II 

116TH CONGRESS 

2D SESSION S. 5054 

To prevent the uploading of pornographic images to online platforms without 

the consent of the individuals in the images. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 17, 2020 

Mr. MERKLEY (for himself and Mr. SASSE) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To prevent the uploading of pornographic images to online 

platforms without the consent of the individuals in the 

images. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Internet Sexual 

5 Exploitation Act’’. 

6 SEC. 2. DEFINITIONS. 

7 (a) IN GENERAL.—In this Act— 

8 (1) the term ‘‘Commission’’ means the Federal 

9 Trade Commission; 


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1 (2) the term ‘‘covered platform’’ means an on2 line platform that hosts and makes available to the 

3 general public pornographic images; and 

4 (3) the term ‘‘pornographic image’’ means any 

5 visual depiction, including any photograph, film, 

6 video, picture, or computer or computer-generated 

7 image or picture, whether made or produced by elec8 tronic, mechanical, or other means, of sexually ex9 plicit conduct. 

10 (b) TERMS DEFINED IN SECTION 2256 OF TITLE 18, 

11 UNITED STATES CODE.—For purposes of subsection 

12 (a)(3), the terms ‘‘computer’’, ‘‘sexually explicit conduct’’, 

13 and ‘‘visual depiction’’ have the meanings given those 

14 terms in section 2256 of title 18, United States Code. 

15 SEC. 3. DUTIES OF ONLINE PLATFORMS THAT HOST POR16 NOGRAPHY. 

17 (a) UPLOAD REQUIREMENTS.— 

18 (1) IN GENERAL.—A covered platform shall re19 quire any user who uploads a pornographic image to 

20 the platform to— 

21 (A) verify— 

22 (i) the identity of the user; and 

23 (ii) that the user is not less than the 

24 minimum age required to consent to sexual 


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1 acts under the law of the State in which 

2 the user resides; and 

3 (B) upload a signed consent form from 

4 each individual appearing in the pornographic 

5 image that includes— 

6 (i) the name and electronic signature 

7 of the individual; 

8 (ii) a statement that the consent is for 

9 distribution of the specific pornographic 

10 image; and 

11 (iii) the geographic area for which the 

12 individual consents to distribution of the 

13 pornographic image. 

14 (2) EFFECTIVE DATE; APPLICABILITY.—Para15 graph (1) shall— 

16 (A) take effect on the date that is 14 days 

17 after the date of enactment of this Act; and 

18 (B) apply to any pornographic image 

19 uploaded to a covered platform before, on, or 

20 after that effective date. 

21 (b) MEANS OF REMOVAL.— 

22 (1) NOTICE.—A covered platform shall display 

23 a notice on the website or mobile application of the 

24 platform, in the form of a prominently visible ban25 ner, that provides instructions on how an individual 


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1 or an authorized representative of an individual, or 

2 a law enforcement officer, can request removal of a 

3 pornographic image from the platform, including 

4 through the hotline required under paragraph (2), if 

5 the individual appears in the pornographic image 

6 and has not consented to the pornographic image 

7 being uploaded to the platform. 

8 (2) HOTLINE.— 

9 (A) IN GENERAL.—A covered platform 

10 shall operate a 24-hour telephone hotline that 

11 an individual or an authorized representative of 

12 an individual, or a law enforcement officer, can 

13 contact to request removal of a pornographic 

14 image from the platform if the individual ap15 pears in the pornographic image and has not 

16 consented to the pornographic image being 

17 uploaded to the platform. 

18 (B) FRAUDULENT CLAIMS.—It shall be un19 lawful for an individual to abuse a hotline de20 scribed in subparagraph (A) by submitting 

21 fraudulent claims. 

22 (3) TIMING OF REMOVAL.—If a covered plat23 form receives notice through any mechanism offered 

24 by the platform as described in paragraph (1) that 

25 a pornographic image has been uploaded to the platVerDate Sep 11 2014 03:59 Jan 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5054.IS S5054

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1 form without the consent of an individual who ap2 pears in the pornographic image, the platform shall 

3 remove the pornographic image from the platform as 

4 quickly as possible, and in any event not later than 

5 2 hours after receiving the notice. 

6 (c) PROHIBITION ON DOWNLOADS.—On and after the 

7 date that is 90 days after the date of enactment of this 

8 Act, a covered platform may not permit the download to 

9 a retrievable data file of any pornographic image from the 

10 platform. 

11 (d) BLOCKING RE-UPLOADS.—On and after the date 

12 that is 180 days after the date of enactment of this Act, 

13 a covered platform shall block any pornographic image 

14 that has been removed from the platform in accordance 

15 with this section from being re-uploaded to the platform. 

16 (e) ENFORCEMENT BY FEDERAL TRADE COMMIS17 SION.— 

18 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC19 TICES.—A violation of this section shall be treated 

20 as a violation of a rule defining an unfair or decep21 tive act or practice under section 18(a)(1)(B) of the 

22 Federal Trade Commission Act (15 U.S.C. 

23 57a(a)(1)(B)). 

24 (2) POWERS OF COMMISSION.— 


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1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (C), the Commission shall enforce 

3 this section in the same manner, by the same 

4 means, and with the same jurisdiction, powers, 

5 and duties as though all applicable terms and 

6 provisions of the Federal Trade Commission 

7 Act (15 U.S.C. 41 et seq.) were incorporated 

8 into and made a part of this Act. 

9 (B) PRIVILEGES AND IMMUNITIES.—Ex10 cept as provided in subparagraph (C), any per11 son who violates this section shall be subject to 

12 the penalties and entitled to the privileges and 

13 immunities provided in the Federal Trade Com14 mission Act (15 U.S.C. 41 et seq.). 

15 (C) NONPROFIT ORGANIZATIONS AND COM16 MON CARRIERS.—Notwithstanding section 4, 

17 5(a)(2), or 6 of the Federal Trade Commission 

18 Act (15 U.S.C. 44, 45(a)(2), 46) or any juris19 dictional limitation of the Commission, the 

20 Commission shall also enforce this section, in 

21 the same manner provided in subparagraphs 

22 (A) and (B) of this paragraph, with respect 

23 to— 


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1 (i) organizations not organized to 

2 carry on business for their own profit or 

3 that of their members; and 

4 (ii) common carriers subject to the 

5 Communications Act of 1934 (47 U.S.C. 

6 151 et seq.) and any Act amendatory 

7 thereof or supplementary thereto. 

8 (3) SUBSTANTIAL COMPLIANCE.—The Commis9 sion may elect not to enforce a violation of this sec10 tion by a covered platform that has demonstrated 

11 substantial compliance with this section. 

12 SEC. 4. DATABASE. 

13 (a) ESTABLISHMENT.—Not later than 90 days after 

14 the date of enactment of this Act, the Attorney General 

15 shall establish a database of individuals who have indi16 cated that they do not consent to the uploading to any 

17 covered platform of any pornographic images in which the 

18 individuals appear. 

19 (b) PERSONALLY IDENTIFIABLE INFORMATION.— 

20 The Attorney General shall protect the personally identifi21 able information of any individual listed in the database 

22 established under subsection (a). 

23 (c) VERIFICATION BY PLATFORMS REQUIRED.—Be24 fore allowing a pornographic image to be uploaded to a 

25 covered platform, the platform shall ensure that no indiVerDate Sep 11 2014 03:59 Jan 09, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S5054.IS S5054

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1 vidual who appears in the pornographic image is listed in 

2 the database established under subsection (a). 

3 (d) CIVIL PENALTY.— 

4 (1) IN GENERAL.—The Attorney General shall 

5 impose a civil penalty on any covered platform that 

6 violates subsection (c) in an amount of not more 

7 than $1,000 for each day or fraction thereof during 

8 which a pornographic image is hosted on the plat9 form in violation of that subsection. 

10 (2) USE OF FUNDS.—The Attorney General 

11 shall use the proceeds of a civil penalty imposed 

12 under paragraph (1) for services to individuals 

13 whose image is uploaded to a covered platform in 

14 violation of this Act. 

15 (e) REGULATIONS.—Not later than 90 days after the 

16 date of enactment of this Act, the Attorney General shall 

17 promulgate regulations specifying— 

18 (1) where the database established under sub19 section (a) will be housed; and 

20 (2) an entity, whether an office of the Depart21 ment of Justice or a nonprofit organization that re22 ceives a grant from the Department, that can con23 nect individuals listed in the database with services, 

24 including mental health counseling, medical treat25 ment, and legal services. 


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1 SEC. 5. PRIVATE RIGHT OF ACTION. 

2 (a) IN GENERAL.—If a user of a covered platform 

3 uploads a pornographic image of an individual to the plat4 form without the consent of the individual, the individual 

5 may bring a civil action against the user in an appropriate 

6 district court of the United States. 

7 (b) STRICT LIABILITY.—In a civil action brought 

8 against a user of a covered platform under subsection (a), 

9 unless the user can prove bona fide consent from the plain10 tiff, the user shall be strictly liable to the plaintiff. 

11 SEC. 6. RELATION TO COMMUNICATIONS DECENCY ACT. 

12 Nothing in this Act shall be construed to affect sec13 tion 230 of the Communications Act of 1934 (47 U.S.C. 

14 230). 

Æ 


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