II 

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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Preventing Rampant Online Technological Exploitation 

6 and Criminal Trafficking Act of 2024’’ or the ‘‘PRO7 TECT Act of 2024’’. 

8 (b) TABLE OF CONTENTS.—The table of contents for 

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

Sec. 4. Severability clause. 


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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. 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) In the United States, reports of child sexual 

4 abuse material (referred to in this section as 

5 ‘‘CSAM’’) have grown exponentially in recent years, 

6 from 3,000 reports in 1998 to more than 1,000,000 

7 in 2014 and 18,400,000 in 2018. The New York 

8 Times called it an ‘‘almost unfathomable’’ increase 

9 in criminal behavior. 

10 (2) The National Center for Missing and Ex11 ploited Children (referred to in this section as 

12 ‘‘NCMEC’’), which is based in the United States, re13 corded more than 29,300,000 reports of suspected 

14 CSAM to its CyberTipline in 2021, the highest num15 ber of reports ever received in a single year and a 

16 35 percent increase from 2020. Those reports in17 cluded 85,000,000 images, videos, and other files of 

18 suspected CSAM and incident-related content. 


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1 (3) Recent trends reported by NCMEC include 

2 increasingly graphic and violent sexual abuse im3 ages, and videos of infants and young children. 

4 (4) The Daily, a podcast hosted by the New 

5 York Times, reported in 2019 that CSAM had so 

6 overwhelmed law enforcement agencies in the United 

7 States that the Federal Bureau of Investigation, for 

8 example, had prioritized investigating material de9 picting infants and toddlers, not older children. 

10 (5) The COVID–19 pandemic has resulted in a 

11 surge in the online distribution of CSAM, which was 

12 remarkably high even before the pandemic. During 

13 the pandemic, NCMEC reported a 106-percent in14 crease in the sharing of CSAM globally. The in15 creased number of offenders exchanging CSAM dur16 ing lockdowns has continued to stimulate demand 

17 for CSAM beyond the lockdowns. 

18 (6) Project Arachnid is a web platform adminis19 tered by the Canadian Centre for Child Protection 

20 (referred to in this section as ‘‘C3P’’) that is de21 signed to detect known images of CSAM and issue 

22 removal notices to electronic service providers when 

23 possible. C3P has reported, ‘‘It is a common mis24 conception that CSAM and harmful-abusive content 

25 are relegated solely to the dark web.’’. In fact, 97 


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1 percent of the illegal media detected by Project 

2 Arachnid hides in plain sight on the clear web on 

3 image or file hosting services, forums, content deliv4 ery networks, and both mainstream adult pornog5 raphy websites, such as Pornhub, XVideos, 

6 OnlyFans, and YouPorn, and fringe adult pornog7 raphy websites. 

8 (7) In 2021, NCMEC reported that a majority 

9 of CSAM reports, more than 29,157,083 out of 

10 29,397,681, came from electronic service providers. 

11 (8) An alarming and increasing number of 

12 adults are being depicted in online pornography 

13 without their knowledge or consent. These individ14 uals are often victims of sexual abuse, sex traf15 ficking, rape, sexual exploitation, sextortion, and 

16 forms of image-based sexual abuse such as non17 consensual distribution of sexually explicit material. 

18 (9) Most pornography websites do not effec19 tively verify the age of the users who upload content 

20 to their platforms. Nor do these websites make an 

21 effort to effectively verify the age, consent, or iden22 tity of all individuals who are depicted in the porno23 graphic content. 

24 (10) Pornography websites attract hundreds of 

25 millions of visitors daily. The 2 most-visited pornogVerDate Sep 11 2014 21:19 Feb 06, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3718.IS S3718

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1 raphy websites in 2023, for example, reported at2 tracting more than 693,500,000 and 629,500,000 

3 monthly users, respectively, each exceeding the traf4 fic of Netflix, Twitter, Instagram, Pinterest, or 

5 LinkedIn. 

6 (11) Pornography websites profit from the con7 tent uploaded to their platforms, including content 

8 that depicts or involves rape, child exploitation and 

9 abuse, and sex trafficking. In 2019, 6 high-level in10 dividuals employed by an online pornographic dis11 tributor were convicted of sex trafficking. Over an 

12 11-year period, that platform generated more than 

13 $17,000,000 in revenue. 

14 (12) Not only are high-ranking officers of por15 nography websites aware of the proliferation of 

16 CSAM material on their platforms, but they appear 

17 to knowingly decline to investigate reports of non18 consensual or underage sexually explicit materials on 

19 the platforms. A 2021 lawsuit revealed that 

20 Pornhub’s parent company Aylo, at the time known 

21 as MindGeed USA Incorporated, had a policy to only 

22 review videos flagged for rape or sexual abuse if the 

23 video received at least 16 unique reports. If a video 

24 had 15 or fewer reports, Pornhub refused to inves25 tigate. Internal emails stated that as of May 27, 


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1 2020, Pornhub had a backlog of 706,425 videos of 

2 possible rape or child sexual abuse with 15 or fewer 

3 reports. At the time of the lawsuit, only 1 out of 

4 Pornhub’s 1,400 total employees was tasked with re5 viewing videos reported for violence or CSAM full6 time. Pornhub’s chief executive officer called these 

7 policies ‘‘good and reasonable’’. 

8 (13) The ongoing exploitation of underage or 

9 nonconsenting individuals by highly visited pornog10 raphy websites is evidenced by a recent series of suc11 cessful lawsuits. One case, involving 22 victims of 

12 sex trafficking and fraud, concluded in a nearly 

13 $13,000,000 verdict against a pornography content 

14 producer who coerced women and children into pro15 ducing sexual content. Another 34 women, some of 

16 whom are victims of child sex trafficking, filed a 

17 lawsuit against a pornographic website for failing to 

18 take proper precautions to verify the content 

19 uploaded to its platform and monetizing the illegal 

20 content. 

21 (14) The internet has revolutionized the por22 nography industry, making pornographic content in23 comparably more available, accessible, affordable, 

24 and anonymous than at any previous time in the his25 tory of the United States. Today, substantial majoriVerDate Sep 11 2014 21:19 Feb 06, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3718.IS S3718

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1 ties of teenagers have viewed pornography. A United 

2 States population-based probability study found that 

3 84 percent of males and 57 percent of females be4 tween the ages of 14 and 18 have viewed pornog5 raphy, belying the industry’s faux status as so-called 

6 ‘‘adult entertainment’’. Moreover, pornography has 

7 contributed to the normalization of sexual violence 

8 among the youth of the United States. Numerous 

9 studies have demonstrated that viewing pornography 

10 harms youth, as it contributes to sexually violent at11 titudes and conduct towards children and adults and 

12 creates unrealistic expectations for intimate relation13 ships. Additionally, research has demonstrated that 

14 the demand for online pornography has fueled an in15 crease in purchasing sex from prostituted or sex 

16 trafficked individuals. 

17 (15) The online pornography industry has re18 mained unchecked and generally immune from regu19 lations. Online creators and distributors of porno20 graphic content should be held to standards that re21 quire informed and thorough consent as well as age22 verification. Currently, no substantive laws govern 

23 consent in pornography, which has permitted ramp24 ant abuses to occur. 


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1 (16) Companies should not profit from the sex2 ual exploitation of children and adults. Requiring 

3 pornographic websites to verify the age, consent, and 

4 identity of individuals appearing in pornographic 

5 content on their platforms would substantially curb 

6 the rampant exploitation of all children and adults 

7 online. 

8 (17) The harms to victims of CSAM and image9 based sexual abuse are deep and enduring. Every 

10 time an image or video of their exploitation is 

11 shared, their abuse is repeated and amplified. 

12 SEC. 3. DEFINITIONS. 

13 (a) IN GENERAL.—In this Act: 

14 (1) COERCED CONSENT.—The term ‘‘coerced 

15 consent’’ means purported consent obtained from a 

16 person— 

17 (A) through fraud, duress, misrepresenta18 tion, undue influence, or nondisclosure; 

19 (B) who lacks capacity; or 

20 (C) though exploiting or leveraging the 

21 person’s— 

22 (i) immigration status; 

23 (ii) pregnancy; 

24 (iii) disability; 

25 (iv) addiction; 


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1 (v) juvenile status; or 

2 (vi) economic circumstances. 

3 (2) CONSENT.—The term ‘‘consent’’— 

4 (A) means an agreement that is informed 

5 and thorough; and 

6 (B) does not include coerced consent. 

7 (3) COVERED PLATFORM.— 

8 (A) IN GENERAL.—The term ‘‘covered 

9 platform’’ means an interactive computer serv10 ice that hosts or makes available to the general 

11 public pornographic images. 

12 (B) AVAILABILITY TO PUBLIC.—For pur13 poses of subparagraph (A), the availability of 

14 pornographic images to a group of subscribers 

15 shall be considered availability to the general 

16 public if any member of the general public (sub17 ject to reasonable limitations) can obtain a sub18 scription. 

19 (4) COVERED PLATFORM OPERATOR.—The 

20 term ‘‘covered platform operator’’ means a provider 

21 of a covered platform. 

22 (5) INTERACTIVE COMPUTER SERVICE.—The 

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

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


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1 (6) INTIMATE VISUAL DEPICTION.—The term 

2 ‘‘intimate visual depiction’’ means any visual depic3 tion— 

4 (A) of an individual who is reasonably 

5 identifiable from the visual depiction itself or 

6 information displayed in connection with the 

7 visual depiction, including through— 

8 (i) facial recognition; 

9 (ii) an identifying marking on the in10 dividual, including a birthmark or piercing; 

11 (iii) an identifying feature of the 

12 background of the visual depiction; 

13 (iv) voice matching; or 

14 (v) written confirmation from an indi15 vidual who is responsible, in whole or in 

16 part, for the creation or development of the 

17 visual depiction; and 

18 (B) in which— 

19 (i) the individual depicted is engaging 

20 in sexually explicit conduct; or 

21 (ii) the naked genitals, anus, pubic 

22 area, or post-pubescent female nipple of 

23 the individual depicted are visible. 

24 (7) PORNOGRAPHIC IMAGE.—The term ‘‘porno25 graphic image’’ means— 


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1 (A) any visual depiction of actual or 

2 feigned sexually explicit conduct; or 

3 (B) any intimate visual depiction. 

4 (8) USER.—The term ‘‘user’’— 

5 (A) means an individual who is an infor6 mation content provider (as defined in section 

7 230(f) of the Communications Act of 1934 (47 

8 U.S.C. 230(f))); and 

9 (B) with respect to a covered platform, 

10 means an individual described in subparagraph 

11 (A) who is responsible, in whole or in part, for 

12 the creation or development of pornographic im13 ages hosted or made available by the covered 

14 platform. 

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

16 UNITED STATES CODE.—For purposes of subsection 

17 (a)— 

18 (1) the term ‘‘computer’’ has the meaning given 

19 the term in section 2256 of title 18, United States 

20 Code; 

21 (2) the term ‘‘sexually explicit conduct’’ has the 

22 meaning given the term in section 2256(2)(A) of 

23 title 18, United States Code; and 

24 (3) the term ‘‘visual depiction’’ means a photo25 graph, film, video, or modified photograph, film, or 


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1 video, whether made or produced by electronic, me2 chanical, or other means. 

3 SEC. 4. SEVERABILITY CLAUSE. 

4 If any provision of this Act or an amendment made 

5 by this Act, or the application of such a provision or 

6 amendment to any person or circumstance, is held to be 

7 unconstitutional, the remaining provisions of this Act and 

8 amendments made by this Act, and the application of such 

9 provisions and amendments to any other person or cir10 cumstance, shall not be affected thereby. 

11 TITLE I—REGULATING THE 

12 UPLOADING OF PORNO13 GRAPHIC IMAGES TO ONLINE 

14 PLATFORMS 

15 SEC. 101. VERIFICATION OBLIGATIONS OF COVERED PLAT16 FORM OPERATORS. 

17 (a) VERIFICATION OF USERS.— 

18 (1) IN GENERAL.—A covered platform operator 

19 may not upload or allow a user to upload a porno20 graphic image to the covered platform unless the op21 erator has verified, in accordance with paragraph 

22 (2)— 

23 (A) the identity of the user; and 

24 (B) that the user is not less than 18 years 

25 old. 


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1 (2) MEANS OF COMPLIANCE.—In carrying out 

2 paragraph (1), a covered platform operator shall 

3 verify the identity and age of a user by— 

4 (A) requiring use of an adult access code 

5 or adult personal identification number; 

6 (B) accepting a digital certificate that 

7 verifies age; or 

8 (C) using any other reasonable measure of 

9 age verification that the Attorney General has 

10 determined to be feasible with available tech11 nology. 

12 (3) INSUFFICIENT USER CONFIRMATION.— 

13 Merely requiring a user to confirm that the user is 

14 not less than 18 years of age, without independent 

15 means of verification, shall not satisfy the require16 ment under paragraph (1). 

17 (b) VERIFICATION OF PARTICIPANTS.— 

18 (1) IN GENERAL.—A covered platform operator 

19 may not upload or allow a user to upload a porno20 graphic image to the covered platform unless the op21 erator has verified, in accordance with paragraph 

22 (2), that each individual appearing in the porno23 graphic image— 

24 (A) was not less than 18 years of age when 

25 the pornographic image was created; 


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1 (B) has provided explicit written evidence 

2 of consent for each sex act in which the indi3 vidual engaged during the creation of the por4 nographic image; and 

5 (C) has provided explicit written consent 

6 for the distribution of the specific pornographic 

7 image. 

8 (2) SEPARATE CONSENT FOR SEX ACT AND FOR

9 DISTRIBUTION OF IMAGE.— 

10 (A) CONSENT FOR SEX ACT.—Consent de11 scribed in subparagraph (B) of paragraph (1) 

12 does not imply or constitute evidence of consent 

13 described in subparagraph (C) of that para14 graph. 

15 (B) CONSENT FOR DISTRIBUTION OF

16 IMAGE.—Consent described in subparagraph 

17 (C) of paragraph (1) does not imply or con18 stitute evidence of consent described in sub19 paragraph (B) of that paragraph. 

20 (3) MEANS OF COMPLIANCE.—In carrying out 

21 paragraph (1), a covered platform operator shall ob22 tain, either from the user seeking to upload the por23 nographic image or through other means— 

24 (A) a consent form created or approved by 

25 the Attorney General under paragraph (4) from 


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1 each individual appearing in the pornographic 

2 image that includes— 

3 (i) the name, date of birth, and signa4 ture of the individual; 

5 (ii) a statement that the individual is 

6 not less than 18 years of age, unless no 

7 reasonable person could conclude that the 

8 individual is less than 30 years of age; 

9 (iii) a statement that the consent is 

10 for distribution of the specific porno11 graphic image; 

12 (iv) the geographic area and medium, 

13 meaning online, print, or other distribution 

14 method, for which the individual provides 

15 consent to distribution of the pornographic 

16 image; 

17 (v) the duration of time for which the 

18 individual provides consent to distribution 

19 of the pornographic image; 

20 (vi) a list of the specific sex acts that 

21 the person agrees to engage in for the por22 nographic image; and 

23 (vii) a statement that explains coerced 

24 consent and that the individual has the 


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1 right to withdraw the individual’s consent 

2 at any time; and 

3 (B) not less than 1 form of valid identi4 fication for each individual appearing in the 

5 pornographic image— 

6 (i) that— 

7 (I) was issued by an agency of 

8 the Federal Government or of a State, 

9 local, or foreign government; and 

10 (II) contains the name, date of 

11 birth, signature, and photograph of 

12 the individual; and 

13 (ii) on which the name, date of birth, 

14 and signature of the individual match the 

15 name, date of birth, and signature of the 

16 individual on the consent form required 

17 under subparagraph (A). 

18 (4) CREATION AND APPROVAL OF CONSENT

19 FORMS BY ATTORNEY GENERAL.— 

20 (A) ATTORNEY GENERAL CONSENT

21 FORM.— 

22 (i) IN GENERAL.—Not later than 60 

23 days after the date of enactment of this 

24 Act, the Attorney General shall create and 


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1 make available to the public a consent 

2 form for purposes of paragraph (3)(A). 

3 (ii) AVAILABILITY.—On and after the 

4 date that is 90 days after the date of en5 actment of this Act, a covered platform op6 erator shall make the consent form created 

7 under clause (i) available to users in both 

8 written and electronic format. 

9 (B) APPROVAL OF ALTERNATIVE CONSENT

10 FORMS.—For purposes of paragraph (3)(A), a 

11 user may submit to a covered platform an alter12 native consent form created by a user or cov13 ered platform operator if the alternative consent 

14 form has been approved by the Attorney Gen15 eral. 

16 (c) EFFECTIVE DATE; APPLICABILITY.—This section 

17 shall— 

18 (1) take effect on the date that is 90 days after 

19 the date of enactment of this Act; and 

20 (2) apply to any pornographic image uploaded 

21 to a covered platform before, on, or after that effec22 tive date. 

23 (d) RULES OF CONSTRUCTION.— 


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1 (1) OBLIGATIONS AND CRIMINAL LIABILITY

2 UNDER OTHER LAWS.—Nothing in this section shall 

3 be construed to— 

4 (A) affect any obligation of a covered plat5 form under any other provision of Federal or 

6 State law; or 

7 (B) impact or otherwise limit the criminal 

8 liability of a user or other individual under a 

9 Federal or State obscenity law. 

10 (2) FIRST AMENDMENT-PROTECTED SPEECH.— 

11 Nothing in this section shall be construed to prohibit 

12 or impose a prior restraint on speech that is pro13 tected by the First Amendment to the Constitution 

14 of the United States. 

15 SEC. 102. REMOVAL OF IMAGES DISTRIBUTED WITHOUT 

16 CONSENT. 

17 (a) DEFINITIONS.—In this section: 

18 (1) AUTHORIZED REPRESENTATIVE.—The term 

19 ‘‘authorized representative’’, with respect to an indi20 vidual, means— 

21 (A) a person authorized in writing under 

22 State or other applicable law by the individual 

23 to act on behalf of the individual with regard to 

24 the matter in question; or 


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1 (B) in the case of an individual under the 

2 age of 18, a parent or legal guardian of the in3 dividual. 

4 (2) ELIGIBLE PERSON.—The term ‘‘eligible per5 son’’, with respect to a pornographic image uploaded 

6 to a covered platform, means— 

7 (A) an individual who appears in the por8 nographic image and has not provided consent 

9 to, or has withdrawn consent in compliance 

10 with the laws of the applicable jurisdiction for, 

11 the distribution of the pornographic image; 

12 (B) an authorized representative of an in13 dividual described in subparagraph (A); or 

14 (C) a Federal, State, Tribal, or local law 

15 enforcement officer acting pursuant to a valid 

16 court order. 

17 (b) MECHANISM FOR REMOVAL.—A covered platform 

18 operator shall— 

19 (1) establish a procedure for removing a porno20 graphic image from the covered platform at the re21 quest of a person; and 

22 (2) designate 1 or more employees of the oper23 ator to be responsible for handling requests for re24 moval of pornographic images. 


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1 (c) NOTICE.—A covered platform operator shall dis2 play a prominently visible notice on the website or mobile 

3 application of the covered platform that provides instruc4 tions on how a person can request the removal of a porno5 graphic image. 

6 (d) RESPONSE TO REQUESTS FOR REMOVAL.— 

7 (1) REQUESTS FROM ELIGIBLE PERSONS.—If a 

8 covered platform operator receives a request from an 

9 eligible person, through any request mechanism of10 fered by the operator under subsection (b), to re11 move a pornographic image that is being hosted by 

12 the covered platform without the consent of an indi13 vidual who appears in the pornographic image, the 

14 operator shall remove the pornographic image as 

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

16 72 hours after receiving the request. 

17 (2) REQUESTS FROM PERSONS OTHER THAN

18 ELIGIBLE PERSONS.—If a covered platform operator 

19 receives a request from a person other than an eligi20 ble person, through any request mechanism offered 

21 by the operator under subsection (b), to remove a 

22 pornographic image that is being hosted by the cov23 ered platform without the consent of an individual 

24 who appears in the pornographic image, not later 

25 than 72 hours after receiving the request— 


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1 (A) the operator shall review the records of 

2 the operator with respect to the pornographic 

3 image to determine whether the pornographic 

4 image was uploaded to the platform in accord5 ance with the verification requirements under 

6 subsections (a) and (b) of section 101; and 

7 (B) if the operator determines under sub8 paragraph (A) that the pornographic image was 

9 not uploaded to the platform in accordance with 

10 the verification requirements under subsections 

11 (a) and (b) of section 101, the operator shall 

12 remove the pornographic image. 

13 (e) BLOCKING RE-UPLOADS.—In the case of a porno14 graphic image that has been removed from a covered plat15 form in accordance with this section, the covered platform 

16 operator shall block the pornographic image, and any al17 tered or edited version of the pornographic image, from 

18 being uploaded to the covered platform again. 

19 (f) EFFECTIVE DATE; APPLICABILITY.— 

20 (1) IN GENERAL.—This section shall— 

21 (A) except as provided in paragraph (2), 

22 take effect on the date that is 90 days after the 

23 date of enactment of this Act; and 


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1 (B) apply to any pornographic image 

2 uploaded to a covered platform before, on, or 

3 after that effective date. 

4 (2) BLOCKING RE-UPLOADS.—Subsection (e) 

5 shall take effect on the date that is 180 days after 

6 the date of enactment of this Act. 

7 SEC. 103. OBLIGATIONS OF USERS. 

8 (a) CONSENT REQUIREMENT.—A user of a covered 

9 platform may not upload a pornographic image of an indi10 vidual to the covered platform without the consent of the 

11 individual. 

12 (b) DETERMINATION OF CONSENT.—For purposes of 

13 subsection (a), whether an individual has provided consent 

14 to the uploading of an image shall be determined in ac15 cordance with this Act and applicable State law. 

16 TITLE II—ENFORCEMENT 

17 SEC. 201. CIVIL ENFORCEMENT. 

18 (a) VERIFICATION OBLIGATIONS OF COVERED PLAT19 FORM OPERATORS.— 

20 (1) CIVIL PENALTY FOR FAILURE TO VERIFY

21 USERS.— 

22 (A) IN GENERAL.—The Attorney General 

23 may impose a civil penalty on any covered plat24 form operator that violates section 101(a) in an 

25 amount of not more than $10,000 for each day 


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1 during which a pornographic image remains on 

2 the covered platform in violation of that section, 

3 beginning 24 hours after the Attorney General 

4 provides notice of the violation to the operator. 

5 (B) PER-DAY AND PER-IMAGE BASIS.—A 

6 civil penalty under subparagraph (A) shall ac7 crue on a per-day and per-image basis. 

8 (C) USE OF PROCEEDS.—Notwithstanding 

9 section 3302 of title 31, United States Code, 

10 the Attorney General may use the proceeds 

11 from a civil penalty collected under subpara12 graph (A) to carry out enforcement under this 

13 section. 

14 (2) CIVIL LIABILITY FOR FAILURE TO VERIFY

15 PARTICIPANTS.—If a covered platform operator vio16 lates section 101(b) with respect to a pornographic 

17 image, any person aggrieved by the violation may 

18 bring a civil action against the covered platform op19 erator in an appropriate district court of the United 

20 States for damages in an amount equal to the great21 er of— 

22 (A) $10,000 for each day during which a 

23 pornographic image remains on the covered 

24 platform in violation of that section, calculated 

25 on a per-day and per-image basis; or 


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1 (B) actual damages. 

2 (b) REMOVAL OF IMAGES DISTRIBUTED WITHOUT

3 CONSENT.— 

4 (1) CIVIL PENALTY FOR FAILURE TO ESTAB5 LISH MECHANISM FOR REMOVAL.— 

6 (A) IN GENERAL.—The Attorney General 

7 may impose a civil penalty on any covered plat8 form operator that violates section 102(b) in an 

9 amount of not more than $10,000 for each day 

10 during which the covered platform remains in 

11 violation of that section, beginning 24 hours 

12 after the Attorney General provides notice of 

13 the violation to the operator. 

14 (B) USE OF PROCEEDS.—Notwithstanding 

15 section 3302 of title 31, United States Code, 

16 the Attorney General may use the proceeds 

17 from a civil penalty collected under subpara18 graph (A) to carry out enforcement under this 

19 section. 

20 (2) CIVIL PENALTY FOR FAILURE TO DISPLAY

21 NOTICE OF MECHANISM FOR REMOVAL.—The Attor22 ney General may impose a civil penalty on any cov23 ered platform operator that violates section 102(c) 

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1 tion of that section, beginning 24 hours after the At2 torney General provides notice of the violation to the 

3 operator. 

4 (3) CIVIL LIABILITY FOR FAILURE TO MAKE

5 TIMELY REMOVAL.— 

6 (A) IN GENERAL.—If a covered platform 

7 operator violates section 102(d) with respect to 

8 a pornographic image, any person aggrieved by 

9 the violation may bring a civil action against 

10 the covered platform operator in an appropriate 

11 district court of the United States for damages 

12 in an amount equal to the greater of— 

13 (i) $10,000 for each day during which 

14 the pornographic image remains on the 

15 covered platform in violation of that sec16 tion, calculated on a per-day and per-image 

17 basis; or 

18 (ii) actual damages. 

19 (B) GOOD FAITH EXCEPTION.— 

20 (i) IN GENERAL.—A covered platform 

21 operator shall not be liable under subpara22 graph (A) for a violation of section 102(d) 

23 if, in allowing the upload of a pornographic 

24 image to the covered platform, the oper25 ator reasonably relied on verification mateVerDate Sep 11 2014 21:19 Feb 06, 2024 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S3718.IS S3718

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1 rials, in accordance with section 101(b)(3), 

2 that were later found to be fraudulent, 

3 provided that the operator removes the 

4 pornographic image not later than 24 

5 hours after discovering that the verification 

6 materials are fraudulent. 

7 (ii) FAILURE TO REMOVE.—If a cov8 ered platform operator fails to remove a 

9 pornographic image within 24 hours of dis10 covering that the verification materials are 

11 fraudulent, as described in clause (i), dam12 ages under subparagraph (A)(i) shall be 

13 calculated with respect to each day on or 

14 after the date on which that 24-hour pe15 riod expires. 

16 (4) CIVIL LIABILITY FOR FAILURE TO BLOCK

17 RE-UPLOADS.—If a covered platform operator vio18 lates section 102(e) with respect to a pornographic 

19 image, any person aggrieved by the violation may 

20 bring a civil action against the covered platform op21 erator in an appropriate district court of the United 

22 States for damages in an amount equal to the great23 er of— 


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•S 3718 IS

1 (A) $10,000 for each day during which the 

2 pornographic image remains on the covered 

3 platform in violation of that section; or 

4 (B) actual damages. 

5 (c) CIVIL LIABILITY FOR VIOLATION OF USER OBLI6 GATIONS.—If a user of a covered platform violates section 

7 103 with respect to a pornographic image, any person ag8 grieved by the violation may bring a civil action against 

9 the user in an appropriate district court of the United 

10 States for damages in an amount equal to the greater of— 

11 (1) $10,000 for each day during which the por12 nographic image remains on the covered platform in 

13 violation of that section, calculated on a per-day and 

14 per-image basis; or 

15 (2) actual damages. 

16 (d) RELATION TO COMMUNICATIONS DECENCY

17 ACT.—Nothing in this section shall be construed to affect 

18 section 230 of the Communications Act of 1934 (47 

19 U.S.C. 230). 

20 SEC. 202. CRIMINAL PROHIBITION ON NONCONSENSUAL 

21 DISTRIBUTION OF INTIMATE VISUAL DEPIC22 TIONS. 

23 (a) IN GENERAL.—Chapter 88 of title 18, United 

24 States Code, is amended by adding at the end the fol25 lowing: 


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1 ‘‘§ 1802. Nonconsensual distribution of intimate vis2 ual depictions 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) INFORMATION CONTENT PROVIDER.—The 

5 term ‘information content provider’ has the meaning 

6 given the term in section 230(f) of the Communica7 tions Act of 1934 (47 U.S.C. 230(f)). 

8 ‘‘(2) INTERACTIVE COMPUTER SERVICE.—The 

9 term ‘interactive computer service’ has the meaning 

10 given the term in section 230(f) of the Communica11 tions Act of 1934 (47 U.S.C. 230(f)). 

12 ‘‘(3) INTIMATE VISUAL DEPICTION.—The term 

13 ‘intimate visual depiction’ means any visual depic14 tion— 

15 ‘‘(A) of an individual who is reasonably 

16 identifiable from the visual depiction itself or 

17 information displayed in connection with the 

18 visual depiction, including through— 

19 ‘‘(i) facial recognition; 

20 ‘‘(ii) an identifying marking on the in21 dividual, including a birthmark or piercing; 

22 ‘‘(iii) an identifying feature of the 

23 background of the visual depiction; 

24 ‘‘(iv) voice matching; or 

25 ‘‘(v) written confirmation from an in26 dividual who is responsible, in whole or in 


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1 part, for the creation or development of the 

2 visual depiction; and 

3 ‘‘(B) in which— 

4 ‘‘(i) the individual depicted is engag5 ing in sexually explicit conduct; or 

6 ‘‘(ii) the naked genitals, anus, pubic 

7 area, or post-pubescent female nipple of 

8 the individual depicted are visible and are 

9 depicted with the objective intent to 

10 arouse, titillate, or gratify the sexual de11 sires of a person. 

12 ‘‘(4) SEXUALLY EXPLICIT CONDUCT.—The term 

13 ‘sexually explicit conduct’ has the meaning given 

14 that term in section 2256(2)(A). 

15 ‘‘(5) VISUAL DEPICTION.—The term ‘visual de16 piction’ means a photograph, film, video, or modified 

17 photograph, film, or video, whether made or pro18 duced by electronic, mechanical, or other means. 

19 ‘‘(b) OFFENSE.—Except as provided in subsection 

20 (d), it shall be unlawful for any information content pro21 vider to knowingly use any interactive computer service 

22 to publish an intimate visual depiction of an individual 

23 with knowledge of or reckless disregard for— 

24 ‘‘(1) the lack of consent of the individual to the 

25 publication; and 


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1 ‘‘(2) the reasonable expectation of the indi2 vidual that the depiction would not be published 

3 through an interactive computer service without the 

4 individual’s consent. 

5 ‘‘(c) PENALTY.—Any person who violates subsection 

6 (b) shall be fined under this title, imprisoned for not more 

7 than 5 years, or both. 

8 ‘‘(d) EXCEPTIONS.— 

9 ‘‘(1) LAW ENFORCEMENT, LAWFUL REPORTING, 

10 AND OTHER LEGAL PROCEEDINGS.—Subsection 

11 (b)— 

12 ‘‘(A) does not prohibit any lawful law en13 forcement, correctional, or intelligence activity; 

14 ‘‘(B) shall not apply to an individual acting 

15 in good faith to report unlawful activity or in 

16 pursuance of a legal or other lawful obligation; 

17 and 

18 ‘‘(C) shall not apply to a document produc19 tion or filing associated with a legal proceeding. 

20 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

21 this subsection shall affect the liability protection 

22 provided under section 230 of the Communications 

23 Act of 1934 (47 U.S.C. 230). 

24 ‘‘(e) VENUE AND EXTRATERRITORIALITY.— 


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1 ‘‘(1) VENUE.—A prosecution under this section 

2 may be brought in a district in which— 

3 ‘‘(A) the defendant or the depicted indi4 vidual resides; or 

5 ‘‘(B) the intimate visual depiction is dis6 tributed or made available. 

7 ‘‘(2) EXTRATERRITORIALITY.—There is 

8 extraterritorial Federal jurisdiction over an offense 

9 under this section if the defendant or the depicted 

10 individual is a citizen or permanent resident of the 

11 United States.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 for chapter 88 of title 18, United States Code, is amended 

14 by adding at the end the following: 

‘‘1802. Nonconsensual distribution of intimate visual depictions.’’. 

Æ 


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