II 

118TH CONGRESS 

1ST SESSION S. 823 

To hold social media companies liable for hosting or distributing child sexual 

abuse material. 

IN THE SENATE OF THE UNITED STATES 

MARCH 15, 2023 

Mr. HAWLEY introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To hold social media companies liable for hosting or 

distributing child sexual abuse material. 

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 ‘‘Everyone can Notice5 and-Takedown Distribution of Child Sexual Abuse Mate6 rial Act’’ or the ‘‘END CSAM Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) CHILD SEXUAL ABUSE MATERIAL.—The 

10 term ‘‘child sexual abuse material’’ has the meaning 


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1 given the term ‘‘child pornography’’ in section 2256 

2 of title 18, United States Code. 

3 (2) COVERED INTERACTIVE COMPUTER SERV4 ICE.—The term ‘‘covered interactive computer serv5 ice’’ means an interactive computer service— 

6 (A) provided through a website, online ap7 plication, or mobile application (including a sin8 gle interactive computer service that is provided 

9 through more than one such website or applica10 tion); 

11 (B) through which information provided by 

12 another information content provider is distrib13 uted; 

14 (C) that enables an individual user to cre15 ate an account for the purpose of viewing, gen16 erating, or modifying content that can be 

17 viewed, shared, or otherwise interacted with by 

18 other third-party users of the interactive com19 puter service; and 

20 (D) that does not have peer-to-peer mes21 saging as its principal function. 

22 (3) INTERACTIVE COMPUTER SERVICE.—The 

23 term ‘‘interactive computer service’’ has the meaning 

24 given the term in section 230 of the Communica25 tions Act of 1934 (47 U.S.C. 230). 


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1 (4) MINOR.—The term ‘‘minor’’ has the mean2 ing given the term in section 2256 of title 18, 

3 United States Code. 

4 (5) SOCIAL MEDIA COMPANY.—The term ‘‘social 

5 media company’’— 

6 (A) means a company that provides, in or 

7 affecting interstate or foreign commerce, a cov8 ered interactive computer service; and 

9 (B) does not include an organization de10 scribed in section 501(c) of the Internal Rev11 enue Code of 1986 and exempt from taxation 

12 under section 501(a) of such Code. 

13 SEC. 3. CIVIL LIABILITY FOR SOCIAL MEDIA COMPANIES 

14 HOSTING PROHIBITED CONTENT. 

15 (a) PROHIBITION.—It shall be unlawful for a social 

16 media company to knowingly or recklessly host or dis17 tribute child sexual abuse material. 

18 (b) CIVIL PENALTY.—A social media company that 

19 violates subsection (a) shall be liable to the United States 

20 Government for a civil penalty of not less than $100,000 

21 and not more than $500,000, in accordance with this Act. 

22 SEC. 4. NOTICE PROCESS FOR COMPANIES HOSTING PRO23 HIBITED CONTENT. 

24 (a) IN GENERAL.—A social media company shall— 


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1 (1) provide a notice process for persons to make 

2 the company aware that the company is hosting or 

3 distributing content in apparent violation of section 

4 3(a); and 

5 (2)(A) designate an agent of the company to re6 ceive notice under the notice process described in 

7 paragraph (1); and 

8 (B) make available on the website, web service, 

9 or web application of the company, in a location ac10 cessible to the public, the name, address, phone 

11 number, and electronic mail address of the agent 

12 designated under subparagraph (A). 

13 (b) NOTICE PROCESS REQUIREMENTS.—The notice 

14 process required under subsection (a) shall readily enable 

15 a person to provide to the agent designated under sub16 section (a)(2) substantially the following: 

17 (1) Identification of each visual depiction 

18 claimed to be child sexual abuse material. 

19 (2) Information reasonably sufficient to permit 

20 the agent receiving the notice to contact the person, 

21 such as an address, telephone number, or electronic 

22 mail address. 

23 (3) A brief statement that— 

24 (A) affirms that the person has a good 

25 faith belief that each visual depiction described 


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1 in paragraph (1) is child sexual abuse material; 

2 and 

3 (B) explains why the person has that be4 lief. 

5 (c) LIABILITY PROTECTION FOR DISABLING ACCESS

6 TO OR REMOVING VISUAL DEPICTION.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), a social media company shall not be liable 

9 for any claim based on the company’s good faith dis10 abling of access to, or removal of, a visual depiction 

11 that the company believes is child sexual abuse ma12 terial. 

13 (2) NO PROTECTION FOR DISABLING ACCESS OR

14 REMOVING MORE THAN 10 DAYS AFTER RECEIVING

15 NOTICE.—Paragraph (1) shall not apply with respect 

16 to a visual depiction that a social media company 

17 disables access to or removes if the company— 

18 (A) was notified about the visual depiction 

19 under the notice process required under sub20 section (a); and 

21 (B) failed to disable access to or remove 

22 the visual depiction during the 10-day period 

23 beginning on the date of the notice described in 

24 subparagraph (A). 


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1 (d) LACK OF NOTICE NOT AN EXCUSE FOR VIOLA2 TION.—It shall not be a defense to an alleged violation 

3 of section 3(a) that a social media company did not receive 

4 notice of the alleged violation under the notice process re5 quired under subsection (a) of this section. 

6 (e) DETERMINATION BY SOCIAL MEDIA COMPANY

7 THAT VISUAL DEPICTION IS NOT CHILD SEXUAL ABUSE

8 MATERIAL.—If a social media company receives notice of 

9 an alleged violation of section 3(a) under the notice proc10 ess required under subsection (a) of this section and deter11 mines that the content alleged to be hosted or distributed 

12 in violation of section 3(a) is not child sexual abuse mate13 rial, the company shall, not later than the last day of the 

14 10-day period beginning on the date of the notice, submit 

15 to the person who provided the notice a response that— 

16 (1) confirms receipt of the notice; 

17 (2) states that the company determined that 

18 the content is not child sexual abuse material; and 

19 (3) provides an explanation for the determina20 tion described in paragraph (2), including any rel21 evant evidence. 

22 SEC. 5. QUI TAM CIVIL ACTION. 

23 (a) ACTIONS BY PRIVATE PERSONS.— 

24 (1) RIGHT OF ACTION.— 


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1 (A) IN GENERAL.—If a person provides 

2 notice to a social media company regarding a 

3 visual depiction under the notice process re4 quired under section 4(a) and the social media 

5 company does not disable access to or remove 

6 the visual depiction during the 10-day period 

7 beginning on the date of the notice, the person 

8 may bring an action for the person and for the 

9 United States Government to recover a civil 

10 penalty under section 3(b) against the social 

11 media company for violating section 3(a). 

12 (B) ACTION IN NAME OF GOVERNMENT.— 

13 An action under subparagraph (A) shall be 

14 brought in the name of the Government. 

15 (2) SERVICE ON GOVERNMENT; ELECTION TO

16 INTERVENE.— 

17 (A) SERVICE ON GOVERNMENT.—A copy of 

18 the complaint and written disclosure of substan19 tially all material evidence and information the 

20 person possesses, including any evidence and in21 formation received under section 4(e), shall be 

22 served on the Government pursuant to Rule 4(i) 

23 of the Federal Rules of Civil Procedure. 

24 (B) ELECTION TO INTERVENE.—Not later 

25 than 30 days after the Government receives 


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1 both the complaint and the material evidence 

2 and information under subparagraph (A), the 

3 Government shall— 

4 (i) intervene and proceed with the ac5 tion, in which case the action shall be sole6 ly conducted by the Government; or 

7 (ii) notify the court that the Govern8 ment declines to take over the action, in 

9 which case the person bringing the action 

10 shall have the right to conduct the action. 

11 (3) NO INTERVENTION OR RELATED ACTIONS

12 BY OTHER PARTIES.—When a person brings an ac13 tion under this subsection, no person other than the 

14 Government may intervene or bring a related action 

15 based on the facts underlying the pending action. 

16 (b) RIGHTS OF THE PARTIES TO QUI TAM AC17 TIONS.— 

18 (1) GOVERNMENT PROSECUTION.—If the Gov19 ernment proceeds with an action under subsection 

20 (a)— 

21 (A) the Government— 

22 (i) shall have the sole responsibility 

23 for prosecuting the action, subject to para24 graph (2); and 


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1 (ii) shall not be bound by an act of 

2 the person bringing the action; and 

3 (B) the person who initiated the action 

4 shall not have the right to continue as a party 

5 to the action. 

6 (2) LIMITATION ON DISMISSAL BY GOVERN7 MENT.—The Government may dismiss an action 

8 brought under subsection (a) if the Government de9 termines, based on a thorough and good faith exam10 ination of the material evidence and information pre11 sented to the Government, that the content alleged 

12 to be hosted or distributed in violation of section 

13 3(a) is not child sexual abuse material. 

14 (3) LIMITATION ON SETTLEMENT BY GOVERN15 MENT.—The Government may settle an action 

16 brought under subsection (a) with the defendant if 

17 the court determines, after a hearing, that the pro18 posed settlement is fair, adequate, and reasonable 

19 under all the circumstances. 

20 (4) PRIVATE PROSECUTION.— 

21 (A) IN GENERAL.—If the Government 

22 elects not to proceed with an action under sub23 section (a), the person who initiated the action 

24 shall have the right to conduct the action. 


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1 (B) PROVISION OF CASE DOCUMENTS.—If 

2 the Government so requests, the Government 

3 shall be served with copies of all pleadings filed 

4 in the action and shall be supplied with copies 

5 of all deposition transcripts (at the Govern6 ment’s expense). 

7 (c) AWARD TO QUI TAM PLAINTIFF.— 

8 (1) GOVERNMENT PROSECUTION.—If the Gov9 ernment proceeds with an action brought by a per10 son under subsection (a)— 

11 (A) the person shall receive not less than 

12 25 percent of the proceeds of the action; 

13 (B) any payment to the person under sub14 paragraph (A) shall be made from the proceeds 

15 of the action; 

16 (C) the person shall also receive an amount 

17 for reasonable expenses that the court finds to 

18 have been necessarily incurred, plus reasonable 

19 attorneys’ fees and costs; and 

20 (D) all expenses, fees, and costs described 

21 in subparagraph (C) shall be awarded against 

22 the defendant. 

23 (2) PRIVATE PROSECUTION.—If the Govern24 ment does not proceed with an action under sub25 section (a)— 


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1 (A) the person bringing the action or set2 tling the claim shall receive not less than 50 

3 percent of the proceeds of the action or settle4 ment of the claim; 

5 (B) any payment to the person under sub6 paragraph (A) shall be made from the proceeds 

7 of the action; 

8 (C) the person shall also receive an amount 

9 for reasonable expenses that the court finds to 

10 have been necessarily incurred, plus reasonable 

11 attorneys’ fees and costs; and 

12 (D) all expenses, fees, and costs described 

13 in subparagraph (C) shall be awarded against 

14 the defendant. 

15 (3) UNCLEAN HANDS.— 

16 (A) REDUCTION IN SHARE OF PROCEEDS

17 FOR QUI TAM PLAINTIFF.—Whether or not the 

18 Government proceeds with an action under sub19 section (a), if the court finds that the action 

20 was brought by a person who planned and initi21 ated the violation of section 3(a) upon which 

22 the action was brought, then the court may, to 

23 the extent the court considers appropriate, re24 duce the share of the proceeds of the action 

25 that the person would otherwise receive under 


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1 paragraph (1) or (2) of this subsection, taking 

2 into account the role of the person in advancing 

3 the case to litigation and any relevant cir4 cumstances pertaining to the violation. 

5 (B) CRIMINAL CONVICTION.— 

6 (i) DISMISSAL OF PARTY.—If the per7 son bringing an action under subsection 

8 (a) is convicted of criminal conduct arising 

9 from the person’s role in the violation of 

10 section 3(a), the person— 

11 (I) shall be dismissed from the 

12 action; and 

13 (II) may not receive any share of 

14 the proceeds of the action. 

15 (ii) RIGHT OF GOVERNMENT TO CON16 TINUE ACTION.—A dismissal under clause 

17 (i) shall not prejudice the right of the 

18 United States to continue the action, rep19 resented by the Department of Justice. 

20 (4) AWARD OF ATTORNEYS’ FEES AND COSTS

21 TO DEFENDANT.—If the Government does not pro22 ceed with an action under subsection (a) and the 

23 person bringing the action conducts the action, the 

24 court may award to the defendant its reasonable atVerDate Sep 11 2014 23:51 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S823.IS S823

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1 torneys’ fees and expenses if the defendant prevails 

2 in the action. 

3 (d) CERTAIN ACTIONS BARRED.—A person may not 

4 bring an action under subsection (a) that is based on alle5 gations that are the subject of a civil action to which the 

6 Government is already a party. 

7 (e) DISMISSAL BY COURT.—The court shall dismiss 

8 an action or claim brought under subsection (a) if, as de9 termined based on facts found by the court, the content 

10 alleged to be hosted or distributed in violation of section 

11 3(a) is not child sexual abuse material. 

12 (f) GOVERNMENT NOT LIABLE FOR CERTAIN EX13 PENSES.—The Government is not liable for expenses that 

14 a person incurs in bringing an action under subsection (a). 

15 (g) RELATION TO SECTION 230 OF THE COMMUNICA16 TIONS ACT OF 1934.—Nothing in section 230 of the Com17 munications Act of 1934 (47 U.S.C. 230) shall be con18 strued to impair or limit any claim in a civil action 

19 brought under this section. 

Æ 


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