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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3718 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 3718

   To prevent the distribution of intimate visual depictions without 
                                consent.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 31, 2024

    Mr. Lee introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To prevent the distribution of intimate visual depictions without 
                                consent.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Preventing Rampant 
Online Technological Exploitation and Criminal Trafficking Act of 
2024'' or the ``PROTECT Act of 2024''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Severability clause.
  TITLE I--REGULATING THE UPLOADING OF PORNOGRAPHIC IMAGES TO ONLINE 
                               PLATFORMS

Sec. 101. Verification obligations of covered platform operators.
Sec. 102. Removal of images distributed without consent.
Sec. 103. Obligations of users.
                         TITLE II--ENFORCEMENT

Sec. 201. Civil enforcement.
Sec. 202. Criminal prohibition on nonconsensual distribution of 
                            intimate visual depictions.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In the United States, reports of child sexual abuse 
        material (referred to in this section as ``CSAM'') have grown 
        exponentially in recent years, from 3,000 reports in 1998 to 
        more than 1,000,000 in 2014 and 18,400,000 in 2018. The New 
        York Times called it an ``almost unfathomable'' increase in 
        criminal behavior.
            (2) The National Center for Missing and Exploited Children 
        (referred to in this section as ``NCMEC''), which is based in 
        the United States, recorded more than 29,300,000 reports of 
        suspected CSAM to its CyberTipline in 2021, the highest number 
        of reports ever received in a single year and a 35 percent 
        increase from 2020. Those reports included 85,000,000 images, 
        videos, and other files of suspected CSAM and incident-related 
        content.
            (3) Recent trends reported by NCMEC include increasingly 
        graphic and violent sexual abuse images, and videos of infants 
        and young children.
            (4) The Daily, a podcast hosted by the New York Times, 
        reported in 2019 that CSAM had so overwhelmed law enforcement 
        agencies in the United States that the Federal Bureau of 
        Investigation, for example, had prioritized investigating 
        material depicting infants and toddlers, not older children.
            (5) The COVID-19 pandemic has resulted in a surge in the 
        online distribution of CSAM, which was remarkably high even 
        before the pandemic. During the pandemic, NCMEC reported a 106-
        percent increase in the sharing of CSAM globally. The increased 
        number of offenders exchanging CSAM during lockdowns has 
        continued to stimulate demand for CSAM beyond the lockdowns.
            (6) Project Arachnid is a web platform administered by the 
        Canadian Centre for Child Protection (referred to in this 
        section as ``C3P'') that is designed to detect known images of 
        CSAM and issue removal notices to electronic service providers 
        when possible. C3P has reported, ``It is a common misconception 
        that CSAM and harmful-abusive content are relegated solely to 
        the dark web.''. In fact, 97 percent of the illegal media 
        detected by Project Arachnid hides in plain sight on the clear 
        web on image or file hosting services, forums, content delivery 
        networks, and both mainstream adult pornography websites, such 
        as Pornhub, XVideos, OnlyFans, and YouPorn, and fringe adult 
        pornography websites.
            (7) In 2021, NCMEC reported that a majority of CSAM 
        reports, more than 29,157,083 out of 29,397,681, came from 
        electronic service providers.
            (8) An alarming and increasing number of adults are being 
        depicted in online pornography without their knowledge or 
        consent. These individuals are often victims of sexual abuse, 
        sex trafficking, rape, sexual exploitation, sextortion, and 
        forms of image-based sexual abuse such as nonconsensual 
        distribution of sexually explicit material.
            (9) Most pornography websites do not effectively verify the 
        age of the users who upload content to their platforms. Nor do 
        these websites make an effort to effectively verify the age, 
        consent, or identity of all individuals who are depicted in the 
        pornographic content.
            (10) Pornography websites attract hundreds of millions of 
        visitors daily. The 2 most-visited pornography websites in 
        2023, for example, reported attracting more than 693,500,000 
        and 629,500,000 monthly users, respectively, each exceeding the 
        traffic of Netflix, Twitter, Instagram, Pinterest, or LinkedIn.
            (11) Pornography websites profit from the content uploaded 
        to their platforms, including content that depicts or involves 
        rape, child exploitation and abuse, and sex trafficking. In 
        2019, 6 high-level individuals employed by an online 
        pornographic distributor were convicted of sex trafficking. 
        Over an 11-year period, that platform generated more than 
        $17,000,000 in revenue.
            (12) Not only are high-ranking officers of pornography 
        websites aware of the proliferation of CSAM material on their 
        platforms, but they appear to knowingly decline to investigate 
        reports of nonconsensual or underage sexually explicit 
        materials on the platforms. A 2021 lawsuit revealed that 
        Pornhub's parent company Aylo, at the time known as MindGeed 
        USA Incorporated, had a policy to only review videos flagged 
        for rape or sexual abuse if the video received at least 16 
        unique reports. If a video had 15 or fewer reports, Pornhub 
        refused to investigate. Internal emails stated that as of May 
        27, 2020, Pornhub had a backlog of 706,425 videos of possible 
        rape or child sexual abuse with 15 or fewer reports. At the 
        time of the lawsuit, only 1 out of Pornhub's 1,400 total 
        employees was tasked with reviewing videos reported for 
        violence or CSAM full-time. Pornhub's chief executive officer 
        called these policies ``good and reasonable''.
            (13) The ongoing exploitation of underage or nonconsenting 
        individuals by highly visited pornography websites is evidenced 
        by a recent series of successful lawsuits. One case, involving 
        22 victims of sex trafficking and fraud, concluded in a nearly 
        $13,000,000 verdict against a pornography content producer who 
        coerced women and children into producing sexual content. 
        Another 34 women, some of whom are victims of child sex 
        trafficking, filed a lawsuit against a pornographic website for 
        failing to take proper precautions to verify the content 
        uploaded to its platform and monetizing the illegal content.
            (14) The internet has revolutionized the pornography 
        industry, making pornographic content incomparably more 
        available, accessible, affordable, and anonymous than at any 
        previous time in the history of the United States. Today, 
        substantial majorities of teenagers have viewed pornography. A 
        United States population-based probability study found that 84 
        percent of males and 57 percent of females between the ages of 
        14 and 18 have viewed pornography, belying the industry's faux 
        status as so-called ``adult entertainment''. Moreover, 
        pornography has contributed to the normalization of sexual 
        violence among the youth of the United States. Numerous studies 
        have demonstrated that viewing pornography harms youth, as it 
        contributes to sexually violent attitudes and conduct towards 
        children and adults and creates unrealistic expectations for 
        intimate relationships. Additionally, research has demonstrated 
        that the demand for online pornography has fueled an increase 
        in purchasing sex from prostituted or sex trafficked 
        individuals.
            (15) The online pornography industry has remained unchecked 
        and generally immune from regulations. Online creators and 
        distributors of pornographic content should be held to 
        standards that require informed and thorough consent as well as 
        age-verification. Currently, no substantive laws govern consent 
        in pornography, which has permitted rampant abuses to occur.
            (16) Companies should not profit from the sexual 
        exploitation of children and adults. Requiring pornographic 
        websites to verify the age, consent, and identity of 
        individuals appearing in pornographic content on their 
        platforms would substantially curb the rampant exploitation of 
        all children and adults online.
            (17) The harms to victims of CSAM and image-based sexual 
        abuse are deep and enduring. Every time an image or video of 
        their exploitation is shared, their abuse is repeated and 
        amplified.

SEC. 3. DEFINITIONS.

    (a) In General.--In this Act:
            (1) Coerced consent.--The term ``coerced consent'' means 
        purported consent obtained from a person--
                    (A) through fraud, duress, misrepresentation, undue 
                influence, or nondisclosure;
                    (B) who lacks capacity; or
                    (C) though exploiting or leveraging the person's--
                            (i) immigration status;
                            (ii) pregnancy;
                            (iii) disability;
                            (iv) addiction;
                            (v) juvenile status; or
                            (vi) economic circumstances.
            (2) Consent.--The term ``consent''--
                    (A) means an agreement that is informed and 
                thorough; and
                    (B) does not include coerced consent.
            (3) Covered platform.--
                    (A) In general.--The term ``covered platform'' 
                means an interactive computer service that hosts or 
                makes available to the general public pornographic 
                images.
                    (B) Availability to public.--For purposes of 
                subparagraph (A), the availability of pornographic 
                images to a group of subscribers shall be considered 
                availability to the general public if any member of the 
                general public (subject to reasonable limitations) can 
                obtain a subscription.
            (4) Covered platform operator.--The term ``covered platform 
        operator'' means a provider of a covered platform.
            (5) Interactive computer service.--The term ``interactive 
        computer service'' has the meaning given the term in section 
        230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
            (6) Intimate visual depiction.--The term ``intimate visual 
        depiction'' means any visual depiction--
                    (A) of an individual who is reasonably identifiable 
                from the visual depiction itself or information 
                displayed in connection with the visual depiction, 
                including through--
                            (i) facial recognition;
                            (ii) an identifying marking on the 
                        individual, including a birthmark or piercing;
                            (iii) an identifying feature of the 
                        background of the visual depiction;
                            (iv) voice matching; or
                            (v) written confirmation from an individual 
                        who is responsible, in whole or in part, for 
                        the creation or development of the visual 
                        depiction; and
                    (B) in which--
                            (i) the individual depicted is engaging in 
                        sexually explicit conduct; or
                            (ii) the naked genitals, anus, pubic area, 
                        or post-pubescent female nipple of the 
                        individual depicted are visible.
            (7) Pornographic image.--The term ``pornographic image'' 
        means--
                    (A) any visual depiction of actual or feigned 
                sexually explicit conduct; or
                    (B) any intimate visual depiction.
            (8) User.--The term ``user''--
                    (A) means an individual who is an information 
                content provider (as defined in section 230(f) of the 
                Communications Act of 1934 (47 U.S.C. 230(f))); and
                    (B) with respect to a covered platform, means an 
                individual described in subparagraph (A) who is 
                responsible, in whole or in part, for the creation or 
                development of pornographic images hosted or made 
                available by the covered platform.
    (b) Terms Defined in Section 2256 of Title 18, United States 
Code.--For purposes of subsection (a)--
            (1) the term ``computer'' has the meaning given the term in 
        section 2256 of title 18, United States Code;
            (2) the term ``sexually explicit conduct'' has the meaning 
        given the term in section 2256(2)(A) of title 18, United States 
        Code; and
            (3) the term ``visual depiction'' means a photograph, film, 
        video, or modified photograph, film, or video, whether made or 
        produced by electronic, mechanical, or other means.

SEC. 4. SEVERABILITY CLAUSE.

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

  TITLE I--REGULATING THE UPLOADING OF PORNOGRAPHIC IMAGES TO ONLINE 
                               PLATFORMS

SEC. 101. VERIFICATION OBLIGATIONS OF COVERED PLATFORM OPERATORS.

    (a) Verification of Users.--
            (1) In general.--A covered platform operator may not upload 
        or allow a user to upload a pornographic image to the covered 
        platform unless the operator has verified, in accordance with 
        paragraph (2)--
                    (A) the identity of the user; and
                    (B) that the user is not less than 18 years old.
            (2) Means of compliance.--In carrying out paragraph (1), a 
        covered platform operator shall verify the identity and age of 
        a user by--
                    (A) requiring use of an adult access code or adult 
                personal identification number;
                    (B) accepting a digital certificate that verifies 
                age; or
                    (C) using any other reasonable measure of age 
                verification that the Attorney General has determined 
                to be feasible with available technology.
            (3) Insufficient user confirmation.--Merely requiring a 
        user to confirm that the user is not less than 18 years of age, 
        without independent means of verification, shall not satisfy 
        the requirement under paragraph (1).
    (b) Verification of Participants.--
            (1) In general.--A covered platform operator may not upload 
        or allow a user to upload a pornographic image to the covered 
        platform unless the operator has verified, in accordance with 
        paragraph (2), that each individual appearing in the 
        pornographic image--
                    (A) was not less than 18 years of age when the 
                pornographic image was created;
                    (B) has provided explicit written evidence of 
                consent for each sex act in which the individual 
                engaged during the creation of the pornographic image; 
                and
                    (C) has provided explicit written consent for the 
                distribution of the specific pornographic image.
            (2) Separate consent for sex act and for distribution of 
        image.--
                    (A) Consent for sex act.--Consent described in 
                subparagraph (B) of paragraph (1) does not imply or 
                constitute evidence of consent described in 
                subparagraph (C) of that paragraph.
                    (B) Consent for distribution of image.--Consent 
                described in subparagraph (C) of paragraph (1) does not 
                imply or constitute evidence of consent described in 
                subparagraph (B) of that paragraph.
            (3) Means of compliance.--In carrying out paragraph (1), a 
        covered platform operator shall obtain, either from the user 
        seeking to upload the pornographic image or through other 
        means--
                    (A) a consent form created or approved by the 
                Attorney General under paragraph (4) from each 
                individual appearing in the pornographic image that 
                includes--
                            (i) the name, date of birth, and signature 
                        of the individual;
                            (ii) a statement that the individual is not 
                        less than 18 years of age, unless no reasonable 
                        person could conclude that the individual is 
                        less than 30 years of age;
                            (iii) a statement that the consent is for 
                        distribution of the specific pornographic 
                        image;
                            (iv) the geographic area and medium, 
                        meaning online, print, or other distribution 
                        method, for which the individual provides 
                        consent to distribution of the pornographic 
                        image;
                            (v) the duration of time for which the 
                        individual provides consent to distribution of 
                        the pornographic image;
                            (vi) a list of the specific sex acts that 
                        the person agrees to engage in for the 
                        pornographic image; and
                            (vii) a statement that explains coerced 
                        consent and that the individual has the right 
                        to withdraw the individual's consent at any 
                        time; and
                    (B) not less than 1 form of valid identification 
                for each individual appearing in the pornographic 
                image--
                            (i) that--
                                    (I) was issued by an agency of the 
                                Federal Government or of a State, 
                                local, or foreign government; and
                                    (II) contains the name, date of 
                                birth, signature, and photograph of the 
                                individual; and
                            (ii) on which the name, date of birth, and 
                        signature of the individual match the name, 
                        date of birth, and signature of the individual 
                        on the consent form required under subparagraph 
                        (A).
            (4) Creation and approval of consent forms by attorney 
        general.--
                    (A) Attorney general consent form.--
                            (i) In general.--Not later than 60 days 
                        after the date of enactment of this Act, the 
                        Attorney General shall create and make 
                        available to the public a consent form for 
                        purposes of paragraph (3)(A).
                            (ii) Availability.--On and after the date 
                        that is 90 days after the date of enactment of 
                        this Act, a covered platform operator shall 
                        make the consent form created under clause (i) 
                        available to users in both written and 
                        electronic format.
                    (B) Approval of alternative consent forms.--For 
                purposes of paragraph (3)(A), a user may submit to a 
                covered platform an alternative consent form created by 
                a user or covered platform operator if the alternative 
                consent form has been approved by the Attorney General.
    (c) Effective Date; Applicability.--This section shall--
            (1) take effect on the date that is 90 days after the date 
        of enactment of this Act; and
            (2) apply to any pornographic image uploaded to a covered 
        platform before, on, or after that effective date.
    (d) Rules of Construction.--
            (1) Obligations and criminal liability under other laws.--
        Nothing in this section shall be construed to--
                    (A) affect any obligation of a covered platform 
                under any other provision of Federal or State law; or
                    (B) impact or otherwise limit the criminal 
                liability of a user or other individual under a Federal 
                or State obscenity law.
            (2) First amendment-protected speech.--Nothing in this 
        section shall be construed to prohibit or impose a prior 
        restraint on speech that is protected by the First Amendment to 
        the Constitution of the United States.

SEC. 102. REMOVAL OF IMAGES DISTRIBUTED WITHOUT CONSENT.

    (a) Definitions.--In this section:
            (1) Authorized representative.--The term ``authorized 
        representative'', with respect to an individual, means--
                    (A) a person authorized in writing under State or 
                other applicable law by the individual to act on behalf 
                of the individual with regard to the matter in 
                question; or
                    (B) in the case of an individual under the age of 
                18, a parent or legal guardian of the individual.
            (2) Eligible person.--The term ``eligible person'', with 
        respect to a pornographic image uploaded to a covered platform, 
        means--
                    (A) an individual who appears in the pornographic 
                image and has not provided consent to, or has withdrawn 
                consent in compliance with the laws of the applicable 
                jurisdiction for, the distribution of the pornographic 
                image;
                    (B) an authorized representative of an individual 
                described in subparagraph (A); or
                    (C) a Federal, State, Tribal, or local law 
                enforcement officer acting pursuant to a valid court 
                order.
    (b) Mechanism for Removal.--A covered platform operator shall--
            (1) establish a procedure for removing a pornographic image 
        from the covered platform at the request of a person; and
            (2) designate 1 or more employees of the operator to be 
        responsible for handling requests for removal of pornographic 
        images.
    (c) Notice.--A covered platform operator shall display a 
prominently visible notice on the website or mobile application of the 
covered platform that provides instructions on how a person can request 
the removal of a pornographic image.
    (d) Response to Requests for Removal.--
            (1) Requests from eligible persons.--If a covered platform 
        operator receives a request from an eligible person, through 
        any request mechanism offered by the operator under subsection 
        (b), to remove a pornographic image that is being hosted by the 
        covered platform without the consent of an individual who 
        appears in the pornographic image, the operator shall remove 
        the pornographic image as quickly as possible, and in any event 
        not later than 72 hours after receiving the request.
            (2) Requests from persons other than eligible persons.--If 
        a covered platform operator receives a request from a person 
        other than an eligible person, through any request mechanism 
        offered by the operator under subsection (b), to remove a 
        pornographic image that is being hosted by the covered platform 
        without the consent of an individual who appears in the 
        pornographic image, not later than 72 hours after receiving the 
        request--
                    (A) the operator shall review the records of the 
                operator with respect to the pornographic image to 
                determine whether the pornographic image was uploaded 
                to the platform in accordance with the verification 
                requirements under subsections (a) and (b) of section 
                101; and
                    (B) if the operator determines under subparagraph 
                (A) that the pornographic image was not uploaded to the 
                platform in accordance with the verification 
                requirements under subsections (a) and (b) of section 
                101, the operator shall remove the pornographic image.
    (e) Blocking Re-Uploads.--In the case of a pornographic image that 
has been removed from a covered platform in accordance with this 
section, the covered platform operator shall block the pornographic 
image, and any altered or edited version of the pornographic image, 
from being uploaded to the covered platform again.
    (f) Effective Date; Applicability.--
            (1) In general.--This section shall--
                    (A) except as provided in paragraph (2), take 
                effect on the date that is 90 days after the date of 
                enactment of this Act; and
                    (B) apply to any pornographic image uploaded to a 
                covered platform before, on, or after that effective 
                date.
            (2) Blocking re-uploads.--Subsection (e) shall take effect 
        on the date that is 180 days after the date of enactment of 
        this Act.

SEC. 103. OBLIGATIONS OF USERS.

    (a) Consent Requirement.--A user of a covered platform may not 
upload a pornographic image of an individual to the covered platform 
without the consent of the individual.
    (b) Determination of Consent.--For purposes of subsection (a), 
whether an individual has provided consent to the uploading of an image 
shall be determined in accordance with this Act and applicable State 
law.

                         TITLE II--ENFORCEMENT

SEC. 201. CIVIL ENFORCEMENT.

    (a) Verification Obligations of Covered Platform Operators.--
            (1) Civil penalty for failure to verify users.--
                    (A) In general.--The Attorney General may impose a 
                civil penalty on any covered platform operator that 
                violates section 101(a) in an amount of not more than 
                $10,000 for each day during which a pornographic image 
                remains on the covered platform in violation of that 
                section, beginning 24 hours after the Attorney General 
                provides notice of the violation to the operator.
                    (B) Per-day and per-image basis.--A civil penalty 
                under subparagraph (A) shall accrue on a per-day and 
                per-image basis.
                    (C) Use of proceeds.--Notwithstanding section 3302 
                of title 31, United States Code, the Attorney General 
                may use the proceeds from a civil penalty collected 
                under subparagraph (A) to carry out enforcement under 
                this section.
            (2) Civil liability for failure to verify participants.--If 
        a covered platform operator violates section 101(b) with 
        respect to a pornographic image, any person aggrieved by the 
        violation may bring a civil action against the covered platform 
        operator in an appropriate district court of the United States 
        for damages in an amount equal to the greater of--
                    (A) $10,000 for each day during which a 
                pornographic image remains on the covered platform in 
                violation of that section, calculated on a per-day and 
                per-image basis; or
                    (B) actual damages.
    (b) Removal of Images Distributed Without Consent.--
            (1) Civil penalty for failure to establish mechanism for 
        removal.--
                    (A) In general.--The Attorney General may impose a 
                civil penalty on any covered platform operator that 
                violates section 102(b) in an amount of not more than 
                $10,000 for each day during which the covered platform 
                remains in violation of that section, beginning 24 
                hours after the Attorney General provides notice of the 
                violation to the operator.
                    (B) Use of proceeds.--Notwithstanding section 3302 
                of title 31, United States Code, the Attorney General 
                may use the proceeds from a civil penalty collected 
                under subparagraph (A) to carry out enforcement under 
                this section.
            (2) Civil penalty for failure to display notice of 
        mechanism for removal.--The Attorney General may impose a civil 
        penalty on any covered platform operator that violates section 
        102(c) in an amount of not more than $5,000 for each day during 
        which the covered platform remains in violation of that 
        section, beginning 24 hours after the Attorney General provides 
        notice of the violation to the operator.
            (3) Civil liability for failure to make timely removal.--
                    (A) In general.--If a covered platform operator 
                violates section 102(d) with respect to a pornographic 
                image, any person aggrieved by the violation may bring 
                a civil action against the covered platform operator in 
                an appropriate district court of the United States for 
                damages in an amount equal to the greater of--
                            (i) $10,000 for each day during which the 
                        pornographic image remains on the covered 
                        platform in violation of that section, 
                        calculated on a per-day and per-image basis; or
                            (ii) actual damages.
                    (B) Good faith exception.--
                            (i) In general.--A covered platform 
                        operator shall not be liable under subparagraph 
                        (A) for a violation of section 102(d) if, in 
                        allowing the upload of a pornographic image to 
                        the covered platform, the operator reasonably 
                        relied on verification materials, in accordance 
                        with section 101(b)(3), that were later found 
                        to be fraudulent, provided that the operator 
                        removes the pornographic image not later than 
                        24 hours after discovering that the 
                        verification materials are fraudulent.
                            (ii) Failure to remove.--If a covered 
                        platform operator fails to remove a 
                        pornographic image within 24 hours of 
                        discovering that the verification materials are 
                        fraudulent, as described in clause (i), damages 
                        under subparagraph (A)(i) shall be calculated 
                        with respect to each day on or after the date 
                        on which that 24-hour period expires.
            (4) Civil liability for failure to block re-uploads.--If a 
        covered platform operator violates section 102(e) with respect 
        to a pornographic image, any person aggrieved by the violation 
        may bring a civil action against the covered platform operator 
        in an appropriate district court of the United States for 
        damages in an amount equal to the greater of--
                    (A) $10,000 for each day during which the 
                pornographic image remains on the covered platform in 
                violation of that section; or
                    (B) actual damages.
    (c) Civil Liability for Violation of User Obligations.--If a user 
of a covered platform violates section 103 with respect to a 
pornographic image, any person aggrieved by the violation may bring a 
civil action against the user in an appropriate district court of the 
United States for damages in an amount equal to the greater of--
            (1) $10,000 for each day during which the pornographic 
        image remains on the covered platform in violation of that 
        section, calculated on a per-day and per-image basis; or
            (2) actual damages.
    (d) Relation to Communications Decency Act.--Nothing in this 
section shall be construed to affect section 230 of the Communications 
Act of 1934 (47 U.S.C. 230).

SEC. 202. CRIMINAL PROHIBITION ON NONCONSENSUAL DISTRIBUTION OF 
              INTIMATE VISUAL DEPICTIONS.

    (a) In General.--Chapter 88 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1802. Nonconsensual distribution of intimate visual depictions
    ``(a) Definitions.--In this section:
            ``(1) Information content provider.--The term `information 
        content provider' has the meaning given the term in section 
        230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
            ``(2) Interactive computer service.--The term `interactive 
        computer service' has the meaning given the term in section 
        230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
            ``(3) Intimate visual depiction.--The term `intimate visual 
        depiction' means any visual depiction--
                    ``(A) of an individual who is reasonably 
                identifiable from the visual depiction itself or 
                information displayed in connection with the visual 
                depiction, including through--
                            ``(i) facial recognition;
                            ``(ii) an identifying marking on the 
                        individual, including a birthmark or piercing;
                            ``(iii) an identifying feature of the 
                        background of the visual depiction;
                            ``(iv) voice matching; or
                            ``(v) written confirmation from an 
                        individual who is responsible, in whole or in 
                        part, for the creation or development of the 
                        visual depiction; and
                    ``(B) in which--
                            ``(i) the individual depicted is engaging 
                        in sexually explicit conduct; or
                            ``(ii) the naked genitals, anus, pubic 
                        area, or post-pubescent female nipple of the 
                        individual depicted are visible and are 
                        depicted with the objective intent to arouse, 
                        titillate, or gratify the sexual desires of a 
                        person.
            ``(4) Sexually explicit conduct.--The term `sexually 
        explicit conduct' has the meaning given that term in section 
        2256(2)(A).
            ``(5) Visual depiction.--The term `visual depiction' means 
        a photograph, film, video, or modified photograph, film, or 
        video, whether made or produced by electronic, mechanical, or 
        other means.
    ``(b) Offense.--Except as provided in subsection (d), it shall be 
unlawful for any information content provider to knowingly use any 
interactive computer service to publish an intimate visual depiction of 
an individual with knowledge of or reckless disregard for--
            ``(1) the lack of consent of the individual to the 
        publication; and
            ``(2) the reasonable expectation of the individual that the 
        depiction would not be published through an interactive 
        computer service without the individual's consent.
    ``(c) Penalty.--Any person who violates subsection (b) shall be 
fined under this title, imprisoned for not more than 5 years, or both.
    ``(d) Exceptions.--
            ``(1) Law enforcement, lawful reporting, and other legal 
        proceedings.--Subsection (b)--
                    ``(A) does not prohibit any lawful law enforcement, 
                correctional, or intelligence activity;
                    ``(B) shall not apply to an individual acting in 
                good faith to report unlawful activity or in pursuance 
                of a legal or other lawful obligation; and
                    ``(C) shall not apply to a document production or 
                filing associated with a legal proceeding.
            ``(2) Rule of construction.--Nothing in this subsection 
        shall affect the liability protection provided under section 
        230 of the Communications Act of 1934 (47 U.S.C. 230).
    ``(e) Venue and Extraterritoriality.--
            ``(1) Venue.--A prosecution under this section may be 
        brought in a district in which--
                    ``(A) the defendant or the depicted individual 
                resides; or
                    ``(B) the intimate visual depiction is distributed 
                or made available.
            ``(2) Extraterritoriality.--There is extraterritorial 
        Federal jurisdiction over an offense under this section if the 
        defendant or the depicted individual is a citizen or permanent 
        resident of the United States.''.
    (b) Clerical Amendment.--The table of sections for chapter 88 of 
title 18, United States Code, is amended by adding at the end the 
following:

``1802. Nonconsensual distribution of intimate visual depictions.''.
                                 <all>
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