III 

116TH CONGRESS 

2D SESSION S. RES. 794 

Urging the European Parliament to exempt certain technologies used to 

detect child sexual exploitation from European Union ePrivacy directive. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 7, 2020 

Mr. COTTON (for himself and Mrs. LOEFFLER) submitted the following 

resolution; which was referred to the Committee on Foreign Relations 

RESOLUTION 

Urging the European Parliament to exempt certain technologies used to detect child sexual exploitation from 

European Union ePrivacy directive. 

Whereas ensuring the safety of children online is a global 

issue that nations must address together; 

Whereas the online trafficking of child sexual abuse material 

(referred to in this preamble as ‘‘CSAM’’) and online enticement of children (also known as ‘‘grooming’’) are pervasive problems that are growing at dramatic rates; 

Whereas crucial tools in detecting CSAM and grooming online and protecting children using online platforms from 

child predators are hashing, PhotoDNA, and anti-grooming technologies that are voluntarily used by electronic 

service providers (referred to in this preamble as 

‘‘ESPs’’) to detect, report, and remove CSAM; 


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•SRES 794 IS 

Whereas the use of hashing, PhotoDNA, and anti-grooming 

technology by ESPs has generated millions of reports annually to the CyberTipline of the National Center for 

Missing & Exploited Children; 

Whereas the CyberTipline is a global hotline for reports related to child sexual exploitation that was authorized by 

Congress in 1998; 

Whereas in 2019, more than 69,000,000 images, videos, and 

files related to child sexual abuse were reported to the 

CyberTipline, with more than 3,000,000 of these images, 

videos, and files related to an offender or child victim in 

the European Union (referred to in this preamble as the 

‘‘EU’’); 

Whereas in a Communication to the European Parliament, 

dated July 24, 2020, the European Commission noted, 

‘‘the EU has become the largest host of child sexual 

abuse material globally (from more than half in 2016 to 

more than two thirds in 2019)’’; 

Whereas in 2018, an EU Directive extended the scope of prohibitions on processing personal data in the electronic 

communications sector to cover interpersonal communications, such as messenger services and e-mail; 

Whereas this EU Directive will cause ESPs to lose any legal 

basis to use hashing, PhotoDNA, and anti-grooming 

technologies to detect and report CSAM and online enticement of children to the CyberTipline; 

Whereas this EU Directive will take effect December 21, 

2020, which still allows time to amend this Directive to 

exempt the voluntary practice of using these technologies 

to detect and report distribution of CSAM and enticement of children for sexual abuse; 


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•SRES 794 IS 

Whereas the prohibition on the use of hashing, PhotoDNA, 

and anti-grooming technologies could have dire consequences for children in Europe and globally; 

Whereas it is unclear whether ESPs— 

(1) will be able to partition the use of hashing, 

PhotoDNA, and anti-grooming technologies to carve out 

users in the EU; and 

(2) will decide to abandon the voluntary use of these 

technologies in the United States and globally; 

Whereas since children in the United States can be harmed 

by online predators in the EU through grooming, enticement, and the dissemination of CSAM images among EU 

offenders, such material should be detected, reported, and 

removed; 

Whereas if the use of hashing, PhotoDNA, and anti-grooming 

technologies for detecting CSAM and grooming is 

stopped, the exploitation of children globally will largely 

go undetected and continue to proliferate; and 

Whereas Congress agrees with the European Commission 

that ‘‘immediate action must be taken to address this 

issue’’: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) finds that hashing, PhotoDNA, and anti3 grooming technologies are essential in detecting 

4 child sexual abuse material and exploitation online, 

5 including known and new CSAM, and grooming of 

6 children globally; and 

7 (2) urges the European Parliament to pass an 

8 interim regulation to allow electronic service proVerDate Sep 11 2014 04:01 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\SR794.IS SR794

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•SRES 794 IS 

1 viders to continue their current voluntary activities 

2 of using hashing, PhotoDNA, and anti-grooming 

3 technologies for the purpose of detecting child sexual 

4 exploitation. 

Æ 


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