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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3314 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 3314

 To require certain interactive computer services to adopt and operate 
 technology verification measures to ensure that users of the platform 
                are not minors, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2023

    Mr. Lee introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
 To require certain interactive computer services to adopt and operate 
 technology verification measures to ensure that users of the platform 
                are not minors, 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 ``Shielding Children's Retinas from 
Egregious Exposure on the Net Act'' or the ``SCREEN Act''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) Over the 3 decades preceding the date of enactment of 
        this Act, Congress has passed several bills to protect minors 
        from access to online pornographic content, including title V 
        of the Telecommunications Act of 1996 (Public Law 104-104) 
        (commonly known as the ``Communications Decency Act''), section 
        231 of the Communications Act of 1934 (47 U.S.C. 231) (commonly 
        known as the ``Child Online Protection Act''), and the 
        Children's Internet Protection Act (title XVII of division B of 
        Public Law 106-554).
            (2) With the exception of the Children's Internet 
        Protection Act (title XVII of division B of Public Law 106-
        554), the Supreme Court of the United States has struck down 
        the previous efforts of Congress to shield children from 
        pornographic content, finding that such legislation constituted 
        a ``compelling government interest'' but that it was not the 
        least restrictive means to achieve such interest. In Ashcroft 
        v. ACLU, 542 U.S. 656 (2004), the Court even suggested at the 
        time that ``blocking and filtering software'' could conceivably 
        be a ``primary alternative'' to the requirements passed by 
        Congress.
            (3) In the nearly 2 decades since the Supreme Court of the 
        United States suggested the use of ``blocking and filtering 
        software'', such technology has proven to be ineffective in 
        protecting minors from accessing online pornographic content. 
        The Kaiser Family Foundation has found that filters do not work 
        on 1 in 10 pornography sites accessed intentionally and 1 in 3 
        pornography sites that are accessed unintentionally. Further, 
        it has been proven that children are able to bypass ``blocking 
        and filtering'' software by employing strategic searches or 
        measures to bypass the software completely.
            (4) Additionally, Pew Research has revealed studies showing 
        that only 39 percent of parents use blocking or filtering 
        software for their minor's online activities, meaning that 61 
        percent of children only have restrictions on their internet 
        access when they are at school or at a library.
            (5) 17 States have now recognized pornography as a public 
        health hazard that leads to a broad range of individual harms, 
        societal harms, and public health impacts.
            (6) It is estimated that 80 percent of minors between the 
        ages of 12 to 17 have been exposed to pornography, with 54 
        percent of teenagers seeking it out. The internet is the most 
        common source for minors to access pornography with 
        pornographic websites receiving more web traffic in the United 
        States than Twitter, Netflix, Pinterest, and LinkedIn combined.
            (7) Exposure to online pornography has created unique 
        psychological effects for minors, including anxiety, addiction, 
        low self-esteem, body image disorders, an increase in 
        problematic sexual activity at younger ages, and an increased 
        desire among minors to engage in risky sexual behavior.
            (8) The Supreme Court of the United States has recognized 
        on multiple occasions that Congress has a ``compelling 
        government interest'' to protect the physical and psychological 
        well-being of minors, which includes shielding them from 
        ``indecent'' content that may not necessarily be considered 
        ``obscene'' by adult standards.
            (9) Because ``blocking and filtering software'' has not 
        produced the results envisioned nearly 2 decades ago, it is 
        necessary for Congress to pursue alternative policies to enable 
        the protection of the physical and psychological well-being of 
        minors.
            (10) The evolution of our technology has now enabled the 
        use of age verification technology that is cost efficient, not 
        unduly burdensome, and can be operated narrowly in a manner 
        that ensures only adults have access to a website's online 
        pornographic content.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) shielding minors from access to online pornographic 
        content is a compelling government interest that protects the 
        physical and psychological well-being of minors; and
            (2) requiring interactive computer services that are in the 
        business of creating, hosting, or making available pornographic 
        content to enact technological measures that shield minors from 
        accessing pornographic content on their platforms is the least 
        restrictive means for Congress to achieve its compelling 
        government interest.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Child pornography; minor.--The terms ``child 
        pornography'' and ``minor'' have the meanings given those terms 
        in section 2256 of title 18, United States Code.
            (2) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (3) Covered platform.--The term ``covered platform''--
                    (A) means an entity--
                            (i) that is an interactive computer 
                        service;
                            (ii) that--
                                    (I) is engaged in interstate or 
                                foreign commerce; or
                                    (II) purposefully avails itself of 
                                the United States market or a portion 
                                thereof; and
                            (iii) for which it is in the regular course 
                        of the trade or business of the entity to 
                        create, host, or make available content that 
                        meets the definition of harmful to minors under 
                        paragraph (4) and that is provided by the 
                        entity, a user, or other information content 
                        provider, with the objective of earning a 
                        profit; and
                    (B) includes an entity described in subparagraph 
                (A) regardless of whether--
                            (i) the entity earns a profit on the 
                        activities described in subparagraph (A)(iii); 
                        or
                            (ii) creating, hosting, or making available 
                        content that meets the definition of harmful to 
                        minors under paragraph (4) is the sole source 
                        of income or principal business of the entity.
            (4) Harmful to minors.--The term ``harmful to minors'', 
        with respect to a picture, image, graphic image file, film, 
        videotape, or other visual depiction, means that the picture, 
        image, graphic image file, film, videotape, or other 
        depiction--
                    (A)(i) taken as a whole and with respect to minors, 
                appeals to the prurient interest in nudity, sex, or 
                excretion;
                    (ii) depicts, describes, or represents, in a 
                patently offensive way with respect to what is suitable 
                for minors, an actual or simulated sexual act or sexual 
                contact, actual or simulated normal or perverted sexual 
                acts, or lewd exhibition of the genitals; and
                    (iii) taken as a whole, lacks serious, literary, 
                artistic, political, or scientific value as to minors;
                    (B) is obscene; or
                    (C) is child pornography.
            (5) Information content provider; interactive computer 
        service.--The terms ``information content provider'' and 
        ``interactive computer service'' have the meanings given those 
        terms in section 230(f) of the Communications Act of 1934 (47 
        U.S.C. 230(f)).
            (6) Sexual act; sexual contact.--The terms ``sexual act'' 
        and ``sexual contact'' have the meanings given those terms in 
        section 2246 of title 18, United States Code.
            (7) Technology verification measure.--The term ``technology 
        verification measure'' means technology that--
                    (A) employs a system or process to determine 
                whether it is more likely than not that a user of a 
                covered platform is a minor; and
                    (B) prevents access by minors to any content on a 
                covered platform.
            (8) Technology verification measure data.--The term 
        ``technology verification measure data'' means information 
        that--
                    (A) identifies, is linked to, or is reasonably 
                linkable to an individual or a device that identifies, 
                is linked to, or is reasonably linkable to an 
                individual;
                    (B) is collected or processed for the purpose of 
                fulfilling a request by an individual to access any 
                content on a covered platform; and
                    (C) is collected and processed solely for the 
                purpose of utilizing a technology verification measure 
                and meeting the obligations imposed under this Act.

SEC. 4. TECHNOLOGY VERIFICATION MEASURES.

    (a) Covered Platform Requirements.--Beginning on the date that is 1 
year after the date of enactment of this Act, a covered platform shall 
adopt and utilize technology verification measures on the platform to 
ensure that--
            (1) users of the covered platform are not minors; and
            (2) minors are prevented from accessing any content on the 
        covered platform that is harmful to minors.
    (b) Requirements for Age Verification Measures.--In order to comply 
with the requirement of subsection (a), the technology verification 
measures adopted and utilized by a covered platform shall do the 
following:
            (1) Use a technology verification measure in order to 
        verify a user's age.
            (2) Provide that requiring a user to confirm that the user 
        is not a minor shall not be sufficient to satisfy the 
        requirement of subsection (a).
            (3) Make publicly available the verification process that 
        the covered platform is employing to comply with the 
        requirements under this Act.
            (4) Subject the Internet Protocol (IP) addresses, including 
        known virtual proxy network IP addresses, of all users of a 
        covered platform to the technology verification measure 
        described in paragraph (1) unless the covered platform 
        determines based on available technology that a user is not 
        located within the United States.
    (c) Choice of Verification Measures.--A covered platform may choose 
the specific technology verification measures to employ for purposes of 
complying with subsection (a), provided that the technology 
verification measure employed by the covered platform meets the 
requirements of subsection (b) and prohibits a minor from accessing the 
platform or any information on the platform that is obscene, child 
pornography, or harmful to minors.
    (d) Use of Third Parties.--A covered platform may contract with a 
third party to employ technology verification measures for purposes of 
complying with subsection (a) but the use of such a third party shall 
not relieve the covered platform of its obligations under this Act or 
from liability under this Act.
    (e) Rule of Construction.--Nothing in this section shall be 
construed to require a covered platform to submit to the Commission any 
information that identifies, is linked to, or is reasonably linkable to 
a user of the covered platform or a device that identifies, is linked 
to, or is reasonably linkable to a user of the covered platform.
    (f) Technology Verification Measure Data Security.--A covered 
platform shall--
            (1) establish, implement, and maintain reasonable data 
        security to--
                    (A) protect the confidentiality, integrity, and 
                accessibility of technology verification measure data 
                collected by the covered platform or a third party 
                employed by the covered platform; and
                    (B) protect such technology verification measure 
                data against unauthorized access; and
            (2) retain the technology verification measure data for no 
        longer than is reasonably necessary to utilize a technology 
        verification measure or what is minimally necessary to 
        demonstrate compliance with the obligations under this Act.

SEC. 5. CONSULTATION REQUIREMENTS.

    In enforcing the requirements under section 4, the Commission shall 
consult with the following individuals, including with respect to the 
applicable standards and metrics for making a determination on whether 
a user of a covered platform is not a minor:
            (1) Individuals with experience in computer science and 
        software engineering.
            (2) Individuals with experience in--
                    (A) advocating for online child safety; or
                    (B) providing services to minors who have been 
                victimized by online child exploitation.
            (3) Individuals with experience in consumer protection and 
        online privacy.
            (4) Individuals who supply technology verification measure 
        products or have expertise in technology verification measure 
        solutions.
            (5) Individuals with experience in data security and 
        cryptography.

SEC. 6. COMMISSION REQUIREMENTS.

    (a) In General.--The Commission shall--
            (1) conduct regular audits of covered platforms to ensure 
        compliance with the requirements of section 4;
            (2) make public the terms and processes for the audits 
        conducted under paragraph (1), including the processes for any 
        third party conducting an audit on behalf of the Commission;
            (3) establish a process for each covered platform to submit 
        only such documents or other materials as are necessary for the 
        Commission to ensure full compliance with the requirements of 
        section 4 when conducting audits under this section; and
            (4) prescribe the appropriate documents, materials, or 
        other measures required to demonstrate full compliance with the 
        requirements of section 4.
    (b) Guidance.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Commission shall issue guidance to 
        assist covered platforms in complying with the requirements of 
        section 4.
            (2) Limitations on guidance.--No guidance issued by the 
        Commission with respect to this Act shall confer any rights on 
        any person, State, or locality, nor shall operate to bind the 
        Commission or any person to the approach recommended in such 
        guidance. In any enforcement action brought pursuant to this 
        Act, the Commission shall allege a specific violation of a 
        provision of this Act. The Commission may not base an 
        enforcement action on, or execute a consent order based on, 
        practices that are alleged to be inconsistent with any such 
        guidelines, unless the practices allegedly violate a provision 
        of this Act.

SEC. 7. ENFORCEMENT.

    (a) Unfair or Deceptive Act or Practice.--A violation of section 4 
shall be treated as a violation of a rule defining an unfair or 
deceptive act or practice under section 18(a)(1)(B) of the Federal 
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
    (b) Powers of the Commission.--
            (1) In general.--The Commission shall enforce section 4 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 
        title.
            (2) Privileges and immunities.--Any person who violates 
        section 4 shall be subject to the penalties and entitled to the 
        privileges and immunities provided in the Federal Trade 
        Commission Act (15 U.S.C. 41 et seq.).
            (3) Authority preserved.--Nothing in this Act shall be 
        construed to limit the authority of the Commission under any 
        other provision of law.

SEC. 8. GAO REPORT.

    Not later than 2 years after the date on which covered platforms 
are required to comply with the requirement of section 4(a), the 
Comptroller General of the United States shall submit to Congress a 
report that includes--
            (1) an analysis of the effectiveness of the technology 
        verification measures required under such section;
            (2) an analysis of rates of compliance with such section 
        among covered platforms;
            (3) an analysis of the data security measures used by 
        covered platforms in the age verification process;
            (4) an analysis of the behavioral, economic, psychological, 
        and societal effects of implementing technology verification 
        measures;
            (5) recommendations to the Commission on improving 
        enforcement of section 4(a), if any; and
            (6) recommendations to Congress on potential legislative 
        improvements to this Act, if any.

SEC. 9. SEVERABILITY CLAUSE.

    If any provision of this Act, or the application of such a 
provision to any person or circumstance, is held to be 
unconstitutional, the remaining provisions of this Act, and the 
application of such provisions to any other person or circumstance, 
shall not be affected thereby.
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