Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2020 or the EARN IT Act of 2020
This bill revises the framework governing the prevention of online sexual exploitation of children.
Among other things, the bill does the following:
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3398 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3398
To establish a National Commission on Online Child Sexual Exploitation
Prevention, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2020
Mr. Graham (for himself, Mr. Blumenthal, Mr. Cramer, Mrs. Feinstein,
Mr. Hawley, Mr. Jones, Mr. Casey, Mr. Whitehouse, Mr. Durbin, and Ms.
Ernst) introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish a National Commission on Online Child Sexual Exploitation
Prevention, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminating Abusive and Rampant
Neglect of Interactive Technologies Act of 2020'' or the ``EARN IT Act
of 2020''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the National
Commission on Online Child Sexual Exploitation Prevention.
(2) Interactive computer service.--The term ``interactive
computer service'' has the meaning given the term in section
230(f)(2) of the Communications Act of 1934 (47 U.S.C.
230(f)(2)).
SEC. 3. NATIONAL COMMISSION ON ONLINE CHILD SEXUAL EXPLOITATION
PREVENTION.
(a) Establishment.--There is established a National Commission on
Online Child Sexual Exploitation Prevention.
(b) Purpose.--The purpose of the Commission is to develop
recommended best practices that providers of interactive computer
services may choose to implement to prevent, reduce, and respond to the
online sexual exploitation of children, including the enticement,
grooming, sex trafficking, and sexual abuse of children and the
proliferation of online child sexual abuse material.
(c) Membership.--
(1) Composition.--
(A) In general.--The Commission shall be composed
of 19 members.
(B) Agency heads.--The following Federal officials
shall serve as members of the Commission:
(i) The Attorney General or his or her
representative.
(ii) The Secretary of Homeland Security or
his or her representative.
(iii) The Chairman of the Federal Trade
Commission or his or her representative.
(C) Other members.--Of the remaining 16 members of
the Commission--
(i) 4 shall be appointed by the majority
leader of the Senate, of whom--
(I) 1 shall have the qualifications
required under clause (i) or (ii) of
paragraph (2)(A);
(II) 1 shall have the
qualifications required under paragraph
(2)(B);
(III) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(C); and
(IV) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(D);
(ii) 4 shall be appointed by the minority
leader of the Senate, of whom--
(I) 1 shall have the qualifications
required under clause (i) or (ii) of
paragraph (2)(A);
(II) 1 shall have the
qualifications required under paragraph
(2)(B);
(III) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(C); and
(IV) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(D);
(iii) 4 shall be appointed by the Speaker
of the House of Representatives, of whom--
(I) 1 shall have the qualifications
required under clause (i) or (ii) of
paragraph (2)(A);
(II) 1 shall have the
qualifications required under paragraph
(2)(B);
(III) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(C); and
(IV) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(D); and
(iv) 4 shall be appointed by the minority
leader of the House of Representatives, of
whom--
(I) 1 shall have the qualifications
required under clause (i) or (ii) of
paragraph (2)(A);
(II) 1 shall have the
qualifications required under paragraph
(2)(B);
(III) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(C); and
(IV) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(D).
(2) Qualifications.--Of the 16 members of the Commission
appointed under paragraph (1)(C)--
(A) 4 shall have current experience in
investigating online child sexual exploitation crimes,
of whom--
(i) 2 shall have such experience in a law
enforcement capacity; and
(ii) 2 shall have such experience in a
prosecutorial capacity;
(B) 4 shall be survivors of online child sexual
exploitation, or have current experience in providing
services for victims of online child sexual
exploitation in a non-governmental capacity;
(C)(i) 2 shall have current experience in matters
related to constitutional law, consumer protection, or
privacy; and
(ii) 2 shall have current experience in computer
science or software engineering related to matters of
cryptography, data security, or artificial intelligence
in a non-governmental capacity; and
(D) 4 shall be individuals who each currently work
for an interactive computer service that is unrelated
to each other interactive computer service represented
under this subparagraph, representing diverse types of
businesses and areas of professional expertise, of
whom--
(i) 2 shall have current experience in
addressing online child sexual exploitation and
promoting child safety at an interactive
computer service with not less than 30,000,000
registered monthly users in the United States;
and
(ii) 2 shall have current experience in
addressing online child sexual exploitation and
promoting child safety at an interactive
computer service with less than 10,000,000
registered monthly users in the United States.
(3) Date.--The initial appointments of members to the
Commission under paragraph (1)(C) shall be made not later than
90 days after the date of enactment of this Act.
(d) Period of Appointment; Vacancies.--
(1) Period of appointment.--A member of the Commission
shall be appointed for a term of 5 years.
(2) Vacancies.--
(A) Effect on commission.--Any vacancy in the
Commission shall not affect the powers of the
Commission.
(B) Filling of vacancies.--A vacancy in the
Commission shall be filled in the same manner as the
original appointment under subsection (c)(1).
(e) Initial Meeting.--The Commission shall hold the first meeting
of the Commission not later than 60 days after the date on which a
majority of the members of the Commission have been appointed.
(f) Chairperson.--The Attorney General or his or her representative
shall serve as the Chairperson of the Commission.
(g) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold a meeting.
(h) Meetings.--The Commission shall meet at the call of the
Chairperson.
(i) Authority of Commission.--The Commission may, for the purpose
of carrying out this section and section 4, hold such hearings, sit and
act at such times and places, take such testimony, and receive such
evidence as the Commission considers appropriate.
(j) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from
any Federal department or agency such information as the
Commission considers necessary to carry out this section and
section 4.
(2) Furnishing information.--Upon request of the
Chairperson of the Commission for information under paragraph
(1), the head of a Federal department or agency shall furnish
the information to the Commission, unless the information is
subject to an active investigation or otherwise privileged or
confidential.
(k) Travel Expenses.--A member of the Commission shall serve
without compensation, but shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular places of business of the
member in the performance of services for the Commission.
(l) Duration.--Section 14 of the Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Recommended Best Practices.--
(1) Initial recommendations.--
(A) In general.--Not later than 18 months after the
date on which a majority of the members of the
Commission required to be appointed under section
3(c)(1)(C) have been so appointed, the Commission shall
develop and submit to the Attorney General recommended
best practices that providers of interactive computer
services may choose to engage in to prevent, reduce,
and respond to the online sexual exploitation of
children, including the enticement, grooming, sex
trafficking, and sexual abuse of children and the
proliferation of online child sexual abuse material.
(B) Requirements.--
(i) Alternative best practices.--The best
practices required to be developed and
submitted under subparagraph (A) shall include
alternatives that take into consideration--
(I) the size, type of product, and
business model of a provider of an
interactive computer service;
(II) whether an interactive
computer service--
(aa) is made available to
the public;
(bb) is primarily
responsible for the
transmission and storage of
information on behalf of other
interactive computer services;
or
(cc) provides the
capability to transmit data to
and receive data from all or
substantially all internet
endpoints on behalf of a
consumer; and
(III) whether a type of product,
business model, product design, or
other factors related to the provision
of an interactive computer service
could make a product or service
susceptible to the use and facilitation
of online child sexual exploitation.
(ii) Scope.--Notwithstanding paragraph (3),
the alternatives described in clause (i) of
this subparagraph may exclude certain matters
required to be addressed under paragraph (3),
as the Commission determines appropriate based
on the nature of particular products or
services or other factors relevant to the
purposes of this Act.
(2) Support requirement.--The Commission may only recommend
the best practices under paragraph (1) if not fewer than 14
members of the Commission support the best practices.
(3) Matters addressed.--The matters addressed by the
recommended best practices developed and submitted by the
Commission under paragraph (1) shall include--
(A) preventing, identifying, disrupting, and
reporting child sexual exploitation;
(B) coordinating with non-profit organizations and
other providers of interactive computer services to
preserve, remove from view, and report child sexual
exploitation;
(C) retaining child sexual exploitation content and
related user identification and location data;
(D) receiving and triaging reports of child sexual
exploitation by users of interactive computer services,
including self-reporting;
(E) implementing a standard rating and
categorization system to identify the type and severity
of child sexual abuse material;
(F) training and supporting content moderators who
review child sexual exploitation content for the
purposes of preventing and disrupting online child
sexual exploitation;
(G) preparing and issuing transparency reports,
including disclosures in terms of service, relating to
identifying, categorizing, and reporting child sexual
exploitation and efforts to prevent and disrupt online
child sexual exploitation;
(H) coordinating with voluntary initiatives offered
among and to providers of interactive computer services
relating to identifying, categorizing, and reporting
child sexual exploitation;
(I) employing age rating and age gating systems to
reduce child sexual exploitation;
(J) offering parental control products that enable
customers to limit the types of websites, social media
platforms, and internet content that are accessible to
children; and
(K) contractual and operational practices to ensure
third parties, contractors, and affiliates comply with
the best practices.
(4) Relevant considerations.--In developing best practices
under paragraph (1), the Commission shall consider--
(A) the cost and technical limitations of
implementing the best practices;
(B) the impact on competition, product and service
quality, data security, and privacy;
(C) the impact on the ability of law enforcement
agencies to investigate and prosecute child sexual
exploitation and rescue victims; and
(D) the current state of technology.
(5) Periodic updates.--Not less frequently than once every
5 years, the Commission shall update and resubmit to the
Attorney General recommended best practices under paragraph
(1).
(6) Resubmission after denial or failure to approve.--
(A) In general.--If, with respect to recommended
best practices submitted under paragraph (1), the best
practices are denied under subsection (b)(1)(A) or a
bill that contains the best practices is not enacted
under the expedited procedures under subsection (c),
the Commission may resubmit recommended best practices
to the Attorney General until the applicable deadline.
(B) Applicable deadline.--
(i) Initial best practices.--For purposes
of subparagraph (A), in the case of
resubmission of initial recommended best
practices that were submitted under paragraph
(1) before any bill that contains best
practices has been enacted under the expedited
procedures under subsection (c), the applicable
deadline is the later of--
(I) the deadline described in
paragraph (1)(A) of this subsection; or
(II) the date that is 60 days
after, as applicable--
(aa) the date of the
denial; or
(bb) the last day on which
a bill containing the best
practices could have been
enacted under the expedited
procedures under subsection
(c).
(ii) Updated best practices.--For purposes
of subparagraph (A), in the case of
resubmission of updated recommended best
practices that were submitted under paragraph
(1) in accordance with paragraph (5), the
applicable deadline is the later of--
(I) the deadline described in
paragraph (5); or
(II) the date that is 60 days
after, as applicable--
(aa) the date of the
denial; or
(bb) the last day on which
a bill containing the best
practices could have been
enacted under the expedited
procedures under subsection
(c).
(b) Publication of Best Practices.--
(1) In general.--Not later than 30 days after the date on
which the Commission submits recommended best practices under
subsection (a), including updated recommended best practices
under paragraph (5) of that subsection, the Attorney General,
upon agreement with the Secretary of Homeland Security and the
Chairman of the Federal Trade Commission, shall--
(A) approve or deny the recommended best practices;
and
(B) if approved--
(i) publish the recommended best practices
on the website of the Department of Justice and
in the Federal Register; and
(ii) submit the recommended best practices
to Congress, including to--
(I) the Committee on the Judiciary
and the Committee on Commerce, Science,
and Transportation of the Senate; and
(II) the Committee on the Judiciary
and the Committee on Energy and
Commerce of the House of
Representatives.
(2) Considerations.--In determining whether to approve or
deny recommended best practices under paragraph (1), the
Attorney General shall consider--
(A) the purpose of the Commission, as set forth in
section 3(b); and
(B) the relevant considerations set forth in
subsection (a)(4) of this section.
(3) Written findings.--Any denial of the recommended best
practices by the Attorney General under paragraph (1) shall be
accompanied by public written findings setting forth the basis
for, and reasons supporting, the denial.
(c) Congressional Approval.--
(1) Definition.--In this subsection, the term ``covered
bill'' means a bill that--
(A) contains only the recommended best practices
that have been submitted to Congress under subsection
(b), in their entirety; and
(B) is introduced under paragraph (3) of this
subsection.
(2) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such is deemed a part of the rules of each
House, respectively, but applicable only with respect
to the procedure to be followed in that House in the
case of a covered bill, and it supersedes other rules
only to the extent that it is inconsistent with such
rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) in the same
manner, and to the same extent, as in the case of any
other rule of that House.
(3) Introduction.--
(A) In general.--On the day on which recommended
best practices are submitted to Congress under
subsection (b), a covered bill containing those best
practices shall be introduced--
(i) in the Senate by--
(I) the majority leader of the
Senate, for himself or herself and the
minority leader of the Senate; or
(II) Members of the Senate
designated by the majority leader and
minority leader of the Senate; and
(ii) in the House of Representatives by--
(I) the majority leader of the
House of Representatives, for himself
or herself and the minority leader of
the House of the House of
Representatives; or
(II) Members of the House of
Representatives designated by the
majority leader and minority leader of
the House of the House of
Representatives.
(B) Not in session.--If either House is not in
session on the day on which recommended best practices
are submitted to Congress under subsection (b), a
covered bill containing the best practices shall be
introduced in that House, as provided in subparagraph
(A), on the first day thereafter on which that House is
in session.
(C) Referral.--A covered bill introduced under this
paragraph shall be referred by the Presiding Officers
of the respective Houses to the appropriate committee,
or, in the case of a bill containing provisions within
the jurisdiction of 2 or more committees, jointly to
such committees for consideration of those provisions
within their respective jurisdictions.
(4) Fast track consideration in house of representatives.--
(A) Reporting and discharge.--Any committee of the
House of Representatives to which a covered bill is
referred shall report it to the House not later than 45
calendar days after the date of introduction under
paragraph (3). If a committee fails to report the
covered bill within that period, the committee shall be
discharged from further consideration of the covered
bill and the covered bill shall be referred to the
appropriate calendar.
(B) Proceeding to consideration.--After each
committee authorized to consider a covered bill reports
it to the House or has been discharged from its
consideration, it shall be in order, not later than 60
calendar days after the date of introduction under
paragraph (3), to move to proceed to consider the
covered bill in the House. All points of order against
the motion are waived. Such a motion shall not be in
order after the House has disposed of a motion to
proceed on the covered bill. The previous question
shall be considered as ordered on the motion to its
adoption without intervening motion. The motion shall
not be debatable. A motion to reconsider the vote by
which the motion is disposed of shall not be in order.
(C) Consideration.--The covered bill shall be
considered as read. All points of order against the
covered bill and against its consideration are waived.
The previous question shall be considered as ordered on
the covered bill to its passage without intervening
motion except 10 hours of debate equally divided and
controlled by the proponent and an opponent. A motion
to reconsider the vote on passage of the covered bill
shall not be in order.
(5) Fast track consideration in senate.--
(A) Reporting and discharge.--Any committee of the
Senate to which a covered bill is referred shall report
it to the Senate not later than 45 calendar days after
the date of introduction under paragraph (3). If a
committee fails to report the covered bill within that
period, the committee shall be discharged from further
consideration of the covered bill and the covered bill
shall be referred to the appropriate calendar.
(B) Placement on calendar.--After each committee
authorized to consider a covered bill reports it to the
Senate or has been discharged from its consideration,
it shall be in order, not later than 60 calendar days
after the date of introduction under paragraph (3) of
this subsection, to place the covered bill on the
calendar.
(C) Floor consideration.--
(i) In general.--Notwithstanding Rule XXII
of the Standing Rules of the Senate, it is in
order at any time during the period beginning
on the 60th day after the date on which the
covered bill was introduced under paragraph (3)
and ending on the 65th day after the date on
which the covered bill was introduced under
that paragraph (even though a previous motion
to the same effect has been disagreed to) to
move to proceed to the consideration of the
covered bill, and all points of order against
the covered bill (and against consideration of
the covered bill) are waived. The motion to
proceed is not debatable. The motion is not
subject to a motion to postpone. A motion to
reconsider the vote by which the motion is
agreed to or disagreed to shall not be in
order. If a motion to proceed to the
consideration of the covered bill is agreed to,
the covered bill shall remain the unfinished
business until disposed of.
(ii) Debate.--Debate on the covered bill,
and on all debatable motions and appeals in
connection therewith, shall be limited to not
more than 10 hours, which shall be divided
equally between the majority and minority
leaders or their designees. A motion further to
limit debate is in order and not debatable. An
amendment to, or a motion to postpone, or a
motion to proceed to the consideration of other
business, or a motion to recommit the covered
bill is not in order.
(iii) Vote on passage.--The vote on passage
shall occur immediately following the
conclusion of the debate on a covered bill, and
a single quorum call at the conclusion of the
debate if requested in accordance with the
rules of the Senate.
(iv) Rulings of the chair on procedure.--
Appeals from the decisions of the Chair
relating to the application of the rules of the
Senate, as the case may be, to the procedure
relating to a covered bill shall be decided
without debate.
(6) Rules relating to senate and house of
representatives.--
(A) Coordination with action by other house.--If,
before the passage by one House of a covered bill of
that House, that House receives from the other House a
covered bill, then the following procedures shall
apply:
(i) The covered bill of the other House
shall not be referred to a committee.
(ii) With respect to a covered bill of the
House receiving the bill--
(I) the procedure in that House
shall be the same as if no covered bill
had been received from the other House;
but
(II) the vote on passage shall be
on the covered bill of the other House.
(B) Treatment of covered bill of other house.--If
one House fails to introduce or consider a covered bill
under this section, the covered bill of the other House
shall be entitled to expedited floor procedures under
this section.
(C) Treatment of companion measures.--If, following
passage of the covered bill in the Senate, the Senate
then receives the companion measure from the House of
Representatives, the companion measure shall not be
debatable.
(d) Certification of Best Practices.--Not later than 1 year after
the date on which a bill that contains recommended best practices
submitted to Congress under subsection (b) is enacted under the
expedited procedures under subsection (c), and annually thereafter, an
officer of a provider of an interactive computer service may submit a
written certification to the Attorney General stating that the
provider--
(1) has conducted a thorough review of the implementation
and operation of the best practices; and
(2) has a reasonable basis to conclude that review does not
reveal any material non-compliance with the requirements of the
best practices.
(e) Publication of Certified Interactive Computer Service
Providers.--The Attorney General shall maintain on the website of the
Department of Justice a public list of each provider of an interactive
computer service for which a certification has been submitted under
subsection (d).
(f) Civil Investigative Demands.--
(1) Issuance; service; production of material; testimony.--
(A) In general.--Whenever the Attorney General has
reason to believe that an officer of a provider of an
interactive computer service has filed a false
certification under subsection (d), the Attorney
General may issue in writing, and cause to be served
upon the provider, a civil investigative demand
requiring the provider to--
(i) produce any documentary material
relevant to such certification for inspection
and copying;
(ii) answer in writing written
interrogatories with respect to such
documentary material;
(iii) give oral testimony concerning such
documentary material; or
(iv) furnish any combination of such
material, answers, or testimony.
(B) Service.--If a civil investigative demand
issued under subparagraph (A) is an express demand for
any product of discovery, the Attorney General shall--
(i) cause to be served, in any manner
authorized under section 3733 of title 31,
United States Code, a copy of the demand upon
the person from whom the discovery was
obtained; and
(ii) notify the person to whom the demand
is issued of the date on which the copy was
served.
(2) Contents; return date for demand for product of
discovery.--
(A) In general.--Each civil investigative demand
issued under paragraph (1) shall--
(i) state the nature of the Attorney
General's belief that a false certification has
been filed under subsection (d);
(ii) if the demand is for production of
documentary material--
(I) describe the class or classes
of documentary material to be produced
thereunder with such definiteness and
certainty as to permit such material to
be fairly identified;
(II) prescribe a return date or
dates that will provide a reasonable
period of time within which the
material so demanded may be assembled
and made available for inspection and
copying; and
(III) identify the custodian to
whom the material shall be made
available;
(iii) if the demand is for answers to
written interrogatories--
(I) propound with definiteness and
certainty the written interrogatories
to be answered;
(II) prescribe a date or dates at
which time answers to written
interrogatories shall be submitted; and
(III) identify the custodian to
whom the answers shall be submitted;
and
(iv) if the demand is for the giving of
oral testimony--
(I) prescribe a date, time, and
place at which oral testimony shall be
commenced; and
(II) identify--
(aa) an investigator who
shall conduct the examination;
and
(bb) the custodian to whom
the transcript of the
examination shall be submitted.
(B) Return date for product of discovery.--Any
civil investigative demand issued under paragraph (1)
that is an express demand for any product of discovery
shall not be returned or returnable until 20 days after
a copy of the demand has been served upon the person
from whom the discovery was obtained.
(3) Applicability of other provisions.--
(A) In general.--Subject to subparagraph (B),
subsections (b) through (l) of section 3733 of title
31, United States Code, shall apply with respect to a
civil investigative demand issued under paragraph (1)
of this subsection in the same manner as those
subsections apply to a civil investigative demand
issued under subsection (a) of such section 3733.
(B) False claims references.--For purposes of
subparagraph (A), a reference in section 3733 of title
31, United States Code, to--
(i) a violation of a false claims law shall
be deemed to be a reference to the filing of a
false certification under subsection (d) of
this section;
(ii) a false claims law investigation shall
be deemed to be a reference to an inquiry into
whether any person is or has been engaged in
filing a false certification under subsection
(d) of this section; and
(iii) a false claims law investigator shall
be deemed to be a reference to--
(I) any attorney or investigator
employed by the Department of Justice
who is charged with the duty of
enforcing or carrying into effect this
section; or
(II) any officer or employee of the
United States acting under the
direction and supervision of an
attorney or investigator described in
subclause (I) in connection with an
inquiry into whether any person is or
has been engaged in filing a false
certification under subsection (d) of
this section.
SEC. 5. ENFORCEMENT.
(a) Offense.--It shall be unlawful for an officer of a provider of
an interactive computer service to knowingly submit a written
certification under section 4(d) that contains a false statement.
(b) Criminal Penalties.--Any person who violates subsection (a)
shall be fined in accordance with title 18, United States Code,
imprisoned for not more than 2 years, or both.
SEC. 6. EARNING IMMUNITY.
(a) In General.--Section 230(e) of the Communications Act of 1934
(47 U.S.C. 230(e)) is amended by adding at the end the following:
``(6) No effect on child sexual exploitation law.--
``(A) Liability of providers of interactive
computer service.--Nothing in this section (other than
subsection (c)(2)(A)) shall be construed to impair or
limit--
``(i) any claim in a civil action brought
against a provider of an interactive computer
service under section 2255 of title 18, United
States Code, if the conduct underlying the
claim--
``(I) constitutes a violation of
section 2252 or section 2252A of that
title; or
``(II) is considered a violation of
section 2252 or section 2252A of that
title by operation of subsection (a)(2)
of such section 2255;
``(ii) any charge in a criminal prosecution
brought against a provider of an interactive
computer service under State law if the conduct
underlying the charge would constitute a
violation of section 2252 or section 2252A of
title 18, United States Code; or
``(iii) any claim in a civil action brought
against a provider of an interactive computer
service under State law if the conduct
underlying the claim--
``(I) would constitute a violation
of section 2252 or section 2252A of
title 18, United States Code; or
``(II) would be considered a
violation of section 2252 or section
2252A of title 18, United States Code,
for purposes of subsection (a)(1) of
section 2255 of that title, by
operation of subsection (a)(2) of such
section 2255.
``(B) Safe harbor.--Subparagraph (A) shall not
apply to a claim in a civil action or charge in a State
criminal prosecution brought against a provider of an
interactive computer service if--
``(i) an officer of the provider has
elected to certify to the Attorney General
under section 4(d) of the Eliminating Abusive
and Rampant Neglect of Interactive Technologies
Act of 2020 that the provider has implemented,
and is in compliance with, the child sexual
exploitation prevention best practices
contained in a law enacted under the expedited
procedures under section 4(c) of such Act and
such certification was in force at the time of
any alleged acts or omissions that are the
subject of a claim in a civil action or charge
in a State criminal prosecution brought against
such provider; or
``(ii) the provider has implemented
reasonable measures relating to the matters
described in section 4(a)(3) of the Eliminating
Abusive and Rampant Neglect of Interactive
Technologies Act of 2020, subject to the
exceptions authorized under section
4(a)(1)(B)(ii) of that Act, to prevent the use
of the interactive computer service for the
exploitation of minors.''.
(b) Mens Rea for Civil Suits.--Section 2255 of title 18, United
States Code, is amended--
(1) by redesignating subsection (a) as paragraph (1) and
adjusting the margin accordingly;
(2) by inserting before paragraph (1), as so designated,
the following:
``(a) Right of Action.--''; and
(3) in subsection (a), as so designated, by adding at the
end the following:
``(2) Civil remedy for certain activities relating to
material involving the sexual exploitation of minors.--Conduct
by a provider of an interactive computer service (as defined in
section 230 of the Communications Act of 1934 (47 U.S.C. 230))
that would violate section 2252 or section 2252A if that
section were applied by substituting `recklessly' for
`knowingly' each place that term appears shall be considered a
violation of section 2252 or section 2252A for purposes of
paragraph (1) of this subsection.''.
(c) Effective Date.--The amendments made by this section shall--
(1) take effect on the earlier of--
(A) the date that is 1 year after the date on which
a bill that contains best practices submitted under
section 4(b) is enacted under the expedited procedures
under section 4(c); or
(B) the date that is 4 years after the date of
enactment of this Act; and
(2) only apply to a claim in a civil action or charge in a
criminal prosecution brought against a provider of an
interactive computer service if the alleged acts or omissions
occurred after the effective date described in paragraph (1).
SEC. 7. USE OF TERM ``CHILD SEXUAL ABUSE MATERIAL''.
(a) Sense of Congress.--It is the sense of Congress that the term
``child sexual abuse material'' has the same legal meaning as the term
``child pornography'', as that term was used in Federal statutes and
case law before the date of enactment of this Act.
(b) Amendments.--
(1) Title 5, united states code.--Chapter 65 of title 5,
United States Code, is amended--
(A) in section 6502(a)(2)(B), by striking ``child
pornography'' and inserting ``child sexual abuse
material''; and
(B) in section 6504(c)(2)(F), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(2) Homeland security act of 2002.--The Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(A) in section 307(b)(3)(D) (6 U.S.C.
187(b)(3)(D)), by striking ``child pornography'' and
inserting ``child sexual abuse material''; and
(B) in section 890A (6 U.S.C. 473)--
(i) in subsection (b)(2)(A)(ii), by
striking ``child pornography'' and inserting
``child sexual abuse material''; and
(ii) in subsection (e)(3)(B)(ii), by
striking ``child pornography'' and inserting
``child sexual abuse material''.
(3) Immigration and nationality act.--Section 101(a)(43)(I)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)(I)) is amended by striking ``child pornography''
and inserting ``child sexual abuse material''.
(4) Small business jobs act of 2010.--Section 3011(c) of
the Small Business Jobs Act of 2010 (12 U.S.C. 5710(c)) is
amended by striking ``child pornography'' and inserting ``child
sexual abuse material''.
(5) Broadband data improvement act.--Section 214(a)(2) of
the Broadband Data Improvement Act (15 U.S.C. 6554(a)(2)) is
amended by striking ``child pornography'' and inserting ``child
sexual abuse material''.
(6) CAN-SPAM act of 2003.--Section 4(b)(2)(B) of the CAN-
SPAM Act of 2003 (15 U.S.C. 7703(b)(2)(B)) is amended by
striking ``child pornography'' and inserting ``child sexual
abuse material''.
(7) Title 18, united states code.--Title 18, United States
Code, is amended--
(A) in section 1956(c)(7)(D), by striking ``child
pornography'' each place the term appears and inserting
``child sexual abuse material'';
(B) in chapter 110--
(i) in section 2251(e), by striking ``child
pornography'' and inserting ``child sexual
abuse material'';
(ii) in section 2252(b)--
(I) in paragraph (1), by striking
``child pornography'' and inserting
``child sexual abuse material''; and
(II) in paragraph (2), by striking
``child pornography'' and inserting
``child sexual abuse material'';
(iii) in section 2252A--
(I) in the section heading, by
striking ``child pornography'' and
inserting ``child sexual abuse
material'';
(II) in subsection (a)--
(aa) in paragraph (1), by
striking ``child pornography''
and inserting ``child sexual
abuse material'';
(bb) in paragraph (2)--
(AA) in
subparagraph (A), by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material''; and
(BB) in
subparagraph (B), by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material'';
(cc) in paragraph (3), by
striking ``child pornography''
and inserting ``child sexual
abuse material'';
(dd) in paragraph (4)--
(AA) in
subparagraph (A), by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material''; and
(BB) in
subparagraph (B), by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material'';
(ee) in paragraph (5)--
(AA) in
subparagraph (A), by
striking ``an image of
child pornography'' and
inserting ``child
sexual abuse
material''; and
(BB) in
subparagraph (B), by
striking ``an image of
child pornography'' and
inserting ``child
sexual abuse
material''; and
(ff) in paragraph (7)--
(AA) by striking
``child pornography''
and inserting ``child
sexual abuse
material''; and
(BB) by striking
the period at the end
and inserting a comma;
(III) in subsection (b)--
(aa) in paragraph (1), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(bb) in paragraph (2), by
striking ``child pornography''
each place the term appears and
inserting ``child sexual abuse
material''; and
(IV) in subsection (c)--
(aa) in paragraph (1)(A),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(bb) in paragraph (2), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(cc) in the undesignated
matter following paragraph (2),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(V) in subsection (d)(1), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(VI) in subsection (e), by striking
``child pornography'' each place the
term appears and inserting ``child
sexual abuse material'';
(iv) in section 2256(8)--
(I) by striking ``child
pornography'' and inserting ``child
sexual abuse material''; and
(II) by striking the period at the
end and inserting a semicolon;
(v) in section 2257A(h)--
(I) in paragraph (1), by striking
``child pornography'' and inserting
``child sexual abuse material''; and
(II) in paragraph (2), by striking
``child pornography'' and inserting
``child sexual abuse material'';
(vi) in section 2258A--
(I) in subsection (a)(2)--
(aa) in subparagraph (A),
by striking ``child
pornography'' and inserting
``child sexual abuse
material''; and
(bb) in subparagraph (B),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(II) in subsection (b)--
(aa) in paragraph (4)--
(AA) in the
paragraph heading, by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material''; and
(BB) by striking
``child pornography''
and inserting ``child
sexual abuse
material''; and
(bb) in paragraph (5), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(III) in subsection (g)(2)(B), by
striking ``child pornography'' and
inserting ``child sexual abuse
material'';
(vii) in section 2258C--
(I) in the section heading, by
striking ``child pornography'' and
inserting ``child sexual abuse
material'';
(II) in subsection (a)--
(aa) in paragraph (2), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(bb) in paragraph (3), by
striking ``child pornography''
and inserting ``child sexual
abuse material'';
(III) in subsection (d), by
striking ``child pornography visual
depiction'' and inserting ``child
sexual abuse material visual
depiction''; and
(IV) in subsection (e), by striking
``child pornography visual depiction''
and inserting ``child sexual abuse
material visual depiction'';
(viii) in section 2259--
(I) in paragraph (b)(2)--
(aa) in the paragraph
heading, by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(bb) in the matter
preceding subparagraph (A), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(cc) in subparagraph (A),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(II) in subsection (c)--
(aa) in paragraph (1)--
(AA) in the
paragraph heading, by
striking ``Child
pornography'' and
inserting ``Child
sexual abuse
material''; and
(BB) by striking
``child pornography''
each place the term
appears and inserting
``child sexual abuse
material'';
(bb) in paragraph (2), in
the matter preceding
subparagraph (A), by striking
``child pornography'' each
place the term appears and
inserting ``child sexual abuse
material''; and
(cc) in paragraph (3)--
(AA) in the
paragraph heading, by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material''; and
(BB) by striking
``child pornography''
and inserting ``child
sexual abuse
material''; and
(III) in subsection (d)(1)--
(aa) in subparagraph (A)--
(AA) by striking
``child pornography''
each place the term
appears and inserting
``child sexual abuse
material''; and
(BB) by striking
``Child Pornography''
and inserting ``Child
Sexual Abuse
Material'';
(bb) in subparagraph (B),
by striking ``child
pornography'' and inserting
``child sexual abuse
material''; and
(cc) in subparagraph (C)--
(AA) by striking
``child pornography''
and inserting ``child
sexual abuse
material''; and
(BB) by striking
``Child Pornography''
and inserting ``Child
Sexual Abuse
Material'';
(ix) in section 2259A--
(I) in the section heading, by
striking ``child pornography'' and
inserting ``child sexual abuse
material'';
(II) in subsection (a)--
(aa) in paragraph (2), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(bb) in paragraph (3), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(III) in subsection (d)(2)(B), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(x) in section 2259B--
(I) in the section heading, by
striking ``Child pornography'' and
inserting ``Child sexual abuse
material'';
(II) in subsection (a), by striking
``Child Pornography'' each place the
term appears and inserting ``Child
Sexual Abuse Material'';
(III) in subsection (b), by
striking ``Child Pornography'' each
place the term appears and inserting
``Child Sexual Abuse Material'';
(IV) in subsection (c), by striking
``Child Pornography'' and inserting
``Child Sexual Abuse Material''; and
(V) in subsection (d), by striking
``Child Pornography'' and inserting
``Child Sexual Abuse Material'';
(C) in chapter 117--
(i) in section 2423(f)(3), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(ii) in section 2427--
(I) in the section heading, by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(II) by striking ``child
pornography'' and inserting ``child
sexual abuse material'';
(D) in section 2516--
(i) in paragraph (1)(c), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(ii) in paragraph (2), by striking ``child
pornography'' and inserting ``child sexual
abuse material'';
(E) in section 3014(h)(3), by striking ``child
pornography'' and inserting ``child sexual abuse
material'';
(F) in section 3509--
(i) in subsection (a)(6), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(ii) in subsection (m)--
(I) in the subsection heading, by
striking ``Child Pornography'' and
inserting ``Child Sexual Abuse
Material'';
(II) in paragraph (1), by striking
``child pornography'' and inserting
``constitutes a child sexual abuse
material'';
(III) in paragraph (2), by striking
``child pornography'' and inserting
``constitutes a child sexual abuse
material''; and
(IV) in paragraph (3), by striking
``child pornography'' each place the
term appears and inserting ``child
sexual abuse material''; and
(G) in section 3632(d)(4)(D)(xlii), by striking
``child pornography'' and inserting ``child sexual
abuse material''.
(8) Tariff act of 1930.--Section 583(a)(2)(B) of the Tariff
Act of 1930 (19 U.S.C. 1583(a)(2)(B)) is amended by striking
``child pornography'' and inserting ``child sexual abuse
material''.
(9) Elementary and secondary education act of 1965.--
Section 4121 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7131) is amended--
(A) in subsection (a)--
(i) in paragraph (1)(A)(ii), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(ii) in paragraph (2)(A)(ii), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(B) in subsection (e)(5)--
(i) in the paragraph heading, by striking
``Child pornography'' and inserting ``Child
sexual abuse material''; and
(ii) by striking ``child pornography'' and
inserting ``child sexual abuse material''.
(10) Museum and library services act.--Section 224(f) of
the Museum and Library Services Act (20 U.S.C. 9134(f)) is
amended--
(A) in paragraph (1)--
(i) in subparagraph (A)(i)(II), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(ii) in subparagraph (B)(i)(II), by
striking ``child pornography'' and inserting
``child sexual abuse material''; and
(B) in paragraph (7)(A)--
(i) in the subparagraph heading, by
striking ``Child pornography'' and inserting
``Child sexual abuse material''; and
(ii) by striking ``child pornography'' and
inserting ``child sexual abuse material''.
(11) Omnibus crime control and safe streets act of 1968.--
Section 3031(b)(3) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10721(b)(3)) is amended by
striking ``child pornography'' and inserting ``child sexual
abuse material''.
(12) Juvenile justice and delinquency prevention act of
1974.--Section 404(b)(1)(K) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K))
is amended--
(A) in clause (i)(I)(aa), by striking ``child
pornography'' and inserting ``child sexual abuse
material''; and
(B) in clause (ii), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(13) Victims of crime act of 1984.--Section 1402(d)(6)(A)
of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)(6)(A))
is amended by striking ``Child Pornography'' and inserting
``Child Sexual Abuse Material''.
(14) Victims of child abuse act of 1990.--The Victims of
Child Abuse Act of 1990 (34 U.S.C. 20301 et seq.) is amended--
(A) in section 212(4) (34 U.S.C. 20302(4)), by
striking ``child pornography'' and inserting ``child
sexual abuse material'';
(B) in section 214(b) (34 U.S.C. 20304(b))--
(i) in the subsection heading, by striking
``Child Pornography'' and inserting ``Child
Sexual Abuse Material''; and
(ii) by striking ``child pornography'' and
inserting ``child sexual abuse material''; and
(C) in section 226(c)(6) (34 U.S.C. 20341(c)(6)),
by striking ``child pornography'' and inserting ``child
sexual abuse material''.
(15) Sex offender registration and notification act.--
Section 111 of the Sex Offender Registration and Notification
Act (34 U.S.C. 20911) is amended--
(A) in paragraph (3)(B)(iii), by striking ``child
pornography'' and inserting ``child sexual abuse
material''; and
(B) in paragraph (7)(G), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(16) Adam walsh child protection and safety act of 2006.--
Section 143(b)(3) of the Adam Walsh Child Protection and Safety
Act of 2006 (34 U.S.C. 20942(b)(3)) is amended by striking
``child pornography'' and inserting ``child sexual abuse
material''.
(17) PROTECT our children act of 2008.--Section
105(e)(1)(C) of the PROTECT Our Children Act of 2008 (34 U.S.C.
21115(e)(1)(C)) is amended by striking ``child pornography''
and inserting ``child sexual abuse material''.
(18) Social security act.--Section 471(a)(20)(A)(i) of the
Social Security Act (42 U.S.C. 671(a)(20)(A)(i)) is amended by
striking ``child pornography'' and inserting ``offenses
involving child sexual abuse material''.
(19) Privacy protection act of 1980.--Section 101 of the
Privacy Protection Act of 1980 (42 U.S.C. 2000aa) is amended--
(A) in subsection (a)(1), by striking ``child
pornography'' and inserting ``child sexual abuse
material''; and
(B) in subsection (b)(1), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(20) Child care and development block grant act of 1990.--
Section 658H(c)(1) of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858f(c)(1)) is amended--
(A) in subparagraph (D)(iii), by striking ``child
pornography'' and inserting ``offenses relating to
child sexual abuse material''; and
(B) in subparagraph (E), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(21) Communications act of 1934.--Title II of the
Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended--
(A) in section 223 (47 U.S.C. 223)--
(i) in subsection (a)(1)--
(I) in subparagraph (A), in the
undesignated matter following clause
(ii), by striking ``child pornography''
and inserting ``which constitutes child
sexual abuse material''; and
(II) in subparagraph (B), in the
undesignated matter following clause
(ii), by striking ``child pornography''
and inserting ``which constitutes child
sexual abuse material''; and
(ii) in subsection (d)(1), in the
undesignated matter following subparagraph (B),
by striking ``child pornography'' and inserting
``that constitutes child sexual abuse
material''; and
(B) in section 254(h) (47 U.S.C. 254(h))--
(i) in paragraph (5)--
(I) in subparagraph (B)(i)(II), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(II) in subparagraph (C)(i)(II), by
striking ``child pornography'' and
inserting ``child sexual abuse
material'';
(ii) in paragraph (6)--
(I) in subparagraph (B)(i)(II), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(II) in subparagraph (C)(i)(II) by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(iii) in paragraph (7)(F)--
(I) in the subparagraph heading, by
striking ``Child pornography'' and
inserting ``Child sexual abuse
material''; and
(II) by striking ``child
pornography'' and inserting ``child
sexual abuse material''.
(c) Table of Sections Amendments.--
(1) Chapter 110 of title 18.--The table of sections for
chapter 110 of title 18, United States Code, is amended--
(A) by striking the item relating to section 2252A
and inserting the following:
``2252A. Certain activities relating to material constituting or
containing child sexual abuse material.'';
(B) by striking the item relating to section 2258C
and inserting the following:
``2258C. Use to combat child sexual abuse material of technical
elements relating to reports made to the
CyberTipline.'';
(C) by striking the item relating to section 2259A
and inserting the following:
``2259A. Assessments in child sexual abuse material cases.'';
and
(D) by striking the item relating to section 2259B
and inserting the following:
``2259B. Child sexual abuse materials victims reserve''.
(2) Chapter 117 of title 18.--The table of sections for
chapter 117 of title 18, United States Code, is amended by
striking the item relating to section 2427 and inserting the
following:
``2427. Inclusion of offenses relating to child sexual abuse material
in definition of sexual activity for which
any person can be charged with a criminal
offense.''.
SEC. 8. MODERNIZING THE CYBERTIPLINE.
Chapter 110 of title 18, United States Code, is amended--
(1) in section 2258A--
(A) in subsection (a)--
(i) in paragraph (1)(B)(ii), by inserting
after ``facts or circumstances'' the following:
``, including any available facts or
circumstances sufficient to identify and locate
each minor and each involved individual,''; and
(ii) in paragraph (2)(A)--
(I) by inserting ``1591 (if the
violation involves a minor),'' before
``2251,''; and
(II) by striking ``or 2260'' and
inserting ``2260, or 2422(b)'';
(B) in subsection (b)--
(i) in paragraph (1)--
(I) by inserting ``or location''
after ``identity''; and
(II) by striking ``other
identifying information,'' and
inserting ``other information which may
identify or locate the involved
individual,'';
(ii) by redesignating paragraphs (2)
through (5) as paragraphs (3) through (6),
respectively;
(iii) by inserting after paragraph (1) the
following:
``(2) Information about the involved minor.--Information
relating to the identity or location of any involved minor,
which may, to the extent reasonably practicable, include the
electronic mail address, Internet Protocol address, uniform
resource locator, or any other information which may identify
or locate any involved minor, including self-reported
identifying information.''; and
(iv) by adding at the end the following:
``(7) Formatting of reports.--When in its discretion a
provider voluntarily includes any content described in this
subsection in a report to the CyberTipline, the provider shall
use best efforts to ensure that the report conforms with the
structure of the CyberTipline.''; and
(C) in subsection (d)(5)(B)--
(i) in clause (i), by striking
``forwarded'' and inserting ``made available'';
and
(ii) in clause (ii), by striking
``forwarded'' and inserting ``made available'';
(2) in section 2258B(a)--
(A) by striking ``arising from the performance''
and inserting the following: ``, may not be brought in
any Federal or State court if the claim or charge
arises from--
``(1) the performance'';
(B) in paragraph (1), as so designated, by striking
``may not be brought in any Federal or State court.''
and inserting a semicolon; and
(C) by adding at the end the following:
``(2) compliance with a search warrant, court order, or
other legal process; or
``(3) research voluntarily undertaken by the provider or
domain name registrar using any material being preserved under
section 2258A(h), if the research is only for the purpose of--
``(A) improving or facilitating reporting under
this section, section 2258A, or section 2258C; or
``(B) stopping the online sexual exploitation of
children.''; and
(3) in section 2258C--
(A) in the section heading, by striking ``the
CyberTipline'' and inserting ``NCMEC'';
(B) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``NCMEC'' and
inserting the following:
``(A) Provision to providers.--NCMEC'';
(II) in subparagraph (A), as so
designated, by inserting ``or
submission to the child victim
identification program described in
section 404(b)(1)(K)(ii) of the
Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii))'' after
``CyberTipline report''; and
(III) by adding at the end the
following:
``(B) Provision to non-profit entities.--NCMEC may
provide hash values or similar technical identifiers
associated with visual depictions provided in a
CyberTipline report or submission to the child victim
identification program described in section
404(b)(1)(K)(ii) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii)) to a non-profit entity for the sole
and exclusive purpose of preventing and curtailing the
online sexual exploitation of children.''; and
(ii) in paragraph (2)--
(I) by inserting ``(A)'' after
``(1)'';
(II) by inserting ``or submission
to the child victim identification
program described in section
404(b)(1)(K)(ii) of the Juvenile
Justice and Delinquency Prevention Act
of 1974 (34 U.S.C.
11293(b)(1)(K)(ii))'' after
``CyberTipline report''; and
(III) by adding at the end the
following: ``The elements authorized
under paragraph (1)(B) shall be limited
to hash values or similar technical
identifiers associated with visual
depictions provided in a CyberTipline
report or submission to the child
victim identification program described
in section 404(b)(1)(K)(ii) of the
Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii)).''; and
(C) in subsection (d), by inserting ``or to the
child victim identification program described in
section 404(b)(1)(K)(ii) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii))'' after ``CyberTipline''.
SEC. 9. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act shall be
construed to require a provider of an interactive computer service to
search, screen, or scan for instances of online child sexual
exploitation.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
SEC. 11. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
any application of such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of the
provisions of this Act and the amendments made by this Act, and the
application of the provision or amendment to any other person or
circumstance, shall not be affected.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
Committee on the Judiciary. Hearings held.
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on the Judiciary. Reported by Senator Graham with an amendment in the nature of a substitute. Without written report.
Committee on the Judiciary. Reported by Senator Graham with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 491.
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