Remove Explicit Material Offensive to Victims Expeditiously Act of 2018

Summary: Remove Explicit Material Offensive to Victims Expeditiously Act of 2018 or the REMOVE Act This bill requires the Federal Trade Commission to prescribe rules for the creation of a public website where an individual may: (1) obtain information regarding the existence of sexually-intimate imagery depicting such individual, submitted by a registered interactive computer-service provider; and (2) submit a takedown-request form. If the form meets specified requirements, a designated agent of a provider must review and remove the imagery from the interactive computer service.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Remove Explicit Material Offensive 
to Victims Expeditiously Act of 2018'' or the ``REMOVE Act''.

SEC. 2. CONGRESSIONAL FINDINGS.

    Congress finds the following:
            (1) The Internet and other communications technologies have 
        generated tremendous benefits for consumers and businesses 
        across all sectors of society. The United States is a world 
        leader in harnessing these benefits to advance the social and 
        economic well-being of its citizens. It is vital that U.S. law 
        and policy support these advances and do not unduly restrict 
        innovation or inhibit beneficial uses of these technologies.
            (2) Like all technologies, the Internet and other 
        communications technologies can be misused by malicious actors. 
        These actors often target those in society who are most 
        vulnerable, including children, the elderly, and those whose 
        circumstances make them particularly susceptible to fraud, 
        harassment, or abuse.
            (3) In recent years, there has been a dramatic increase in 
        the nonconsensual online distribution of images depicting the 
        exposure of adult individuals' intimate body parts or depicting 
        adult individuals engaged in sexually explicit conduct. In many 
        cases, these adult individuals either did not consent to the 
        creation of this imagery, or had a reasonable expectation that 
        such material would remain private.
            (4) The nonconsensual distribution of sexually intimate 
        imagery constitutes a gross violation of personal privacy and 
        human dignity. This distribution can have devastating impacts 
        on individuals depicted in such imagery, including on their 
        professional lives, personal relationships, personal safety, 
        and emotional well-being. Persons who intentionally distribute 
        private, sexually intimate imagery often do so to humiliate, 
        degrade, harass, threaten, or extort the individuals depicted.
            (5) In some cases, the nonconsensual distribution of 
        sexually intimate imagery may violate Federal or State civil or 
        criminal law. In this regard, Congress notes efforts by the 
        Federal Trade Commission to address the nonconsensual 
        distribution of sexually explicit images through its powers 
        under the Federal Trade Commission Act.
            (6) Those who perpetrate the nonconsensual distribution of 
        sexually intimate images often rely on interactive computer 
        services to facilitate such distribution. This conduct may 
        violate the terms of service or other terms imposed by 
        providers of these services. Many providers have adopted 
        policies, standards and procedures pursuant to which they will 
        remove or block access to nonconsensual sexually intimate 
        images upon notice.
            (7) It is in the public interest to incentivize providers 
        of interactive computer services to adopt and enforce policies 
        that are reasonably calculated to remove or block access 
        through their services to sexually intimate imagery that has 
        been distributed without the consent of one or more individuals 
        depicted in that imagery.

SEC. 3. REQUIREMENT TO REMOVE NONCONSENSUAL SEXUALLY INTIMATE IMAGERY.

    (a) Rules Required.--Not later than 1 year after the date of the 
enactment of this Act, the Commission shall prescribe rules in 
accordance with section 553 of title 5, United States Code, that 
require the following:
            (1) Publication of registrations.--The Commission to create 
        and maintain a dedicated web page or other online resource, 
        located within or accessible through the public-facing website 
        of the Commission, through which individuals may obtain the 
        information submitted by registered providers in accordance 
        with paragraph (2).
            (2) Provider registration requirements.--A provider to 
        submit a registration with the Commission by providing the 
        following:
                    (A) Current and accurate contact details of a 
                single agent, designated to receive the takedown 
                request form described in subsection (b), who is 
                authorized to act on the provider's behalf, including 
                the employment title or division, email address or 
                other online contact information, and telephone number 
                of the agent.
                    (B) The URL of the location at which an individual 
                may obtain access to and submit to the designated agent 
                of a provider a takedown request form that meets the 
                requirements of subsection (b).
            (3) Registration by commission.--Not later than 7 calendar 
        days after the date on which the Commission receives a 
        registration that meets the requirements of paragraph (2), the 
        Commission to register the provider by publishing the 
        registration in accordance with paragraph (1).
            (4) Removal of nonconsensual sexually intimate imagery.--A 
        designated agent of a provider to expeditiously review and 
        remove sexually intimate imagery if requested by an individual 
        identifiable in the imagery if--
                    (A) a takedown request form that meets the 
                requirements of subsection (b) is submitted to the 
                designated agent of the provider;
                    (B) the designated agent of the provider can 
                identify the imagery with reasonable certainty; and
                    (C) the imagery was produced in a location with a 
                reasonable expectation of privacy.
            (5) Standardized sexually intimate takedown request form.--
        The Commission to provide on its public-facing web page or 
        online resource as required under paragraph (1) access to a 
        standardized sexually intimate takedown request form that meets 
        the requirements of subsection (b).
            (6) General guidance.--The Commission to develop and 
        implement a comprehensive awareness and educational campaign 
        designed to--
                    (A) provide guidance for providers that lack a 
                process to expeditiously remove sexually intimate 
                imagery from their services; and
                    (B) inform Internet users about the resources made 
                available to them by providers to request removal of a 
                sexually intimate images that have been distributed 
                without the consent of one or more individuals depicted 
                in such images.
            (7) Penalty for noncompliance.--Penalties for a violation 
        of this Act or any rule prescribed under this Act--
                    (A) that are commensurate with the circumstance of 
                the offense taking into account the totality of the 
                circumstances;
                    (B) that are greater for repeat offenders; and
                    (C) that are greater if the provider solicited the 
                nonconsensual sexually intimate imagery or profited 
                from the posting of such imagery.
    (b) Requirements of Sexually Intimate Takedown Request Form.--A 
sexually intimate takedown request form satisfies the requirements of 
this subsection if the form requires an individual seeking removal of 
sexually intimate imagery distributed without consent of the submitter 
that is available or accessible through a provider's service to submit 
the following information in writing to the designated agent of the 
provider as described under subsection (a)(2)(A):
            (1) A URL for each location where a sexually intimate image 
        depicting the submitter appears on the provider's service.
            (2) An affirmation that the submitter had a reasonable 
        expectation of privacy in the location in which each image was 
        taken or recorded.
            (3) A description of any other private information that 
        appears in the images.
            (4) An affirmation that the submitter did not consent to 
        the distribution of the images on the provider's service.
            (5) A statement about whether the submitter has sought one 
        or more protective measures in connection with any individual 
        who took or recorded the images, any other individual who 
        appears in the images, or any individual responsible for the 
        distribution of the images.
            (6) An attestation that the submitter appears in the images 
        and that all information provided in the takedown request form 
        is true and accurate to the best of the submitter's knowledge.
    (c) Incentives for Responsible Provider Action.--
            (1) In general.--No cause of action shall lie in any court 
        against any provider (including any officer, employee, or 
        agent) if the provider meets the registration requirements 
        under subsection (a)(2)--
                    (A) for any decision about whether to remove 
                sexually intimate images that the provider makes in a 
                good-faith response to the submission of a takedown 
                request form that meets the requirements of subsection 
                (b); and
                    (B) based on any knowledge obtained in the course 
                of the provider's good-faith processing of an 
                individual's takedown request form if--
                            (i) the Commission has registered the 
                        provider under subsection (a)(3); and
                            (ii) the provider adheres to a publicly 
                        accessible policy reasonably calculated to 
                        remove or disable access through the services 
                        of the provider to the sexually intimate images 
                        that have been distributed without the consent 
                        of one or more individuals who appear in the 
                        images.
            (2) Policy defined.--In this subsection, the term 
        ``policy'' means a publicly accessible document that describes 
        how an individual may submit a takedown request for sexually 
        intimate imagery, which may be included in the terms of 
        service, a statement of community standards, or other document.
            (3) Rule of construction.--Paragraph (1) shall not be 
        construed to--
                    (A) impair the enforcement of any Federal criminal 
                statute;
                    (B) limit or expand any law pertaining to 
                intellectual property;
                    (C) limit or expand section 230(c)(1) of the 
                Communications Act of 1934 (47 U.S.C. 230(c)(1)); or
                    (D) subject a provider that meets the requirements 
                under subsection (a)(2) to civil liability under State 
                law for not removing sexually intimate imagery.

SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.

    (a) Unfair or Deceptive Acts or Practices.--A violation of a rule 
prescribed under section 3(a) shall be treated as a violation of a rule 
prescribed under section 18(a)(1)(B) of the Federal Trade Commission 
Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or 
practices.
    (b) Powers of Commission.--The Commission shall enforce the rules 
prescribed under section 3(a) in the same manner, by the same means, 
and with the same jurisdiction, powers, and duties as though all 
applicable terms and provisions of the Federal Trade Commission Act (15 
U.S.C. 41 et seq.) were incorporated into and made a part of this Act. 
Any violation of such a rule shall be subject to the penalties and 
entitled to the privileges and immunities provided in the Federal Trade 
Commission Act.

SEC. 5. STUDY BY THE COMMISSION.

    (a) Evaluation.--Not later than 5 years after the date of the 
enactment of this Act, the Commission shall conduct a study and submit 
to Congress a report that--
            (1) provides a detailed analysis of the effectiveness of 
        the takedown request policies and procedures of providers that 
        have registered with the Commission under section 3;
            (2) evaluates whether these policies and procedures have 
        had a material impact in diminishing the public availability 
        of, and access to, sexually intimate images distributed without 
        the consent of one or more individuals appearing in such 
        images; and
            (3) makes recommendations to Congress, as appropriate, on 
        ways in which the provisions of this Act should be updated to 
        take account of new technologies or new avenues through which 
        such sexually intimate images are distributed.
    (b) Stakeholder Input.--The Commission shall prepare the study 
required under subsection (a) by working with industry, victim and 
victim support groups, and other stakeholders.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Image; imagery.--The term ``image'' or ``imagery'' 
        means a photograph, film, video, or other reprographic 
        representation of an individual, whether recorded or live.
            (3) Interactive computer service.--The term ``interactive 
        computer service'' has the meaning given that term in section 
        230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
            (4) Protective measure.--The term ``protective measure'' 
        means a restraining order, court order, police report, contact 
        with an appropriate victim's advocacy organization, or other 
        measure or conduct reasonably intended to protect the 
        individual seeking the measure against another individual 
        responsible for or associated with a sexually intimate image 
        that is the subject of a takedown request form.
            (5) Provider.--The term ``provider'' means a provider of an 
        interactive computer service.
            (6) Sexually explicit conduct.--The term ``sexually 
        explicit conduct'' has the meaning given that term in section 
        2256(2)(A) of title 18, United States Code.
            (7) Single agent.--The term ``single agent'' means one 
        individual or entity authorized by a provider pursuant to 
        section 3(a)(2)(A), which may include an individual, a specific 
        position or title held by an individual, a specific department 
        within the provider's organization, or a third-party entity.
            (8) Sexually intimate image; sexually intimate imagery.--
        The terms ``sexually intimate image'' and ``sexually intimate 
        imagery'' mean an image of a individual that depicts--
                    (A) a nude intimate body part; or
                    (B) sexually explicit conduct.
            (9) Submitter.--The term ``submitter'' means the individual 
        who submits a sexually intimate image takedown request form to 
        a provider.
            (10) Takedown request.--The term ``takedown request'' means 
        a request to remove or block access to a sexually intimate 
        image that depicts the individual submitting the request but 
        was distributed without the explicit consent of the individual 
        to public distribution.
            (11) URL.--The term ``URL'' means the address of an 
        Internet web page or an item generally available on the 
        Internet, such as a file.