incident of child abuse referred to in subsection (b)(2) is
an incident of child abuse that--
``(1) occurred within the United States; or
``(2)(A) occurred outside the United States; and
``(B) was committed by a United States citizen or an alien
lawfully admitted for permanent residence.
``(d) Penalty.--A person or individual who violates subsection (b)
shall be fined under this title or imprisoned not more than 1 year or
both.''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsections (a) and (b) shall take effect on
the date that is 120 days after the date of enactment of this
Act.
(2) Outreach.--The amendment made by subsection (a)(5)
shall take effect on the date of enactment of this Act.
(d) ICAC Task Force Supplemental Grant Program.--
(1) Definitions.--In this subsection:
(A) Child.--The term ``child'' means an individual
who has not attained 18 years of age.
(B) Child abuse.--The term ``child abuse''--
(i) has the meaning given the term under
any applicable State law requiring reporting of
child abuse or neglect by individuals; or
(ii) in the case of a State in which a law
described in clause (i) that defines ``child
abuse'' is not in effect, has the meaning given
the term in section 226(c) of the Victims of
Child Abuse Act of 1990 (34 U.S.C. 20341(c)).
(C) Covered entity.--The term ``covered entity''
means any institution, program, or organization that
provides any care, treatment, education, training,
instruction, religious guidance, supervision, or
recreational opportunities to a child.
(D) ICAC grant program.--The term ``ICAC Grant
Program'' means the grant program under section 106 of
the PROTECT Our Children Act of 2008 (34 U.S.C. 21116).
(E) ICAC task force.--The term ``ICAC Task Force''
means a task force that is part of the National
Internet Crimes Against Children Task Force Program
established under section 102 of the PROTECT Our
Children Act of 2008 (34 U.S.C. 21112).
(F) Eligible icac task force.--The term ``Eligible
ICAC Task Force'' means an ICAC Task Force that--
(i) was established on or before the date
of enactment of this Act; and
(ii) is located in a State that, as of the
last day of the preceding fiscal year, had in
effect a law that, at a minimum--
(I) with respect to a mandatory
reporter who learns of facts that give
reason to suspect that a child has
suffered an incident of child abuse,
requires the mandatory reporter to
report the suspected child abuse to a
law enforcement agency, a child
protective services agency, or both;
(II) requires the report described
in subclause (I) to be made as soon as
possible, and in any event not later
than 48 hours after the mandatory
reporter learns of the facts that give
reason to suspect that a child has
suffered an incident of child abuse;
(III) prohibits a covered entity
from--
(aa) taking any action to
prevent or discourage reporting
of child abuse; or
(bb) retaliating against a
mandatory reporter for making a
report described in subclause
(I); and
(IV) provides a criminal, civil, or
administrative penalty for the knowing
failure by a mandatory reporter to
submit a report in accordance with the
requirement described in subclause (I).
(G) Mandatory reporter.--The term ``mandatory
reporter'' means an individual who--
(i) has attained the age of 18 years; and
(ii) is authorized to interact with a child
by a covered entity that is providing any care,
treatment, education, training, instruction,
religious guidance, supervision, or
recreational opportunities to that child.
(H) Privileged communication.--The term
``privileged communication'' means any communication
between 2 parties that, under any applicable law where
the communication takes place--
(i) is recognized as privileged;
(ii) is not subject to any exception; and
(iii) is not subject to a reporting
requirement regardless of any applicable
privilege.
(2) Waiver of match for eligible icac task forces.--The
Attorney General shall waive the matching requirement for an
Eligible ICAC Task Force under section 106(a)(3)(B) of the
PROTECT Our Children Act of 2008 (34 U.S.C. 21116(a)(3)(B)) for
not more than 4 fiscal years in accordance with this
subsection.
(3) Establishment of icac task force supplemental grant
program.--
(A) Supplemental grant program established.--There
is established an ICAC Task Force Supplemental Grant
Program within the Department of Justice, under which
the Attorney General shall award grants (referred to in
this subsection as ``supplemental grants'') to an
Eligible ICAC Task Force in addition to any grants
distributed to the Eligible ICAC Task Force under the
ICAC Grant Program.
(B) Grant amount.--The amount of a supplemental
grant awarded to an Eligible ICAC Task Force shall be
not less than 10 percent of the average amount of the 3
most recent awards to the Eligible ICAC Task Force
under the ICAC Grant Program.
(C) Remaining funds.--Any amounts appropriated to
carry out this subsection that are not used for
supplemental grants shall be distributed to any
Eligible ICAC Task Force in accordance with section
106(a)(3)(A) of the PROTECT Our Children Act of 2008
(34 U.S.C. 21116(a)(3)(A)).
(D) Number of supplemental grants.--The Attorney
General may provide a supplemental grant to an Eligible
ICAC Task Force for not more than 4 fiscal years.
(4) Application.--An Eligible ICAC Task Force seeking the
waiver described in paragraph (2) or a supplemental grant shall
submit an application to the Attorney General at such time, in
such manner, and containing such information as the Attorney
General may reasonably require, including information about the
law described in paragraph (1)(F)(ii).
(5) Rule of construction.--Nothing in paragraph (1)(F)(ii)
shall be construed to require a State to have in effect a law
that requires an individual who engages in privileged
communication through the individual's work for a covered
entity, whether or not for compensation, to report any
information exclusively received in the context of a privileged
communication.
(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000 for
each of fiscal years 2024 through 2029.
SEC. 3. PROTECTING CHILD VICTIMS AND WITNESSES IN FEDERAL COURT.
(a) In General.--Section 3509 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (2)(A), by striking ``or
exploitation'' and inserting ``exploitation, or
kidnapping, including international parental
kidnapping'';
(B) in paragraph (3), by striking ``physical or
mental injury'' and inserting ``physical injury,
psychological abuse'';
(C) by striking paragraph (5) and inserting the
following:
``(5) the term `psychological abuse' includes--
``(A) a pattern of acts, threats of acts, or
coercive tactics intended to degrade, humiliate,
intimidate, or terrorize a child; and
``(B) the infliction of trauma on a child through--
``(i) isolation;
``(ii) the withholding of food or other
necessities in order to control behavior;
``(iii) physical restraint; or
``(iv) the confinement of the child without
the child's consent and in degrading
conditions;'';
(D) in paragraph (6), by striking ``child
prostitution'' and inserting ``child sex trafficking'';
(E) by striking paragraph (7) and inserting the
following:
``(7) the term `multidisciplinary child abuse team' means a
professional unit of individuals working together to
investigate child abuse and provide assistance and support to a
victim of child abuse, composed of representatives from--
``(A) health, social service, and legal service
agencies that represent the child;
``(B) law enforcement agencies and prosecutorial
offices; and
``(C) children's advocacy centers;'';
(F) in paragraph (9)(D)--
(i) by striking ``genitals'' and inserting
``anus, genitals,''; and
(ii) by striking ``or animal'';
(G) in paragraph (11), by striking ``and'' at the
end;
(H) in paragraph (12)--
(i) by striking ``the term `child abuse'
does not'' and inserting ``the terms `physical
injury' and `psychological abuse' do not''; and
(ii) by striking the period and inserting a
semicolon; and
(I) by adding at the end the following:
``(13) the term `covered person' means a person of any age
who--
``(A) is or is alleged to be--
``(i) a victim of a crime of physical
abuse, sexual abuse, exploitation, or
kidnapping, including international parental
kidnapping; or
``(ii) a witness to a crime committed
against another person; and
``(B) was under the age of 18 when the crime
described in subparagraph (A) was committed; and
``(14) the term `protected information', with respect to a
covered person, includes--
``(A) personally identifiable information of the
covered person, including--
``(i) the name of the covered person;
``(ii) an address;
``(iii) a phone number;
``(iv) a user name or identifying
information for an online, social media, or
email account; and
``(v) any information that can be used to
distinguish or trace the identity of the
covered person, either alone or when combined
with other information that is linked or
linkable to the covered person;
``(B) medical, dental, behavioral, psychiatric, or
psychological information of the covered person;
``(C) educational or juvenile justice records of
the covered person; and
``(D) any other information concerning the covered
person that is deemed `protected information' by order
of the court under subsection (d)(5).'';
(2) in subsection (b)--
(A) in paragraph (1)(C), by striking ``minor'' and
inserting ``child''; and
(B) in paragraph (2)--
(i) in the heading, by striking
``Videotaped'' and inserting ``Recorded'';
(ii) in subparagraph (A), by striking
``that the deposition be recorded and preserved
on videotape'' and inserting ``that a video
recording of the deposition be made and
preserved'';
(iii) in subparagraph (B)--
(I) in clause (ii), by striking
``that the child's deposition be taken
and preserved by videotape'' and
inserting ``that a video recording of
the child's deposition be made and
preserved'';
(II) in clause (iii)--
(aa) in the matter
preceding subclause (I), by
striking ``videotape'' and
inserting ``recorded''; and
(bb) in subclause (IV), by
striking ``videotape'' and
inserting ``recording''; and
(III) in clause (v)--
(aa) in the heading, by
striking ``videotape'' and
inserting ``video recording'';
(bb) in the first sentence,
by striking ``made and
preserved on video tape'' and
inserting ``recorded and
preserved''; and
(cc) in the second
sentence, by striking
``videotape'' and inserting
``video recording'';
(iv) in subparagraph (C), by striking
``child's videotaped'' and inserting ``video
recording of the child's'';
(v) in subparagraph (D)--
(I) by striking ``videotaping'' and
inserting ``deposition''; and
(II) by striking ``videotaped'' and
inserting ``recorded'';
(vi) in subparagraph (E), by striking
``videotaped'' and inserting ``recorded''; and
(vii) in subparagraph (F), by striking
``videotape'' each place the term appears and
inserting ``video recording'';
(3) in subsection (d)--
(A) in paragraph (1)(A)--
(i) in clause (i), by striking ``the name
of or any other information concerning a
child'' and inserting ``a covered person's
protected information''; and
(ii) in clause (ii)--
(I) by striking ``documents
described in clause (i) or the
information in them that concerns a
child'' and inserting ``a covered
person's protected information''; and
(II) by striking ``, have reason to
know such information'' and inserting
``(including witnesses or potential
witnesses), have reason to know each
item of protected information to be
disclosed'';
(B) in paragraph (2)--
(i) by striking ``the name of or any other
information concerning a child'' each place the
term appears and inserting ``a covered person's
protected information'';
(ii) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively, and
adjusting the margins accordingly;
(iii) by striking ``All papers'' and
inserting the following:
``(A) In general.--All papers''; and
(iv) by adding at the end the following:
``(B) Enforcement of violations.--The court may
address a violation of subparagraph (A) in the same
manner as disobedience or resistance to a lawful court
order under section 401(3).'';
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``a child from
public disclosure of the name of or any
other information concerning the
child'' and inserting ``a covered
person's protected information from
public disclosure''; and
(II) by striking ``, if the court
determines that there is a significant
possibility that such disclosure would
be detrimental to the child'';
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking ``a child
witness, and the testimony of
any other witness'' and
inserting ``any witness''; and
(bb) by striking ``the name
of or any other information
concerning a child'' and
inserting ``the covered
person's protected
information''; and
(II) in clause (ii), by striking
``child'' and inserting ``covered
person''; and
(iii) by adding at the end the following:
``(C)(i) For purposes of this paragraph, there shall be a
presumption that public disclosure of a covered person's
protected information would be detrimental to the covered
person.
``(ii) The court shall deny a motion for a protective order
under subparagraph (A) only if the court finds that the party
opposing the motion has rebutted the presumption under clause
(i) of this subparagraph.'';
(D) in paragraph (4)--
(i) by striking ``This subsection'' and
inserting the following:
``(A) Disclosure to certain parties.--This
subsection'';
(ii) in subparagraph (A), as so
designated--
(I) by striking ``the name of or
other information concerning a child''
and inserting ``a covered person's
protected information''; and
(II) by striking ``or an adult
attendant, or to'' and inserting ``an
adult attendant, a law enforcement
agency for any intelligence or
investigative purpose, or''; and
(iii) by adding at the end the following:
``(B) Request for public disclosure.--If any party
requests public disclosure of a covered person's
protected information to further a public interest, the
court shall deny the request unless the court finds
that--
``(i) the party seeking disclosure has
established that there is a compelling public
interest in publicly disclosing the covered
person's protected information;
``(ii) there is a substantial probability
that the public interest would be harmed if the
covered person's protected information is not
disclosed;
``(iii) the substantial probability of harm
to the public interest outweighs the harm to
the covered person from public disclosure of
the covered person's protected information; and
``(iv) there is no alternative to public
disclosure of the covered person's protected
information that would adequately protect the
public interest.''; and
(E) by adding at the end the following:
``(5) Other protected information.--The court may order
that information shall be considered to be `protected
information' for purposes of this subsection if the court finds
that the information is sufficiently personal, sensitive, or
identifying that it should be subject to the protections and
presumptions under this subsection.'';
(4) by striking subsection (f) and inserting the following:
``(f) Victim Impact Statement.--
``(1) Probation officer.--In preparing the presentence
report pursuant to rule 32(c) of the Federal Rules of Criminal
Procedure, the probation officer shall request information from
the multidisciplinary child abuse team, if applicable, or other
appropriate sources to determine the impact of the offense on a
child victim and any other children who may have been affected
by the offense.
``(2) Guardian ad litem.--A guardian ad litem appointed
under subsection (h) shall--
``(A) make every effort to obtain and report
information that accurately expresses the views of a
child victim, and the views of family members as
appropriate, concerning the impact of the offense; and
``(B) use forms that permit a child victim to
express the child's views concerning the personal
consequences of the offense, at a level and in a form
of communication commensurate with the child's age and
ability.'';
(5) in subsection (h), by adding at the end the following:
``(4) Authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated to the United States courts to carry out
this subsection $25,000,000 for each fiscal year.
``(B) Supervision of payments.--Payments from
appropriations authorized under subparagraph (A) shall
be made under the supervision of the Director of the
Administrative Office of the United States Courts.'';
(6) in subsection (i)--
(A) by striking ``A child testifying at or
attending a judicial proceeding'' and inserting the
following:
``(1) In general.--A child testifying at a judicial
proceeding, including in a manner described in subsection
(b),'';
(B) in paragraph (1), as so designated--
(i) in the third sentence, by striking
``proceeding'' and inserting ``testimony''; and
(ii) by striking the fifth sentence; and
(C) by adding at the end the following:
``(2) Recording.--If the adult attendant is in close
physical proximity to or in contact with the child while the
child testifies--
``(A) at a judicial proceeding, a video recording
of the adult attendant shall be made and shall become
part of the court record; or
``(B) in a manner described in subsection (b), the
adult attendant shall be visible on the closed-circuit
television or in the recorded deposition.
``(3) Covered persons attending proceeding.--A covered
person shall have the right to be accompanied by an adult
attendant when attending any judicial proceeding.'';
(7) in subsection (j)--
(A) by striking ``child'' each place the term
appears and inserting ``covered person''; and
(B) in the fourth sentence--
(i) by striking ``and the potential'' and
inserting ``the potential'';
(ii) by striking ``child's'' and inserting
``covered person's''; and
(iii) by inserting before the period at the
end the following: ``, and the necessity of the
continuance to protect the defendant's
rights'';
(8) in subsection (k), by striking ``child'' each place the
term appears and inserting ``covered person''; and
(9) in subsection (l), by striking ``child'' each place the
term appears and inserting ``covered person''.
(b) Effective Date.--The amendments made by this section shall
apply to conduct that occurred before, on, or after the date of
enactment of this Act.
SEC. 4. FACILITATING PAYMENT OF RESTITUTION; TECHNICAL AMENDMENTS TO
RESTITUTION STATUTES.
Title 18, United States Code, is amended--
(1) in section 1593(c)--
(A) by inserting ``(1)'' after ``(c)'';
(B) by striking ``chapter, including, in'' and
inserting the following: ``chapter.
``(2) In''; and
(C) in paragraph (2), as so designated, by
inserting ``may assume the rights of the crime victim
under this section'' after ``suitable by the court'';
(2) in section 2248(c)--
(A) by striking ``For purposes'' and inserting the
following:
``(1) In general.--For purposes'';
(B) by striking ``chapter, including, in'' and
inserting the following: ``chapter.
``(2) Assumption of crime victim's rights.--In''; and
(C) in paragraph (2), as so designated, by
inserting ``may assume the rights of the crime victim
under this section'' after ``suitable by the court'';
(3) in section 2259--
(A) in subsection (b)--
(i) in paragraph (1), by striking
``Directions.--Except as provided in paragraph
(2), the'' and inserting ``Restitution for
child pornography production.--If the defendant
was convicted of child pornography production,
the''; and
(ii) in paragraph (2)(B), by striking
``$3,000.'' and inserting the following: ``--
``(i) $3,000; or
``(ii) 10 percent of the full amount of the
victim's losses, if the full amount of the
victim's losses is less than $3,000.''; and
(B) in subsection (c)--
(i) by striking paragraph (1) and inserting
the following:
``(1) Child pornography production.--For purposes of this
section and section 2259A, the term `child pornography
production' means--
``(A) a violation of subsection (a), (b), or (c) of
section 2251, or an attempt or conspiracy to violate
any of those subsections under subsection (e) of that
section;
``(B) a violation of section 2251A;
``(C) a violation of section 2252(a)(4) or
2252A(a)(5), or an attempt or conspiracy to violate
either of those sections under section 2252(b)(2) or
2252A(b)(2), to the extent such conduct involves child
pornography--
``(i) produced by the defendant; or
``(ii) that the defendant attempted or
conspired to produce;
``(D) a violation of section 2252A(g) if the series
of felony violations involves not fewer than 1
violation--
``(i) described in subparagraph (A), (B),
(E), or (F) of this paragraph;
``(ii) of section 1591; or
``(iii) of section 1201, chapter 109A, or
chapter 117, if the victim is a minor;
``(E) a violation of subsection (a) of section
2260, or an attempt or conspiracy to violate that
subsection under subsection (c)(1) of that section;
``(F)(i) a violation of section 2260B(a)(2) for
promoting or facilitating an offense--
``(I) described in subparagraph (A), (B),
(D), or (E) of this paragraph; or
``(II) under section 2422(b); or
``(ii) attempting or conspiring to promote or
facilitate an offense described in clause (i) of this
subparagraph under section 2260B(b); and
``(G) a violation of chapter 109A or chapter 117,
if the offense involves the production or attempted
production of, or conspiracy to produce, child
pornography.''; and
(ii) by striking paragraph (3) and
inserting the following:
``(3) Trafficking in child pornography.--For purposes of
this section and section 2259A, the term `trafficking in child
pornography' means--
``(A) a violation of subsection (d) of section 2251
or an attempt or conspiracy to violate that subsection
under subsection (e) of that section;
``(B) a violation of paragraph (1), (2), or (3) of
subsection (a) of section 2252, or an attempt or
conspiracy to violate any of those paragraphs under
subsection (b)(1) of that section;
``(C) a violation of section 2252(a)(4) or
2252A(a)(5), or an attempt or conspiracy to violate
either of those sections under section 2252(b)(2) or
2252A(b)(2), to the extent such conduct involves child
pornography--
``(i) not produced by the defendant; or
``(ii) that the defendant did not attempt
or conspire to produce;
``(D) a violation of paragraph (1), (2), (3), (4),
or (6) of subsection (a) of section 2252A, or an
attempt or conspiracy to violate any of those
paragraphs under subsection (b)(1) of that section;
``(E) a violation of subsection (a)(7) of section
2252A, or an attempt or conspiracy to violate that
subsection under subsection (b)(3) of that section;
``(F) a violation of section 2252A(g) if the series
of felony violations exclusively involves violations
described in this paragraph;
``(G) a violation of subsection (b) of section
2260, or an attempt or conspiracy to violate that
subsection under subsection (c)(2) of that section;
``(H)(i) a violation of subsection (a)(1) of
section 2260B, or a violation of subsection (a)(2) of
that section for promoting or facilitating an offense
described in this paragraph; or
``(ii) an attempt or conspiracy to commit the
conduct described in clause (i) of this subparagraph
under section 2260B(b).'';
(4) in section 2259A(a)--
(A) in paragraph (1), by striking ``under section
2252(a)(4) or 2252A(a)(5)'' and inserting ``described
in section 2259(c)(3)(C)''; and
(B) in paragraph (2), by striking ``any other
offense for trafficking in child pornography'' and
inserting ``any offense for trafficking in child
pornography other than an offense described in section
2259(c)(3)(C)'';
(5) in section 2429--
(A) in subsection (b)(3), by striking
``2259(b)(3)'' and inserting ``2259(c)(2)''; and
(B) in subsection (d)--
(i) by inserting ``(1)'' after ``(d)'';
(ii) by striking ``chapter, including, in''
and inserting the following: ``chapter.
``(2) In''; and
(iii) in paragraph (2), as so designated,
by inserting ``may assume the rights of the
crime victim under this section'' after
``suitable by the court''; and
(6) in section 3664, by adding at the end the following:
``(q) Trustee or Other Fiduciary.--
``(1) In general.--
``(A) Appointment of trustee or other fiduciary.--
When the court issues an order of restitution under
section 1593, 2248, 2259, 2429, or 3663, or
subparagraphs (A)(i) and (B) of section 3663A(c)(1),
for a victim described in subparagraph (B) of this
paragraph, the court, at its own discretion or upon
motion by the Government, may appoint a trustee or
other fiduciary to hold any amount paid for restitution
in a trust or other official account for the benefit of
the victim.
``(B) Covered victims.--A victim referred to in
subparagraph (A) is a victim who is--
``(i) under the age of 18 at the time of
the proceeding;
``(ii) incompetent or incapacitated; or
``(iii) subject to paragraph (3), a foreign
citizen or stateless person residing outside
the United States.
``(2) Order.--When the court appoints a trustee or other
fiduciary under paragraph (1), the court shall issue an order
specifying--
``(A) the duties of the trustee or other fiduciary,
which shall require--
``(i) the administration of the trust or
maintaining an official account in the best
interests of the victim; and
``(ii) disbursing payments from the trust
or account--
``(I) to the victim; or
``(II) to any individual or entity
on behalf of the victim;
``(B) that the trustee or other fiduciary--
``(i) shall avoid any conflict of interest;
``(ii) may not profit from the
administration of the trust or maintaining an
official account for the benefit of the victim
other than as specified in the order; and
``(iii) may not delegate administration of
the trust or maintaining the official account
to any other person;
``(C) if and when the trust or the duties of the
other fiduciary will expire; and
``(D) the fees payable to the trustee or other
fiduciary to cover expenses of administering the trust
or maintaining the official account for the benefit of
the victim, and the schedule for payment of those fees.
``(3) Fact-finding regarding foreign citizens and stateless
person.--In the case of a victim who is a foreign citizen or
stateless person residing outside the United States and is not
under the age of 18 at the time of the proceeding or
incompetent or incapacitated, the court may appoint a trustee
or other fiduciary under paragraph (1) only if the court finds
it necessary to--
``(A) protect the safety or security of the victim;
or
``(B) provide a reliable means for the victim to
access or benefit from the restitution payments.
``(4) Payment of fees.--
``(A) In general.--The court may, with respect to
the fees of the trustee or other fiduciary--
``(i) pay the fees in whole or in part; or
``(ii) order the defendant to pay the fees
in whole or in part.
``(B) Applicability of other provisions.--With
respect to a court order under subparagraph (A)(ii)
requiring a defendant to pay fees--
``(i) subsection (f)(3) shall apply to the
court order in the same manner as that
subsection applies to a restitution order;
``(ii) subchapter C of chapter 227 (other
than section 3571) shall apply to the court
order in the same manner as that subchapter
applies to a sentence of a fine; and
``(iii) subchapter B of chapter 229 shall
apply to the court order in the same manner as
that subchapter applies to the implementation
of a sentence of a fine.
``(C) Effect on other penalties.--Imposition of
payment under subparagraph (A)(ii) shall not relieve a
defendant of, or entitle a defendant to a reduction in
the amount of, any special assessment, restitution,
other fines, penalties, or costs, or other payments
required under the defendant's sentence.
``(D) Schedule.--Notwithstanding any other
provision of law, if the court orders the defendant to
make any payment under subparagraph (A)(ii), the court
may provide a payment schedule that is concurrent with
the payment of any other financial obligation described
in subparagraph (C).
``(5) Authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated to the United States courts to carry out
this subsection $15,000,000 for each fiscal year.
``(B) Supervision of payments.--Payments from
appropriations authorized under subparagraph (A) shall
be made under the supervision of the Director of the
Administrative Office of the United States Courts.''.
SEC. 5. CYBERTIPLINE IMPROVEMENTS, AND ACCOUNTABILITY AND TRANSPARENCY
BY THE TECH INDUSTRY.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended--
(1) in section 2258A--
(A) by striking subsections (a), (b), and (c) and
inserting the following:
``(a) Duty To Report.--
``(1) Duty.--In order to reduce the proliferation of online
child exploitation and to prevent the online sexual
exploitation of children, as soon as reasonably possible after
obtaining actual knowledge of any facts or circumstances
described in paragraph (2) or any apparent child pornography on
the provider's service, network, or platform, and in any event
not later than 60 days after obtaining such knowledge, a
provider shall--
``(A) submit to the CyberTipline of NCMEC, or any
successor to the CyberTipline operated by NCMEC, a
report containing--
``(i) the mailing address, telephone
number, facsimile number, electronic mailing
address of, and individual point of contact
for, such provider; and
``(ii) information described in subsection
(b) concerning such facts or circumstances or
apparent child pornography; and
``(B) if applicable, remove the apparent child
pornography that is the subject of the report described
in subparagraph (A), if such child pornography is
publicly available.
``(2) Facts or circumstances.--The facts or circumstances
described in this paragraph are any facts or circumstances
indicating an apparent, planned, or imminent violation of
section 2251, 2251A, 2252, 2252A, 2252B, or 2260.
``(3) Permitted actions based on reasonable belief.--In
order to reduce the proliferation of online child exploitation
and to prevent the online sexual exploitation of children, if a
provider has a reasonable belief that any facts or
circumstances described in paragraph (2) exist, the provider
may submit to the CyberTipline of NCMEC, or any successor to
the CyberTipline operated by NCMEC, a report described in
paragraph (1)(A).
``(b) Contents of Report.--
``(1) In general.--In an effort to prevent the future
sexual victimization of children, and to the extent the
information is within the custody or control of a provider,
each report provided under subsection (a)(1)(A)--
``(A) shall include, to the extent that it is
applicable and reasonably available--
``(i) identifying information regarding any
individual who is the subject of the report,
including name, address, electronic mail
address, user or account identification,
Internet Protocol address, and uniform resource
locator;
``(ii) the terms of service in effect at
the time of--
``(I) the apparent violation; or
``(II) the detection of apparent
child pornography or a planned or
imminent violation;
``(iii) a copy of any apparent child
pornography that is the subject of the report
that was identified in a publicly available
location;
``(iv) for each item of apparent child
pornography included in the report under clause
(iii) or paragraph (2)(C), information
indicating whether--
``(I) the reported child
pornography was publicly available; or
``(II) the provider, in its sole
discretion, viewed the reported child
pornography, or any copy thereof, at
any point concurrent with or prior to
the submission of the report; and
``(v) for each item of apparent child
pornography that is the subject of the report,
an indication as to whether the child
pornography--
``(I) has previously been the
subject of a report under paragraph
(1)(A) or (3) of subsection (a); or
``(II) is the subject of multiple
contemporaneous reports due to rapid
and widespread distribution; and
``(B) may, at the sole discretion of the provider,
include the information described in paragraph (2) of
this subsection.
``(2) Other information.--The information referred to in
paragraph (1)(B) is the following:
``(A) Historical reference.--Information relating
to when and how a customer or subscriber of a provider
uploaded, transmitted, or received content relating to
the report or when and how content relating to the
report was reported to, or discovered by the provider,
including a date and time stamp and time zone.
``(B) Geographic location information.--Information
relating to the geographic location of the involved
individual or website, which may include the Internet
Protocol address or verified address, or, if not
reasonably available, at least one form of geographic
identifying information, including area code or zip
code, provided by the customer or subscriber, or stored
or obtained by the provider.
``(C) Apparent child pornography.--Any apparent
child pornography not described in paragraph
(1)(A)(iii), or other content related to the subject of
the report.
``(D) Complete communication.--The complete
communication containing any apparent child pornography
or other content, including--
``(i) any data or information regarding the
transmission of the communication; and
``(ii) any visual depictions, data, or
other digital files contained in, or attached
to, the communication.
``(E) Technical identifier.--An industry-standard
hash value or other similar industry-standard technical
identifier for any reported visual depiction as it
existed on the provider's service, network, or
platform.
``(F) Description.--For any item of apparent child
pornography that is the subject of the report, an
indication of whether--
``(i) the depicted sexually explicit
conduct involves--
``(I) genital, oral, or anal sexual
intercourse;
``(II) bestiality;
``(III) masturbation;
``(IV) sadistic or masochistic
abuse; or
``(V) lascivious exhibition of the
anus, genitals, or pubic area of any
person; and
``(ii) the depicted minor is--
``(I) an infant or toddler;
``(II) prepubescent;
``(III) pubescent;
``(IV) post-pubescent; or
``(V) of an indeterminate age or
developmental stage.'';
``(c) Forwarding of Report and Other Information to Law
Enforcement.--
``(1) In general.--Pursuant to its clearinghouse role as a
private, nonprofit organization, and at the conclusion of its
review in furtherance of its nonprofit mission, NCMEC shall
make available each report submitted under paragraph (1)(A) or
(3) of subsection (a) to one or more of the following law
enforcement agencies:
``(A) Any Federal law enforcement agency that is
involved in the investigation of child sexual
exploitation, kidnapping, or enticement crimes.
``(B) Any State or local law enforcement agency
that is involved in the investigation of child sexual
exploitation.
``(C) A foreign law enforcement agency designated
by the Attorney General under subsection (d)(3) or a
foreign law enforcement agency that has an established
relationship with the Federal Bureau of Investigation,
Immigration and Customs Enforcement, or INTERPOL, and
is involved in the investigation of child sexual
exploitation, kidnapping, or enticement crimes.
``(2) Technical identifiers.--If a report submitted under
paragraph (1)(A) or (3) of subsection (a) contains an industry-
standard hash value or other similar industry-standard
technical identifier--
``(A) NCMEC may compare that hash value or
identifier with any database or repository of visual
depictions owned or operated by NCMEC; and
``(B) if the comparison under subparagraph (A)
results in a match, NCMEC may include the matching
visual depiction from its database or repository when
forwarding the report to an agency described in
subparagraph (A) or (B) of paragraph (1).'';
(B) in subsection (d)--
(i) in paragraph (2), by striking
``subsection (c)(1)'' and inserting
``subsection (c)(1)(A)''; and
(ii) in paragraph (3)--
(I) in subparagraph (A), by
striking ``subsection (c)(3)'' and
inserting ``subsection (c)(1)(C)''; and
(II) in subparagraph (C), by
striking ``subsection (c)(3)'' and
inserting ``subsection (c)(1)(C)'';
(C) by striking subsection (e) and inserting the
following:
``(e) Failure To Comply With Requirements.--
``(1) Criminal penalty.--
``(A) Offense.--It shall be unlawful for a provider
to knowingly--
``(i) fail to submit a report under
subsection (a)(1)(A) within the time period
required by that subsection; or
``(ii) fail to preserve material as
required under subsection (h).
``(B) Penalty.--
``(i) In general.--A provider that violates
subparagraph (A) shall be fined--
``(I) in the case of an initial
violation, not more than $150,000; and
``(II) in the case of any second or
subsequent violation, not more than
$300,000.
``(ii) Harm to individuals.--The maximum
fine under clause (i) shall be tripled if an
individual is harmed as a direct and proximate
result of the applicable violation.
``(2) Civil penalty.--
``(A) Violations relating to cybertipline reports,
content removal, and material preservation.--A provider
shall be liable to the United States Government for a
civil penalty in an amount of not less than $50,000 and
not more than $100,000 if the provider knowingly--
``(i) fails to submit a report under
subsection (a)(1)(A) within the time period
required by that subsection;
``(ii) fails to remove apparent child
pornography as required under subsection
(a)(1)(B);
``(iii) fails to preserve material as
required under subsection (h); or
``(iv) submits a report under subsection
(a)(1)(A) that--
``(I) contains materially false or
fraudulent information; or
``(II) omits information described
in subsection (b)(1)(A) that is
reasonably available.
``(B) Annual report violations.--A provider shall
be liable to the United States Government for a civil
penalty in an amount of not less than $100,000 and not
more than $1,000,000 if the provider knowingly--
``(i) fails to submit an annual report as
required under subsection (i); or
``(ii) submits an annual report under
subsection (i) that--
``(I) contains a materially false,
fraudulent, or misleading statement; or
``(II) omits information described
in subsection (i)(1) that is reasonably
available.
``(C) Harm to individuals.--The amount of a civil
penalty under subparagraph (A) or (B) shall be tripled
if an individual is harmed as a direct and proximate
result of the applicable violation.
``(D) Costs of civil actions.--A provider that
commits a violation described in subparagraph (A) or
(B) shall be liable to the United States Government for
the costs of a civil action brought to recover a civil
penalty under that subparagraph.
``(E) Enforcement.--This paragraph shall be
enforced in accordance with sections 3731, 3732, and
3733 of title 31, except that a civil action to recover
a civil penalty under subparagraph (A) or (B) of this
paragraph may only be brought by the United States
Government.
``(3) Deposit of fines and penalties.--Notwithstanding any
other provision of law, any criminal fine or civil penalty
collected under this subsection shall be deposited into the
Child Pornography Victims Reserve as provided in section
2259B.'';
(D) in subsection (f), by striking paragraph (3)
and inserting the following:
``(3) affirmatively search, screen, or scan for--
``(A) facts or circumstances described in
subsection (a)(2);
``(B) information described in subsection (b)(2);
or
``(C) any apparent child pornography, including any
copy of apparent child pornography removed pursuant to
subsection (a)(1)(B).'';
(E) in subsection (g)--
(i) in paragraph (2)(A)--
(I) in clause (iii), by inserting
``or personnel at a children's advocacy
center'' after ``State)''; and
(II) in clause (iv), by striking
``State or subdivision of a State'' and
inserting ``State, subdivision of a
State, or children's advocacy center'';
(ii) in paragraph (3), in the matter
preceding subparagraph (A), by inserting
``paragraph (1)(A) or (3) of'' before
``subsection (a)''; and
(iii) in paragraph (4), by striking
``subsection (a)(1)'' and inserting ``paragraph
(1)(A) or (3) of subsection (a)'';
(F) in subsection (h)--
(i) in paragraph (1), by striking
``subsection (a)(1)'' and inserting ``paragraph
(1)(A) or (3) of subsection (a)''; and
(ii) by adding at the end the following:
``(5) Relation to reporting requirement.--Submission of a
report as required under paragraph (1)(A) or (3) of subsection
(a) does not satisfy the obligations under this subsection.'';
and
(G) by adding at the end the following:
``(i) Annual Report.--
``(1) In general.--Not later than March 31 of the second
year beginning after the date of enactment of the STOP CSAM Act
of 2023, and of each year thereafter, a provider that had more
than 1,000,000 unique monthly visitors or users during each
month of the preceding year and accrued revenue of more than
$50,000,000 during the preceding year shall submit to the
Attorney General and the Chair of the Federal Trade Commission
a report, disaggregated by subsidiary, that provides the
following information for the preceding year to the extent such
information is applicable and reasonably available:
``(A) Cybertipline data.--
``(i) The total number of reports that the
provider submitted under paragraph (1)(A) or
(3) of subsection (a).
``(ii) The total number of publicly
available items of apparent child pornography
that the provider removed under subsection
(a)(1)(B).
``(iii) Which items of information
described in subsection (b)(2) are routinely
included in the reports submitted by the
provider under paragraph (1)(A) or (3) of
subsection (a).
``(B) Report and remove data.--With respect to
section 7 of the STOP CSAM Act of 2023--
``(i) a description of the provider's
designated reporting system;
``(ii) the number of notifications
received;
``(iii) the number of proscribed visual
depictions involving a minor that were removed;
and
``(iv) the total amount of any fine ordered
and paid.
``(C) Other reporting to the provider.--
``(i) The measures the provider has in
place to receive other reports concerning child
sexual exploitation and abuse using the
provider's product or on the provider's
service, platform, or network.
``(ii) The average time for responding to
reports described in clause (i).
``(iii) The number of reports described in
clause (i) that the provider received.
``(iv) A summary description of the actions
taken upon receipt of the reports described in
clause (i).
``(D) Policies.--
``(i) A description of the policies of the
provider with respect to the commission of
child sexual exploitation and abuse using the
provider's product or on the provider's
service, platform, or network, including how
child sexual exploitation and abuse is defined.
``(ii) A description of possible
consequences for violations of the policies
described in clause (i).
``(iii) The methods of informing users of
the policies described in clause (i).
``(iv) The process for adjudicating
potential violations of the policies described
in clause (i).
``(E) Culture of safety.--
``(i) The measures and technologies that
the provider deploys to protect the safety of
children using the provider's product, service,
platform, or network.
``(ii) The measures and technologies that
the provider deploys to prevent the use of the
provider's product, service, platform, or
network by individuals seeking to commit child
sexual exploitation and abuse.
``(iii) Factors that interfere with the
provider's ability to detect or evaluate
instances of child sexual exploitation and
abuse.
``(iv) An assessment of the efficacy of the
measures and technologies described in clauses
(i) and (ii) and the impact of the factors
described in clause (iii).
``(F) Safety by design.--The measures that the
provider takes before launching a new product, service,
platform, or network to assess--
``(i) the safety risks for children; and
``(ii) whether and how individuals could
use the new product, service, platform, or
network to commit child sexual exploitation and
abuse.
``(G) Trends and patterns.--Any information
concerning emerging trends and changing patterns with
respect to online child safety and the commission of
child sexual exploitation and abuse.
``(2) Avoiding duplication.--For purposes of subparagraphs
(D) through (G) of paragraph (1), in the case of any report
submitted under that paragraph after the initial report, a
provider shall only be required to submit new or updated
information described in those subparagraphs.
``(3) Limitation.--Nothing in paragraph (1) shall require
the disclosure of trade secrets or other proprietary
information.
``(4) Publication.--
``(A) In general.--The Attorney General and the
Chair of the Federal Trade Commission shall publish the
reports received under this subsection.
``(B) Redaction.--A provider may request the
redaction of any information that is law enforcement
sensitive or otherwise not suitable for public
distribution, and the Attorney General and Chair of the
Federal Trade Commission may, in their discretion,
redact any such information, whether or not
requested.'';
(2) in section 2258B--
(A) in subsection (a)--
(i) by striking ``may not be brought in any
Federal or State court''; and
(ii) by striking ``Except as provided in
subsection (b), a civil claim or criminal
charge'' and inserting the following:
``(1) Limited liability.--Except as provided in subsection
(b), a civil claim or criminal charge described in paragraph
(2) may not be brought in any Federal or State court.
``(2) Covered claims and charges.--A civil claim or
criminal charge referred to in paragraph (1) is a civil claim
or criminal charge''; and
(B) in subsection (b)(1), by inserting ``or
knowingly failed to comply with a requirement under
section 2258A'' after ``misconduct'';
(3) in section 2258C--
(A) in subsection (a)(1), by inserting ``use of the
provider's products, services, platforms, or networks
to commit'' after ``stop the'';
(B) in subsection (b)--
(i) by striking ``Any provider'' and
inserting the following:
``(1) In general.--Any provider'';
(ii) in paragraph (1), as so designated, by
striking ``receives'' and inserting ``, in its
sole discretion, obtains''; and
(iii) by adding at the end the following:
``(2) Limitation on sharing with other entities.--A
provider that obtains elements under subsection (a)(1) may not
distribute those elements, or make those elements available, to
any other entity, except for the sole and exclusive purpose of
stopping the online sexual exploitation of children.''; and
(C) in subsection (c)--
(i) by striking ``subsections'' and
inserting ``subsection'';
(ii) by striking ``providers receiving''
and inserting ``a provider to obtain'';
(iii) by inserting ``, or'' after
``NCMEC''; and
(iv) by inserting ``use of the provider's
products, services, platforms, or networks to
commit'' after ``stop the'';
(4) in section 2258E(6), by striking ``electronic
communication service provider'' and inserting ``electronic
communication service'';
(5) in section 2259B(a), by inserting ``, any fine or
penalty collected under section 2258A(e) or subparagraph (A) of
section 7(g)(24) of the STOP CSAM Act of 2023 (except as
provided in clauses (i) and (ii)(I) of subparagraph (B) of such
section 7(g)(24)),'' after ``2259A''; and
(6) by adding at the end the following:
``Sec. 2260B. Liability for certain child exploitation offenses
``(a) Offense.--It shall be unlawful for a provider of an
interactive computer service, as that term is defined in section 230 of
the Communications Act of 1934 (47 U.S.C. 230), that operates through
the use of any facility or means of interstate or foreign commerce or
in or affecting interstate or foreign commerce, through such service to
knowingly--
``(1) host or store child pornography or make child
pornography available to any person; or
``(2) otherwise knowingly promote or facilitate a violation
of section 2251, 2251A, 2252, 2252A, or 2422(b).
``(b) Penalty.--A provider of an interactive computer service that
violates subsection (a)--
``(1) subject to paragraph (2), shall be fined not more
than $1,000,000; and
``(2) if the offense involves a conscious or reckless risk
of serious personal injury or an individual is harmed as a
direct and proximate result of the violation, shall be fined
not more than $5,000,000.
``(c) Rule of Construction.--Nothing in this section shall be
construed to apply to any action by a provider of an interactive
computer service that is necessary to comply with a valid court order,
subpoena, search warrant, statutory obligation, or preservation request
from law enforcement.''.
(b) Clerical Amendment.--The table of sections for chapter 110 of
title 18, United States Code, is amended by adding at the end the
following:
``2260B. Liability for certain child exploitation offenses.''.
SEC. 6. EXPANDING CIVIL REMEDIES FOR VICTIMS OF ONLINE CHILD SEXUAL
EXPLOITATION.
Section 2255 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``a violation of section 1589,
1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252,
2252A, 2260, 2421, 2422, or 2423 of this title'' and
inserting ``a child exploitation violation or conduct
relating to child exploitation'';
(B) by inserting ``or conduct'' after ``as a result
of such violation''; and
(C) by striking ``sue in any'' and inserting
``bring a civil action in the''; and
(2) by adding at the end the following:
``(d) Definitions.--In this section--
``(1) the term `child exploitation violation' means a
violation of section 1589, 1590, 1591, 1594(a) (involving a
violation of section 1589, 1590, or 1591), 1594(b) (involving a
violation of section 1589 or 1590), 1594(c), 2241, 2242, 2243,
2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this
title;
``(2) the term `conduct relating to child exploitation'
means--
``(A) with respect to a provider of an interactive
computer service or a software distribution service
operating through the use of any means or facility of
interstate or foreign commerce, or in or affecting
interstate or foreign commerce, the intentional,
knowing, reckless, or negligent promotion or
facilitation of conduct that violates section 1591,
1594(c), 2251, 2251A, 2252, 2252A, or 2422(b) of this
title; and
``(B) with respect to a provider of an interactive
computer service operating through the use of any means
or facility of interstate or foreign commerce, or in or
affecting interstate or foreign commerce, the
intentional, knowing, reckless, or negligent hosting or
storing of child pornography or making child
pornography available to any person;
``(3) the term `interactive computer service' has the
meaning given that term in section 230(f) of the Communications
Act of 1934 (47 U.S.C. 230(f)); and
``(4) the term `software distribution service' means an
online service, whether or not operated for pecuniary gain,
from which individuals can purchase, obtain, or download
software that--
``(A) can be used by an individual to communicate
with another individual, by any means, to store,
access, distribute, or receive any visual depiction, or
to transmit any live visual depiction; and
``(B) was not developed by the software
distribution service.
``(e) Relation to Section 230 of the Communications Act of 1934.--
Nothing in section 230 of the Communications Act of 1934 (47 U.S.C.
230) shall be construed to impair or limit any claim brought under this
section for conduct relating to child exploitation.
``(f) Rule of Construction.--Nothing in this section shall be
construed to apply to any action by a provider of an interactive
computer service that is necessary to comply with a valid court order,
subpoena, search warrant, statutory obligation, or preservation request
from law enforcement.''.
SEC. 7. REPORTING AND REMOVAL OF PROSCRIBED VISUAL DEPICTIONS RELATING
TO CHILDREN; ESTABLISHMENT OF CHILD ONLINE PROTECTION
BOARD.
(a) Findings.--Congress finds the following:
(1) Over 40 years ago, the Supreme Court of the United
States ruled in New York v. Ferber, 458 U.S. 747 (1982), that
child sexual abuse material (referred to in this subsection as
``CSAM'') is a ``category of material outside the protections
of the First Amendment.'' The Court emphasized that children
depicted in CSAM are harmed twice: first through the abuse and
exploitation inherent in the creation of the materials, and
then through the continued circulation of the imagery, which
inflicts its own emotional and psychological injury.
(2) The Supreme Court reiterated this point 9 years ago in
Paroline v. United States, 572 U.S. 434 (2014), when it
explained that CSAM victims suffer ``continuing and grievous
harm as a result of [their] knowledge that a large,
indeterminate number of individuals have viewed and will in the
future view images of the sexual abuse [they] endured.''
(3) In these decisions, the Supreme Court noted that the
distribution of child sexual abuse material invades the privacy
interests of the victims.
(4) The co-mingling online of CSAM with other, non-explicit
depictions of the victims links the victim's identity with the
images of their abuse. This further invades a victim's privacy
and disrupts their sense of security, thwarting what the
Supreme Court has described as ``the individual interest in
avoiding disclosure of personal matters.''
(5) The internet is awash with child sexual abuse material.
In 2021, the CyberTipline, operated by the National Center for
Missing & Exploited Children to combat online child sexual
exploitation, received reports about 39,900,000 images and
44,800,000 videos depicting child sexual abuse.
(6) Since 2017, Project Arachnid, operated by the Canadian
Centre for Child Protection, has sent over 26,000,000 notices
to online providers about CSAM and other exploitive material
found on their platforms. According to the Canadian Centre,
some providers are slow to remove the material, or take it down
only for it to be reposted again a short time later.
(7) This legislation is needed to create an easy-to-use and
effective procedure to get CSAM and harmful related imagery
quickly taken offline and kept offline to protect children,
stop the spread of illegal and harmful content, and thwart the
continued invasion of the victims' privacy.
(b) Implementation.--
(1) Implementation.--Except as provided in paragraph (2),
not later than 1 year after the date of enactment of this Act,
the Child Online Protection Board established under subsection
(d), shall begin operations, at which point providers shall
begin receiving notifications as set forth in subsection
(c)(2).
(2) Extension.--The Commission may extend the deadline
under paragraph (1) by not more than 180 days if the Commission
provides notice of the extension to the public and to Congress.
(c) Reporting and Removal of Proscribed Visual Depictions Relating
to Children.--
(1) In general.--If a provider receives a complete
notification as set forth in paragraph (2)(A) that the provider
is hosting a proscribed visual depiction relating to a child,
not later than 48 hours after such notification is received by
the provider (or, in the case of a small provider, not later
than 2 business days after such notification is received by the
small provider) the provider shall--
(A)(i) remove the proscribed visual depiction
relating to a child; and
(ii) notify the complainant that it has done so; or
(B) notify the complainant that the provider--
(i) is unable to remove the proscribed
visual depiction relating to a child using
reasonable means; or
(ii) has determined that the notification
is duplicative under paragraph (2)(C)(i).
(2) Notification requirements.--
(A) In general.--To be complete under this
subsection, a notification must be a written
communication to the designated reporting system of the
provider (or, if the provider does not have a
designated reporting system, a written communication
that is served on the provider in accordance with
subparagraph (F)) that includes the following:
(i) An identification of, and information
reasonably sufficient to permit the provider to
locate, the alleged proscribed visual depiction
relating to a child. Such information may
include, at the option of the complainant, a
copy of the alleged proscribed visual depiction
relating to a child or the uniform resource
locator where such proscribed visual depiction
is located.
(ii) The complainant's name and contact
information, to include a mailing address,
telephone number, and an electronic mail
address, except that, if the complainant is the
victim depicted in the alleged proscribed
visual depiction relating to a child, the
complainant may elect to use an alias,
including for purposes of the signed statement
described in clause (v), and omit a mailing
address.
(iii) If applicable, a statement indicating
that the complainant has previously notified
the provider about the alleged proscribed
visual depiction relating to a child which may,
at the option of the complainant, include a
copy of the previous notification.
(iv) A statement indicating that the
complainant has a good faith belief that the
information in the notification is accurate.
(v) A signed statement under penalty of
perjury indicating that the notification is
submitted by--
(I) the victim depicted in the
alleged proscribed visual depiction
relating to a child;
(II) an authorized representative
of the victim depicted in the alleged
proscribed visual depiction relating to
a child; or
(III) a qualified organization.
(B) Inclusion of multiple visual depictions in same
notification.--A notification may contain information
about more than one proscribed visual depiction
relating to a child, but shall only be effective with
respect to each proscribed visual depiction relating to
a child included in the notification to the extent that
the notification includes sufficient information to
identify and locate such visual depiction.
(C) Limitation on duplicative notifications.--
(i) In general.--After a complainant has
submitted a notification to a provider, the
complainant may submit additional notifications
at any time only if the subsequent
notifications involve--
(I) a different proscribed visual
depiction relating to a minor;
(II) the same proscribed visual
depiction relating to a minor that is
in a different location; or
(III) recidivist hosting.
(ii) No obligation.--A provider who
receives any additional notifications that do
not comply with clause (i) shall not be
required to take any additional action except--
(I) as may be required with respect
to the original notification; and
(II) to notify the complainant as
provided in paragraph (1)(B)(ii).
(D) Incomplete or misdirected notification.--
(i) Requirement to contact complainant
regarding insufficient information.--
(I) Requirement to contact
complainant.--If a notification that is
submitted to a provider under this
subsection does not contain sufficient
information under subparagraph (A)(i)
to identify or locate the visual
depiction that is the subject of the
notification but does contain the
complainant contact information
described in subparagraph (A)(ii), the
provider shall, not later than 48 hours
after receiving the notification (or,
in the case of a small provider, not
later than 2 business days after such
notification is received by the small
provider), contact the complainant via
electronic email address to obtain such
information.
(II) Effect of complainant
providing sufficient information.--If
the provider is able to contact the
complainant and obtain sufficient
information to identify or locate the
visual depiction that is the subject of
the notification, the provider shall
then proceed as set forth in paragraph
(1), except that the applicable
timeframes described in such paragraph
shall commence on the day the provider
receives the information needed to
identify or locate the visual
depiction.
(III) Effect of complainant
inability to provide sufficient
information.--If the provider is able
to contact the complainant but does not
obtain sufficient information to
identify or locate the visual depiction
that is the subject of the
notification, the provider shall so
notify the complainant not later than
48 hours after the provider determines
that it is unable to identify or locate
the visual depiction (or, in the case
of a small provider, not later than 2
business days after the small provider
makes such determination), after which
no further action by the provider is
required and receipt of the
notification shall not be considered in
determining whether the provider has
actual knowledge of any information
described in the notification.
(IV) Effect of complainant failure
to respond.--If the complainant does
not respond to the provider's attempt
to contact the complainant under this
clause within 14 days of such attempt,
no further action by the provider is
required and receipt of the
notification shall not be considered in
determining whether the provider has
actual knowledge of any information
described in the notification.
(ii) Treatment of incomplete notification
where complainant cannot be contacted.--If a
notification that is submitted to a provider
under this subsection does not contain
sufficient information under subparagraph
(A)(i) to identify or locate the visual
depiction that is the subject of the
notification and does not contain the
complainant contact information described in
subparagraph (A)(ii) (or if the provider is
unable to contact the complainant using such
information), no further action by the provider
is required and receipt of the notification
shall not be considered in determining whether
the provider has actual knowledge of any
information described in the notification.
(iii) Treatment of notification not
submitted to designated reporting system.--If a
provider has a designated reporting system, and
a complainant submits a notification under this
subsection to the provider without using such
system, the provider shall not be considered to
have received the notification.
(E) Option to contact complainant regarding the
proscribed visual depiction involving a minor.--
(i) Contact with complainant.--If the
provider believes that the proscribed visual
depiction involving a minor referenced in the
notification does not meet the definition of
such term as provided in subsection (r)(10),
the provider may, not later than 48 hours after
receiving the notification (or, in the case of
a small provider, not later than 2 business
days after such notification is received by the
small provider), contact the complainant via
electronic mail address to so indicate.
(ii) Failure to respond.--If the
complainant does not respond to the provider
within 14 days after receiving the
notification, no further action by the provider
is required and receipt of the notification
shall not be considered in determining whether
the provider has actual knowledge of any
information described in the notification.
(iii) Complainant response.--If the
complainant responds to the provider within 14
days after receiving the notification, the
provider shall then proceed as set forth in
paragraph (1), except that the applicable
timeframes described in such paragraph shall
commence on the day the provider receives the
complainant's response.
(F) Service of notification where provider has no
designated reporting system; process where complainant
cannot serve provider.--
(i) No designated reporting system.--If a
provider does not have a designated reporting
system, a complainant may serve the provider
with a notification under this subsection to
the provider in the same manner that petitions
are required to be served under subsection
(g)(4).
(ii) Complainant cannot serve provider.--If
a provider does not have a designated reporting
system and a complainant cannot reasonably
serve the provider with a notification as
described in clause (i), the complainant may
bring a petition under subsection (g)(1)
without serving the provider with the
notification.
(G) Recidivist hosting.--If a provider engages in
recidivist hosting of a proscribed visual depiction
relating to a child, in addition to any action taken
under this section, a complainant may submit a report
concerning such recidivist hosting to the CyberTipline
operated by the National Center for Missing and
Exploited Children, or any successor to the
CyberTipline operated by the National Center for
Missing and Exploited Children.
(H) Preservation.--A provider that receives a
complete notification under this subsection shall
preserve the information in such notification in
accordance with the requirements of sections 2713 and
2258A(h) of title 18, United States Code. For purposes
of this subparagraph, the period for which providers
shall be required to preserve information in accordance
with such section 2258A(h) may be extended in 90-day
increments on written request by the complainant or
order of the Board.
(I) Non-disclosure.--Except as otherwise provided
in subsection (g)(19)(C), for 180 days following
receipt of a notification under this subsection, a
provider may not disclose the existence of the
notification to any person or entity except to an
attorney for purposes of obtaining legal advice, the
Board, the Commission, a law enforcement agency
described in subparagraph (A), (B), or (C) of section
2258A(g)(3) of title 18, United States Code, the
National Center for Missing and Exploited Children, or
as necessary to respond to legal process. Nothing in
the preceding sentence shall be construed to infringe
on the provider's ability to communicate general
information about terms of service violations.
(d) Establishment of Child Online Protection Board.--
(1) In general.--There is established in the Federal Trade
Commission a Child Online Protection Board, which shall
administer and enforce the requirements of subsection (e) in
accordance with this section.
(2) Officers and staff.--The Board shall be composed of 3
full-time Child Online Protection Officers who shall be
appointed by the Commission in accordance with paragraph
(5)(A). A vacancy on the Board shall not impair the right of
the remaining Child Online Protection Officers to exercise the
functions and duties of the Board.
(3) Child online protection attorneys.--Not fewer than 2
full-time Child Online Protection Attorneys shall be hired to
assist in the administration of the Board.
(4) Technological adviser.--One or more technological
advisers may be hired to assist with the handling of digital
evidence and consult with the Child Online Protection Officers
on matters concerning digital evidence and technological
issues.
(5) Qualifications.--
(A) Officers.--
(i) In general.--Each Child Online
Protection Officer shall be an attorney duly
licensed in at least 1 United States
jurisdiction who has not fewer than 7 years of
legal experience concerning child sexual abuse
material and technology-facilitated crimes
against children.
(ii) Experience.--Two of the Child Online
Protection Officers shall have substantial
experience in the evaluation, litigation, or
adjudication of matters relating to child
sexual abuse material or technology-facilitated
crimes against children.
(B) Attorneys.--Each Child Online Protection
Attorney shall be an attorney duly licensed in at least
1 United States jurisdiction who has not fewer than 3
years of substantial legal experience concerning child
sexual abuse material and technology-facilitated crimes
against children.
(C) Technological adviser.--A technological adviser
shall have at least one year of specialized experience
with digital forensic analysis.
(6) Compensation.--
(A) Child online protection officers.--
(i) Definition.--In this subparagraph, the
term ``senior level employee of the Federal
Government'' means an employee, other than
employee in the Senior Executive Service, the
position of whom is classified above GS-15 of
the General Schedule.
(ii) Pay range.--Each Child Online
Protection Officer shall be compensated at a
rate of pay that is not less than the minimum,
and not more than the maximum, rate of pay
payable for senior level employees of the
Federal Government, including locality pay, as
applicable.
(B) Child online protection attorneys.--Each Child
Online Protection Attorney shall be compensated at a
rate of pay that is not more than the maximum rate of
pay payable for level 10 of GS-15 of the General
Schedule, including locality pay, as applicable.
(C) Technological adviser.--A technological adviser
of the Board shall be compensated at a rate of pay that
is not more than the maximum rate of pay payable for
level 10 of GS-14 of the General Schedule, including
locality pay, as applicable.
(7) Vacancy.--If a vacancy occurs in the position of Child
Online Protection Officer, the Commission shall act
expeditiously to appoint an Officer for that position.
(8) Sanction or removal.--Subject to subsection (e)(2), the
Chair of the Commission or the Commission may sanction or
remove a Child Online Protection Officer.
(9) Administrative support.--The Commission shall provide
the Child Online Protection Officers and Child Online
Protection Attorneys with necessary administrative support,
including technological facilities, to carry out the duties of
the Officers and Attorneys under this section. The Department
of Justice may provide equipment and guidance on the storage
and handling of proscribed visual depictions relating to
children.
(10) Location of board.--The offices and facilities of the
Child Online Protection Officers and Child Online Protection
Attorneys shall be located at the headquarters or other office
of the Commission.
(e) Authority and Duties of the Board.--
(1) Functions.--
(A) Officers.--Subject to the provisions of this
section and applicable regulations, the functions of
the Officers of the Board shall be as follows:
(i) To render determinations on petitions
that may be brought before the Officers under
this section.
(ii) To ensure that petitions and responses
are properly asserted and otherwise appropriate
for resolution by the Board.
(iii) To manage the proceedings before the
Officers and render determinations pertaining
to the consideration of petitions and
responses, including with respect to
scheduling, discovery, evidentiary, and other
matters.
(iv) To request, from participants and
nonparticipants in a proceeding, the production
of information and documents relevant to the
resolution of a petition or response.
(v) To conduct hearings and conferences.
(vi) To facilitate the settlement by the
parties of petitions and responses.
(vii) To impose fines as set forth in
subsection (g)(24).
(viii) To provide information to the public
concerning the procedures and requirements of
the Board.
(ix) To maintain records of the proceedings
before the Officers, certify official records
of such proceedings as needed, and, as provided
in subsection (g)(19)(A), make the records in
such proceedings available to the public.
(x) To carry out such other duties as are
set forth in this section.
(xi) When not engaged in performing the
duties of the Officers set forth in this
section, to perform such other duties as may be
assigned by the Chair of the Commission or the
Commission.
(B) Attorneys.--Subject to the provisions of this
section and applicable regulations, the functions of
the Attorneys of the Board shall be as follows:
(i) To provide assistance to the Officers
of the Board in the administration of the
duties of those Officers under this section.
(ii) To provide assistance to complainants,
providers, and members of the public with
respect to the procedures and requirements of
the Board.
(iii) When not engaged in performing the
duties of the Attorneys set forth in this
section, to perform such other duties as may be
assigned by the Commission.
(C) Designated service agents.--The Board may
maintain a publicly available directory of service
agents designated to receive service of petitions filed
with the Board.
(2) Independence in determinations.--
(A) In general.--The Board shall render the
determinations of the Board in individual proceedings
independently on the basis of the records in the
proceedings before it and in accordance with the
provisions of this section, judicial precedent, and
applicable regulations of the Commission.
(B) Performance appraisals.--Notwithstanding any
other provision of law or any regulation or policy of
the Commission, any performance appraisal of an Officer
or Attorney of the Board may not consider the
substantive result of any individual determination
reached by the Board as a basis for appraisal except to
the extent that result may relate to any actual or
alleged violation of an ethical standard of conduct.
(3) Direction by commission.--Subject to paragraph (2), the
Officers and Attorneys shall, in the administration of their
duties, be under the supervision of the Chair of the
Commission.
(4) Inconsistent duties barred.--An Officer or Attorney of
the Board may not undertake any duty that conflicts with the
duties of the Officer or Attorney in connection with the Board.
(5) Recusal.--An Officer or Attorney of the Board shall
recuse himself or herself from participation in any proceeding
with respect to which the Officer or Attorney, as the case may
be, has reason to believe that he or she has a conflict of
interest.
(6) Ex parte communications.--Except as may otherwise be
permitted by applicable law, any party or interested owner
involved in a proceeding before the Board shall refrain from ex
parte communications with the Officers of the Board and the
Commission relevant to the merits of such proceeding before the
Board.
(7) Judicial review.--Actions of the Officers and the
Commission under this section in connection with the rendering
of any determination are subject to judicial review as provided
under subsection (g)(28).
(f) Conduct of Proceedings of the Board.--
(1) In general.--Proceedings of the Board shall be
conducted in accordance with this section and regulations
established by the Commission under this section, in addition
to relevant principles of law.
(2) Record.--The Board shall maintain records documenting
the proceedings before the Board.
(3) Centralized process.--Proceedings before the Board
shall--
(A) be conducted at the offices of the Board
without the requirement of in-person appearances by
parties or others;
(B) take place by means of written submissions,
hearings, and conferences carried out through internet-
based applications and other telecommunications
facilities, except that, in cases in which physical or
other nontestimonial evidence material to a proceeding
cannot be furnished to the Board through available
telecommunications facilities, the Board may make
alternative arrangements for the submission of such
evidence that do not prejudice any party or interested
owner; and
(C) be conducted and concluded in an expeditious
manner without causing undue prejudice to any party or
interested owner.
(4) Representation.--
(A) In general.--A party or interested owner
involved in a proceeding before the Board may be, but
is not required to be, represented by--
(i) an attorney; or
(ii) a law student who is qualified under
applicable law governing representation by law
students of parties in legal proceedings and
who provides such representation on a pro bono
basis.
(B) Representation of victims.--
(i) In general.--A petition involving a
victim under the age of 16 at the time the
petition is filed shall be filed by an
authorized representative, qualified
organization, or a person described in
subparagraph (A).
(ii) No requirement for qualified
organizations to have contact with, or
knowledge of, victim.--A qualified organization
may submit a notification to a provider or file
a petition on behalf of a victim without regard
to whether the qualified organization has
contact with the victim or knows the identity,
location, or contact information of the victim.
(g) Procedures To Contest a Failure To Remove a Proscribed Visual
Depiction Relating to a Child or a Notification Reporting a Proscribed
Visual Depiction Relating to a Child.--
(1) Procedure to contest a failure to remove.--
(A) Complainant petition.--A complainant may file a
petition to the Board claiming that, as applicable--
(i) the complainant submitted a complete
notification to a provider concerning a
proscribed visual depiction relating to a
child, and that--
(I) the provider--
(aa) did not remove the
proscribed visual depiction
relating to a child within the
timeframe required under
subsection (c)(1)(A)(i); or
(bb) incorrectly claimed
that--
(AA) the visual
depiction at issue
could not be located or
removed through
reasonable means;
(BB) the
notification was
incomplete; or
(CC) the
notification was
duplicative under
subsection
(c)(2)(C)(i); and
(II) did not file a timely petition
to contest the notification with the
Board under paragraph (2); or
(ii) a provider is hosting a proscribed
visual depiction relating to a child, does not
have a designated reporting system, and the
complainant was unable to serve a notification
on the provider under this subsection despite
reasonable efforts.
(B) Additional claim.--As applicable, a petition
filed under subparagraph (A) may also claim that the
proscribed visual depiction relating to a child at
issue in the petition involves recidivist hosting.
(C) Timeframe.--
(i) In general.--A petition under this
paragraph shall be considered timely if it is
filed within 30 days of the applicable start
date, as defined under clause (ii).
(ii) Applicable start date.--For purposes
of clause (i), the term ``applicable start
date'' means--
(I) in the case of a petition under
subparagraph (A)(i) claiming that the
visual depiction was not removed or
that the provider made an incorrect
claim relating to the visual depiction
or notification, the day that the
provider's option to file a petition
has expired under paragraph (2)(B); and
(II) in the case of a petition
under subparagraph (A)(ii) related to a
notification that could not be served,
the last day of the 2-week period that
begins on the day on which the
complainant first attempted to serve a
notification on the provider involved.
(D) Identification of victim.--Any petition filed
to the Board by the victim or an authorized
representative of the victim shall include the victim's
legal name. A petition filed to the Board by a
qualified organization may, but is not required to,
include the victim's legal name. Any petition
containing the victim's legal name shall be filed under
seal. The victim's legal name shall be redacted from
any documents served on the provider and interested
owner or made publicly available.
(E) Failure to remove visual depictions in timely
manner.--A complainant may file a petition under
subparagraph (A)(i) claiming that a visual depiction
was not removed even if the visual depiction was
removed prior to the petition being filed, so long as
the petition claims that the visual depiction was not
removed within the timeframe specified in subsection
(c)(1).
(2) Procedure to contest a notification.--
(A) Provider petition.--If a provider receives a
complete notification as described in subsection (c)(2)
through its designated reporting system or in
accordance with subsection (c)(2)(F)(i), the provider
may file a petition to the Board claiming that the
provider has a good faith belief that, as applicable--
(i) the visual depiction that is the
subject of the notification does not constitute
a proscribed visual depiction relating to a
child;
(ii) the notification is frivolous or was
submitted with an intent to harass the provider
or any person;
(iii) the alleged proscribed visual
depiction relating to a child cannot reasonably
be located by the provider;
(iv) for reasons beyond the control of the
provider, the provider cannot remove the
proscribed visual depiction relating to a child
using reasonable means; or
(v) the notification was duplicative under
subsection (c)(2)(C)(i).
(B) Timeframe.--
(i) In general.--Subject to clauses (ii)
and (iii), a petition contesting a notification
under this paragraph shall be considered timely
if it is filed by a provider not later than 14
days after the day on which the provider
receives the notification or the notification
is made complete under subsection (c)(2)(D)(i).
(ii) No designated reporting system.--
Subject to clause (iii), if a provider does not
have a designated reporting system, a petition
contesting a notification under this paragraph
shall be considered timely if it is filed by a
provider not later than 7 days after the day on
which the provider receives the notification or
the notification is made complete under
subsection (c)(2)(D)(i).
(iii) Small providers.--In the case of a
small provider, each of the timeframes
applicable under clauses (i) and (ii) shall be
increased by 48 hours.
(C) Temporary removal of alleged proscribed visual
depiction relating to a child.--
(i) In general.--If a provider files a
petition to the Board contesting a notification
solely on the basis of the reason described in
subparagraph (A)(i), the provider shall disable
public and user access to the alleged
proscribed visual depiction relating to a child
that is the subject of the notification prior
to the submission of the petition and during
the pendency of the adjudication, including
judicial review as provided in subsection
(g)(28). Such petition shall include a
statement, under the penalty of perjury, that
public and user access to the alleged
proscribed visual depiction relating to a child
has been disabled.
(ii) Effect of failure to remove.--
(I) In general.--If a provider
fails to comply with clause (i), the
Board may--
(aa) dismiss the petition
with prejudice; and
(bb) refer the matter to
the Attorney General.
(II) Effect of dismissal.--If a
provider's petition is dismissed under
clause (I)(aa), the complainant may
bring a petition under paragraph (1) as
if the provider did not file a petition
within the timeframe specified in
subparagraph (B).
(iii) Effect on timing.--The Board shall
prioritize the issuance of a determination
concerning any petition subject to this
subparagraph to the extent possible without
causing undue prejudice to any party or
interested owner.
(3) Commencement of proceeding.--
(A) In general.--In order to commence a proceeding
under this section, a petitioning party shall, subject
to such additional requirements as may be prescribed in
regulations established by the Commission, file a
petition with the Board, that includes a statement of
claims and material facts in support of each claim in
the petition. A petition may set forth more than one
claim. A petition shall also include information
establishing that it has been filed within the
applicable timeframe.
(B) Review of petitions by child online protection
attorneys.--Child Online Protection Attorneys may
review petitions to assess whether they are complete.
The Board may permit a petitioning party to refile a
defective petition. The Attorney may assist the
petitioning party in making any corrections.
(C) Dismissal.--The Board may dismiss, with or
without prejudice, any petition that fails to comply
with subparagraph (A).
(4) Service of process requirements for petitions.--
(A) In general.--For purposes of petitions under
paragraphs (1) and (2), the petitioning party shall, at
or before the time of filing a petition, serve a copy
on the other party. A corporation, partnership, or
unincorporated association that is subject to suit in
courts of general jurisdiction under a common name
shall be served by delivering a copy of the petition to
its service agent, if one has been so designated.
(B) Manner of service.--
(i) Service by nondigital means.--Service
by nondigital means may be any of the
following:
(I) Personal, including delivery to
a responsible person at the office of
counsel.
(II) By priority mail.
(III) By third-party commercial
carrier for delivery within 3 days.
(ii) Service by digital means.--Service of
a paper may be made by sending it by any
digital means, including through a provider's
designated reporting system.
(iii) When service is completed.--Service
by mail or by commercial carrier is complete 3
days after the mailing or delivery to the
carrier. Service by digital means is complete
on filing or sending, unless the party making
service is notified that the paper was not
received by the party served.
(C) Proof of service.--A petition filed under
paragraph (1) or (2) shall contain--
(i) an acknowledgment of service by the
person served;
(ii) proof of service consisting of a
statement by the person who made service
certifying--
(I) the date and manner of service;
(II) the names of the persons
served; and
(III) their mail or electronic
addresses, facsimile numbers, or the
addresses of the places of delivery, as
appropriate for the manner of service;
or
(iii) a statement indicating that service
could not reasonably be completed.
(D) Attorneys fees and costs.--Except as otherwise
provided in this subsection, all parties to a petition
shall bear their own attorney fees and costs.
(5) Service of other documents.--Documents submitted or
relied upon in a proceeding, other than the petition, shall be
served in accordance with regulations established by the
Commission.
(6) Notification of right to opt out.--In order to
effectuate service on a responding party, the petition shall
notify the responding party of their right to opt out of the
proceeding before the Board, and the consequences of opting out
and not opting out, including a prominent statement that by not
opting out the respondent--
(A) loses the opportunity to have the dispute
decided by a court created under article III of the
Constitution of the United States; and
(B) waives the right to a jury trial regarding the
dispute.
(7) Opt-out procedure.--Within 1 week of completion of
service of the petition under paragraph (4), 1 or more Officers
of the Board shall hold a conference to explain that the
responding party has a right to opt out of the proceeding
before the Board, and describe the consequences of opting out
and not opting out as described in paragraph (6). A responding
party shall have a period of 30 days, beginning on the date of
conference, in which to provide written notice of such choice
to the petitioning party and the Child Online Protection Board.
If the responding party does not submit an opt-out notice to
the Child Online Protection Board within that 30-day period,
the proceeding shall be deemed an active proceeding and the
responding party shall be bound by the determination in the
proceeding. If the responding party opts out of the proceeding
during that 30-day period, the proceeding shall be dismissed
without prejudice.
(8) Scheduling.--Upon receipt of a complete petition and at
the conclusion of the opt out procedure described in paragraph
(7), the Board shall issue a schedule for the future conduct of
the proceeding. A schedule issued by the Board may be amended
by the Board in the interests of justice.
(9) Conferences.--One or more Officers of the Board may
hold a conference to address case management or discovery
issues in a proceeding, which shall be noted upon the record of
the proceeding and may be recorded or transcribed.
(10) Party submissions.--A proceeding of the Board may not
include any formal motion practice, except that, subject to
applicable regulations and procedures of the Board--
(A) the parties to the proceeding and an interested
owner may make requests to the Board to address case
management and discovery matters, and submit responses
thereto; and
(B) the Board may request or permit parties and
interested owners to make submissions addressing
relevant questions of fact or law, or other matters,
including matters raised sua sponte by the Officers of
the Board, and offer responses thereto.
(11) Discovery.--
(A) In general.--Discovery in a proceeding shall be
limited to the production of relevant information and
documents, written interrogatories, and written
requests for admission, as provided in regulations
established by the Commission, except that--
(i) upon the request of a party, and for
good cause shown, the Board may approve
additional relevant discovery, on a limited
basis, in particular matters, and may request
specific information and documents from parties
in the proceeding, consistent with the
interests of justice;
(ii) upon the request of a party or
interested owner, and for good cause shown, the
Board may issue a protective order to limit the
disclosure of documents or testimony that
contain confidential information;
(iii) after providing notice and an
opportunity to respond, and upon good cause
shown, the Board may apply an adverse inference
with respect to disputed facts against a party
or interested owner who has failed to timely
provide discovery materials in response to a
proper request for materials that could be
relevant to such facts; and
(iv) an interested owner shall only produce
or receive discovery to the extent it relates
to whether the visual depiction at issue
constitutes a proscribed visual depiction
relating to a child.
(B) Privacy.--Any alleged proscribed visual
depiction relating to a child received by the Board or
the Commission as part of a proceeding shall be filed
under seal and shall remain in the care, custody, and
control of the Board or the Commission. For purposes of
discovery, the Board or Commission shall make the
proscribed visual depiction relating to a child
reasonably available to the parties and interested
owner but shall not provide copies. The privacy
protections described in section 3509(d) of title 18,
United States Code, shall apply to the Board,
Commission, provider, complainant, and interested
owner.
(12) Responses.--The responding party may refute any of the
claims or factual assertions made by the petitioning party, and
may also claim that the petition was not filed in the
applicable timeframe or is barred under subsection (h). If a
complainant is the petitioning party, a provider may claim in
response that the notification was incomplete and could not be
made complete under subsection (c)(2)(D)(i). The petitioning
party may refute any responses submitted by the responding
party.
(13) Interested owner.--An individual notified under
paragraph (19)(C)(ii) may, within 14 days of being so notified,
file a motion to join the proceeding for the limited purpose of
claiming that the visual depiction at issue does not constitute
a proscribed visual depiction relating to a child. The Board
shall serve the motion on both parties. Such motion shall
include a factual basis and a signed statement, submitted under
penalty of perjury, indicating that the individual produced or
created the visual depiction at issue. The Board shall dismiss
any motion that does not include the signed statement or that
was submitted by an individual who did not produce or create
the visual depiction at issue. If the motion is granted, the
interested owner may also claim that the notification and
petition were filed with an intent to harass the interested
owner. Any party may refute the claims and factual assertions
made by the interested owner.
(14) Evidence.--The Board may consider the following types
of evidence in a proceeding, and such evidence may be admitted
without application of formal rules of evidence:
(A) Documentary and other nontestimonial evidence
that is relevant to the petitions or responses in the
proceeding.
(B) Testimonial evidence, submitted under penalty
of perjury in written form or in accordance with
paragraph (15), limited to statements of the parties
and nonexpert witnesses, that is relevant to the
petitions or responses in a proceeding, except that, in
exceptional cases, expert witness testimony or other
types of testimony may be permitted by the Board for
good cause shown.
(15) Hearings.--Unless waived by all parties, the Board
shall conduct a hearing to receive oral presentations on issues
of fact or law from parties and witnesses to a proceeding,
including oral testimony, subject to the following:
(A) Any such hearing shall be attended by not fewer
than two of the Officers of the Board.
(B) The hearing shall be noted upon the record of
the proceeding and, subject to subparagraph (C), may be
recorded or transcribed as deemed necessary by the
Board.
(C) A recording or transcript of the hearing shall
be made available to any Officer of the Board who is
not in attendance.
(16) Voluntary dismissal.--
(A) By petitioning party.--Upon the written request
of a petitioning party, the Board shall dismiss the
petition, with or without prejudice.
(B) By responding party or interested owner.--Upon
written request of a responding party or interested
owner, the Board shall dismiss any responses to the
petition, and shall consider all claims and factual
assertions in the petition to be true.
(17) Factual findings.--Subject to paragraph (11)(A)(iii),
the Board shall make factual findings based upon a
preponderance of the evidence.
(18) Determinations.--
(A) Nature and contents.--A determination rendered
by the Board in a proceeding shall--
(i) be reached by a majority of the Board;
(ii) be in writing, and include an
explanation of the factual and legal basis of
the determination; and
(iii) include a clear statement of all
fines, costs, and other relief awarded.
(B) Dissent.--An Officer of the Board who dissents
from a decision contained in a determination under
subparagraph (A) may append a statement setting forth
the grounds for that dissent.
(19) Publication and disclosure.--
(A) Publication.--Each final determination of the
Board shall be made available on a publicly accessible
website, except that the final determination shall be
redacted to protect confidential information that is
the subject of a protective order under paragraph
(11)(A)(ii) or information protected pursuant to
paragraph (11)(B) and any other information protected
from public disclosure under the Federal Trade
Commission Act or any other applicable provision of
law.
(B) Freedom of information act.--All information
relating to proceedings of the Board under this section
is exempt from disclosure to the public under section
552(b)(3) of title 5, except for determinations,
records, and information published under subparagraph
(A). Any information that is disclosed under this
subparagraph shall have redacted any information that
is the subject of a protective order under paragraph
(11)(A)(ii) or protected pursuant to paragraph (11)(B).
(C) Effect of petition on non-disclosure period.--
(i) Submission of a petition extends the
non-disclosure period under subsection
(c)(2)(I) for the pendency of the proceeding.
The provider may submit an objection to the
Board that nondisclosure is contrary to the
interests of justice. The complainant may, but
is not required to, respond to the objection.
The Board should sustain the objection unless
there is reason to believe that the
circumstances in section 3486(a)(6)(B) of title
18, United States Code, exist and outweigh the
interests of justice.
(ii) If the Board sustains an objection to
the nondisclosure period, the provider or the
Board may notify the apparent owner of the
visual depiction in question about the
proceeding, and include instructions on how the
owner may move to join the proceeding under
paragraph (13).
(iii) If applicable, the nondisclosure
period expires 120 after the Board's
determination becomes final, except it shall
expire immediately upon the Board's
determination becoming final if the Board finds
that the visual depiction is not a proscribed
visual depiction relating to a minor.
(iv) The interested owner of a visual
depiction may not bring any legal action
against any party related to the proscribed
visual depiction relating to a child until the
Board's determination is final. Once the
determination is final, the owner of the visual
depiction may pursue any legal relief available
under the law, subject to subsections (h), (k),
and (l).
(20) Responding party's default.--If the Board finds that
service of the petition on the responding party could not
reasonably be completed, or the responding party has failed to
appear or has ceased participating in a proceeding, as
demonstrated by the responding party's failure, without
justifiable cause, to meet one or more deadlines or
requirements set forth in the schedule adopted by the Board,
the Board may enter a default determination, including the
dismissal of any responses asserted by the responding party, as
follows and in accordance with such other requirements as the
Commission may establish by regulation:
(A) The Board shall require the petitioning party
to submit relevant evidence and other information in
support of the petitioning party's claims and, upon
review of such evidence and any other requested
submissions from the petitioning party, shall determine
whether the materials so submitted are sufficient to
support a finding in favor of the petitioning party
under applicable law and, if so, the appropriate relief
and damages, if any, to be awarded.
(B) If the Board makes an affirmative determination
under subparagraph (A), the Board shall prepare a
proposed default determination, and shall provide
written notice to the responding party at all
addresses, including email addresses, reflected in the
records of the proceeding before the Board, of the
pendency of a default determination by the Board and of
the legal significance of such determination. Such
notice shall be accompanied by the proposed default
determination and shall provide that the responding
party has a period of 30 days, beginning on the date of
the notice, to submit any evidence or other information
in opposition to the proposed default determination.
(C) If the responding party responds to the notice
provided under subparagraph (B) within the 30-day
period provided in such subparagraph, the Board shall
consider responding party's submissions and, after
allowing the petitioning party to address such
submissions, maintain, or amend its proposed
determination as appropriate, and the resulting
determination shall not be a default determination.
(D) If the respondent fails to respond to the
notice provided under subparagraph (B), the Board shall
proceed to issue the default determination. Thereafter,
the respondent may only challenge such determination to
the extent permitted under paragraph (28).
(21) Petitioning party or interested owner's failure to
proceed.--If a petitioning party or interested owner who has
joined the proceeding fails to proceed, as demonstrated by the
failure, without justifiable cause, to meet one or more
deadlines or requirements set forth in the schedule adopted by
the Board, the Board may, upon providing written notice to the
petitioning party or interested owner and a period of 30 days,
beginning on the date of the notice, to respond to the notice,
and after considering any such response, issue a determination
dismissing the claims made by the petitioning party or
interested owner. The Board may order the petitioning party to
pay attorneys' fees and costs under paragraph (26)(B), if
appropriate. Thereafter, the petitioning party may only
challenge such determination to the extent permitted under
paragraph (28).
(22) Request for reconsideration.--A party or interested
owner may, within 30 days after the date on which the Board
issues a determination under paragraph (18), submit to the
Board a written request for reconsideration of, or an amendment
to, such determination if the party or interested owner
identifies a clear error of law or fact material to the
outcome, or a technical mistake. After providing the other
parties an opportunity to address such request, the Board shall
either deny the request or issue an amended determination.
(23) Review by commission.--If the Board denies a party or
interested owner a request for reconsideration of a
determination under paragraph (22), the party or interested
owner may, within 30 days after the date of such denial,
request review of the determination by the Commission in
accordance with regulations established by the Commission.
After providing the other party or interested owner an
opportunity to address the request, the Commission shall either
deny the request for review, or remand the proceeding to the
Board for reconsideration of issues specified in the remand and
for issuance of an amended determination. Such amended
determination shall not be subject to further consideration or
review, other than under paragraph (28).
(24) Favorable ruling on complainant petition.--
(A) In general.--If the Board grants a
complainant's petition filed under this section,
notwithstanding any other law, the Board shall--
(i) order the provider to immediately
remove the proscribed visual depiction relating
to a child, and to permanently delete all
copies of the visual depiction known to and
under the control of the provider unless the
Board orders the provider to preserve the
visual depiction;
(ii) impose a fine of $50,000 per
proscribed visual depiction relating to a child
covered by the determination, but if the Board
finds that--
(I) the provider removed the
proscribed visual depiction relating to
a child after the period set forth in
subsection (c)(1)(A)(i), but before the
complainant filed a petition, such fine
shall be $25,000;
(II) the provider has engaged in
recidivist hosting for the first time
with respect to the proscribed visual
depiction relating to a child in
question, such fine shall be $100,000
per proscribed visual depiction
relating to a child; or
(III) the provider has engaged in
recidivist hosting of the proscribed
visual depiction relating to a child in
question 2 or more times, such fine
shall be $200,000 per proscribed visual
depiction relating to a child;
(iii) order the provider to pay reasonable
costs to the complainant; and
(iv) refer any matters involving
intentional or willful conduct by a provider
with respect to a proscribed visual depiction
relating to a child, or recidivist hosting, to
the Attorney General for prosecution under any
applicable laws.
(B) Provider payment of fine and costs.--
Notwithstanding any other law, the Board shall direct a
provider to promptly pay fines and costs imposed under
subparagraph (A) as follows:
(i) If the petition was filed by a victim,
such fine and costs shall be paid to the
victim.
(ii) If the petition was filed by an
authorized representative of a victim--
(I) 30 percent of such fine shall
be paid to the authorized
representative and 70 percent of such
fine paid to the victim; and
(II) costs shall be paid to the
authorized representative.
(iii) If the petition was filed by a
qualified organization--
(I) the fine shall be paid to the
Child Pornography Victims Reserve as
provided in section 2259B of title 18,
United States Code; and
(II) costs shall be paid to the
qualified organization.
(25) Effect of denial of provider petition.--
(A) In general.--If the Board denies a provider's
petition to contest a notification filed under
paragraph (2), it shall order the provider to
immediately remove the proscribed visual depiction
relating to a child, and to permanently delete all
copies of the visual depiction known to and under the
control of the provider unless the Board orders the
provider to preserve the visual depiction.
(B) Referral for failure to remove material.--If a
provider does not remove and, if applicable,
permanently delete a proscribed visual depiction
relating to a child within 48 hours of the Board
issuing a determination under subparagraph (A), or not
later than 2 business days of the Board issuing a
determination under subparagraph (A) concerning a small
provider, the Board shall refer the matter to the
Attorney General for prosecution under any applicable
laws.
(C) Costs for frivolous petition.--If the Board
finds that a provider filed a petition under paragraph
(2) for a harassing or improper purpose or without
reasonable basis in law or fact, the Board shall order
the provider to pay the reasonable costs of the
complainant.
(26) Effect of denial of complainant's petition or
favorable ruling on provider's petition.--
(A) Restoration.--If the Board grants a provider's
petition filed under paragraph (2) or if the Board
denies a petition filed by the complainant under
paragraph (1), the provider may restore access to any
visual depiction that was at issue in the proceeding.
(B) Costs for incomplete or frivolous notification
and harassment.--If, in granting or denying a petition
as described in subparagraph (A), the Board finds that
the notification contested in the petition could not be
made complete under subsection (c)(2)(D), is frivolous,
or is duplicative under subsection (c)(2)(C)(i), the
Board may order the complainant to pay costs to the
provider and any interested owner, which shall not
exceed a total of $10,000, or, if the Board finds that
the complainant filed the notification with an intent
to harass the provider or any person, a total of
$15,000.
(27) Civil action; other relief.--
(A) In general.--Whenever any provider or
complainant fails to comply with a final determination
of the Board issued under paragraph (18), the
Department of Justice may commence a civil action in a
district court of the United States to enforce
compliance with such determination.
(B) Savings clause.--Nothing in this section shall
be construed to limit the authority of the Commission
or Department of Justice under any other provision of
law.
(28) Challenges to the determination.--
(A) Bases for challenge.--Not later than 45 days
after the date on which the Board issues a
determination or amended determination in a proceeding,
or not later than 45 days after the date on which the
Board completes any process of reconsideration or the
Commission completes a review of the determination,
whichever occurs later, a party may seek an order from
a district court, located where the provider or
complainant conducts business or resides, vacating,
modifying, or correcting the determination of the Board
in the following cases:
(i) If the determination was issued as a
result of fraud, corruption, misrepresentation,
or other misconduct.
(ii) If the Board exceeded its authority or
failed to render a determination concerning the
subject matter at issue.
(iii) In the case of a default
determination or determination based on a
failure to prosecute, if it is established that
the default or failure was due to excusable
neglect.
(B) Procedure to challenge.--
(i) Notice of application.--Notice of the
application to challenge a determination of the
Board shall be provided to all parties to the
proceeding before the Board, in accordance with
the procedures applicable to service of a
motion in the court where the application is
made.
(ii) Staying of proceedings.--For purposes
of an application under this paragraph, any
judge who is authorized to issue an order to
stay the proceedings in an any other action
brought in the same court may issue an order,
to be served with the notice of application,
staying proceedings to enforce the award while
the challenge is pending.
(29) Final determination.--A determination of the Board
shall be final on the date that all opportunities for a party
or interested owner to seek reconsideration or review of a
determination under paragraph (22) or (23), or for a party to
challenge the determination under paragraph (28), have expired
or are exhausted.
(h) Effect of Proceeding.--
(1) Subsequent proceedings.--The issuance of a final
determination by the Board shall preclude the filing by any
party of any subsequent petition that is based on the
notification at issue in the final determination. This
paragraph shall not limit the ability of any party to file a
subsequent petition based on any other notification.
(2) Determination.--Except as provided in paragraph (1),
the issuance of a final determination by the Board, including a
default determination or determination based on a failure to
prosecute, shall not preclude relitigation of any factual
matter in any subsequent legal action or proceeding before any
court, tribunal, or the Board, and any determination of the
Board may not be cited or relied upon as legal precedent in any
such legal action or proceeding except that--
(A) no party or interested owner may relitigate any
allegation, factual claim, or response that was
properly asserted and considered by the Board in any
subsequent proceeding before the Board involving the
same parties or interested owner and the same
proscribed visual depiction relating to a minor; and
(B) a finding by the Board that a visual depiction
constitutes a proscribed visual depiction relating to a
child may not be relitigated in any civil proceeding
brought by an interested owner.
(3) Other materials in proceeding.--A submission or
statement of a party, interested owner, or witness made in
connection with a proceeding before the Board, including a
proceeding that is dismissed, may not serve as the basis of any
action or proceeding before any court or tribunal except for
any legal action related to perjury or for conduct described in
subsection (k)(2). A statement of a party, interested owner, or
witness may be received as evidence, in accordance with
applicable rules, in any subsequent legal action or proceeding
before any court, tribunal, or the Board.
(4) Failure to assert response.--Except as provided in
paragraph (1), the failure or inability to assert any
allegation, factual claim, or response in a proceeding before
the Board shall not preclude the assertion of that response in
any subsequent legal action or proceeding before any court,
tribunal, or the Board.
(i) Administration.--The Commission may issue regulations in
accordance with section 553 of title 5, United States Code, to
implement this section.
(j) Study.--
(1) In general.--Not later than 3 years after the date on
which Child Online Protection Board issues the first
determination under this section, the Commission shall conduct,
and report to Congress on, a study that addresses the
following:
(A) The use and efficacy of the Child Online
Protection Board in expediting the removal of
proscribed visual depictions relating to children and
resolving disputes concerning said visual depictions,
including the number of proceedings the Child Online
Protection Board could reasonably administer with
current allocated resources.
(B) Whether adjustments to the authority of the
Child Online Protection Board are necessary or
advisable, including with respect to permissible
claims, responses, fines, costs, and joinder by
interested parties;
(C) Whether the Child Online Protection Board
should be permitted to expire, be extended, or be
expanded.
(D) Such other matters as the Commission believes
may be pertinent concerning the Child Online Protection
Board.
(2) Consultation.--In conducting the study and completing
the report required under paragraph (1), the Commission shall,
to the extent feasible, consult with complainants, victims, and
providers to include their views on the matters addressed in
the study and report.
(k) Limited Liability.--
(1) In general.--Except as provided in paragraph (2), a
civil claim or criminal charge against the Board, a provider, a
complainant, interested owner, or representative under
subsection (f)(4), for distributing, receiving, accessing, or
possessing a proscribed visual depiction relating to a child
for the sole and exclusive purpose of complying with the
requirements of this section, or for the sole and exclusive
purpose of seeking or providing legal advice in order to comply
with this section, may not be brought in any Federal or State
court.
(2) Intentional, reckless, or other misconduct.--Paragraph
(1) shall not apply to a claim against the Board, a provider, a
complainant, interested owner, or representative under
subsection (f)(4)--
(A) for any conduct unrelated to compliance with
the requirements of this section;
(B) if the Board, provider, complainant, interested
owner, or representative under subsection (f)(4) (as
applicable)--
(i) engaged in intentional misconduct; or
(ii) acted, or failed to act--
(I) with actual malice; or
(II) with reckless disregard to a
substantial risk of causing physical
injury without legal justification; or
(C) in the case of a claim against a complainant,
if the complainant falsely claims to be a victim, an
authorized representative of a victim, or a qualified
organization.
(3) Minimizing access.--The Board, a provider, a
complainant, an interested owner, or a representative under
subsection (f)(4) shall--
(A) minimize the number of individuals that are
provided access to any alleged, contested, or actual
proscribed visual depictions relating to a child under
this section;
(B) ensure that any alleged, contested, or actual
proscribed visual depictions relating to a child are
transmitted and stored in a secure manner and are not
distributed to or accessed by any individual other than
as needed to implement this section; and
(C) ensure that all copies of any proscribed visual
depictions relating to a child are permanently deleted
upon a request from the Board, Commission, or the
Federal Bureau of Investigation.
(l) Provider Immunity From Claims Based on Removal of Visual
Depiction.--A provider shall not be liable to any person for any claim
based on the provider's good faith removal of any alleged proscribed
visual depiction relating to a child pursuant to a notification under
this section, regardless of whether the visual depiction is found to be
a proscribed visual depiction relating to a child by the Board.
(m) Continued Applicability of Federal, State, and Tribal Law.--
(1) In general.--This Act shall not be construed to impair,
supersede, or limit a provision of Federal, State, or Tribal
law.
(2) No preemption.--Nothing in this Act shall prohibit a
State or Tribal government from adopting and enforcing a
provision of law governing child sex abuse material that is at
least as protective of the rights of a victim as this section.
(n) Discovery.--Nothing in this Act affects discovery, a subpoena
or any other court order, or any other judicial process otherwise in
accordance with Federal or State law.
(o) Rule of Construction.--Nothing in this section shall be
construed to relieve a provider from any obligation imposed on the
provider under section 2258A of title 18, United States Code.
(p) Funding.--There are authorized to be appropriated such sums as
may be necessary to pay the costs incurred by the Commission under this
section, including the costs of establishing and maintaining the Board
and its facilities.
(q) Sunset.--Except for subsections (a), (h), (k), (l), (m), (n),
(o), and (r), this section shall expire 5 years after the date on which
the Child Online Protection Board issues its first determination under
this section.
(r) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Child Online
Protection Board established under subsection (e).
(2) Child sexual abuse material.--The term ``child sexual
abuse material'' has the meaning provided in section 2256(8) of
title 18, United States Code.
(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(4) Complainant.--The term ``complainant'' means--
(A) the victim appearing in the proscribed visual
depiction relating to a child;
(B) an authorized representative of the victim
appearing in the proscribed visual depiction relating
to a child; or
(C) a qualified organization.
(5) Designated reporting system.--The term ``designated
reporting system'' means a digital means of submitting a
notification to a provider under this subsection that is
publicly and prominently available, easily accessible, and easy
to use.
(6) Host.--The term ``host'' means to store or make a
visual depiction available or accessible to the public or any
users through digital means or on a system or network
controlled or operated by or for a provider.
(7) Identifiable person.--The term ``identifiable person''
means a person who is recognizable as an actual person by the
person's face, likeness, or other distinguishing
characteristic, such as a unique birthmark or other
recognizable feature.
(8) Interested owner.--The term ``interested owner'' means
an individual who has joined a proceeding before the Board
under subsection (g)(13).
(9) Party.--The term ``party'' means the complainant or
provider.
(10) Proscribed visual depiction relating to a child.--The
term ``proscribed visual depiction relating to a child'' means
child sexual abuse material or a related exploitative visual
depiction.
(11) Provider.--The term ``provider'' means a provider of
an interactive computer service, as that term is defined in
section 230 of the Communications Act of 1934 (47 U.S.C. 230),
and for purposes of subsections (k) and (l), includes any
director, officer, employee, or agent of such provider.
(12) Qualified organization.--The term ``qualified
organization'' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 that is exempt
from tax under section 501(a) of that Code that works to
address child sexual abuse material and to support victims of
child sexual abuse material.
(13) Recidivist hosting.--The term ``recidivist hosting''
means, with respect to a provider, that the provider removes a
proscribed visual depiction relating to a child pursuant to a
notification or determination under this subsection, and then
subsequently hosts a visual depiction that has the same hash
value or other technical identifier as the visual depiction
that had been so removed.
(14) Related exploitive visual depiction.--The term
``related exploitive visual depiction'' means a visual
depiction of an identifiable person of any age where the visual
depiction does not constitute child sexual abuse material but
is published and associated with child sexual abuse material
depicting that person.
(15) Small provider.--The term ``small provider'' means a
provider that, for the most recent calendar year, averaged less
than 10,000,000 active users on a monthly basis in the United
States.
(16) Victim.--
(A) In general.--The term ``victim'' means an
individual of any age who is depicted in child sexual
abuse material while under 18 years of age.
(B) Assumption of rights.--In the case of a victim
who is under 18 years of age, incompetent,
incapacitated, or deceased, the legal guardian of the
victim or representative of the victim's estate,
another family member, or any other person appointed as
suitable by a court, may assume the victim's rights to
submit a notification or file a petition under this
section, but in no event shall an individual who
produced or conspired to produce the child sexual abuse
material depicting the victim be named as such
representative or guardian.
(17) Visual depiction.--The term ``visual depiction'' has
the meaning provided in section 2256(5) of title 18, United
States Code.
SEC. 8. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act
and the amendments made by this Act, and the application of the
provision or amendment to any other person or circumstance, shall not
be affected.
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