[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1207 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1207
To establish a National Commission on Online Child Sexual Exploitation
Prevention, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Graham (for himself, Mr. Blumenthal, Mr. Grassley, Mr. Durbin, Mrs.
Hyde-Smith, Mrs. Feinstein, Mr. Hawley, Ms. Cortez Masto, Mr. Tillis,
Ms. Hassan, Ms. Ernst, Mr. Warner, Ms. Murkowski, Mr. Whitehouse, Ms.
Collins, Ms. Hirono, Mr. Cruz, Mr. Rubio, Mr. Cornyn, Mr. Kennedy, and
Mrs. Blackburn) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish a National Commission on Online Child Sexual Exploitation
Prevention, and for other purposes.
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 ``Eliminating Abusive and Rampant
Neglect of Interactive Technologies Act of 2023'' or the ``EARN IT Act
of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the National
Commission on Online Child Sexual Exploitation Prevention.
(2) Interactive computer service.--The term ``interactive
computer service'' has the meaning given the term in section
230(f)(2) of the Communications Act of 1934 (47 U.S.C.
230(f)(2)).
SEC. 3. NATIONAL COMMISSION ON ONLINE CHILD SEXUAL EXPLOITATION
PREVENTION.
(a) Establishment.--There is established a National Commission on
Online Child Sexual Exploitation Prevention.
(b) Purpose.--The purpose of the Commission is to develop
recommended best practices that providers of interactive computer
services may choose to implement to prevent, reduce, and respond to the
online sexual exploitation of children, including the enticement, sex
trafficking, and sexual abuse of children and the proliferation of
online child sexual abuse material.
(c) Membership.--
(1) Composition.--
(A) In general.--The Commission shall be composed
of 19 members.
(B) Agency heads.--The following Federal officials
shall serve as members of the Commission:
(i) The Attorney General or his or her
representative.
(ii) The Secretary of Homeland Security or
his or her representative.
(iii) The Chairman of the Federal Trade
Commission or his or her representative.
(C) Other members.--Of the remaining 16 members of
the Commission--
(i) 4 shall be appointed by the majority
leader of the Senate, of whom--
(I) 1 shall have the qualifications
required under clause (i) or (ii) of
paragraph (2)(A);
(II) 1 shall have the
qualifications required under paragraph
(2)(B);
(III) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(C); and
(IV) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(D);
(ii) 4 shall be appointed by the minority
leader of the Senate, of whom--
(I) 1 shall have the qualifications
required under clause (i) or (ii) of
paragraph (2)(A);
(II) 1 shall have the
qualifications required under paragraph
(2)(B);
(III) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(C); and
(IV) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(D);
(iii) 4 shall be appointed by the Speaker
of the House of Representatives, of whom--
(I) 1 shall have the qualifications
required under clause (i) or (ii) of
paragraph (2)(A);
(II) 1 shall have the
qualifications required under paragraph
(2)(B);
(III) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(C); and
(IV) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(D); and
(iv) 4 shall be appointed by the minority
leader of the House of Representatives, of
whom--
(I) 1 shall have the qualifications
required under clause (i) or (ii) of
paragraph (2)(A);
(II) 1 shall have the
qualifications required under paragraph
(2)(B);
(III) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(C); and
(IV) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(D).
(2) Qualifications.--Of the 16 members of the Commission
appointed under paragraph (1)(C)--
(A) 4 shall have current experience in
investigating online child sexual exploitation crimes,
of whom--
(i) 2 shall have such experience in a law
enforcement capacity; and
(ii) 2 shall have such experience in a
prosecutorial capacity;
(B) 4 shall be survivors of online child sexual
exploitation, or have current experience in providing
services for victims of online child sexual
exploitation in a non-governmental capacity;
(C)(i) 2 shall have current experience in matters
related to consumer protection, civil liberties, civil
rights, or privacy; and
(ii) 2 shall have current experience in computer
science or software engineering related to matters of
cryptography, data security, or artificial intelligence
in a non-governmental capacity; and
(D) 4 shall be individuals who each currently work
for an interactive computer service that is unrelated
to each other interactive computer service represented
under this subparagraph, representing diverse types of
businesses and areas of professional expertise, of
whom--
(i) 2 shall have current experience in
addressing online child sexual exploitation and
promoting child safety at an interactive
computer service with not less than 30,000,000
monthly users in the United States; and
(ii) 2 shall have current experience in
addressing online child sexual exploitation and
promoting child safety at an interactive
computer service with less than 10,000,000
monthly users in the United States.
(3) Date.--The initial appointments of members to the
Commission under paragraph (1)(C) shall be made not later than
90 days after the date of enactment of this Act.
(d) Period of Appointment; Vacancies.--
(1) Period of appointment.--A member of the Commission
shall be appointed for a term of 5 years.
(2) Vacancies.--
(A) Effect on commission.--Any vacancy in the
Commission shall not affect the powers of the
Commission.
(B) Filling of vacancies.--A vacancy in the
Commission shall be filled in the same manner as the
original appointment under subsection (c)(1).
(e) Initial Meeting.--The Commission shall hold the first meeting
of the Commission not later than 60 days after the date on which a
majority of the members of the Commission have been appointed.
(f) Chairperson.--The Attorney General or his or her representative
shall serve as the Chairperson of the Commission.
(g) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold a meeting.
(h) Meetings.--The Commission shall meet at the call of the
Chairperson.
(i) Authority of Commission.--The Commission may, for the purpose
of carrying out this section and section 4, hold such hearings, sit and
act at such times and places, take such testimony, and receive such
evidence as the Commission considers appropriate.
(j) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from
any Federal department or agency such information as the
Commission considers necessary to carry out this section and
section 4.
(2) Furnishing information.--Upon request of the
Chairperson of the Commission for information under paragraph
(1), the head of a Federal department or agency shall furnish
the information to the Commission, unless the information is
subject to an active investigation or otherwise privileged or
confidential.
(k) Travel Expenses.--A member of the Commission shall serve
without compensation, but shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular places of business of the
member in the performance of services for the Commission.
(l) Duration.--Section 1013 of title 5, United States Code, shall
not apply to the Commission.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Recommended Best Practices.--
(1) Initial recommendations.--
(A) In general.--Not later than 18 months after the
date on which a majority of the members of the
Commission required to be appointed under section
3(c)(1)(C) have been so appointed, the Commission shall
develop and submit to the Attorney General recommended
best practices that providers of interactive computer
services may choose to engage in to prevent, reduce,
and respond to the online sexual exploitation of
children, including the enticement, sex trafficking,
and sexual abuse of children and the proliferation of
online child sexual abuse material.
(B) Requirements.--
(i) Alternative best practices.--The best
practices required to be developed and
submitted under subparagraph (A) shall include
alternatives that take into consideration--
(I) the size, type of product, and
business model of a provider of an
interactive computer service;
(II) whether an interactive
computer service--
(aa) is made available to
the public;
(bb) is primarily
responsible for hosting,
storage, display, and retrieval
of information on behalf of
third parties, including
providers of other interactive
computer services; or
(cc) provides the
capability to transmit data to
and receive data from all or
substantially all internet
endpoints on behalf of a
consumer; and
(III) whether a type of product,
business model, product design, or
other factors related to the provision
of an interactive computer service
could make a product or service
susceptible to the use and facilitation
of online child sexual exploitation.
(ii) Scope.--Notwithstanding paragraph (3),
the alternatives described in clause (i) of
this subparagraph may exclude certain matters
required to be addressed under paragraph (3),
as the Commission determines appropriate based
on the nature of particular products or
services, the factors described in such clause
(i), or other factors relevant to the purposes
of this Act.
(2) Support requirement.--The Commission may only recommend
the best practices under paragraph (1) if not fewer than 14
members of the Commission support the best practices.
(3) Matters addressed.--The matters addressed by the
recommended best practices developed and submitted by the
Commission under paragraph (1) shall include--
(A) preventing, identifying, disrupting, and
reporting online child sexual exploitation;
(B) coordinating with non-profit organizations and
other providers of interactive computer services to
preserve, remove from view, and report online child
sexual exploitation;
(C) retaining child sexual exploitation content and
related user identification and location data;
(D) receiving and triaging reports of online child
sexual exploitation by users of interactive computer
services, including self-reporting;
(E) implementing a standard rating and
categorization system to identify the type and severity
of child sexual abuse material;
(F) training and supporting content moderators who
review child sexual exploitation content for the
purposes of preventing and disrupting online child
sexual exploitation;
(G) preparing and issuing transparency reports,
including disclosures in terms of service, relating to
identifying, categorizing, and reporting online child
sexual exploitation and efforts to prevent and disrupt
online child sexual exploitation;
(H) coordinating with voluntary initiatives offered
among and to providers of interactive computer services
relating to identifying, categorizing, and reporting
online child sexual exploitation;
(I) employing age rating and age gating systems to
reduce online child sexual exploitation;
(J) offering parental control products that enable
customers to limit the types of websites, social media
platforms, and internet content that are accessible to
children; and
(K) contractual and operational practices to ensure
third parties, contractors, and affiliates comply with
the best practices.
(4) Relevant considerations.--In developing best practices
under paragraph (1), the Commission shall consider--
(A) the cost and technical limitations of
implementing the best practices;
(B) the impact on competition, product and service
quality, data security, and privacy;
(C) the impact on the ability of law enforcement
agencies to investigate and prosecute child sexual
exploitation and rescue victims; and
(D) the current state of technology.
(5) Periodic updates.--Not less frequently than once every
5 years, the Commission shall update and resubmit to the
Attorney General recommended best practices under paragraph
(1).
(b) Publication of Best Practices.--Not later than 30 days after
the date on which the Commission submits recommended best practices
under subsection (a), including updated recommended best practices
under paragraph (5) of that subsection, the Attorney General shall
publish the recommended best practices on the website of the Department
of Justice and in the Federal Register.
SEC. 5. PROTECTING VICTIMS OF ONLINE CHILD SEXUAL ABUSE.
Section 230(e) of the Communications Act of 1934 (47 U.S.C. 230(e))
is amended by adding at the end the following:
``(6) No effect on child sexual exploitation law.--Nothing
in this section (other than subsection (c)(2)(A)) shall be
construed to impair or limit--
``(A) any claim in a civil action brought against a
provider of an interactive computer service under
section 2255 of title 18, United States Code, if the
conduct underlying the claim constitutes a violation of
section 2252 or section 2252A of that title;
``(B) any charge in a criminal prosecution brought
against a provider of an interactive computer service
under State law regarding the advertisement, promotion,
presentation, distribution, or solicitation of child
sexual abuse material, as defined in section 2256(8) of
title 18, United States Code; or
``(C) any claim in a civil action brought against a
provider of an interactive computer service under State
law regarding the advertisement, promotion,
presentation, distribution, or solicitation of child
sexual abuse material, as defined in section 2256(8) of
title 18, United States Code.
``(7) Encryption technologies.--
``(A) In general.--Notwithstanding paragraph (6),
none of the following actions or circumstances shall
serve as an independent basis for liability of a
provider of an interactive computer service for a claim
or charge described in that paragraph:
``(i) The provider utilizes full end-to-end
encrypted messaging services, device
encryption, or other encryption services.
``(ii) The provider does not possess the
information necessary to decrypt a
communication.
``(iii) The provider fails to take an
action that would otherwise undermine the
ability of the provider to offer full end-to-
end encrypted messaging services, device
encryption, or other encryption services.
``(B) Consideration of evidence.--Nothing in
subparagraph (A) shall be construed to prohibit a court
from considering evidence of actions or circumstances
described in that subparagraph if the evidence is
otherwise admissible.''.
SEC. 6. USE OF TERM ``CHILD SEXUAL ABUSE MATERIAL''.
(a) Sense of Congress.--It is the sense of Congress that the term
``child sexual abuse material'' has the same legal meaning as the term
``child pornography'', as that term was used in Federal statutes and
case law before the date of enactment of this Act.
(b) Amendments.--
(1) Title 5, united states code.--Chapter 65 of title 5,
United States Code, is amended--
(A) in section 6502(a)(2)(B), by striking ``child
pornography'' and inserting ``child sexual abuse
material''; and
(B) in section 6504(c)(2)(F), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(2) Homeland security act of 2002.--The Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(A) in section 307(b)(3)(D) (6 U.S.C.
187(b)(3)(D)), by striking ``child pornography'' and
inserting ``child sexual abuse material''; and
(B) in section 890A (6 U.S.C. 473)--
(i) in subsection (b)(2)(A)(ii), by
striking ``child pornography'' and inserting
``child sexual abuse material''; and
(ii) in subsection (e)(3)(B)(ii), by
striking ``child pornography'' and inserting
``child sexual abuse material''.
(3) Immigration and nationality act.--Section 101(a)(43)(I)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)(I)) is amended by striking ``child pornography''
and inserting ``child sexual abuse material''.
(4) Small business jobs act of 2010.--Section 3011(c) of
the Small Business Jobs Act of 2010 (12 U.S.C. 5710(c)) is
amended by striking ``child pornography'' and inserting ``child
sexual abuse material''.
(5) Broadband data improvement act.--Section 214(a)(2) of
the Broadband Data Improvement Act (15 U.S.C. 6554(a)(2)) is
amended by striking ``child pornography'' and inserting ``child
sexual abuse material''.
(6) CAN-SPAM act of 2003.--Section 4(b)(2)(B) of the CAN-
SPAM Act of 2003 (15 U.S.C. 7703(b)(2)(B)) is amended by
striking ``child pornography'' and inserting ``child sexual
abuse material''.
(7) Title 18, united states code.--Title 18, United States
Code, is amended--
(A) in section 1956(c)(7)(D), by striking ``child
pornography'' each place the term appears and inserting
``child sexual abuse material'';
(B) in chapter 110--
(i) in section 2251(e), by striking ``child
pornography'' and inserting ``child sexual
abuse material'';
(ii) in section 2252(b)--
(I) in paragraph (1), by striking
``child pornography'' and inserting
``child sexual abuse material''; and
(II) in paragraph (2), by striking
``child pornography'' and inserting
``child sexual abuse material'';
(iii) in section 2252A--
(I) in the section heading, by
striking ``material constituting or
containing child pornography'' and
inserting ``child sexual abuse
material'';
(II) in subsection (a)--
(aa) in paragraph (1), by
striking ``child pornography''
and inserting ``child sexual
abuse material'';
(bb) in paragraph (2)--
(AA) in
subparagraph (A), by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material''; and
(BB) in
subparagraph (B), by
striking ``material
that contains child
pornography'' and
inserting ``child
sexual abuse
material'';
(cc) in paragraph (3)(A),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(dd) in paragraph (4)--
(AA) in
subparagraph (A), by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material''; and
(BB) in
subparagraph (B), by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material'';
(ee) in paragraph (5)--
(AA) in
subparagraph (A), by
striking ``material
that contains an image
of child pornography''
and inserting ``item
containing child sexual
abuse material''; and
(BB) in
subparagraph (B), by
striking ``material
that contains an image
of child pornography''
and inserting ``item
containing child sexual
abuse material''; and
(ff) in paragraph (7)--
(AA) by striking
``child pornography''
and inserting ``child
sexual abuse
material''; and
(BB) by striking
the period at the end
and inserting a comma;
(III) in subsection (b)--
(aa) in paragraph (1), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(bb) in paragraph (2), by
striking ``child pornography''
each place the term appears and
inserting ``child sexual abuse
material'';
(IV) in subsection (c)--
(aa) in paragraph (1)(A),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(bb) in paragraph (2), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(cc) in the undesignated
matter following paragraph (2),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(V) in subsection (d)(1), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(VI) in subsection (e), by striking
``child pornography'' each place the
term appears and inserting ``child
sexual abuse material'';
(iv) in section 2256(8)--
(I) by striking ``child
pornography'' and inserting ``child
sexual abuse material''; and
(II) by striking the period at the
end and inserting a semicolon;
(v) in section 2257A(h)--
(I) in paragraph (1)(A)(iii)--
(aa) by inserting a comma
after ``marketed'';
(bb) by striking ``such
than'' and inserting ``such
that''; and
(cc) by striking ``a visual
depiction that is child
pornography'' and inserting
``child sexual abuse
material''; and
(II) in paragraph (2), by striking
``any visual depiction that is child
pornography'' and inserting ``child
sexual abuse material'';
(vi) in section 2258A--
(I) in subsection (a)(2)--
(aa) in subparagraph (A),
by striking ``child
pornography'' and inserting
``child sexual abuse
material''; and
(bb) in subparagraph (B),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(II) in subsection (b)--
(aa) in paragraph (4)--
(AA) in the
paragraph heading, by
striking ``Visual
depictions of apparent
child pornography'' and
inserting ``Apparent
child sexual abuse
material''; and
(BB) by striking
``visual depiction of
apparent child
pornography'' and
inserting ``apparent
child sexual abuse
material''; and
(bb) in paragraph (5), by
striking ``visual depiction of
apparent child pornography''
and inserting ``apparent child
sexual abuse material''; and
(III) in subsection (g)(2)(B), by
striking ``visual depictions of
apparent child pornography'' and
inserting ``apparent child sexual abuse
material'';
(vii) in section 2258C--
(I) in the section heading, by
striking ``Use to combat child
pornography of technical elements
relating to reports made to the
CyberTipline'' and inserting ``Use of
technical elements from reports made to
the CyberTipline to combat child sexual
abuse material'';
(II) in subsection (a)--
(aa) in paragraph (2), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(bb) in paragraph (3), by
striking ``the actual visual
depictions of apparent child
pornography'' and inserting
``any apparent child sexual
abuse material'';
(III) in subsection (d), by
striking ``child pornography visual
depiction'' and inserting ``child
sexual abuse material visual
depiction''; and
(IV) in subsection (e), by striking
``child pornography visual depiction''
and inserting ``child sexual abuse
material visual depiction'';
(viii) in section 2259--
(I) in paragraph (b)(2)--
(aa) in the paragraph
heading, by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(bb) in the matter
preceding subparagraph (A), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(cc) in subparagraph (A),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(II) in subsection (c)--
(aa) in paragraph (1)--
(AA) in the
paragraph heading, by
striking ``Child
pornography
production'' and
inserting ``Production
of child sexual abuse
material'';
(BB) by striking
``child pornography
production'' and
inserting ``production
of child sexual abuse
material''; and
(CC) by striking
``production of child
pornography'' and
inserting ``production
of child sexual abuse
material'';
(bb) in paragraph (2), in
the matter preceding
subparagraph (A), by striking
``trafficking in child
pornography offenses'' each
place the term appears and
inserting ``offenses for
trafficking in child sexual
abuse material''; and
(cc) in paragraph (3)--
(AA) in the
paragraph heading, by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material''; and
(BB) by striking
``child pornography''
and inserting ``child
sexual abuse
material''; and
(III) in subsection (d)(1)--
(aa) in subparagraph (A)--
(AA) by striking
``child pornography''
each place the term
appears and inserting
``child sexual abuse
material''; and
(BB) by striking
``Child Pornography
Victims Reserve'' and
inserting ``Reserve for
Victims of Child Sexual
Abuse Material'';
(bb) in subparagraph (B),
by striking ``child
pornography'' and inserting
``child sexual abuse
material''; and
(cc) in subparagraph (C)--
(AA) by striking
``child pornography''
and inserting ``child
sexual abuse
material''; and
(BB) by striking
``Child Pornography
Victims Reserve'' and
inserting ``Reserve for
Victims of Child Sexual
Abuse Material'';
(ix) in section 2259A--
(I) in the section heading, by
striking ``child pornography cases''
and inserting ``cases involving child
sexual abuse material'';
(II) in subsection (a)--
(aa) in paragraph (2), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(bb) in paragraph (3), by
striking ``a child pornography
production offense'' and
inserting ``an offense for
production of child sexual
abuse material''; and
(III) in subsection (d)(2)(B), by
striking ``child pornography production
or trafficking offense that the
defendant committed'' and inserting
``offense for production of child
sexual abuse material or trafficking in
child sexual abuse material committed
by the defendant''; and
(x) in section 2259B--
(I) in the section heading, by
striking ``Child pornography victims
reserve'' and inserting ``Reserve for
child sexual abuse material'';
(II) in subsection (a), by striking
``Child Pornography Victims Reserve''
each place the term appears and
inserting ``Reserve for Victims of
Child Sexual Abuse Material'';
(III) in subsection (b), by
striking ``Child Pornography Victims
Reserve'' each place the term appears
and inserting ``Reserve for Victims of
Child Sexual Abuse Material''; and
(IV) in subsection (c), by striking
``Child Pornography Victims Reserve''
and inserting ``Reserve for Victims of
Child Sexual Abuse Material'';
(C) in chapter 117--
(i) in section 2423(f)(3), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(ii) in section 2427--
(I) in the section heading, by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(II) by striking ``child
pornography'' and inserting ``child
sexual abuse material'';
(D) in section 2516--
(i) in paragraph (1)(c), by striking
``material constituting or containing child
pornography'' and inserting ``child sexual
abuse material''; and
(ii) in paragraph (2), by striking ``child
pornography production'' and inserting
``production of child sexual abuse material'';
(E) in section 3014(h)(3), by striking ``child
pornography victims'' and inserting ``victims of child
sexual abuse material'';
(F) in section 3509--
(i) in subsection (a)(6), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(ii) in subsection (m)--
(I) in the subsection heading, by
striking ``Child Pornography'' and
inserting ``Child Sexual Abuse
Material'';
(II) in paragraph (1), by striking
``property or material that constitutes
child pornography (as defined by
section 2256 of this title)'' and
inserting ``child sexual abuse material
(as defined by section 2256 of this
title), or property or items containing
such material,'';
(III) in paragraph (2)--
(aa) in subparagraph (A)--
(AA) by striking
``property or material
that constitutes child
pornography (as defined
by section 2256 of this
title)'' and inserting
``child sexual abuse
material (as defined by
section 2256 of this
title), or property or
items containing such
material,''; and
(BB) by striking
``the property or
material'' and
inserting ``the child
sexual abuse material,
property, or items'';
and
(bb) in subparagraph (B),
by striking ``property or
material'' each place the term
appears and inserting ``child
sexual abuse material,
property, or items''; and
(IV) in paragraph (3)--
(aa) by striking ``property
or material that constitutes
child pornography, as defined
under section 2256(8)'' and
inserting ``child sexual abuse
material (as defined by section
2256 of this title)'';
(bb) by striking ``such
child pornography'' and
inserting ``such child sexual
abuse material''; and
(cc) by striking ``Such
property or material'' and
inserting ``Such child sexual
abuse material''; and
(G) in section 3632(d)(4)(D)(xlii), by striking
``material constituting or containing child
pornography'' and inserting ``child sexual abuse
material''.
(8) Tariff act of 1930.--Section 583(a)(2)(B) of the Tariff
Act of 1930 (19 U.S.C. 1583(a)(2)(B)) is amended by striking
``child pornography'' and inserting ``child sexual abuse
material''.
(9) Elementary and secondary education act of 1965.--
Section 4121 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7131) is amended--
(A) in subsection (a)--
(i) in paragraph (1)(A)(ii), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(ii) in paragraph (2)(A)(ii), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(B) in subsection (e)(5)--
(i) in the paragraph heading, by striking
``Child pornography'' and inserting ``Child
sexual abuse material''; and
(ii) by striking ``child pornography'' and
inserting ``child sexual abuse material''.
(10) Museum and library services act.--Section 224(f) of
the Museum and Library Services Act (20 U.S.C. 9134(f)) is
amended--
(A) in paragraph (1)--
(i) in subparagraph (A)(i)(II), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(ii) in subparagraph (B)(i)(II), by
striking ``child pornography'' and inserting
``child sexual abuse material''; and
(B) in paragraph (7)(A)--
(i) in the subparagraph heading, by
striking ``Child pornography'' and inserting
``Child sexual abuse material''; and
(ii) by striking ``child pornography'' and
inserting ``child sexual abuse material''.
(11) Omnibus crime control and safe streets act of 1968.--
Section 3031(b)(3) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10721(b)(3)) is amended by
striking ``child pornography'' and inserting ``child sexual
abuse material''.
(12) Juvenile justice and delinquency prevention act of
1974.--Section 404(b)(1)(K) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K))
is amended--
(A) in clause (i)(I)(aa), by striking ``child
pornography'' and inserting ``child sexual abuse
material''; and
(B) in clause (ii), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(13) Victims of crime act of 1984.--Section 1402(d)(6)(A)
of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)(6)(A))
is amended by striking ``Child Pornography Victims Reserve''
and inserting ``Reserve for Victims of Child Sexual Abuse
Material''.
(14) Victims of child abuse act of 1990.--The Victims of
Child Abuse Act of 1990 (34 U.S.C. 20301 et seq.) is amended--
(A) in section 212(4) (34 U.S.C. 20302(4)), by
striking ``child pornography'' and inserting ``child
sexual abuse material'';
(B) in section 214(b) (34 U.S.C. 20304(b))--
(i) in the subsection heading, by striking
``Child Pornography'' and inserting ``Child
Sexual Abuse Material''; and
(ii) by striking ``child pornography'' and
inserting ``child sexual abuse material''; and
(C) in section 226(c)(6) (34 U.S.C. 20341(c)(6)),
by striking ``child pornography'' and inserting ``child
sexual abuse material''.
(15) Sex offender registration and notification act.--
Section 111 of the Sex Offender Registration and Notification
Act (34 U.S.C. 20911) is amended--
(A) in paragraph (3)(B)(iii), by striking ``child
pornography'' and inserting ``child sexual abuse
material''; and
(B) in paragraph (7)(G), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(16) Adam walsh child protection and safety act of 2006.--
Section 143(b)(3) of the Adam Walsh Child Protection and Safety
Act of 2006 (34 U.S.C. 20942(b)(3)) is amended by striking
``child pornography and enticement cases'' and inserting
``cases involving child sexual abuse material and enticement of
children''.
(17) PROTECT our children act of 2008.--The PROTECT Our
Children Act of 2008 (34 U.S.C. 21101 et seq.) is amended--
(A) in section 101(c) (34 U.S.C. 21111(c))--
(i) in paragraph (16)--
(I) in the matter preceding
subparagraph (A), by striking ``child
pornography trafficking'' and inserting
``trafficking in child sexual abuse
material'';
(II) in subparagraph (A), by
striking ``child pornography'' and
inserting ``child sexual abuse
material'';
(III) in subparagraph (B), by
striking ``child pornography'' and
inserting ``child sexual abuse
material'';
(IV) in subparagraph (C), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(V) in subparagraph (D), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(ii) in paragraph (17)(A), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(B) in section 105(e)(1)(C) (34 U.S.C.
21115(e)(1)(C)), by striking ``child pornography
trafficking'' and inserting ``trafficking in child
sexual abuse material''.
(18) Social security act.--Section 471(a)(20)(A)(i) of the
Social Security Act (42 U.S.C. 671(a)(20)(A)(i)) is amended by
striking ``child pornography'' and inserting ``offenses
involving child sexual abuse material''.
(19) Privacy protection act of 1980.--Section 101 of the
Privacy Protection Act of 1980 (42 U.S.C. 2000aa) is amended--
(A) in subsection (a)(1), by striking ``child
pornography'' and inserting ``child sexual abuse
material''; and
(B) in subsection (b)(1), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(20) Child care and development block grant act of 1990.--
Section 658H(c)(1) of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858f(c)(1)) is amended--
(A) in subparagraph (D)(iii), by striking ``child
pornography'' and inserting ``offenses relating to
child sexual abuse material''; and
(B) in subparagraph (E), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(21) Communications act of 1934.--Title II of the
Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended--
(A) in section 223 (47 U.S.C. 223)--
(i) in subsection (a)(1)--
(I) in subparagraph (A), in the
undesignated matter following clause
(ii), by striking ``child pornography''
and inserting ``which constitutes child
sexual abuse material''; and
(II) in subparagraph (B), in the
undesignated matter following clause
(ii), by striking ``child pornography''
and inserting ``which constitutes child
sexual abuse material''; and
(ii) in subsection (d)(1), in the
undesignated matter following subparagraph (B),
by striking ``child pornography'' and inserting
``that constitutes child sexual abuse
material''; and
(B) in section 254(h) (47 U.S.C. 254(h))--
(i) in paragraph (5)--
(I) in subparagraph (B)(i)(II), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(II) in subparagraph (C)(i)(II), by
striking ``child pornography'' and
inserting ``child sexual abuse
material'';
(ii) in paragraph (6)--
(I) in subparagraph (B)(i)(II), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(II) in subparagraph (C)(i)(II), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(iii) in paragraph (7)(F)--
(I) in the subparagraph heading, by
striking ``Child pornography'' and
inserting ``Child sexual abuse
material''; and
(II) by striking ``child
pornography'' and inserting ``child
sexual abuse material''.
(c) Table of Sections Amendments.--
(1) Chapter 110 of title 18.--The table of sections for
chapter 110 of title 18, United States Code, is amended--
(A) by striking the item relating to section 2252A
and inserting the following:
``2252A. Certain activities relating to child sexual abuse material.'';
(B) by striking the item relating to section 2258C
and inserting the following:
``2258C. Use of technical elements from reports made to the
CyberTipline to combat child sexual abuse
material.'';
(C) by striking the item relating to section 2259A
and inserting the following:
``2259A. Assessments in cases involving child sexual abuse material.'';
and
(D) by striking the item relating to section 2259B
and inserting the following:
``2259B. Reserve for victims of child sexual abuse material.''.
(2) Chapter 117 of title 18.--The table of sections for
chapter 117 of title 18, United States Code, is amended by
striking the item relating to section 2427 and inserting the
following:
``2427. Inclusion of offenses relating to child sexual abuse material
in definition of sexual activity for which
any person can be charged with a criminal
offense.''.
(d) Amendment to the Federal Sentencing Guidelines.--Pursuant to
its authority under section 994(p) of title 28, United States Code, and
in accordance with this section, the United States Sentencing
Commission shall amend the Federal sentencing guidelines, including
application notes, to replace the terms ``child pornography'' and
``child pornographic material'' with ``child sexual abuse material''.
(e) Effective Date.--The amendments made by this section to title
18 of the United States Code shall apply to conduct that occurred
before, on, or after the date of enactment of this Act.
SEC. 7. MODERNIZING THE CYBERTIPLINE.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended--
(1) in section 2258A, as amended by section 6(b) of this
Act--
(A) in subsection (a)--
(i) in paragraph (1)(B)(ii), by inserting
after ``facts or circumstances'' the following:
``, including any available facts or
circumstances sufficient to identify and locate
each minor and each involved individual,''; and
(ii) in paragraph (2)(A)--
(I) by inserting ``1591 (if the
violation involves a minor),'' before
``2251,''; and
(II) by striking ``or 2260'' and
inserting ``2260, or 2422(b)'';
(B) in subsection (b)--
(i) in paragraph (1)--
(I) by inserting ``or location''
after ``identity''; and
(II) by striking ``other
identifying information,'' and
inserting ``other information which may
identify or locate the involved
individual,'';
(ii) by redesignating paragraphs (2)
through (5) as paragraphs (3) through (6),
respectively;
(iii) by inserting after paragraph (1) the
following:
``(2) Information about the involved minor.--Information
relating to the identity or location of any involved minor,
which may, to the extent reasonably practicable, include the
electronic mail address, Internet Protocol address, uniform
resource locator, or any other information which may identify
or locate any involved minor, including self-reported
identifying information.''; and
(iv) by adding at the end the following:
``(7) Formatting of reports.--When in its discretion a
provider voluntarily includes any content described in this
subsection in a report to the CyberTipline, the provider shall
use best efforts to ensure that the report conforms with the
structure of the CyberTipline.''; and
(C) in subsection (d)(5)(B)--
(i) in clause (i), by striking
``forwarded'' and inserting ``made available'';
and
(ii) in clause (ii), by striking
``forwarded'' and inserting ``made available'';
(2) in section 2258B--
(A) in subsection (a)--
(i) by striking ``arising from the
performance'' and inserting the following: ``,
may not be brought in any Federal or State
court if the claim or charge is directly
attributable to--
``(1) the performance'';
(ii) in paragraph (1), as so designated, by
striking ``may not be brought in any Federal or
State court.'' and inserting a semicolon; and
(iii) by adding at the end the following:
``(2) transmitting, distributing, or mailing child sexual
abuse material to any Federal, State, or local law enforcement
agency, or giving such agency access to child sexual abuse
material, in response to a search warrant, court order, or
other legal process issued by such agency; or
``(3) research voluntarily undertaken by the provider or
domain name registrar using any material being preserved under
section 2258A(h), if the research is only for the purpose of--
``(A) improving or facilitating reporting under
this section, section 2258A, or section 2258C; or
``(B) stopping the online sexual exploitation of
children.''; and
(B) in subsection (b)(2)(C)--
(i) by striking ``the performance of'';
(ii) by inserting ``described in or
performed'' after ``function''; and
(iii) by striking ``this section,
sections'' and inserting ``this section or
section''; and
(3) in section 2258C, as amended by section 6(b) of this
Act--
(A) in the section heading, by striking ``the
CyberTipline'' and inserting ``NCMEC'';
(B) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``NCMEC'' and
inserting the following:
``(A) Provision to providers.--NCMEC'';
(II) in subparagraph (A), as so
designated, by inserting ``or
submission to the child victim
identification program described in
section 404(b)(1)(K)(ii) of the
Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii))'' after
``CyberTipline report''; and
(III) by adding at the end the
following:
``(B) Provision to non-profit entities.--NCMEC may
provide hash values or similar technical identifiers
associated with visual depictions provided in a
CyberTipline report or submission to the child victim
identification program described in section
404(b)(1)(K)(ii) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii)) to a non-profit entity for the sole
and exclusive purpose of preventing and curtailing the
online sexual exploitation of children.''; and
(ii) in paragraph (2)--
(I) by inserting ``(A)'' after
``(1)'';
(II) by inserting ``or submission
to the child victim identification
program described in section
404(b)(1)(K)(ii) of the Juvenile
Justice and Delinquency Prevention Act
of 1974 (34 U.S.C.
11293(b)(1)(K)(ii))'' after
``CyberTipline report''; and
(III) by adding at the end the
following: ``The elements authorized
under paragraph (1)(B) shall be limited
to hash values or similar technical
identifiers associated with visual
depictions provided in a CyberTipline
report or submission to the child
victim identification program described
in section 404(b)(1)(K)(ii) of the
Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii)).''; and
(C) in subsection (d), by inserting ``or to the
child victim identification program described in
section 404(b)(1)(K)(ii) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii))'' after ``CyberTipline''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 110 of title 18, United States Code, is amended by striking the
item relating to section 2258C (as amended by section 6(c)(1)(B) of
this Act) and inserting the following:
``2258C. Use of technical elements from reports made to NCMEC to combat
child sexual abuse material.''.
SEC. 8. ELIMINATING NETWORK DISTRIBUTION OF CHILD EXPLOITATION.
Section 2258A(h) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``90 days'' and inserting
``1 year''; and
(2) by adding at the end the following:
``(5) Extension of preservation.--A provider of a report to
the CyberTipline may voluntarily preserve the contents provided
in the report (including any comingled content described in
paragraph (2)) for longer than 1 year after the submission to
the CyberTipline for the purpose of reducing the proliferation
of online child sexual exploitation or preventing the online
sexual exploitation of children.''.
SEC. 9. IT SOLUTIONS RELATING TO COMBATING ONLINE CHILD EXPLOITATION.
Title IV of the Juvenile Justice and Delinquency Prevention Act of
1974 (34 U.S.C. 11291 et seq.) is amended--
(1) by redesignating section 409 (34 U.S.C. 11297) as
section 410; and
(2) by inserting after section 408 (34 U.S.C. 11296) the
following:
``SEC. 409. IT SOLUTIONS RELATING TO COMBATING ONLINE CHILD
EXPLOITATION.
``(a) Development of IT Solutions.--The Administrator shall enable
the development of information technology solutions and the creation
and acquisition of innovative tools to implement updates, improvements,
and modernization needed to enhance efforts to combat online child
exploitation in order to ensure that consistent, actionable information
is provided to law enforcement agencies, including Internet Crimes
Against Children (commonly known as `ICAC') task forces.
``(b) Consultation With Partners.--In developing the information
technology solutions under subsection (a), the Administrator shall
solicit input from all partners in the effort to combat online child
exploitation, including the Center, ICAC task forces, the Federal
Bureau of Investigation, the Department of Homeland Security, U.S.
Immigration and Customs Enforcement, Homeland Security Investigations,
and the United States Marshals Service.
``(c) Funding.--Each fiscal year, the Administrator shall carry out
this section using not less than $1,000,000 of the amounts made
available to carry out this title for that fiscal year.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
SEC. 11. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
any application of such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of the
provisions 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.
<all>