[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7949 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7949
To combat the sexual exploitation of children by supporting victims and
promoting accountability and transparency by the tech industry.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 11, 2024
Ms. Garcia of Texas (for herself and Mr. Moore of Alabama) introduced
the following bill; which was referred to the Committee on the
Judiciary, and in addition to the Committee on Energy and Commerce, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
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 2024'' or the ``STOP CSAM Act of 2024''.
SEC. 2. 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;
``(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); and
``(15) the term `child pornography' has the meaning given
the term in section 2256(8).'';
(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 ``a 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'';
(9) in subsection (l), by striking ``child'' each place the
term appears and inserting ``covered person''; and
(10) in subsection (m)--
(A) by striking ``(as defined by section 2256 of
this title)'' each place it appears;
(B) in paragraph (1), by inserting ``and any civil
action brought under section 2255 or 2255A'' after
``any criminal proceeding'';
(C) in paragraph (2), by adding at the end the
following:
``(C)(i) Notwithstanding Rule 26 of the Federal Rules of
Civil Procedure, a court shall deny, in any civil action
brought under section 2255 or 2255A, any request by any party
to copy, photograph, duplicate, or otherwise reproduce any
property or material that constitutes child pornography.
``(ii) In a civil action brought under section 2255 or
2255A, for purposes of paragraph (1), the court may--
``(I) order the plaintiff or defendant to provide
to the court or the Government, as applicable, any
equipment necessary to maintain care, custody, and
control of such property or material; and
``(II) take reasonable measures, and may order the
Government (if such property or material is in the
care, custody, and control of the Government) to take
reasonable measures, to provide each party to the
action, the attorney of each party, and any individual
a party may seek to qualify as an expert, with ample
opportunity to inspect, view, and examine such property
or material at the court or a Government facility, as
applicable.''; and
(D) in paragraph (3)--
(i) by inserting ``and during the 1-year
period following the date on which the criminal
proceeding becomes final or is terminated''
after ``any criminal proceeding''; and
(ii) by striking ``, as defined under
section 2256(8),''.
(b) Effective Date.--The amendments made by this section shall
apply to conduct that occurs before, on, or after the date of enactment
of this Act.
SEC. 3. 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 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 victim under
this section'' after ``suitable by the court'';
(3) in section 2259--
(A) by striking subsection (a) and inserting the
following:
``(a) In General.--Notwithstanding section 3663 or 3663A, and in
addition to any other civil or criminal penalty authorized by law, the
court shall order restitution for any offense under--
``(1) section 1466A, to the extent the conduct involves a
visual depiction of an identifiable minor; or
``(2) this chapter.'';
(B) 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
(C) 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, attempted violation of, or
conspiracy to violate section 1466A(a) to the extent
the conduct involves production of a visual depiction
of an identifiable minor;
``(B) a violation of, attempted violation of, or
conspiracy to violate section 1466A(a) involving
possession with intent to distribute, or section
1466A(b), to the extent the conduct involves a visual
depiction of an identifiable minor--
``(i) produced by the defendant; or
``(ii) that the defendant attempted or
conspired to produce;
``(C) 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;
``(D) a violation of section 2251A;
``(E) 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;
``(F) 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, to
the extent the conduct involves production with intent
to distribute;
``(G) 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;
``(H) a violation of subsection (a) of section
2260, or an attempt or conspiracy to violate that
subsection under subsection (c)(1) of that section;
``(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); and
``(J) a violation of chapter 109A or chapter 117,
if the offense involves the production or attempted
production of, or conspiracy to produce, child
pornography.'';
(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, attempted violation of, or
conspiracy to violate section 1466A(a) to the extent
the conduct involves distribution or receipt of a
visual depiction of an identifiable minor;
``(B) a violation of, attempted violation of, or
conspiracy to violate section 1466A(a) involving
possession with intent to distribute, or section
1466A(b), to the extent the conduct involves a visual
depiction of an identifiable minor--
``(i) not produced by the defendant; or
``(ii) that the defendant did not attempt
or conspire to produce;
``(C) a violation of subsection (d) of section 2251
or an attempt or conspiracy to violate that subsection
under subsection (e) of that section;
``(D) 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;
``(E) 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;
``(F) 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;
``(G) 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, to
the extent the conduct involves distribution;
``(H) a violation of section 2252A(g) if the series
of felony violations exclusively involves violations
described in this paragraph (except subparagraphs (A)
and (B));
``(I) a violation of subsection (b) of section
2260, or an attempt or conspiracy to violate that
subsection under subsection (c)(2) of that section; and
``(J) 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 (except subparagraphs (A)
and (B)).''; and
(iii) in paragraph (4), in the first
sentence, by inserting ``or an identifiable
minor harmed as a result of the commission of a
crime under section 1466A'' after ``under this
chapter'';
(4) in section 2259A(a)--
(A) in paragraph (1), by striking ``under section
2252(a)(4) or 2252A(a)(5)'' and inserting ``described
in subparagraph (B) or (E) of section 2259(c)(3)''; 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
subparagraph (B) or (E) of section 2259(c)(3)'';
(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
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. 4. 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, and in any event not later than 60 days
after obtaining such knowledge, a provider shall submit to the
CyberTipline of NCMEC, or any successor to the CyberTipline
operated by NCMEC, a report containing--
``(A) the mailing address, telephone number,
facsimile number, electronic mailing address of, and
individual point of contact for, such provider; and
``(B) information described in subsection (b)
concerning such facts or circumstances or apparent
child pornography, including any available information
to identify or locate any involved minor.
``(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 1591 (if the violation involves a minor), 2251, 2251A,
2252, 2252A, 2252B, 2260, or 2422(b).
``(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) shall include, to the extent that it is
applicable and reasonably available--
``(i) the name, address, electronic mail
address, user or account identification,
Internet Protocol address, and uniform resource
locator of any individual who is a subject of
the report;
``(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)(E), information
indicating whether--
``(I) the apparent child
pornography was publicly available; or
``(II) the provider, in its sole
discretion, viewed the apparent 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 apparent child
pornography--
``(I) has previously been the
subject of a report under subsection
(a)(1); 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) Information about any involved individual.--
Any information relating to the identity or location of
any individual who is a subject of the report,
including payment information (excluding personally
identifiable information) and self-reported identifying
or locating information.
``(B) Information about any involved minor.--
Information relating to the identity or location of any
involved minor, which may include an address,
electronic mail address, Internet Protocol address,
uniform resource locator, or any other information that
may identify or locate any involved minor, including
self-reported identifying or locating information.
``(C) 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.
``(D) 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.
``(E) Apparent child pornography.--Any apparent
child pornography not described in paragraph
(1)(A)(iii), or other content related to the subject of
the report.
``(F) 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.
``(G) 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.
``(H) 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.
``(3) Formatting of reports.--When a provider includes any
information described in paragraph (1) or, at its sole
discretion, any information described in paragraph (2) in a
report to the CyberTipline of NCMEC, or any successor to the
CyberTipline operated by NCMEC, the provider shall use best
efforts to ensure that the report conforms with the structure
of the CyberTipline or the successor, as applicable.
``(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 subsection (a)(1) 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
subsection (a)(1) 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)'';
(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)''; and
(iii) in paragraph (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'';
(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) 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--
``(aa) $850,000 if the
provider has not fewer than
100,000,000 monthly active
users; or
``(bb) $600,000 if the
provider has fewer than
100,000,000 monthly active
users; and
``(II) in the case of any second or
subsequent violation, not more than--
``(aa) $1,000,000 if the
provider has not fewer than
100,000,000 monthly active
users; or
``(bb) $850,000 if the
provider has fewer than
100,000,000 monthly active
users.
``(ii) Harm to individuals.--The maximum
fine under clause (i) shall be doubled if an
individual is harmed as a direct and proximate
result of the applicable violation.
``(2) Civil penalty.--
``(A) Violations relating to cybertipline reports
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
$250,000 if the provider knowingly--
``(i) fails to submit a report under
subsection (a)(1) within the time period
required by that subsection;
``(ii) fails to preserve material as
required under subsection (h); or
``(iii) submits a report under subsection
(a)(1) 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.'';
(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'';
and
(ii) in paragraph (3), in the matter
preceding subparagraph (A), by striking
``subsection (a)'' and inserting ``subsection
(a)(1)'';
(F) in subsection (h), by adding at the end the
following:
``(5) Relation to reporting requirement.--Submission of a
report as described in subsection (a)(1) 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 2024, 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 subsection (a)(1).
``(ii) Which items of information described
in subsection (b)(2) are routinely included in
the reports submitted by the provider under
subsection (a)(1).
``(B) Report and remove data.--With respect to
section 6 of the STOP CSAM Act of 2024--
``(i) a description of the provider's
designated reporting system;
``(ii) the number of complete notifications
received;
``(iii) the number of items of child sexual
abuse material 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.
``(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, 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 children from
sexual exploitation and abuse using the
provider's product or service.
``(ii) The measures and technologies that
the provider deploys to prevent the use of the
provider's product or service 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 or
service to assess--
``(i) the safety risks for children with
respect to sexual exploitation and abuse; and
``(ii) whether and how individuals could
use the new product or service to commit child
sexual exploitation and abuse.
``(G) Trends and patterns.--Any information
concerning emerging trends and changing patterns with
respect to the commission of online child sexual
exploitation and abuse.
``(2) Avoiding duplication.--Notwithstanding the
requirement under the matter preceding paragraph (1) that
information be submitted annually, in the case of any report
submitted under that paragraph after the initial report, a
provider shall submit information described in subparagraphs
(D) through (G) of that paragraph not less frequently than once
every 3 years or when new information is available, whichever
is more frequent.
``(3) Limitation.--Nothing in paragraph (1) shall require
the disclosure of trade secrets or other proprietary
information.
``(4) Publication.--
``(A) In general.--Subject to subparagraph (B), the
Attorney General and the Chair of the Federal Trade
Commission shall publish the reports received under
this subsection.
``(B) Redaction.--
``(i) In general.--The Attorney General and
Chair of the Federal Trade Commission shall
redact from a report published under
subparagraph (A) any information as necessary
to avoid--
``(I) undermining the efficacy of a
safety measure described in the report;
or
``(II) revealing how a product or
service of a provider may be used to
commit online child sexual exploitation
and abuse.
``(ii) Additional redaction.--
``(I) Request.--In addition to
information redacted under clause (i),
a provider may request the redaction,
from a report published under
subparagraph (A), of any information
that is law enforcement sensitive or
otherwise not suitable for public
distribution.
``(II) Agency discretion.--The
Attorney General and Chair of the
Federal Trade Commission--
``(aa) shall consider a
request made under subclause
(I); and
``(bb) may, in their
discretion, redact from a
report published under
subparagraph (A) any
information that is law
enforcement sensitive or
otherwise not suitable for
public distribution, whether or
not requested.'';
(2) in section 2258B--
(A) by striking subsection (a) and inserting the
following:
``(a) In General.--
``(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 against a provider or domain name registrar,
including any director, officer, employee, or agent of such
provider or domain name registrar, that is directly
attributable to--
``(A) the performance of the reporting or
preservation responsibilities of such provider or
domain name registrar under this section, section
2258A, or section 2258C;
``(B) transmitting, distributing, or mailing child
pornography to any Federal, State, or local law
enforcement agency, or giving such agency access to
child pornography, in response to a search warrant,
court order, or other legal process issued or obtained
by such agency; or
``(C) the use by the provider or domain name
registrar of any material being preserved under section
2258A(h) by such provider or registrar for research
conducted voluntarily and in good faith for the sole
and exclusive purpose of--
``(i) improving or facilitating reporting
under this section, section 2258A, or section
2258C; or
``(ii) stopping the online sexual
exploitation of children.''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``; or''
and inserting ``or knowingly failed to comply
with a requirement under section 2258A;'';
(ii) in paragraph (2)(C)--
(I) by striking ``this section,
sections'' and inserting ``this section
or section''; and
(II) by striking the period and
inserting ``; or''; and
(iii) by adding at the end the following:
``(3) for purposes of subsection (a)(2)(C), knowingly
distributed or transmitted the material, or made the material
available, except as required by law, to--
``(A) any other entity;
``(B) any person not employed by the provider or
domain name registrar; or
``(C) any person employed by the provider or domain
name registrar who is not conducting any research
described in that subsection.'';
(3) in section 2258C--
(A) in the section heading, by striking ``the
CyberTipline'' and inserting ``NCMEC'';
(B) in subsection (a)--
(i) in the subsection heading, by striking
``Elements'' and inserting ``Provision to
Providers and Nonprofit Entities'';
(ii) in paragraph (1)--
(I) by striking ``to a provider''
and inserting the following: ``or
submission to the child victim
identification program to--
``(A) a provider'';
(II) in subparagraph (A), as so
designated--
(aa) by inserting ``use of
the provider's products or
services to commit'' after
``stop the''; and
(bb) by striking the period
at the end and inserting ``;
or''; and
(III) by adding at the end the
following:
``(B) a nonprofit entity for the sole and exclusive
purpose of preventing and curtailing the online sexual
exploitation of children.''; and
(iii) in paragraph (2)--
(I) in the heading, by striking
``Inclusions'' and inserting
``Elements'';
(II) by striking ``unique
identifiers'' and inserting ``similar
technical identifiers''; and
(III) by inserting ``or submission
to the child victim identification
program'' after ``CyberTipline
report'';
(C) in subsection (b)--
(i) in the heading, by inserting ``or
Nonprofit Entities'' after ``Providers'';
(ii) by striking ``Any provider'' and
inserting the following:
``(1) In general.--Any provider or nonprofit entity'';
(iii) in paragraph (1), as so designated--
(I) by striking ``receives'' and
inserting ``obtains''; and
(II) by inserting ``or submission
to the child victim identification
program'' after ``CyberTipline
report''; and
(iv) by adding at the end the following:
``(2) Limitation on sharing with other entities.--A
provider or nonprofit entity 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.'';
(D) 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 submission to the
child victim identification program'' after
``CyberTipline report''; and
(iv) by striking ``to use the elements to
stop the online sexual exploitation of
children''; and
(E) in subsection (d), by inserting ``or to the
child victim identification program'' after
``CyberTipline'';
(4) in section 2258E--
(A) in paragraph (6), by striking ``electronic
communication service provider'' and inserting
``electronic communication service'';
(B) in paragraph (7), by striking ``and'' at the
end;
(C) in paragraph (8), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(9) the term `publicly available', with respect to a
visual depiction on a provider's service, means the visual
depiction can be viewed by or is accessible to all users of the
service, regardless of the steps, if any, a user must take to
create an account or to gain access to the service in order to
access or view the visual depiction; and
``(10) the term `child victim identification program' means
the 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)).'';
(5) in section 2259B(a), by inserting ``, any fine or
penalty collected under section 2258A(e) or subparagraph (A) of
section 6(g)(24) of the STOP CSAM Act of 2024 (except as
provided in clauses (i) and (ii)(I) of subparagraph (B) of such
section 6(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--
``(1) intentionally host or store child pornography or make
child pornography available to any person; or
``(2) 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 good faith 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.''.
(c) Effective Date for Amendments to Reporting Requirements of
Providers.--The amendments made by subsection (a)(1) of this section
shall take effect on the date that is 120 days after the date of
enactment of this Act.
SEC. 5. EXPANDING CIVIL REMEDIES FOR VICTIMS OF ONLINE CHILD SEXUAL
EXPLOITATION.
(a) Statement of Intent.--Nothing in this section shall be
construed to abrogate or narrow any case law concerning section 2255 of
title 18, United States Code.
(b) Civil Remedy for Personal Injuries.--Section 2255(a) of title
18, United States Code, is amended--
(1) by striking ``In General.--Any person who, while a
minor, was a victim of a violation of section 1589, 1590, 1591,
2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421,
2422, or 2423 of this title and who suffers personal injury as
a result of such violation, regardless of whether the injury
occurred while such person was a minor, may sue'' and inserting
the following: ``Private Right of Action.--
``(1) In general.--Any person described in subparagraph
(A), (B), or (C) of paragraph (2) who suffers personal injury
as a result of a violation described in that subparagraph,
regardless of whether the injury occurred while such person was
a minor, may bring a civil action''; and
(2) by adding at the end the following:
``(2) Eligible persons.--Paragraph (1) shall apply to any
person--
``(A) who, while a minor, was a victim of--
``(i) a violation of section 1589, 1590,
1591, 2241, 2242, 2243, 2251, 2251A, 2260(a),
2421, 2422, or 2423;
``(ii) an attempt to violate section 1589,
1590, or 1591 under section 1594(a);
``(iii) a conspiracy to violate section
1589 or 1590 under section 1594(b); or
``(iv) a conspiracy to violate section 1591
under section 1594(c);
``(B) who--
``(i) is depicted as a minor in child
pornography; and
``(ii) is a victim of a violation of 2252,
2252A, or 2260(b) (regardless of when the
violation occurs); or
``(C) who--
``(i) is depicted as an identifiable minor
in a visual depiction described in section
1466A; and
``(ii) is a victim of a violation of that
section (regardless of when the violation
occurs).''.
(c) Civil Remedy Against Online Platforms and App Stores.--
(1) In general.--Chapter 110 of title 18, United States
Code, is amended by inserting after section 2255 the following:
``Sec. 2255A. Civil remedy against online platforms and app stores
``(a) In General.--
``(1) Promotion or aiding and abetting of certain
violations.--Any person who is a victim of the intentional or
knowing promotion, or aiding and abetting, of a violation of
section 1591 or 1594(c) (involving a minor), or section 2251,
2251A, 2252, 2252A, or 2422(b), where such promotion, or aiding
and abetting, is by a provider of an interactive computer
service or an app store, and who suffers personal injury as a
result of such promotion or aiding and abetting, regardless of
when the injury occurred, may bring a civil action in any
appropriate United States District Court for relief set forth
in subsection (b).
``(2) Activities involving child pornography.--Any person
who is a victim of the intentional or knowing hosting or
storing of child pornography or making child pornography
available to any person by a provider of an interactive
computer service, and who suffers personal injury as a result
of such hosting, storing, or making available, regardless of
when the injury occurred, may bring a civil action in any
appropriate United States District Court for relief set forth
in subsection (b).
``(b) Relief.--In a civil action brought by a person under
subsection (a)--
``(1) the person shall recover the actual damages the
person sustains or liquidated damages in the amount of
$300,000, and the cost of the action, including reasonable
attorney fees and other litigation costs reasonably incurred;
and
``(2) the court may, in addition to any other relief
available at law, award punitive damages and such other
preliminary and equitable relief as the court determines to be
appropriate, including a temporary restraining order, a
preliminary injunction, or a permanent injunction ordering the
defendant to cease the offending conduct.
``(c) Statute of Limitations.--There shall be no time limit for the
filing of a complaint commencing an action under subsection (a).
``(d) Venue; Service of Process.--
``(1) Venue.--Any action brought under subsection (a) may
be brought in the district court of the United States that
meets applicable requirements relating to venue under section
1391 of title 28.
``(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in which
the defendant--
``(A) is an inhabitant; or
``(B) may be found.
``(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
subsection (a).
``(f) Rules of Construction.--
``(1) Applicability to legal process or obligation.--
Nothing in this section shall be construed to apply to any good
faith action that is necessary to comply with a valid court
order, subpoena, search warrant, statutory obligation, or
preservation request from law enforcement.
``(2) Knowledge with respect to each item required.--For
purposes of a claim brought under subsection (a)(2), the term
`knowing' shall be construed to mean knowledge of each item of
child pornography that the provider hosted, stored, or made
available.
``(g) Encryption Technologies.--
``(1) In general.--None of the following actions or
circumstances shall serve as an independent basis for liability
under subsection (a):
``(A) Utilizing full end-to-end encrypted messaging
services, device encryption, or other encryption
services.
``(B) Not possessing the information necessary to
decrypt a communication.
``(C) Failing to take an action that would
otherwise undermine the ability to offer full end-to-
end encrypted messaging services, device encryption, or
other encryption services.
``(2) Consideration of evidence.--
``(A) Permitted use.--Evidence of actions or
circumstances described in paragraph (1) shall be
admissible in a civil action brought under subsection
(a) only if--
``(i) the actions or circumstances are
relevant under rules 401 and 402 of the Federal
Rules of Evidence to--
``(I) prove motive, intent,
preparation, plan, absence of mistake,
or lack of accident; or
``(II) rebut any evidence or
factual or legal claim; and
``(ii) the actions or circumstances are not
subject to exclusion under rule 403 of the
Federal Rules of Evidence.
``(B) Notice.--In a civil action brought under
subsection (a), a plaintiff seeking to introduce
evidence of actions or circumstances under subparagraph
(A) of this paragraph shall--
``(i) provide reasonable notice--
``(I) in writing before trial; or
``(II) in any form during trial if
the court, for good cause, excuses lack
of pretrial notice; and
``(ii) articulate in the notice described
in clause (i) the permitted purpose for which
the plaintiff intends to offer the evidence and
the reasoning that supports the purpose.
``(h) Defense.--In a claim under subsection (a)(2) involving
knowing conduct, it shall be a defense, which the provider of an
interactive computer service must establish by a preponderance of the
evidence, that--
``(1) the provider disabled access to or removed the child
pornography within a reasonable timeframe, and in any event not
later than 48 hours after obtaining knowledge that the child
pornography was being hosted, stored, or made available by the
provider (or, in the case of a provider that, for the most
recent calendar year, averaged fewer than 10,000,000 active
users on a monthly basis in the United States, within a
reasonable timeframe, and in any event not later than 2
business days after obtaining such knowledge); or
``(2) the provider--
``(A) exercised a reasonable, good faith effort to
disable access to or remove the child pornography but
was unable to do so for reasons outside the provider's
control; and
``(B) determined it is technologically impossible
for the provider to disable access to or remove the
child pornography without compromising encryption
technologies.
``(i) Sanctions for Repeated Bad Faith Civil Actions.--
``(1) In general.--In the case of a civil action brought
under subsection (a), the court may impose sanctions on--
``(A) the party bringing the civil action if the
court finds that the party has brought 2 or more bad
faith civil actions (which may include the instant
civil action); or
``(B) an attorney or law firm representing the
party bringing the civil action if the court finds that
the attorney or law firm has represented--
``(i) a party who has brought 2 or more bad
faith civil actions (which may include the
instant civil action); or
``(ii) 2 or more parties who have each
brought a bad faith civil action (which may
include the instant civil action).
``(2) Definition of bad faith civil action.--For purposes
of paragraph (1), the term `bad faith civil action' means a
civil action brought under subsection (a) in bad faith where
the finder of fact determined that at the time the civil action
was filed, the party, attorney, or law firm described in
paragraph (1) had actual knowledge that the alleged conduct--
``(A) did not involve any minor; or
``(B) did not involve any child pornography.
``(3) Implementation.--Rule 11(c) of the Federal Rules of
Civil Procedure shall apply to sanctions imposed under this
subsection in the same manner as that Rule applies to sanctions
imposed for a violation of Rule 11(b) of those Rules.
``(4) Rules of construction.--
``(A) Rule 11.--This subsection shall not be
construed to limit or expand the application of Rule 11
of the Federal Rules of Civil Procedure.
``(B) Definition change.--Paragraph (2)(B) shall
not be construed to apply to a civil action affected by
a contemporaneous change in the law with respect to the
definition of `child pornography'.
``(j) Definitions.--In this section:
``(1) App.--The term `app' means a software application or
electronic service that may be run or directed by a user on a
computer, a mobile device, or any other general purpose
computing device.
``(2) App store.--The term `app store' means a publicly
available website, software application, or other electronic
service that--
``(A) distributes apps from third-party developers
to users of a computer, a mobile device, or any other
general purpose computing device; and
``(B) operates--
``(i) through the use of any means or
facility of interstate or foreign commerce; or
``(ii) in or affecting interstate or
foreign commerce.
``(3) Interactive computer service.--The term `interactive
computer service' means an interactive computer service, as
defined in section 230(f) of the Communications Act of 1934 (47
U.S.C. 230(f)), that operates--
``(A) through the use of any means or facility of
interstate or foreign commerce; or
``(B) in or affecting interstate or foreign
commerce.''.
(2) Conforming amendment.--The table of sections for
chapter 110 of title 18, United States Code, is amended by
inserting after the item relating to section 2255 the
following:
``2255A. Civil remedy against online platforms and app stores.''.
SEC. 6. REPORTING AND REMOVAL OF CHILD SEXUAL ABUSE MATERIAL;
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 10 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 CSAM 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 2022, the CyberTipline, operated by the National Center for
Missing & Exploited Children to combat online child sexual
exploitation, received reports about 49,400,000 images and
37,700,000 videos depicting child sexual abuse.
(6) Since 2017, Project Arachnid, operated by the Canadian
Centre for Child Protection, has sent over 38,000,000 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.
(3) Public notice.--The Commission shall provide notice to
the public of the date that the Child Online Protection Board
established under subsection (d) is scheduled to begin
operations on--
(A) the date that is 60 days before such date that
the Board is scheduled to begin operations; and
(B) the date that is 30 days before such date that
the Board is scheduled to begin operations.
(c) Reporting and Removal of Child Sexual Abuse Material.--
(1) In general.--If a provider receives a complete
notification as set forth in paragraph (2)(A) that the provider
is hosting child sexual abuse material, as soon as possible,
but in any event 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 child sexual abuse material; and
(ii) notify the complainant that it has done so; or
(B) notify the complainant that the provider--
(i) has determined that the visual
depiction referenced in the notification does
not constitute child sexual abuse material;
(ii) is unable to remove the child sexual
abuse material using reasonable means; or
(iii) has determined that the notification
is duplicative under paragraph (2)(C)(i).
(2) Notifications.--
(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 child sexual abuse material. Such
information may include, at the option of the
complainant, a copy of the child sexual abuse
material or the uniform resource locator where
such child sexual abuse material 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 child sexual abuse
material, 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 child sexual abuse
material 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
child sexual abuse material;
(II) an authorized representative
of the victim depicted in the child
sexual abuse material; or
(III) a qualified organization.
(B) Inclusion of additional visual depictions in a
notification.--
(i) Multiple items of child sexual abuse
material in same notification.--A notification
may contain information about more than one
item of child sexual abuse material, but shall
only be effective with respect to each item of
child sexual abuse material included in the
notification to the extent that the
notification includes sufficient information to
identify and locate such item of child sexual
abuse material.
(ii) Related exploitive visual
depictions.--
(I) In general.--A notification may
contain information about any related
exploitive visual depictions associated
with the child sexual abuse material
described in the notification, along
with the information described in
subparagraph (A)(i) for each related
exploitive visual depiction. Such
notification shall clearly indicate
which visual depiction is a related
exploitive visual depiction. Such
notification shall include a statement
indicating that the complainant
acknowledges that the provider may, but
is not required to, remove the related
exploitive visual depiction, and that
the complainant cannot file a petition
with the Child Online Protection Board
concerning any alleged failure to
remove a related exploitive visual
depiction.
(II) No obligation.--A provider
shall not be required to take any
action under this section concerning a
related exploitive visual depiction. A
provider may, in its sole discretion,
remove a related exploitive visual
depiction. The procedure set forth in
subsection (g)(1) shall not apply to
related exploitive visual depictions.
(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 item of child
sexual abuse material;
(II) the same item of child sexual
abuse material 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)(iii).
(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 child sexual
abuse material 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 mail 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
child sexual abuse material 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 child
sexual abuse material.
(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 child sexual
abuse material 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 child sexual abuse material (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 child sexual
abuse material 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
child sexual abuse material.--
(i) Contact with complainant.--If the
provider believes that the child sexual abuse
material 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 child sexual abuse material, 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 120 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 an
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 for and guidance on the
storage and handling of child sexual abuse material.
(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,
to include the obligation to render impartial determinations on
petitions considered by the Board under this section.
(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 Child Sexual Abuse
Material or a Notification Reporting Child Sexual Abuse Material.--
(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 alleged
child sexual abuse material, and that--
(I) the provider--
(aa) did not remove the
alleged child sexual abuse
material within the timeframe
required under subsection
(c)(1)(A)(i); or
(bb) incorrectly claimed
that--
(AA) the alleged
child sexual abuse
material 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 alleged child
sexual abuse material, 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
alleged child sexual abuse material 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
alleged child sexual abuse material was
not removed or that the provider made
an incorrect claim relating to the
alleged child sexual abuse material 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 child sexual abuse material
in timely manner.--A complainant may file a petition
under subparagraph (A)(i) claiming that alleged child
sexual abuse material was not removed even if the
alleged child sexual abuse material was removed prior
to the petition being filed, so long as the petition
claims that the alleged child sexual abuse material 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
child sexual abuse material;
(ii) the notification is frivolous or was
submitted with an intent to harass the provider
or any person;
(iii) the alleged child sexual abuse
material cannot reasonably be located by the
provider;
(iv) for reasons beyond the control of the
provider, the provider cannot remove the
alleged child sexual abuse material 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.
(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) Attorney 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) Initial proceedings.--
(A) Conference.--Within 1 week of completion of
service of a petition under paragraph (4), 1 or more
Officers of the Board shall hold a conference to
address the matters described in subparagraphs (B) and
(C).
(B) Opt-out procedure.--At the conference, an
Officer of the Board shall 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 the conference, in which to
provide written notice of such choice to the
petitioning party and the Board. If the responding
party does not submit an opt-out notice to the 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.
(C) Disabling access.--At the conference, except
for petitions setting forth claims described in clauses
(iii) and (iv) of paragraph (2)(A), an Officer of the
Board shall order the provider involved to disable
public and user access to the alleged child sexual
abuse material at issue in the petition for the
pendency of the proceeding, including judicial review
as provided in subsection (g)(28), unless the Officer
of the Board finds that--
(i) it is likely that the Board will find
that the petition is frivolous or was filed
with an intent to harass any person;
(ii) there is a probability that disabling
public and user access to such alleged child
sexual abuse material will cause irreparable
harm;
(iii) the balance of equities weighs in
favor of preserving public and user access to
the alleged child sexual abuse material; and
(iv) disabling public and user access to
the alleged child sexual abuse material is
contrary to the public interest.
(D) Effect of failure to disable access.--
(i) Provider petition.--If the petition was
filed by a provider, and the provider fails to
comply with an order issued pursuant to
subparagraph (B), the Board may--
(I) dismiss the petition with
prejudice; and
(II) refer the matter to the
Attorney General.
(ii) Effect of dismissal.--If a provider's
petition is dismissed under clause (i)(I), the
complainant may bring a petition under
paragraph (1) as if the provider did not file a
petition within the timeframe specified in
paragraph (2)(B). For purposes of paragraph
(1)(C)(ii), the applicable start date shall be
the date the provider's petition was dismissed.
(iii) Complainant petition.--If the
petition was filed by a complainant, and the
provider fails to comply with an order issued
pursuant to subparagraph (B), the Board--
(I) shall--
(aa) expedite resolution of
the petition; and
(bb) refer the matter to
the Attorney General; and
(II) may apply an adverse inference
with respect to disputed facts against
such provider.
(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 child sexual abuse material.
(B) Privacy.--Any alleged child sexual abuse
material 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 alleged child sexual
abuse material 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
additionally 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
child sexual abuse material. 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 at issue 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 days 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 at issue is not child
sexual abuse material.
(iv) The interested owner of a visual
depiction at issue may not bring any legal
action against any party related to the alleged
child sexual abuse material until the Board's
determination is final. Once the determination
is final, the interested 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 electronic mail 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 attorney 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 child sexual abuse material, and to
permanently delete all copies of the child
sexual abuse material known to and under the
control of the provider unless the Board orders
the provider to preserve the child sexual abuse
material;
(ii) impose a fine of $50,000 per item of
child sexual abuse material covered by the
determination, but if the Board finds that--
(I) the provider removed the child
sexual abuse material 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 child sexual abuse
material at issue, such fine shall be
$100,000 per item of child sexual abuse
material; or
(III) the provider has engaged in
recidivist hosting of the child sexual
abuse material at issue 2 or more
times, such fine shall be $200,000 per
item of child sexual abuse material;
(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 child sexual abuse material, 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 child sexual abuse material, and
to permanently delete all copies of the child sexual
abuse material known to and under the control of the
provider unless the Board orders the provider to
preserve the child sexual abuse material.
(B) Referral for failure to remove material.--If a
provider does not remove and, if applicable,
permanently delete child sexual abuse material 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 preclude relitigation of any allegation,
factual claim, or response in any subsequent legal action or
proceeding before any court, tribunal, or the Board, and may be
relied upon for such purpose in a future action or proceeding
arising from the same specific activity, subject to the
following:
(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 child
sexual abuse material.
(B) A finding by the Board that a visual depiction
constitutes child sexual abuse material--
(i) may not be relitigated in any civil
proceeding brought by an interested owner; and
(ii) may not be relied upon, and shall not
have preclusive effect, in any other action or
proceeding involving any party before any court
or tribunal other than the Board.
(C) A determination by the Board shall not preclude
litigation or relitigation as between the same or
different parties before any court or tribunal other
than the Board of the same or similar issues of fact or
law in connection with allegations or responses not
asserted or not finally determined by the Board.
(D) Except to the extent permitted under this
subsection, any final determination of the Board may
not be cited or relied upon as legal precedent in any
other action or proceeding before any court or tribunal
other than the Board.
(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 child
sexual abuse material and resolving disputes concerning
alleged child sexual abuse material, 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 child sexual abuse material 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
child sexual abuse material under this section;
(B) ensure that any alleged, contested, or actual
child sexual abuse material is transmitted and stored
in a secure manner and is not distributed to or
accessed by any individual other than as needed to
implement this section; and
(C) ensure that all copies of any child sexual
abuse material 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 visual depiction that
is alleged to be child sexual abuse material pursuant to a notification
under this section, regardless of whether the visual depiction involved
is found to be child sexual abuse material by the Board. A provider
shall not be liable to any person for any claim based on the provider's
good faith discretionary removal of any alleged related exploitive
visual depictions pursuant to a notification under this section.
(m) Continued Applicability of Federal, State, and Tribal Law.--
(1) In general.--This section shall not be construed to
impair, supersede, or limit a provision of Federal, State, or
Tribal law.
(2) No preemption.--Nothing in this section 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 section 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 to pay the
costs incurred by the Commission under this section, including the
costs of establishing and maintaining the Board and its facilities,
$40,000,000 for each year during the period that begins with the year
in which this Act is enacted and ends with the year in which certain
subsections of this section expire under subsection (q).
(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 (d).
(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 child sexual abuse
material;
(B) an authorized representative of the victim
appearing in the child sexual abuse material; 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) 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.
(11) 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.
(12) Recidivist hosting.--The term ``recidivist hosting''
means, with respect to a provider, that the provider removes
child sexual abuse material 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 child sexual abuse material that
had been so removed.
(13) Related exploitive visual depiction.--The term
``related exploitive visual depiction'' means a visual
depiction of an identifiable person of any age where--
(A) such visual depiction does not constitute child
sexual abuse material, but is published with child
sexual abuse material depicting that person while under
18 years of age; and
(B) there is a connection between such visual
depiction and the child sexual abuse material depicting
that person while under 18 years of age that is readily
apparent from--
(i) the content of such visual depiction
and the child sexual abuse material; or
(ii) the context in which such visual
depiction and the child sexual abuse material
appear.
(14) 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.
(15) 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.
(16) Visual depiction.--The term ``visual depiction'' has
the meaning provided in section 2256(5) of title 18, United
States Code.
SEC. 7. 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.
<all>