II 

Calendar No. 69 

118TH CONGRESS 

1ST SESSION S. 1199 

To combat the sexual exploitation of children by supporting victims and 

promoting accountability and transparency by the tech industry. 

IN THE SENATE OF THE UNITED STATES 

APRIL 19, 2023 

Mr. DURBIN (for himself, Mr. HAWLEY, Mr. CRUZ, and Mr. GRASSLEY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

MAY 15, 2023 

Reported by Mr. DURBIN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To combat the sexual exploitation of children by supporting 

victims and promoting accountability and transparency 

by the tech industry. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthening Trans5 parency and Obligations to Protect Children Suffering 


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1 from Abuse and Mistreatment Act of 2023’’ or the ‘‘STOP 

2 CSAM Act of 2023’’. 

3 SEC. 2. MANDATORY REPORTING OF CHILD ABUSE. 

4 (a) IN GENERAL.—Section 226 of the Victims of 

5 Child Abuse Act of 1990 (34 U.S.C. 20341) is amended— 

6 (1) in subsection (a)(2)— 

7 (A) by striking ‘‘A covered individual’’ and 

8 inserting the following: 

9 ‘‘(A) IN GENERAL.—A covered individual’’; 

10 and 

11 (B) by adding at the end the following: 

12 ‘‘(B) GEOGRAPHIC APPLICABILITY.—Sub13 paragraph (A) shall apply with respect to an in14 cident of child abuse that— 

15 ‘‘(i) occurred within the United 

16 States; or 

17 ‘‘(ii)(I) occurred outside the United 

18 States; and 

19 ‘‘(II) was committed by a United 

20 States citizen or an alien lawfully admitted 

21 for permanent residence.’’; 

22 (2) in subsection (b)(8), by inserting ‘‘and com23 puter repair technicians’’ after ‘‘photo processors’’; 

24 (3) in subsection (c)— 


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1 (A) in paragraph (1), by striking ‘‘physical 

2 or mental injury’’ and inserting ‘‘physical in3 jury, psychological abuse’’; 

4 (B) by striking paragraph (3) and insert5 ing the following: 

6 ‘‘(3) the term ‘psychological abuse’ includes— 

7 ‘‘(A) a pattern of acts, threats of acts, or 

8 coercive tactics intended to degrade, humiliate, 

9 intimidate, or terrorize, a child; and 

10 ‘‘(B) the infliction of trauma on a child 

11 through— 

12 ‘‘(i) isolation; 

13 ‘‘(ii) the withholding of food or other 

14 necessities in order to control behavior; 

15 ‘‘(iii) physical restraint; or 

16 ‘‘(iv) confinement of the child without 

17 the child’s consent and in degrading condi18 tions;’’; 

19 (C) in paragraph (5)(D)— 

20 (i) by striking ‘‘genitals’’ and insert21 ing ‘‘anus, genitals,’’; and 

22 (ii) by striking ‘‘or animal’’; 

23 (D) in paragraph (6), by striking ‘‘child 

24 prostitution’’ and inserting ‘‘child sex traf25 ficking’’; 


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1 (E) in paragraph (8), by striking ‘‘the 

2 term ‘child abuse’ ’’ and inserting ‘‘the terms 

3 ‘physical injury’ and ‘psychological abuse’ ’’; 

4 (F) in paragraph (9)— 

5 (i) in subparagraph (A)— 

6 (I) by striking ‘‘minor’’ and in7 serting ‘‘child’’; and 

8 (II) by striking ‘‘or’’ at the end; 

9 (ii) in subparagraph (B), by adding 

10 ‘‘or’’ at the end; and 

11 (iii) by adding at the end the fol12 lowing: 

13 ‘‘(C) is authorized to interact with a child 

14 by a covered program that is providing any 

15 care, treatment, education, training, instruc16 tion, religious guidance, supervision, or rec17 reational opportunities to that child;’’; 

18 (G) in paragraph (11), by striking ‘‘and’’ 

19 at the end; 

20 (H) in paragraph (12), by striking the pe21 riod and inserting a semicolon; and 

22 (I) by adding at the end the following: 

23 ‘‘(13) the term ‘child’ means a person who is 

24 under the age of 18; 


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1 ‘‘(14) the term ‘computer’ has the meaning 

2 given the term in section 1030 of title 18, United 

3 States Code; 

4 ‘‘(15) the term ‘covered program’ means any 

5 program that receives, in any 1-year period, benefits 

6 in excess of $10,000 under a Federal program in7 volving a grant (not including a formula grant to a 

8 State, territory, or Tribe), contract, subsidy, loan, 

9 guarantee, insurance, or other form of Federal as10 sistance to provide any care, treatment, education, 

11 training, instruction, religious guidance, supervision, 

12 or recreational opportunities to a child; and 

13 ‘‘(16) the term ‘privileged communication’ 

14 means any communication between 2 parties that, 

15 under any applicable law where the communication 

16 takes place— 

17 ‘‘(A) is recognized as privileged; 

18 ‘‘(B) is not subject to any exception; and 

19 ‘‘(C) is not subject to a reporting require20 ment regardless of any applicable privilege.’’; 

21 (4) in subsection (d)— 

22 (A) in the first sentence, by striking ‘‘an 

23 agency’’ and inserting ‘‘one or more agencies’’; 

24 and 


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1 (B) by striking ‘‘and law enforcement per2 sonnel’’ and inserting ‘‘, law enforcement per3 sonnel, and children’s advocacy center personnel 

4 in a multidisciplinary team setting’’; 

5 (5) in subsection (i)— 

6 (A) in the heading, by striking ‘‘RULE’’ 

7 and inserting ‘‘RULES’’; 

8 (B) by striking ‘‘Nothing’’ and inserting 

9 the following: 

10 ‘‘(1) APPLICABILITY TO VICTIMS.—Nothing’’; 

11 and 

12 (C) by adding at the end the following: 

13 ‘‘(2) APPLICABILITY TO ATTORNEYS.—Nothing 

14 in this section shall be construed to require a li15 censed attorney to take any action that would violate 

16 any applicable rule of professional conduct. 

17 ‘‘(3) PRIVILEGED COMMUNICATIONS.—Nothing 

18 in this section shall be construed to require a cov19 ered individual described in subsection (c)(9)(C) who 

20 engages in privileged communication through the 

21 covered individual’s work for the covered program, 

22 whether or not for compensation, to report any in23 formation exclusively received in the context of a 

24 privileged communication.’’; and 

25 (6) by adding at the end the following: 


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1 ‘‘(j) OUTREACH TO COVERED PROGRAMS.— 

2 ‘‘(1) IN GENERAL.—Each Federal agency that 

3 has provided Federal assistance to a program that 

4 may cause the program to qualify as a covered pro5 gram shall make reasonable efforts to promote 

6 awareness of the reporting requirements under sub7 section (a) among such programs. 

8 ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) 

9 shall not be construed to require individual notice to 

10 each program to which a Federal agency has pro11 vided Federal assistance as described in that para12 graph.’’. 

13 (b) CONFORMING AMENDMENT TO TITLE 18, 

14 UNITED STATES CODE.—Section 2258 of title 18, United 

15 States Code, is amended to read as follows: 

16 ‘‘§ 2258. Failure to report child abuse 

17 ‘‘(a) DEFINITIONS.—In this section, the terms ‘child 

18 abuse’ and ‘covered individual’ have the meanings given 

19 those terms in section 226 of the Victims of Child Abuse 

20 Act of 1990 (34 U.S.C. 20341). 

21 ‘‘(b) OFFENSES.— 

22 ‘‘(1) COVERED PROFESSIONALS.—It shall be 

23 unlawful for a person who, while engaged in a pro24 fessional capacity or activity described in subsection 

25 (b) of section 226 of the Victims of Child Abuse Act 


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1 of 1990 (34 U.S.C. 20341) on Federal land or in a 

2 federally operated (or contracted) facility, learns of 

3 facts that give reason to suspect that a child has 

4 suffered an incident of child abuse, to knowingly fail 

5 to make a timely report as required by subsection 

6 (a)(1) of that section. 

7 ‘‘(2) COVERED INDIVIDUALS.—It shall be un8 lawful for a covered individual who learns of facts 

9 that give reason to suspect that a child has suffered 

10 an incident of child abuse described in subsection (c) 

11 to knowingly fail to make a timely report as required 

12 by subsection (a)(2) of section 226 of the Victims of 

13 Child Abuse Act of 1990 (34 U.S.C. 20341). 

14 ‘‘(c) INCIDENTS OF CHILD ABUSE THAT COVERED

15 INDIVIDUALS MUST REPORT.—An incident of child abuse 

16 referred to in subsection (b)(2) is an incident of child 

17 abuse that— 

18 ‘‘(1) occurred within the United States; or 

19 ‘‘(2)(A) occurred outside the United States; and 

20 ‘‘(B) was committed by a United States citizen 

21 or an alien lawfully admitted for permanent resi22 dence. 

23 ‘‘(d) PENALTY.—A person or individual who violates 

24 subsection (b) shall be fined under this title or imprisoned 

25 not more than 1 year or both.’’. 


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1 (c) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), the amendments made by subsections (a) 

4 and (b) shall take effect on the date that is 120 days 

5 after the date of enactment of this Act. 

6 (2) OUTREACH.—The amendment made by sub7 section (a)(5) shall take effect on the date of enact8 ment of this Act. 

9 (d) ICAC TASK FORCE SUPPLEMENTAL GRANT PRO10 GRAM.— 

11 (1) DEFINITIONS.—In this subsection: 

12 (A) CHILD.—The term ‘‘child’’ means an 

13 individual who has not attained 18 years of age. 

14 (B) CHILD ABUSE.—The term ‘‘child 

15 abuse’’— 

16 (i) has the meaning given the term 

17 under any applicable State law requiring 

18 reporting of child abuse or neglect by indi19 viduals; or 

20 (ii) in the case of a State in which a 

21 law described in clause (i) that defines 

22 ‘‘child abuse’’ is not in effect, has the 

23 meaning given the term in section 226(c) 

24 of the Victims of Child Abuse Act of 1990 

25 (34 U.S.C. 20341(c)). 


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1 (C) COVERED ENTITY.—The term ‘‘cov2 ered entity’’ means any institution, program, or 

3 organization that provides any care, treatment, 

4 education, training, instruction, religious guid5 ance, supervision, or recreational opportunities 

6 to a child. 

7 (D) ICAC GRANT PROGRAM.—The term 

8 ‘‘ICAC Grant Program’’ means the grant pro9 gram under section 106 of the PROTECT Our 

10 Children Act of 2008 (34 U.S.C. 21116). 

11 (E) ICAC TASK FORCE.—The term ‘‘ICAC 

12 Task Force’’ means a task force that is part of 

13 the National Internet Crimes Against Children 

14 Task Force Program established under section 

15 102 of the PROTECT Our Children Act of 

16 2008 (34 U.S.C. 21112). 

17 (F) ELIGIBLE ICAC TASK FORCE.—The 

18 term ‘‘Eligible ICAC Task Force’’ means an 

19 ICAC Task Force that— 

20 (i) was established on or before the 

21 date of enactment of this Act; and 

22 (ii) is located in a State that, as of 

23 the last day of the preceding fiscal year, 

24 had in effect a law that, at a minimum— 


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1 (I) with respect to a mandatory 

2 reporter who learns of facts that give 

3 reason to suspect that a child has suf4 fered an incident of child abuse, re5 quires the mandatory reporter to re6 port the suspected child abuse to a 

7 law enforcement agency, a child pro8 tective services agency, or both; 

9 (II) requires the report described 

10 in subclause (I) to be made as soon as 

11 possible, and in any event not later 

12 than 48 hours after the mandatory re13 porter learns of the facts that give 

14 reason to suspect that a child has suf15 fered an incident of child abuse; 

16 (III) prohibits a covered entity 

17 from— 

18 (aa) taking any action to 

19 prevent or discourage reporting 

20 of child abuse; or 

21 (bb) retaliating against a 

22 mandatory reporter for making a 

23 report described in subclause (I); 

24 and 


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1 (IV) provides a criminal, civil, or 

2 administrative penalty for the know3 ing failure by a mandatory reporter to 

4 submit a report in accordance with 

5 the requirement described in sub6 clause (I). 

7 (G) MANDATORY REPORTER.—The term 

8 ‘‘mandatory reporter’’ means an individual 

9 who— 

10 (i) has attained the age of 18 years; 

11 and 

12 (ii) is authorized to interact with a 

13 child by a covered entity that is providing 

14 any care, treatment, education, training, 

15 instruction, religious guidance, supervision, 

16 or recreational opportunities to that child. 

17 (H) PRIVILEGED COMMUNICATION.—The 

18 term ‘‘privileged communication’’ means any 

19 communication between 2 parties that, under 

20 any applicable law where the communication 

21 takes place— 

22 (i) is recognized as privileged; 

23 (ii) is not subject to any exception; 

24 and 


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1 (iii) is not subject to a reporting re2 quirement regardless of any applicable 

3 privilege. 

4 (2) WAIVER OF MATCH FOR ELIGIBLE ICAC

5 TASK FORCES.—The Attorney General shall waive 

6 the matching requirement for an Eligible ICAC 

7 Task Force under section 106(a)(3)(B) of the PRO8 TECT Our Children Act of 2008 (34 U.S.C. 

9 21116(a)(3)(B)) for not more than 4 fiscal years in 

10 accordance with this subsection. 

11 (3) ESTABLISHMENT OF ICAC TASK FORCE SUP12 PLEMENTAL GRANT PROGRAM.— 

13 (A) SUPPLEMENTAL GRANT PROGRAM ES14 TABLISHED.—There is established an ICAC 

15 Task Force Supplemental Grant Program with16 in the Department of Justice, under which the 

17 Attorney General shall award grants (referred 

18 to in this subsection as ‘‘supplemental grants’’) 

19 to an Eligible ICAC Task Force in addition to 

20 any grants distributed to the Eligible ICAC 

21 Task Force under the ICAC Grant Program. 

22 (B) GRANT AMOUNT.—The amount of a 

23 supplemental grant awarded to an Eligible 

24 ICAC Task Force shall be not less than 10 per25 cent of the average amount of the 3 most reVerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6401 E:\BILLS\S1199.RS S1199

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1 cent awards to the Eligible ICAC Task Force 

2 under the ICAC Grant Program. 

3 (C) REMAINING FUNDS.—Any amounts ap4 propriated to carry out this subsection that are 

5 not used for supplemental grants shall be dis6 tributed to any Eligible ICAC Task Force in 

7 accordance with section 106(a)(3)(A) of the 

8 PROTECT Our Children Act of 2008 (34 

9 U.S.C. 21116(a)(3)(A)). 

10 (D) NUMBER OF SUPPLEMENTAL

11 GRANTS.—The Attorney General may provide a 

12 supplemental grant to an Eligible ICAC Task 

13 Force for not more than 4 fiscal years. 

14 (4) APPLICATION.—An Eligible ICAC Task 

15 Force seeking the waiver described in paragraph (2) 

16 or a supplemental grant shall submit an application 

17 to the Attorney General at such time, in such man18 ner, and containing such information as the Attor19 ney General may reasonably require, including infor20 mation about the law described in paragraph 

21 (1)(F)(ii). 

22 (5) RULE OF CONSTRUCTION.—Nothing in 

23 paragraph (1)(F)(ii) shall be construed to require a 

24 State to have in effect a law that requires an indi25 vidual who engages in privileged communication 


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1 through the individual’s work for a covered entity, 

2 whether or not for compensation, to report any in3 formation exclusively received in the context of a 

4 privileged communication. 

5 (6) AUTHORIZATION OF APPROPRIATIONS.— 

6 There is authorized to be appropriated to carry out 

7 this subsection $25,000,000 for each of fiscal years 

8 2024 through 2029. 

9 SEC. 3. PROTECTING CHILD VICTIMS AND WITNESSES IN 

10 FEDERAL COURT. 

11 (a) IN GENERAL.—Section 3509 of title 18, United 

12 States Code, is amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (2)(A), by striking ‘‘or 

15 exploitation’’ and inserting ‘‘exploitation, or 

16 kidnapping, including international parental 

17 kidnapping’’; 

18 (B) in paragraph (3), by striking ‘‘physical 

19 or mental injury’’ and inserting ‘‘physical in20 jury, psychological abuse’’; 

21 (C) by striking paragraph (5) and insert22 ing the following: 

23 ‘‘(5) the term ‘psychological abuse’ includes— 


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1 ‘‘(A) a pattern of acts, threats of acts, or 

2 coercive tactics intended to degrade, humiliate, 

3 intimidate, or terrorize a child; and 

4 ‘‘(B) the infliction of trauma on a child 

5 through— 

6 ‘‘(i) isolation; 

7 ‘‘(ii) the withholding of food or other 

8 necessities in order to control behavior; 

9 ‘‘(iii) physical restraint; or 

10 ‘‘(iv) the confinement of the child 

11 without the child’s consent and in degrad12 ing conditions;’’; 

13 (D) in paragraph (6), by striking ‘‘child 

14 prostitution’’ and inserting ‘‘child sex traf15 ficking’’; 

16 (E) by striking paragraph (7) and insert17 ing the following: 

18 ‘‘(7) the term ‘multidisciplinary child abuse 

19 team’ means a professional unit of individuals work20 ing together to investigate child abuse and provide 

21 assistance and support to a victim of child abuse, 

22 composed of representatives from— 

23 ‘‘(A) health, social service, and legal serv24 ice agencies that represent the child; 


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1 ‘‘(B) law enforcement agencies and pros2 ecutorial offices; and 

3 ‘‘(C) children’s advocacy centers;’’; 

4 (F) in paragraph (9)(D)— 

5 (i) by striking ‘‘genitals’’ and insert6 ing ‘‘anus, genitals,’’; and 

7 (ii) by striking ‘‘or animal’’; 

8 (G) in paragraph (11), by striking ‘‘and’’ 

9 at the end; 

10 (H) in paragraph (12)— 

11 (i) by striking ‘‘the term ‘child abuse’ 

12 does not’’ and inserting ‘‘the terms ‘phys13 ical injury’ and ‘psychological abuse’ do 

14 not’’; and 

15 (ii) by striking the period and insert16 ing a semicolon; and 

17 (I) by adding at the end the following: 

18 ‘‘(13) the term ‘covered person’ means a person 

19 of any age who— 

20 ‘‘(A) is or is alleged to be— 

21 ‘‘(i) a victim of a crime of physical 

22 abuse, sexual abuse, exploitation, or kid23 napping, including international parental 

24 kidnapping; or 


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1 ‘‘(ii) a witness to a crime committed 

2 against another person; and 

3 ‘‘(B) was under the age of 18 when the 

4 crime described in subparagraph (A) was com5 mitted; and 

6 ‘‘(14) the term ‘protected information’, with re7 spect to a covered person, includes— 

8 ‘‘(A) personally identifiable information of 

9 the covered person, including— 

10 ‘‘(i) the name of the covered person; 

11 ‘‘(ii) an address; 

12 ‘‘(iii) a phone number; 

13 ‘‘(iv) a user name or identifying infor14 mation for an online, social media, or 

15 email account; and 

16 ‘‘(v) any information that can be used 

17 to distinguish or trace the identity of the 

18 covered person, either alone or when com19 bined with other information that is linked 

20 or linkable to the covered person; 

21 ‘‘(B) medical, dental, behavioral, psy22 chiatric, or psychological information of the cov23 ered person; 

24 ‘‘(C) educational or juvenile justice records 

25 of the covered person; and 


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1 ‘‘(D) any other information concerning the 

2 covered person that is deemed ‘protected infor3 mation’ by order of the court under subsection 

4 (d)(5).’’; 

5 (2) in subsection (b)— 

6 (A) in paragraph (1)(C), by striking 

7 ‘‘minor’’ and inserting ‘‘child’’; and 

8 (B) in paragraph (2)— 

9 (i) in the heading, by striking 

10 ‘‘VIDEOTAPED’’ and inserting ‘‘RE11 CORDED’’; 

12 (ii) in subparagraph (A), by striking 

13 ‘‘that the deposition be recorded and pre14 served on videotape’’ and inserting ‘‘that a 

15 video recording of the deposition be made 

16 and preserved’’; 

17 (iii) in subparagraph (B)— 

18 (I) in clause (ii), by striking 

19 ‘‘that the child’s deposition be taken 

20 and preserved by videotape’’ and in21 serting ‘‘that a video recording of the 

22 child’s deposition be made and pre23 served’’; 

24 (II) in clause (iii)— 


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1 (aa) in the matter preceding 

2 subclause (I), by striking ‘‘video3 tape’’ and inserting ‘‘recorded’’; 

4 and 

5 (bb) in subclause (IV), by 

6 striking ‘‘videotape’’ and insert7 ing ‘‘recording’’; and 

8 (III) in clause (v)— 

9 (aa) in the heading, by 

10 striking ‘‘VIDEOTAPE’’ and in11 serting ‘‘VIDEO RECORDING’’; 

12 (bb) in the first sentence, by 

13 striking ‘‘made and preserved on 

14 video tape’’ and inserting ‘‘re15 corded and preserved’’; and 

16 (cc) in the second sentence, 

17 by striking ‘‘videotape’’ and in18 serting ‘‘video recording’’; 

19 (iv) in subparagraph (C), by striking 

20 ‘‘child’s videotaped’’ and inserting ‘‘video 

21 recording of the child’s’’; 

22 (v) in subparagraph (D)— 

23 (I) by striking ‘‘videotaping’’ and 

24 inserting ‘‘deposition’’; and 


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1 (II) by striking ‘‘videotaped’’ and 

2 inserting ‘‘recorded’’; 

3 (vi) in subparagraph (E), by striking 

4 ‘‘videotaped’’ and inserting ‘‘recorded’’; 

5 and 

6 (vii) in subparagraph (F), by striking 

7 ‘‘videotape’’ each place the term appears 

8 and inserting ‘‘video recording’’; 

9 (3) in subsection (d)— 

10 (A) in paragraph (1)(A)— 

11 (i) in clause (i), by striking ‘‘the name 

12 of or any other information concerning a 

13 child’’ and inserting ‘‘a covered person’s 

14 protected information’’; and 

15 (ii) in clause (ii)— 

16 (I) by striking ‘‘documents de17 scribed in clause (i) or the informa18 tion in them that concerns a child’’ 

19 and inserting ‘‘a covered person’s pro20 tected information’’; and 

21 (II) by striking ‘‘, have reason to 

22 know such information’’ and inserting 

23 ‘‘(including witnesses or potential wit24 nesses), have reason to know each 


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1 item of protected information to be 

2 disclosed’’; 

3 (B) in paragraph (2)— 

4 (i) by striking ‘‘the name of or any 

5 other information concerning a child’’ each 

6 place the term appears and inserting ‘‘a 

7 covered person’s protected information’’; 

8 (ii) by redesignating subparagraphs 

9 (A) and (B) as clauses (i) and (ii), respec10 tively, and adjusting the margins accord11 ingly; 

12 (iii) by striking ‘‘All papers’’ and in13 serting the following: 

14 ‘‘(A) IN GENERAL.—All papers’’; and 

15 (iv) by adding at the end the fol16 lowing: 

17 ‘‘(B) ENFORCEMENT OF VIOLATIONS.— 

18 The court may address a violation of subpara19 graph (A) in the same manner as disobedience 

20 or resistance to a lawful court order under sec21 tion 401(3).’’; 

22 (C) in paragraph (3)— 

23 (i) in subparagraph (A)— 

24 (I) by striking ‘‘a child from pub25 lic disclosure of the name of or any 


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1 other information concerning the 

2 child’’ and inserting ‘‘a covered per3 son’s protected information from pub4 lic disclosure’’; and 

5 (II) by striking ‘‘, if the court de6 termines that there is a significant 

7 possibility that such disclosure would 

8 be detrimental to the child’’; 

9 (ii) in subparagraph (B)— 

10 (I) in clause (i)— 

11 (aa) by striking ‘‘a child wit12 ness, and the testimony of any 

13 other witness’’ and inserting 

14 ‘‘any witness’’; and 

15 (bb) by striking ‘‘the name 

16 of or any other information con17 cerning a child’’ and inserting 

18 ‘‘the covered person’s protected 

19 information’’; and 

20 (II) in clause (ii), by striking 

21 ‘‘child’’ and inserting ‘‘covered per22 son’’; and 

23 (iii) by adding at the end the fol24 lowing: 


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1 ‘‘(C)(i) For purposes of this paragraph, there 

2 shall be a presumption that public disclosure of a 

3 covered person’s protected information would be det4 rimental to the covered person. 

5 ‘‘(ii) The court shall deny a motion for a pro6 tective order under subparagraph (A) only if the 

7 court finds that the party opposing the motion has 

8 rebutted the presumption under clause (i) of this 

9 subparagraph.’’; 

10 (D) in paragraph (4)— 

11 (i) by striking ‘‘This subsection’’ and 

12 inserting the following: 

13 ‘‘(A) DISCLOSURE TO CERTAIN PARTIES.— 

14 This subsection’’; 

15 (ii) in subparagraph (A), as so des16 ignated— 

17 (I) by striking ‘‘the name of or 

18 other information concerning a child’’ 

19 and inserting ‘‘a covered person’s pro20 tected information’’; and 

21 (II) by striking ‘‘or an adult at22 tendant, or to’’ and inserting ‘‘an 

23 adult attendant, a law enforcement 

24 agency for any intelligence or inves25 tigative purpose, or’’; and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(B) REQUEST FOR PUBLIC DISCLO4 SURE.—If any party requests public disclosure 

5 of a covered person’s protected information to 

6 further a public interest, the court shall deny 

7 the request unless the court finds that— 

8 ‘‘(i) the party seeking disclosure has 

9 established that there is a compelling pub10 lic interest in publicly disclosing the cov11 ered person’s protected information; 

12 ‘‘(ii) there is a substantial probability 

13 that the public interest would be harmed if 

14 the covered person’s protected information 

15 is not disclosed; 

16 ‘‘(iii) the substantial probability of 

17 harm to the public interest outweighs the 

18 harm to the covered person from public 

19 disclosure of the covered person’s protected 

20 information; and 

21 ‘‘(iv) there is no alternative to public 

22 disclosure of the covered person’s protected 

23 information that would adequately protect 

24 the public interest.’’; and 

25 (E) by adding at the end the following: 


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1 ‘‘(5) OTHER PROTECTED INFORMATION.—The 

2 court may order that information shall be considered 

3 to be ‘protected information’ for purposes of this 

4 subsection if the court finds that the information is 

5 sufficiently personal, sensitive, or identifying that it 

6 should be subject to the protections and presump7 tions under this subsection.’’; 

8 (4) by striking subsection (f) and inserting the 

9 following: 

10 ‘‘(f) VICTIM IMPACT STATEMENT.— 

11 ‘‘(1) PROBATION OFFICER.—In preparing the 

12 presentence report pursuant to rule 32(c) of the 

13 Federal Rules of Criminal Procedure, the probation 

14 officer shall request information from the multidisci15 plinary child abuse team, if applicable, or other ap16 propriate sources to determine the impact of the of17 fense on a child victim and any other children who 

18 may have been affected by the offense. 

19 ‘‘(2) GUARDIAN AD LITEM.—A guardian ad 

20 litem appointed under subsection (h) shall— 

21 ‘‘(A) make every effort to obtain and re22 port information that accurately expresses the 

23 views of a child victim, and the views of family 

24 members as appropriate, concerning the impact 

25 of the offense; and 


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1 ‘‘(B) use forms that permit a child victim 

2 to express the child’s views concerning the per3 sonal consequences of the offense, at a level and 

4 in a form of communication commensurate with 

5 the child’s age and ability.’’; 

6 (5) in subsection (h), by adding at the end the 

7 following: 

8 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

9 ‘‘(A) IN GENERAL.—There is authorized to 

10 be appropriated to the United States courts to 

11 carry out this subsection $25,000,000 for each 

12 fiscal year. 

13 ‘‘(B) SUPERVISION OF PAYMENTS.—Pay14 ments from appropriations authorized under 

15 subparagraph (A) shall be made under the su16 pervision of the Director of the Administrative 

17 Office of the United States Courts.’’; 

18 (6) in subsection (i)— 

19 (A) by striking ‘‘A child testifying at or at20 tending a judicial proceeding’’ and inserting the 

21 following: 

22 ‘‘(1) IN GENERAL.—A child testifying at a judi23 cial proceeding, including in a manner described in 

24 subsection (b),’’; 

25 (B) in paragraph (1), as so designated— 


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1 (i) in the third sentence, by striking 

2 ‘‘proceeding’’ and inserting ‘‘testimony’’; 

3 and 

4 (ii) by striking the fifth sentence; and 

5 (C) by adding at the end the following: 

6 ‘‘(2) RECORDING.—If the adult attendant is in 

7 close physical proximity to or in contact with the 

8 child while the child testifies— 

9 ‘‘(A) at a judicial proceeding, a video re10 cording of the adult attendant shall be made 

11 and shall become part of the court record; or 

12 ‘‘(B) in a manner described in subsection 

13 (b), the adult attendant shall be visible on the 

14 closed-circuit television or in the recorded depo15 sition. 

16 ‘‘(3) COVERED PERSONS ATTENDING PRO17 CEEDING.—A covered person shall have the right to 

18 be accompanied by an adult attendant when attend19 ing any judicial proceeding.’’; 

20 (7) in subsection (j)— 

21 (A) by striking ‘‘child’’ each place the term 

22 appears and inserting ‘‘covered person’’; and 

23 (B) in the fourth sentence— 

24 (i) by striking ‘‘and the potential’’ 

25 and inserting ‘‘the potential’’; 


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1 (ii) by striking ‘‘child’s’’ and inserting 

2 ‘‘covered person’s’’; and 

3 (iii) by inserting before the period at 

4 the end the following: ‘‘, and the necessity 

5 of the continuance to protect the defend6 ant’s rights’’; 

7 (8) in subsection (k), by striking ‘‘child’’ each 

8 place the term appears and inserting ‘‘covered per9 son’’; and 

10 (9) in subsection (l), by striking ‘‘child’’ each 

11 place the term appears and inserting ‘‘covered per12 son’’. 

13 (b) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply to conduct that occurred before, 

15 on, or after the date of enactment of this Act. 

16 SEC. 4. FACILITATING PAYMENT OF RESTITUTION; TECH17 NICAL AMENDMENTS TO RESTITUTION STAT18 UTES. 

19 Title 18, United States Code, is amended— 

20 (1) in section 1593(c)— 

21 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; 

22 (B) by striking ‘‘chapter, including, in’’ 

23 and inserting the following: ‘‘chapter. 

24 ‘‘(2) In’’; and 


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1 (C) in paragraph (2), as so designated, by 

2 inserting ‘‘may assume the rights of the crime 

3 victim under this section’’ after ‘‘suitable by the 

4 court’’; 

5 (2) in section 2248(c)— 

6 (A) by striking ‘‘For purposes’’ and insert7 ing the following: 

8 ‘‘(1) IN GENERAL.—For purposes’’; 

9 (B) by striking ‘‘chapter, including, in’’ 

10 and inserting the following: ‘‘chapter. 

11 ‘‘(2) ASSUMPTION OF CRIME VICTIM’S

12 RIGHTS.—In’’; and 

13 (C) in paragraph (2), as so designated, by 

14 inserting ‘‘may assume the rights of the crime 

15 victim under this section’’ after ‘‘suitable by the 

16 court’’; 

17 (3) in section 2259— 

18 (A) in subsection (b)— 

19 (i) in paragraph (1), by striking ‘‘DI20 RECTIONS.—Except as provided in para21 graph (2), the’’ and inserting ‘‘RESTITU22 TION FOR CHILD PORNOGRAPHY PRODUC23 TION.—If the defendant was convicted of 

24 child pornography production, the’’; and 


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1 (ii) in paragraph (2)(B), by striking 

2 ‘‘$3,000.’’ and inserting the following: ‘‘— 

3 ‘‘(i) $3,000; or 

4 ‘‘(ii) 10 percent of the full amount of 

5 the victim’s losses, if the full amount of 

6 the victim’s losses is less than $3,000.’’; 

7 and 

8 (B) in subsection (c)— 

9 (i) by striking paragraph (1) and in10 serting the following: 

11 ‘‘(1) CHILD PORNOGRAPHY PRODUCTION.—For 

12 purposes of this section and section 2259A, the term 

13 ‘child pornography production’ means— 

14 ‘‘(A) a violation of subsection (a), (b), or 

15 (c) of section 2251, or an attempt or conspiracy 

16 to violate any of those subsections under sub17 section (e) of that section; 

18 ‘‘(B) a violation of section 2251A; 

19 ‘‘(C) a violation of section 2252(a)(4) or 

20 2252A(a)(5), or an attempt or conspiracy to 

21 violate either of those sections under section 

22 2252(b)(2) or 2252A(b)(2), to the extent such 

23 conduct involves child pornography— 

24 ‘‘(i) produced by the defendant; or 


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1 ‘‘(ii) that the defendant attempted or 

2 conspired to produce; 

3 ‘‘(D) a violation of section 2252A(g) if the 

4 series of felony violations involves not fewer 

5 than 1 violation— 

6 ‘‘(i) described in subparagraph (A), 

7 (B), (E), or (F) of this paragraph; 

8 ‘‘(ii) of section 1591; or 

9 ‘‘(iii) of section 1201, chapter 109A, 

10 or chapter 117, if the victim is a minor; 

11 ‘‘(E) a violation of subsection (a) of section 

12 2260, or an attempt or conspiracy to violate 

13 that subsection under subsection (c)(1) of that 

14 section; 

15 ‘‘(F)(i) a violation of section 2260B(a)(2) 

16 for promoting or facilitating an offense— 

17 ‘‘(I) described in subparagraph (A), 

18 (B), (D), or (E) of this paragraph; or 

19 ‘‘(II) under section 2422(b); or 

20 ‘‘(ii) attempting or conspiring to promote 

21 or facilitate an offense described in clause (i) of 

22 this subparagraph under section 2260B(b); and 

23 ‘‘(G) a violation of chapter 109A or chap24 ter 117, if the offense involves the production 


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1 or attempted production of, or conspiracy to 

2 produce, child pornography.’’; and 

3 (ii) by striking paragraph (3) and in4 serting the following: 

5 ‘‘(3) TRAFFICKING IN CHILD PORNOGRAPHY.— 

6 For purposes of this section and section 2259A, the 

7 term ‘trafficking in child pornography’ means— 

8 ‘‘(A) a violation of subsection (d) of section 

9 2251 or an attempt or conspiracy to violate 

10 that subsection under subsection (e) of that sec11 tion; 

12 ‘‘(B) a violation of paragraph (1), (2), or 

13 (3) of subsection (a) of section 2252, or an at14 tempt or conspiracy to violate any of those 

15 paragraphs under subsection (b)(1) of that sec16 tion; 

17 ‘‘(C) a violation of section 2252(a)(4) or 

18 2252A(a)(5), or an attempt or conspiracy to 

19 violate either of those sections under section 

20 2252(b)(2) or 2252A(b)(2), to the extent such 

21 conduct involves child pornography— 

22 ‘‘(i) not produced by the defendant; or 

23 ‘‘(ii) that the defendant did not at24 tempt or conspire to produce; 


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1 ‘‘(D) a violation of paragraph (1), (2), (3), 

2 (4), or (6) of subsection (a) of section 2252A, 

3 or an attempt or conspiracy to violate any of 

4 those paragraphs under subsection (b)(1) of 

5 that section; 

6 ‘‘(E) a violation of subsection (a)(7) of sec7 tion 2252A, or an attempt or conspiracy to vio8 late that subsection under subsection (b)(3) of 

9 that section; 

10 ‘‘(F) a violation of section 2252A(g) if the 

11 series of felony violations exclusively involves 

12 violations described in this paragraph; 

13 ‘‘(G) a violation of subsection (b) of sec14 tion 2260, or an attempt or conspiracy to vio15 late that subsection under subsection (c)(2) of 

16 that section; 

17 ‘‘(H)(i) a violation of subsection (a)(1) of 

18 section 2260B, or a violation of subsection 

19 (a)(2) of that section for promoting or facili20 tating an offense described in this paragraph; 

21 or 

22 ‘‘(ii) an attempt or conspiracy to commit 

23 the conduct described in clause (i) of this sub24 paragraph under section 2260B(b).’’; 

25 (4) in section 2259A(a)— 


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1 (A) in paragraph (1), by striking ‘‘under 

2 section 2252(a)(4) or 2252A(a)(5)’’ and insert3 ing ‘‘described in section 2259(c)(3)(C)’’; and 

4 (B) in paragraph (2), by striking ‘‘any 

5 other offense for trafficking in child pornog6 raphy’’ and inserting ‘‘any offense for traf7 ficking in child pornography other than an of8 fense described in section 2259(c)(3)(C)’’; 

9 (5) in section 2429— 

10 (A) in subsection (b)(3), by striking 

11 ‘‘2259(b)(3)’’ and inserting ‘‘2259(c)(2)’’; and 

12 (B) in subsection (d)— 

13 (i) by inserting ‘‘(1)’’ after ‘‘(d)’’; 

14 (ii) by striking ‘‘chapter, including, 

15 in’’ and inserting the following: ‘‘chapter. 

16 ‘‘(2) In’’; and 

17 (iii) in paragraph (2), as so des18 ignated, by inserting ‘‘may assume the 

19 rights of the crime victim under this sec20 tion’’ after ‘‘suitable by the court’’; and 

21 (6) in section 3664, by adding at the end the 

22 following: 

23 ‘‘(q) TRUSTEE OR OTHER FIDUCIARY.— 

24 ‘‘(1) IN GENERAL.— 


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1 ‘‘(A) APPOINTMENT OF TRUSTEE OR

2 OTHER FIDUCIARY.—When the court issues an 

3 order of restitution under section 1593, 2248, 

4 2259, 2429, or 3663, or subparagraphs (A)(i) 

5 and (B) of section 3663A(c)(1), for a victim de6 scribed in subparagraph (B) of this paragraph, 

7 the court, at its own discretion or upon motion 

8 by the Government, may appoint a trustee or 

9 other fiduciary to hold any amount paid for res10 titution in a trust or other official account for 

11 the benefit of the victim. 

12 ‘‘(B) COVERED VICTIMS.—A victim re13 ferred to in subparagraph (A) is a victim who 

14 is— 

15 ‘‘(i) under the age of 18 at the time 

16 of the proceeding; 

17 ‘‘(ii) incompetent or incapacitated; or 

18 ‘‘(iii) subject to paragraph (3), a for19 eign citizen or stateless person residing 

20 outside the United States. 

21 ‘‘(2) ORDER.—When the court appoints a trust22 ee or other fiduciary under paragraph (1), the court 

23 shall issue an order specifying— 

24 ‘‘(A) the duties of the trustee or other fi25 duciary, which shall require— 


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1 ‘‘(i) the administration of the trust or 

2 maintaining an official account in the best 

3 interests of the victim; and 

4 ‘‘(ii) disbursing payments from the 

5 trust or account— 

6 ‘‘(I) to the victim; or 

7 ‘‘(II) to any individual or entity 

8 on behalf of the victim; 

9 ‘‘(B) that the trustee or other fiduciary— 

10 ‘‘(i) shall avoid any conflict of inter11 est; 

12 ‘‘(ii) may not profit from the adminis13 tration of the trust or maintaining an offi14 cial account for the benefit of the victim 

15 other than as specified in the order; and 

16 ‘‘(iii) may not delegate administration 

17 of the trust or maintaining the official ac18 count to any other person; 

19 ‘‘(C) if and when the trust or the duties of 

20 the other fiduciary will expire; and 

21 ‘‘(D) the fees payable to the trustee or 

22 other fiduciary to cover expenses of admin23 istering the trust or maintaining the official ac24 count for the benefit of the victim, and the 

25 schedule for payment of those fees. 


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1 ‘‘(3) FACT-FINDING REGARDING FOREIGN CITI2 ZENS AND STATELESS PERSON.—In the case of a 

3 victim who is a foreign citizen or stateless person re4 siding outside the United States and is not under 

5 the age of 18 at the time of the proceeding or in6 competent or incapacitated, the court may appoint a 

7 trustee or other fiduciary under paragraph (1) only 

8 if the court finds it necessary to— 

9 ‘‘(A) protect the safety or security of the 

10 victim; or 

11 ‘‘(B) provide a reliable means for the vic12 tim to access or benefit from the restitution 

13 payments. 

14 ‘‘(4) PAYMENT OF FEES.— 

15 ‘‘(A) IN GENERAL.—The court may, with 

16 respect to the fees of the trustee or other fidu17 ciary— 

18 ‘‘(i) pay the fees in whole or in part; 

19 or 

20 ‘‘(ii) order the defendant to pay the 

21 fees in whole or in part. 

22 ‘‘(B) APPLICABILITY OF OTHER PROVI23 SIONS.—With respect to a court order under 

24 subparagraph (A)(ii) requiring a defendant to 

25 pay fees— 


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1 ‘‘(i) subsection (f)(3) shall apply to 

2 the court order in the same manner as 

3 that subsection applies to a restitution 

4 order; 

5 ‘‘(ii) subchapter C of chapter 227 

6 (other than section 3571) shall apply to 

7 the court order in the same manner as 

8 that subchapter applies to a sentence of a 

9 fine; and 

10 ‘‘(iii) subchapter B of chapter 229 

11 shall apply to the court order in the same 

12 manner as that subchapter applies to the 

13 implementation of a sentence of a fine. 

14 ‘‘(C) EFFECT ON OTHER PENALTIES.—Im15 position of payment under subparagraph (A)(ii) 

16 shall not relieve a defendant of, or entitle a de17 fendant to a reduction in the amount of, any 

18 special assessment, restitution, other fines, pen19 alties, or costs, or other payments required 

20 under the defendant’s sentence. 

21 ‘‘(D) SCHEDULE.—Notwithstanding any 

22 other provision of law, if the court orders the 

23 defendant to make any payment under subpara24 graph (A)(ii), the court may provide a payment 

25 schedule that is concurrent with the payment of 


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1 any other financial obligation described in sub2 paragraph (C). 

3 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

4 ‘‘(A) IN GENERAL.—There is authorized to 

5 be appropriated to the United States courts to 

6 carry out this subsection $15,000,000 for each 

7 fiscal year. 

8 ‘‘(B) SUPERVISION OF PAYMENTS.—Pay9 ments from appropriations authorized under 

10 subparagraph (A) shall be made under the su11 pervision of the Director of the Administrative 

12 Office of the United States Courts.’’. 

13 SEC. 5. CYBERTIPLINE IMPROVEMENTS, AND ACCOUNT14 ABILITY AND TRANSPARENCY BY THE TECH 

15 INDUSTRY. 

16 (a) IN GENERAL.—Chapter 110 of title 18, United 

17 States Code, is amended— 

18 (1) in section 2258A— 

19 (A) by striking subsections (a), (b), and (c) 

20 and inserting the following: 

21 ‘‘(a) DUTY TO REPORT.— 

22 ‘‘(1) DUTY.—In order to reduce the prolifera23 tion of online child exploitation and to prevent the 

24 online sexual exploitation of children, as soon as rea25 sonably possible after obtaining actual knowledge of 


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1 any facts or circumstances described in paragraph 

2 (2) or any apparent child pornography on the pro3 vider’s service, network, or platform, and in any 

4 event not later than 60 days after obtaining such 

5 knowledge, a provider shall— 

6 ‘‘(A) submit to the CyberTipline of 

7 NCMEC, or any successor to the CyberTipline 

8 operated by NCMEC, a report containing— 

9 ‘‘(i) the mailing address, telephone 

10 number, facsimile number, electronic mail11 ing address of, and individual point of con12 tact for, such provider; and 

13 ‘‘(ii) information described in sub14 section (b) concerning such facts or cir15 cumstances or apparent child pornography; 

16 and 

17 ‘‘(B) if applicable, remove the apparent 

18 child pornography that is the subject of the re19 port described in subparagraph (A), if such 

20 child pornography is publicly available. 

21 ‘‘(2) FACTS OR CIRCUMSTANCES.—The facts or 

22 circumstances described in this paragraph are any 

23 facts or circumstances indicating an apparent, 

24 planned, or imminent violation of section 2251, 

25 2251A, 2252, 2252A, 2252B, or 2260. 


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1 ‘‘(3) PERMITTED ACTIONS BASED ON REASON2 ABLE BELIEF.—In order to reduce the proliferation 

3 of online child exploitation and to prevent the online 

4 sexual exploitation of children, if a provider has a 

5 reasonable belief that any facts or circumstances de6 scribed in paragraph (2) exist, the provider may sub7 mit to the CyberTipline of NCMEC, or any suc8 cessor to the CyberTipline operated by NCMEC, a 

9 report described in paragraph (1)(A). 

10 ‘‘(b) CONTENTS OF REPORT.— 

11 ‘‘(1) IN GENERAL.—In an effort to prevent the 

12 future sexual victimization of children, and to the 

13 extent the information is within the custody or con14 trol of a provider, each report provided under sub15 section (a)(1)(A)— 

16 ‘‘(A) shall include, to the extent that it is 

17 applicable and reasonably available— 

18 ‘‘(i) identifying information regarding 

19 any individual who is the subject of the re20 port, including name, address, electronic 

21 mail address, user or account identifica22 tion, Internet Protocol address, and uni23 form resource locator; 

24 ‘‘(ii) the terms of service in effect at 

25 the time of— 


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1 ‘‘(I) the apparent violation; or 

2 ‘‘(II) the detection of apparent 

3 child pornography or a planned or im4 minent violation; 

5 ‘‘(iii) a copy of any apparent child 

6 pornography that is the subject of the re7 port that was identified in a publicly avail8 able location; 

9 ‘‘(iv) for each item of apparent child 

10 pornography included in the report under 

11 clause (iii) or paragraph (2)(C), informa12 tion indicating whether— 

13 ‘‘(I) the reported child pornog14 raphy was publicly available; or 

15 ‘‘(II) the provider, in its sole dis16 cretion, viewed the reported child por17 nography, or any copy thereof, at any 

18 point concurrent with or prior to the 

19 submission of the report; and 

20 ‘‘(v) for each item of apparent child 

21 pornography that is the subject of the re22 port, an indication as to whether the child 

23 pornography— 


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1 ‘‘(I) has previously been the sub2 ject of a report under paragraph 

3 (1)(A) or (3) of subsection (a); or 

4 ‘‘(II) is the subject of multiple 

5 contemporaneous reports due to rapid 

6 and widespread distribution; and 

7 ‘‘(B) may, at the sole discretion of the pro8 vider, include the information described in para9 graph (2) of this subsection. 

10 ‘‘(2) OTHER INFORMATION.—The information 

11 referred to in paragraph (1)(B) is the following: 

12 ‘‘(A) HISTORICAL REFERENCE.—Informa13 tion relating to when and how a customer or 

14 subscriber of a provider uploaded, transmitted, 

15 or received content relating to the report or 

16 when and how content relating to the report 

17 was reported to, or discovered by the provider, 

18 including a date and time stamp and time zone. 

19 ‘‘(B) GEOGRAPHIC LOCATION INFORMA20 TION.—Information relating to the geographic 

21 location of the involved individual or website, 

22 which may include the Internet Protocol ad23 dress or verified address, or, if not reasonably 

24 available, at least one form of geographic iden25 tifying information, including area code or zip 


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1 code, provided by the customer or subscriber, or 

2 stored or obtained by the provider. 

3 ‘‘(C) APPARENT CHILD PORNOGRAPHY.— 

4 Any apparent child pornography not described 

5 in paragraph (1)(A)(iii), or other content re6 lated to the subject of the report. 

7 ‘‘(D) COMPLETE COMMUNICATION.—The 

8 complete communication containing any appar9 ent child pornography or other content, includ10 ing— 

11 ‘‘(i) any data or information regard12 ing the transmission of the communication; 

13 and 

14 ‘‘(ii) any visual depictions, data, or 

15 other digital files contained in, or attached 

16 to, the communication. 

17 ‘‘(E) TECHNICAL IDENTIFIER.—An indus18 try-standard hash value or other similar indus19 try-standard technical identifier for any re20 ported visual depiction as it existed on the pro21 vider’s service, network, or platform. 

22 ‘‘(F) DESCRIPTION.—For any item of ap23 parent child pornography that is the subject of 

24 the report, an indication of whether— 


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1 ‘‘(i) the depicted sexually explicit con2 duct involves— 

3 ‘‘(I) genital, oral, or anal sexual 

4 intercourse; 

5 ‘‘(II) bestiality; 

6 ‘‘(III) masturbation; 

7 ‘‘(IV) sadistic or masochistic 

8 abuse; or 

9 ‘‘(V) lascivious exhibition of the 

10 anus, genitals, or pubic area of any 

11 person; and 

12 ‘‘(ii) the depicted minor is— 

13 ‘‘(I) an infant or toddler; 

14 ‘‘(II) prepubescent; 

15 ‘‘(III) pubescent; 

16 ‘‘(IV) post-pubescent; or 

17 ‘‘(V) of an indeterminate age or 

18 developmental stage.’’; 

19 ‘‘(c) FORWARDING OF REPORT AND OTHER INFOR20 MATION TO LAW ENFORCEMENT.— 

21 ‘‘(1) IN GENERAL.—Pursuant to its clearing22 house role as a private, nonprofit organization, and 

23 at the conclusion of its review in furtherance of its 

24 nonprofit mission, NCMEC shall make available 

25 each report submitted under paragraph (1)(A) or 


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1 (3) of subsection (a) to one or more of the following 

2 law enforcement agencies: 

3 ‘‘(A) Any Federal law enforcement agency 

4 that is involved in the investigation of child sex5 ual exploitation, kidnapping, or enticement 

6 crimes. 

7 ‘‘(B) Any State or local law enforcement 

8 agency that is involved in the investigation of 

9 child sexual exploitation. 

10 ‘‘(C) A foreign law enforcement agency 

11 designated by the Attorney General under sub12 section (d)(3) or a foreign law enforcement 

13 agency that has an established relationship with 

14 the Federal Bureau of Investigation, Immigra15 tion and Customs Enforcement, or 

16 INTERPOL, and is involved in the investiga17 tion of child sexual exploitation, kidnapping, or 

18 enticement crimes. 

19 ‘‘(2) TECHNICAL IDENTIFIERS.—If a report 

20 submitted under paragraph (1)(A) or (3) of sub21 section (a) contains an industry-standard hash value 

22 or other similar industry-standard technical identi23 fier— 

24 ‘‘(A) NCMEC may compare that hash 

25 value or identifier with any database or reposiVerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6401 E:\BILLS\S1199.RS S1199

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1 tory of visual depictions owned or operated by 

2 NCMEC; and 

3 ‘‘(B) if the comparison under subpara4 graph (A) results in a match, NCMEC may in5 clude the matching visual depiction from its 

6 database or repository when forwarding the re7 port to an agency described in subparagraph 

8 (A) or (B) of paragraph (1).’’; 

9 (B) in subsection (d)— 

10 (i) in paragraph (2), by striking ‘‘sub11 section (c)(1)’’ and inserting ‘‘subsection 

12 (c)(1)(A)’’; and 

13 (ii) in paragraph (3)— 

14 (I) in subparagraph (A), by strik15 ing ‘‘subsection (c)(3)’’ and inserting 

16 ‘‘subsection (c)(1)(C)’’; and 

17 (II) in subparagraph (C), by 

18 striking ‘‘subsection (c)(3)’’ and in19 serting ‘‘subsection (c)(1)(C)’’; 

20 (C) by striking subsection (e) and inserting 

21 the following: 

22 ‘‘(e) FAILURE TO COMPLY WITH REQUIREMENTS.— 

23 ‘‘(1) CRIMINAL PENALTY.— 

24 ‘‘(A) OFFENSE.—It shall be unlawful for a 

25 provider to knowingly— 


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1 ‘‘(i) fail to submit a report under sub2 section (a)(1)(A) within the time period re3 quired by that subsection; or 

4 ‘‘(ii) fail to preserve material as re5 quired under subsection (h). 

6 ‘‘(B) PENALTY.— 

7 ‘‘(i) IN GENERAL.—A provider that 

8 violates subparagraph (A) shall be fined— 

9 ‘‘(I) in the case of an initial vio10 lation, not more than $150,000; and 

11 ‘‘(II) in the case of any second or 

12 subsequent violation, not more than 

13 $300,000. 

14 ‘‘(ii) HARM TO INDIVIDUALS.—The 

15 maximum fine under clause (i) shall be tri16 pled if an individual is harmed as a direct 

17 and proximate result of the applicable vio18 lation. 

19 ‘‘(2) CIVIL PENALTY.— 

20 ‘‘(A) VIOLATIONS RELATING TO

21 CYBERTIPLINE REPORTS, CONTENT REMOVAL, 

22 AND MATERIAL PRESERVATION.—A provider 

23 shall be liable to the United States Government 

24 for a civil penalty in an amount of not less than 


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1 $50,000 and not more than $100,000 if the 

2 provider knowingly— 

3 ‘‘(i) fails to submit a report under 

4 subsection (a)(1)(A) within the time period 

5 required by that subsection; 

6 ‘‘(ii) fails to remove apparent child 

7 pornography as required under subsection 

8 (a)(1)(B); 

9 ‘‘(iii) fails to preserve material as re10 quired under subsection (h); or 

11 ‘‘(iv) submits a report under sub12 section (a)(1)(A) that— 

13 ‘‘(I) contains materially false or 

14 fraudulent information; or 

15 ‘‘(II) omits information described 

16 in subsection (b)(1)(A) that is reason17 ably available. 

18 ‘‘(B) ANNUAL REPORT VIOLATIONS.—A 

19 provider shall be liable to the United States 

20 Government for a civil penalty in an amount of 

21 not less than $100,000 and not more than 

22 $1,000,000 if the provider knowingly— 

23 ‘‘(i) fails to submit an annual report 

24 as required under subsection (i); or 


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1 ‘‘(ii) submits an annual report under 

2 subsection (i) that— 

3 ‘‘(I) contains a materially false, 

4 fraudulent, or misleading statement; 

5 or 

6 ‘‘(II) omits information described 

7 in subsection (i)(1) that is reasonably 

8 available. 

9 ‘‘(C) HARM TO INDIVIDUALS.—The 

10 amount of a civil penalty under subparagraph 

11 (A) or (B) shall be tripled if an individual is 

12 harmed as a direct and proximate result of the 

13 applicable violation. 

14 ‘‘(D) COSTS OF CIVIL ACTIONS.—A pro15 vider that commits a violation described in sub16 paragraph (A) or (B) shall be liable to the 

17 United States Government for the costs of a 

18 civil action brought to recover a civil penalty 

19 under that subparagraph. 

20 ‘‘(E) ENFORCEMENT.—This paragraph 

21 shall be enforced in accordance with sections 

22 3731, 3732, and 3733 of title 31, except that 

23 a civil action to recover a civil penalty under 

24 subparagraph (A) or (B) of this paragraph may 


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1 only be brought by the United States Govern2 ment. 

3 ‘‘(3) DEPOSIT OF FINES AND PENALTIES.— 

4 Notwithstanding any other provision of law, any 

5 criminal fine or civil penalty collected under this 

6 subsection shall be deposited into the Child Pornog7 raphy Victims Reserve as provided in section 

8 2259B.’’; 

9 (D) in subsection (f), by striking para10 graph (3) and inserting the following: 

11 ‘‘(3) affirmatively search, screen, or scan for— 

12 ‘‘(A) facts or circumstances described in 

13 subsection (a)(2); 

14 ‘‘(B) information described in subsection 

15 (b)(2); or 

16 ‘‘(C) any apparent child pornography, in17 cluding any copy of apparent child pornography 

18 removed pursuant to subsection (a)(1)(B).’’; 

19 (E) in subsection (g)— 

20 (i) in paragraph (2)(A)— 

21 (I) in clause (iii), by inserting 

22 ‘‘or personnel at a children’s advocacy 

23 center’’ after ‘‘State)’’; and 

24 (II) in clause (iv), by striking 

25 ‘‘State or subdivision of a State’’ and 


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1 inserting ‘‘State, subdivision of a 

2 State, or children’s advocacy center’’; 

3 (ii) in paragraph (3), in the matter 

4 preceding subparagraph (A), by inserting 

5 ‘‘paragraph (1)(A) or (3) of’’ before ‘‘sub6 section (a)’’; and 

7 (iii) in paragraph (4), by striking 

8 ‘‘subsection (a)(1)’’ and inserting ‘‘para9 graph (1)(A) or (3) of subsection (a)’’; 

10 (F) in subsection (h)— 

11 (i) in paragraph (1), by striking ‘‘sub12 section (a)(1)’’ and inserting ‘‘paragraph 

13 (1)(A) or (3) of subsection (a)’’; and 

14 (ii) by adding at the end the fol15 lowing: 

16 ‘‘(5) RELATION TO REPORTING REQUIRE17 MENT.—Submission of a report as required under 

18 paragraph (1)(A) or (3) of subsection (a) does not 

19 satisfy the obligations under this subsection.’’; and 

20 (G) by adding at the end the following: 

21 ‘‘(i) ANNUAL REPORT.— 

22 ‘‘(1) IN GENERAL.—Not later than March 31 of 

23 the second year beginning after the date of enact24 ment of the STOP CSAM Act of 2023, and of each 

25 year thereafter, a provider that had more than 


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1 1,000,000 unique monthly visitors or users during 

2 each month of the preceding year and accrued rev3 enue of more than $50,000,000 during the preceding 

4 year shall submit to the Attorney General and the 

5 Chair of the Federal Trade Commission a report, 

6 disaggregated by subsidiary, that provides the fol7 lowing information for the preceding year to the ex8 tent such information is applicable and reasonably 

9 available: 

10 ‘‘(A) CYBERTIPLINE DATA.— 

11 ‘‘(i) The total number of reports that 

12 the provider submitted under paragraph 

13 (1)(A) or (3) of subsection (a). 

14 ‘‘(ii) The total number of publicly 

15 available items of apparent child pornog16 raphy that the provider removed under 

17 subsection (a)(1)(B). 

18 ‘‘(iii) Which items of information de19 scribed in subsection (b)(2) are routinely 

20 included in the reports submitted by the 

21 provider under paragraph (1)(A) or (3) of 

22 subsection (a). 

23 ‘‘(B) REPORT AND REMOVE DATA.—With 

24 respect to section 7 of the STOP CSAM Act of 

25 2023— 


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1 ‘‘(i) a description of the provider’s 

2 designated reporting system; 

3 ‘‘(ii) the number of notifications re4 ceived; 

5 ‘‘(iii) the number of proscribed visual 

6 depictions involving a minor that were re7 moved; and 

8 ‘‘(iv) the total amount of any fine or9 dered and paid. 

10 ‘‘(C) OTHER REPORTING TO THE PRO11 VIDER.— 

12 ‘‘(i) The measures the provider has in 

13 place to receive other reports concerning 

14 child sexual exploitation and abuse using 

15 the provider’s product or on the provider’s 

16 service, platform, or network. 

17 ‘‘(ii) The average time for responding 

18 to reports described in clause (i). 

19 ‘‘(iii) The number of reports described 

20 in clause (i) that the provider received. 

21 ‘‘(iv) A summary description of the 

22 actions taken upon receipt of the reports 

23 described in clause (i). 

24 ‘‘(D) POLICIES.— 


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1 ‘‘(i) A description of the policies of 

2 the provider with respect to the commis3 sion of child sexual exploitation and abuse 

4 using the provider’s product or on the pro5 vider’s service, platform, or network, in6 cluding how child sexual exploitation and 

7 abuse is defined. 

8 ‘‘(ii) A description of possible con9 sequences for violations of the policies de10 scribed in clause (i). 

11 ‘‘(iii) The methods of informing users 

12 of the policies described in clause (i). 

13 ‘‘(iv) The process for adjudicating po14 tential violations of the policies described 

15 in clause (i). 

16 ‘‘(E) CULTURE OF SAFETY.— 

17 ‘‘(i) The measures and technologies 

18 that the provider deploys to protect the 

19 safety of children using the provider’s 

20 product, service, platform, or network. 

21 ‘‘(ii) The measures and technologies 

22 that the provider deploys to prevent the 

23 use of the provider’s product, service, plat24 form, or network by individuals seeking to 

25 commit child sexual exploitation and abuse. 


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1 ‘‘(iii) Factors that interfere with the 

2 provider’s ability to detect or evaluate in3 stances of child sexual exploitation and 

4 abuse. 

5 ‘‘(iv) An assessment of the efficacy of 

6 the measures and technologies described in 

7 clauses (i) and (ii) and the impact of the 

8 factors described in clause (iii). 

9 ‘‘(F) SAFETY BY DESIGN.—The measures 

10 that the provider takes before launching a new 

11 product, service, platform, or network to as12 sess— 

13 ‘‘(i) the safety risks for children; and 

14 ‘‘(ii) whether and how individuals 

15 could use the new product, service, plat16 form, or network to commit child sexual 

17 exploitation and abuse. 

18 ‘‘(G) TRENDS AND PATTERNS.—Any infor19 mation concerning emerging trends and chang20 ing patterns with respect to online child safety 

21 and the commission of child sexual exploitation 

22 and abuse. 

23 ‘‘(2) AVOIDING DUPLICATION.—For purposes of 

24 subparagraphs (D) through (G) of paragraph (1), in 

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1 graph after the initial report, a provider shall only 

2 be required to submit new or updated information 

3 described in those subparagraphs. 

4 ‘‘(3) LIMITATION.—Nothing in paragraph (1) 

5 shall require the disclosure of trade secrets or other 

6 proprietary information. 

7 ‘‘(4) PUBLICATION.— 

8 ‘‘(A) IN GENERAL.—The Attorney General 

9 and the Chair of the Federal Trade Commission 

10 shall publish the reports received under this 

11 subsection. 

12 ‘‘(B) REDACTION.—A provider may re13 quest the redaction of any information that is 

14 law enforcement sensitive or otherwise not suit15 able for public distribution, and the Attorney 

16 General and Chair of the Federal Trade Com17 mission may, in their discretion, redact any 

18 such information, whether or not requested.’’; 

19 (2) in section 2258B— 

20 (A) in subsection (a)— 

21 (i) by striking ‘‘may not be brought in 

22 any Federal or State court’’; and 

23 (ii) by striking ‘‘Except as provided in 

24 subsection (b), a civil claim or criminal 

25 charge’’ and inserting the following: 


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1 ‘‘(1) LIMITED LIABILITY.—Except as provided 

2 in subsection (b), a civil claim or criminal charge de3 scribed in paragraph (2) may not be brought in any 

4 Federal or State court. 

5 ‘‘(2) COVERED CLAIMS AND CHARGES.—A civil 

6 claim or criminal charge referred to in paragraph 

7 (1) is a civil claim or criminal charge’’; and 

8 (B) in subsection (b)(1), by inserting ‘‘or 

9 knowingly failed to comply with a requirement 

10 under section 2258A’’ after ‘‘misconduct’’; 

11 (3) in section 2258C— 

12 (A) in subsection (a)(1), by inserting ‘‘use 

13 of the provider’s products, services, platforms, 

14 or networks to commit’’ after ‘‘stop the’’; 

15 (B) in subsection (b)— 

16 (i) by striking ‘‘Any provider’’ and in17 serting the following: 

18 ‘‘(1) IN GENERAL.—Any provider’’; 

19 (ii) in paragraph (1), as so des20 ignated, by striking ‘‘receives’’ and insert21 ing ‘‘, in its sole discretion, obtains’’; and 

22 (iii) by adding at the end the fol23 lowing: 

24 ‘‘(2) LIMITATION ON SHARING WITH OTHER EN25 TITIES.—A provider that obtains elements under 


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1 subsection (a)(1) may not distribute those elements, 

2 or make those elements available, to any other enti3 ty, except for the sole and exclusive purpose of stop4 ping the online sexual exploitation of children.’’; and 

5 (C) in subsection (c)— 

6 (i) by striking ‘‘subsections’’ and in7 serting ‘‘subsection’’; 

8 (ii) by striking ‘‘providers receiving’’ 

9 and inserting ‘‘a provider to obtain’’; 

10 (iii) by inserting ‘‘, or’’ after 

11 ‘‘NCMEC’’; and 

12 (iv) by inserting ‘‘use of the provider’s 

13 products, services, platforms, or networks 

14 to commit’’ after ‘‘stop the’’; 

15 (4) in section 2258E(6), by striking ‘‘electronic 

16 communication service provider’’ and inserting ‘‘elec17 tronic communication service’’; 

18 (5) in section 2259B(a), by inserting ‘‘, any 

19 fine or penalty collected under section 2258A(e) or 

20 subparagraph (A) of section 7(g)(24) of the STOP 

21 CSAM Act of 2023 (except as provided in clauses (i) 

22 and (ii)(I) of subparagraph (B) of such section 

23 7(g)(24)),’’ after ‘‘2259A’’; and 

24 (6) by adding at the end the following: 


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1 ‘‘§ 2260B. Liability for certain child exploitation of2 fenses 

3 ‘‘(a) OFFENSE.—It shall be unlawful for a provider 

4 of an interactive computer service, as that term is defined 

5 in section 230 of the Communications Act of 1934 (47 

6 U.S.C. 230), that operates through the use of any facility 

7 or means of interstate or foreign commerce or in or affect8 ing interstate or foreign commerce, through such service 

9 to knowingly— 

10 ‘‘(1) host or store child pornography or make 

11 child pornography available to any person; or 

12 ‘‘(2) otherwise knowingly promote or facilitate a 

13 violation of section 2251, 2251A, 2252, 2252A, or 

14 2422(b). 

15 ‘‘(b) PENALTY.—A provider of an interactive com16 puter service that violates subsection (a)— 

17 ‘‘(1) subject to paragraph (2), shall be fined not 

18 more than $1,000,000; and 

19 ‘‘(2) if the offense involves a conscious or reck20 less risk of serious personal injury or an individual 

21 is harmed as a direct and proximate result of the 

22 violation, shall be fined not more than $5,000,000. 

23 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec24 tion shall be construed to apply to any action by a provider 

25 of an interactive computer service that is necessary to 

26 comply with a valid court order, subpoena, search warrant, 


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1 statutory obligation, or preservation request from law en2 forcement.’’. 

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

4 for chapter 110 of title 18, United States Code, is amend5 ed by adding at the end the following: 

‘‘2260B. Liability for certain child exploitation offenses.’’. 

6 SEC. 6. EXPANDING CIVIL REMEDIES FOR VICTIMS OF ON7 LINE CHILD SEXUAL EXPLOITATION. 

8 Section 2255 of title 18, United States Code, is 

9 amended— 

10 (1) in subsection (a)— 

11 (A) by striking ‘‘a violation of section 

12 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 

13 2251A, 2252, 2252A, 2260, 2421, 2422, or 

14 2423 of this title’’ and inserting ‘‘a child exploi15 tation violation or conduct relating to child ex16 ploitation’’; 

17 (B) by inserting ‘‘or conduct’’ after ‘‘as a 

18 result of such violation’’; and 

19 (C) by striking ‘‘sue in any’’ and inserting 

20 ‘‘bring a civil action in the’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(d) DEFINITIONS.—In this section— 

23 ‘‘(1) the term ‘child exploitation violation’ 

24 means a violation of section 1589, 1590, 1591, 

25 1594(a) (involving a violation of section 1589, 1590, 


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1 or 1591), 1594(b) (involving a violation of section 

2 1589 or 1590), 1594(c), 2241, 2242, 2243, 2251, 

3 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of 

4 this title; 

5 ‘‘(2) the term ‘conduct relating to child exploi6 tation’ means— 

7 ‘‘(A) with respect to a provider of an inter8 active computer service or a software distribu9 tion service operating through the use of any 

10 means or facility of interstate or foreign com11 merce, or in or affecting interstate or foreign 

12 commerce, the intentional, knowing, reckless, or 

13 negligent promotion or facilitation of conduct 

14 that violates section 1591, 1594(c), 2251, 

15 2251A, 2252, 2252A, or 2422(b) of this title; 

16 and 

17 ‘‘(B) with respect to a provider of an inter18 active computer service operating through the 

19 use of any means or facility of interstate or for20 eign commerce, or in or affecting interstate or 

21 foreign commerce, the intentional, knowing, 

22 reckless, or negligent hosting or storing of child 

23 pornography or making child pornography 

24 available to any person; 


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1 ‘‘(3) the term ‘interactive computer service’ has 

2 the meaning given that term in section 230(f) of the 

3 Communications Act of 1934 (47 U.S.C. 230(f)); 

4 and 

5 ‘‘(4) the term ‘software distribution service’ 

6 means an online service, whether or not operated for 

7 pecuniary gain, from which individuals can purchase, 

8 obtain, or download software that— 

9 ‘‘(A) can be used by an individual to com10 municate with another individual, by any 

11 means, to store, access, distribute, or receive 

12 any visual depiction, or to transmit any live vis13 ual depiction; and 

14 ‘‘(B) was not developed by the software 

15 distribution service. 

16 ‘‘(e) RELATION TO SECTION 230 OF THE COMMU17 NICATIONS ACT OF 1934.—Nothing in section 230 of the 

18 Communications Act of 1934 (47 U.S.C. 230) shall be 

19 construed to impair or limit any claim brought under this 

20 section for conduct relating to child exploitation. 

21 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec22 tion shall be construed to apply to any action by a provider 

23 of an interactive computer service that is necessary to 

24 comply with a valid court order, subpoena, search warrant, 


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1 statutory obligation, or preservation request from law en2 forcement.’’. 

3 SEC. 7. REPORTING AND REMOVAL OF PROSCRIBED VIS4 UAL DEPICTIONS RELATING TO CHILDREN; 

5 ESTABLISHMENT OF CHILD ONLINE PROTEC6 TION BOARD. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) Over 40 years ago, the Supreme Court of 

9 the United States ruled in New York v. Ferber, 458 

10 U.S. 747 (1982), that child sexual abuse material 

11 (referred to in this subsection as ‘‘CSAM’’) is a 

12 ‘‘category of material outside the protections of the 

13 First Amendment.’’ The Court emphasized that chil14 dren depicted in CSAM are harmed twice: first 

15 through the abuse and exploitation inherent in the 

16 creation of the materials, and then through the con17 tinued circulation of the imagery, which inflicts its 

18 own emotional and psychological injury. 

19 (2) The Supreme Court reiterated this point 9 

20 years ago in Paroline v. United States, 572 U.S. 

21 434 (2014), when it explained that CSAM victims 

22 suffer ‘‘continuing and grievous harm as a result of 

23 [their] knowledge that a large, indeterminate num24 ber of individuals have viewed and will in the future 

25 view images of the sexual abuse [they] endured.’’ 


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1 (3) In these decisions, the Supreme Court noted 

2 that the distribution of child sexual abuse material 

3 invades the privacy interests of the victims. 

4 (4) The co-mingling online of CSAM with other, 

5 non-explicit depictions of the victims links the vic6 tim’s identity with the images of their abuse. This 

7 further invades a victim’s privacy and disrupts their 

8 sense of security, thwarting what the Supreme Court 

9 has described as ‘‘the individual interest in avoiding 

10 disclosure of personal matters.’’ 

11 (5) The internet is awash with child sexual 

12 abuse material. In 2021, the CyberTipline, operated 

13 by the National Center for Missing & Exploited Chil14 dren to combat online child sexual exploitation, re15 ceived reports about 39,900,000 images and 

16 44,800,000 videos depicting child sexual abuse. 

17 (6) Since 2017, Project Arachnid, operated by 

18 the Canadian Centre for Child Protection, has sent 

19 over 26,000,000 notices to online providers about 

20 CSAM and other exploitive material found on their 

21 platforms. According to the Canadian Centre, some 

22 providers are slow to remove the material, or take it 

23 down only for it to be reposted again a short time 

24 later. 


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1 (7) This legislation is needed to create an easy2 to-use and effective procedure to get CSAM and 

3 harmful related imagery quickly taken offline and 

4 kept offline to protect children, stop the spread of il5 legal and harmful content, and thwart the continued 

6 invasion of the victims’ privacy. 

7 (b) IMPLEMENTATION.— 

8 (1) IMPLEMENTATION.—Except as provided in 

9 paragraph (2), not later than 1 year after the date 

10 of enactment of this Act, the Child Online Protec11 tion Board established under subsection (d), shall 

12 begin operations, at which point providers shall 

13 begin receiving notifications as set forth in sub14 section (c)(2). 

15 (2) EXTENSION.—The Commission may extend 

16 the deadline under paragraph (1) by not more than 

17 180 days if the Commission provides notice of the 

18 extension to the public and to Congress. 

19 (c) REPORTING AND REMOVAL OF PROSCRIBED VIS20 UAL DEPICTIONS RELATING TO CHILDREN.— 

21 (1) IN GENERAL.—If a provider receives a com22 plete notification as set forth in paragraph (2)(A) 

23 that the provider is hosting a proscribed visual de24 piction relating to a child, not later than 48 hours 

25 after such notification is received by the provider 


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1 (or, in the case of a small provider, not later than 

2 2 business days after such notification is received by 

3 the small provider) the provider shall— 

4 (A)(i) remove the proscribed visual depic5 tion relating to a child; and 

6 (ii) notify the complainant that it has done 

7 so; or 

8 (B) notify the complainant that the pro9 vider— 

10 (i) is unable to remove the proscribed 

11 visual depiction relating to a child using 

12 reasonable means; or 

13 (ii) has determined that the notifica14 tion is duplicative under paragraph 

15 (2)(C)(i). 

16 (2) NOTIFICATION REQUIREMENTS.— 

17 (A) IN GENERAL.—To be complete under 

18 this subsection, a notification must be a written 

19 communication to the designated reporting sys20 tem of the provider (or, if the provider does not 

21 have a designated reporting system, a written 

22 communication that is served on the provider in 

23 accordance with subparagraph (F)) that in24 cludes the following: 


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1 (i) An identification of, and informa2 tion reasonably sufficient to permit the 

3 provider to locate, the alleged proscribed 

4 visual depiction relating to a child. Such 

5 information may include, at the option of 

6 the complainant, a copy of the alleged pro7 scribed visual depiction relating to a child 

8 or the uniform resource locator where such 

9 proscribed visual depiction is located. 

10 (ii) The complainant’s name and con11 tact information, to include a mailing ad12 dress, telephone number, and an electronic 

13 mail address, except that, if the complain14 ant is the victim depicted in the alleged 

15 proscribed visual depiction relating to a 

16 child, the complainant may elect to use an 

17 alias, including for purposes of the signed 

18 statement described in clause (v), and omit 

19 a mailing address. 

20 (iii) If applicable, a statement indi21 cating that the complainant has previously 

22 notified the provider about the alleged pro23 scribed visual depiction relating to a child 

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1 ant, include a copy of the previous notifica2 tion. 

3 (iv) A statement indicating that the 

4 complainant has a good faith belief that 

5 the information in the notification is accu6 rate. 

7 (v) A signed statement under penalty 

8 of perjury indicating that the notification 

9 is submitted by— 

10 (I) the victim depicted in the al11 leged proscribed visual depiction relat12 ing to a child; 

13 (II) an authorized representative 

14 of the victim depicted in the alleged 

15 proscribed visual depiction relating to 

16 a child; or 

17 (III) a qualified organization. 

18 (B) INCLUSION OF MULTIPLE VISUAL DE19 PICTIONS IN SAME NOTIFICATION.—A notifica20 tion may contain information about more than 

21 one proscribed visual depiction relating to a 

22 child, but shall only be effective with respect to 

23 each proscribed visual depiction relating to a 

24 child included in the notification to the extent 


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1 that the notification includes sufficient informa2 tion to identify and locate such visual depiction. 

3 (C) LIMITATION ON DUPLICATIVE NOTIFI4 CATIONS.— 

5 (i) IN GENERAL.—After a complain6 ant has submitted a notification to a pro7 vider, the complainant may submit addi8 tional notifications at any time only if the 

9 subsequent notifications involve— 

10 (I) a different proscribed visual 

11 depiction relating to a minor; 

12 (II) the same proscribed visual 

13 depiction relating to a minor that is in 

14 a different location; or 

15 (III) recidivist hosting. 

16 (ii) NO OBLIGATION.—A provider who 

17 receives any additional notifications that 

18 do not comply with clause (i) shall not be 

19 required to take any additional action ex20 cept— 

21 (I) as may be required with re22 spect to the original notification; and 

23 (II) to notify the complainant as 

24 provided in paragraph (1)(B)(ii). 


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1 (D) INCOMPLETE OR MISDIRECTED NOTI2 FICATION.— 

3 (i) REQUIREMENT TO CONTACT COM4 PLAINANT REGARDING INSUFFICIENT IN5 FORMATION.— 

6 (I) REQUIREMENT TO CONTACT

7 COMPLAINANT.—If a notification that 

8 is submitted to a provider under this 

9 subsection does not contain sufficient 

10 information under subparagraph 

11 (A)(i) to identify or locate the visual 

12 depiction that is the subject of the no13 tification but does contain the com14 plainant contact information described 

15 in subparagraph (A)(ii), the provider 

16 shall, not later than 48 hours after re17 ceiving the notification (or, in the case 

18 of a small provider, not later than 2 

19 business days after such notification 

20 is received by the small provider), con21 tact the complainant via electronic 

22 email address to obtain such informa23 tion. 

24 (II) EFFECT OF COMPLAINANT

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1 TION.—If the provider is able to con2 tact the complainant and obtain suffi3 cient information to identify or locate 

4 the visual depiction that is the subject 

5 of the notification, the provider shall 

6 then proceed as set forth in paragraph 

7 (1), except that the applicable time8 frames described in such paragraph 

9 shall commence on the day the pro10 vider receives the information needed 

11 to identify or locate the visual depic12 tion. 

13 (III) EFFECT OF COMPLAINANT

14 INABILITY TO PROVIDE SUFFICIENT

15 INFORMATION.—If the provider is able 

16 to contact the complainant but does 

17 not obtain sufficient information to 

18 identify or locate the visual depiction 

19 that is the subject of the notification, 

20 the provider shall so notify the com21 plainant not later than 48 hours after 

22 the provider determines that it is un23 able to identify or locate the visual de24 piction (or, in the case of a small pro25 vider, not later than 2 business days 


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1 after the small provider makes such 

2 determination), after which no further 

3 action by the provider is required and 

4 receipt of the notification shall not be 

5 considered in determining whether the 

6 provider has actual knowledge of any 

7 information described in the notifica8 tion. 

9 (IV) EFFECT OF COMPLAINANT

10 FAILURE TO RESPOND.—If the com11 plainant does not respond to the pro12 vider’s attempt to contact the com13 plainant under this clause within 14 

14 days of such attempt, no further ac15 tion by the provider is required and 

16 receipt of the notification shall not be 

17 considered in determining whether the 

18 provider has actual knowledge of any 

19 information described in the notifica20 tion. 

21 (ii) TREATMENT OF INCOMPLETE NO22 TIFICATION WHERE COMPLAINANT CANNOT

23 BE CONTACTED.—If a notification that is 

24 submitted to a provider under this sub25 section does not contain sufficient informaVerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6401 E:\BILLS\S1199.RS S1199

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1 tion under subparagraph (A)(i) to identify 

2 or locate the visual depiction that is the 

3 subject of the notification and does not 

4 contain the complainant contact informa5 tion described in subparagraph (A)(ii) (or 

6 if the provider is unable to contact the 

7 complainant using such information), no 

8 further action by the provider is required 

9 and receipt of the notification shall not be 

10 considered in determining whether the pro11 vider has actual knowledge of any informa12 tion described in the notification. 

13 (iii) TREATMENT OF NOTIFICATION

14 NOT SUBMITTED TO DESIGNATED REPORT15 ING SYSTEM.—If a provider has a des16 ignated reporting system, and a complain17 ant submits a notification under this sub18 section to the provider without using such 

19 system, the provider shall not be consid20 ered to have received the notification. 

21 (E) OPTION TO CONTACT COMPLAINANT

22 REGARDING THE PROSCRIBED VISUAL DEPIC23 TION INVOLVING A MINOR.— 

24 (i) CONTACT WITH COMPLAINANT.—If 

25 the provider believes that the proscribed 


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1 visual depiction involving a minor ref2 erenced in the notification does not meet 

3 the definition of such term as provided in 

4 subsection (r)(10), the provider may, not 

5 later than 48 hours after receiving the no6 tification (or, in the case of a small pro7 vider, not later than 2 business days after 

8 such notification is received by the small 

9 provider), contact the complainant via elec10 tronic mail address to so indicate. 

11 (ii) FAILURE TO RESPOND.—If the 

12 complainant does not respond to the pro13 vider within 14 days after receiving the no14 tification, no further action by the provider 

15 is required and receipt of the notification 

16 shall not be considered in determining 

17 whether the provider has actual knowledge 

18 of any information described in the notifi19 cation. 

20 (iii) COMPLAINANT RESPONSE.—If the 

21 complainant responds to the provider with22 in 14 days after receiving the notification, 

23 the provider shall then proceed as set forth 

24 in paragraph (1), except that the applica25 ble timeframes described in such paraVerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6401 E:\BILLS\S1199.RS S1199

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1 graph shall commence on the day the pro2 vider receives the complainant’s response. 

3 (F) SERVICE OF NOTIFICATION WHERE

4 PROVIDER HAS NO DESIGNATED REPORTING

5 SYSTEM; PROCESS WHERE COMPLAINANT CAN6 NOT SERVE PROVIDER.— 

7 (i) NO DESIGNATED REPORTING SYS8 TEM.—If a provider does not have a des9 ignated reporting system, a complainant 

10 may serve the provider with a notification 

11 under this subsection to the provider in the 

12 same manner that petitions are required to 

13 be served under subsection (g)(4). 

14 (ii) COMPLAINANT CANNOT SERVE

15 PROVIDER.—If a provider does not have a 

16 designated reporting system and a com17 plainant cannot reasonably serve the pro18 vider with a notification as described in 

19 clause (i), the complainant may bring a pe20 tition under subsection (g)(1) without serv21 ing the provider with the notification. 

22 (G) RECIDIVIST HOSTING.—If a provider 

23 engages in recidivist hosting of a proscribed vis24 ual depiction relating to a child, in addition to 

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1 ant may submit a report concerning such recidi2 vist hosting to the CyberTipline operated by the 

3 National Center for Missing and Exploited Chil4 dren, or any successor to the CyberTipline oper5 ated by the National Center for Missing and 

6 Exploited Children. 

7 (H) PRESERVATION.—A provider that re8 ceives a complete notification under this sub9 section shall preserve the information in such 

10 notification in accordance with the requirements 

11 of sections 2713 and 2258A(h) of title 18, 

12 United States Code. For purposes of this sub13 paragraph, the period for which providers shall 

14 be required to preserve information in accord15 ance with such section 2258A(h) may be ex16 tended in 90-day increments on written request 

17 by the complainant or order of the Board. 

18 (I) NON-DISCLOSURE.—Except as other19 wise provided in subsection (g)(19)(C), for 180 

20 days following receipt of a notification under 

21 this subsection, a provider may not disclose the 

22 existence of the notification to any person or 

23 entity except to an attorney for purposes of ob24 taining legal advice, the Board, the Commis25 sion, a law enforcement agency described in 


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1 subparagraph (A), (B), or (C) of section 

2 2258A(g)(3) of title 18, United States Code, 

3 the National Center for Missing and Exploited 

4 Children, or as necessary to respond to legal 

5 process. Nothing in the preceding sentence shall 

6 be construed to infringe on the provider’s abil7 ity to communicate general information about 

8 terms of service violations. 

9 (d) ESTABLISHMENT OF CHILD ONLINE PROTEC10 TION BOARD.— 

11 (1) IN GENERAL.—There is established in the 

12 Federal Trade Commission a Child Online Protec13 tion Board, which shall administer and enforce the 

14 requirements of subsection (e) in accordance with 

15 this section. 

16 (2) OFFICERS AND STAFF.—The Board shall be 

17 composed of 3 full-time Child Online Protection Of18 ficers who shall be appointed by the Commission in 

19 accordance with paragraph (5)(A). A vacancy on the 

20 Board shall not impair the right of the remaining 

21 Child Online Protection Officers to exercise the 

22 functions and duties of the Board. 

23 (3) CHILD ONLINE PROTECTION ATTORNEYS.— 

24 Not fewer than 2 full-time Child Online Protection 


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1 Attorneys shall be hired to assist in the administra2 tion of the Board. 

3 (4) TECHNOLOGICAL ADVISER.—One or more 

4 technological advisers may be hired to assist with 

5 the handling of digital evidence and consult with the 

6 Child Online Protection Officers on matters con7 cerning digital evidence and technological issues. 

8 (5) QUALIFICATIONS.— 

9 (A) OFFICERS.— 

10 (i) IN GENERAL.—Each Child Online 

11 Protection Officer shall be an attorney 

12 duly licensed in at least 1 United States 

13 jurisdiction who has not fewer than 7 years 

14 of legal experience concerning child sexual 

15 abuse material and technology-facilitated 

16 crimes against children. 

17 (ii) EXPERIENCE.—Two of the Child 

18 Online Protection Officers shall have sub19 stantial experience in the evaluation, litiga20 tion, or adjudication of matters relating to 

21 child sexual abuse material or technology22 facilitated crimes against children. 

23 (B) ATTORNEYS.—Each Child Online Pro24 tection Attorney shall be an attorney duly li25 censed in at least 1 United States jurisdiction 


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1 who has not fewer than 3 years of substantial 

2 legal experience concerning child sexual abuse 

3 material and technology-facilitated crimes 

4 against children. 

5 (C) TECHNOLOGICAL ADVISER.—A techno6 logical adviser shall have at least one year of 

7 specialized experience with digital forensic anal8 ysis. 

9 (6) COMPENSATION.— 

10 (A) CHILD ONLINE PROTECTION OFFI11 CERS.— 

12 (i) DEFINITION.—In this subpara13 graph, the term ‘‘senior level employee of 

14 the Federal Government’’ means an em15 ployee, other than employee in the Senior 

16 Executive Service, the position of whom is 

17 classified above GS–15 of the General 

18 Schedule. 

19 (ii) PAY RANGE.—Each Child Online 

20 Protection Officer shall be compensated at 

21 a rate of pay that is not less than the min22 imum, and not more than the maximum, 

23 rate of pay payable for senior level employ24 ees of the Federal Government, including 

25 locality pay, as applicable. 


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1 (B) CHILD ONLINE PROTECTION ATTOR2 NEYS.—Each Child Online Protection Attorney 

3 shall be compensated at a rate of pay that is 

4 not more than the maximum rate of pay pay5 able for level 10 of GS–15 of the General 

6 Schedule, including locality pay, as applicable. 

7 (C) TECHNOLOGICAL ADVISER.—A techno8 logical adviser of the Board shall be com9 pensated at a rate of pay that is not more than 

10 the maximum rate of pay payable for level 10 

11 of GS–14 of the General Schedule, including lo12 cality pay, as applicable. 

13 (7) VACANCY.—If a vacancy occurs in the posi14 tion of Child Online Protection Officer, the Commis15 sion shall act expeditiously to appoint an Officer for 

16 that position. 

17 (8) SANCTION OR REMOVAL.—Subject to sub18 section (e)(2), the Chair of the Commission or the 

19 Commission may sanction or remove a Child Online 

20 Protection Officer. 

21 (9) ADMINISTRATIVE SUPPORT.—The Commis22 sion shall provide the Child Online Protection Offi23 cers and Child Online Protection Attorneys with nec24 essary administrative support, including techno25 logical facilities, to carry out the duties of the OffiVerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6401 E:\BILLS\S1199.RS S1199

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1 cers and Attorneys under this section. The Depart2 ment of Justice may provide equipment and guid3 ance on the storage and handling of proscribed vis4 ual depictions relating to children. 

5 (10) LOCATION OF BOARD.—The offices and fa6 cilities of the Child Online Protection Officers and 

7 Child Online Protection Attorneys shall be located at 

8 the headquarters or other office of the Commission. 

9 (e) AUTHORITY AND DUTIES OF THE BOARD.— 

10 (1) FUNCTIONS.— 

11 (A) OFFICERS.—Subject to the provisions 

12 of this section and applicable regulations, the 

13 functions of the Officers of the Board shall be 

14 as follows: 

15 (i) To render determinations on peti16 tions that may be brought before the Offi17 cers under this section. 

18 (ii) To ensure that petitions and re19 sponses are properly asserted and other20 wise appropriate for resolution by the 

21 Board. 

22 (iii) To manage the proceedings before 

23 the Officers and render determinations 

24 pertaining to the consideration of petitions 

25 and responses, including with respect to 


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1 scheduling, discovery, evidentiary, and 

2 other matters. 

3 (iv) To request, from participants and 

4 nonparticipants in a proceeding, the pro5 duction of information and documents rel6 evant to the resolution of a petition or re7 sponse. 

8 (v) To conduct hearings and con9 ferences. 

10 (vi) To facilitate the settlement by the 

11 parties of petitions and responses. 

12 (vii) To impose fines as set forth in 

13 subsection (g)(24). 

14 (viii) To provide information to the 

15 public concerning the procedures and re16 quirements of the Board. 

17 (ix) To maintain records of the pro18 ceedings before the Officers, certify official 

19 records of such proceedings as needed, 

20 and, as provided in subsection (g)(19)(A), 

21 make the records in such proceedings 

22 available to the public. 

23 (x) To carry out such other duties as 

24 are set forth in this section. 


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1 (xi) When not engaged in performing 

2 the duties of the Officers set forth in this 

3 section, to perform such other duties as 

4 may be assigned by the Chair of the Com5 mission or the Commission. 

6 (B) ATTORNEYS.—Subject to the provi7 sions of this section and applicable regulations, 

8 the functions of the Attorneys of the Board 

9 shall be as follows: 

10 (i) To provide assistance to the Offi11 cers of the Board in the administration of 

12 the duties of those Officers under this sec13 tion. 

14 (ii) To provide assistance to complain15 ants, providers, and members of the public 

16 with respect to the procedures and require17 ments of the Board. 

18 (iii) When not engaged in performing 

19 the duties of the Attorneys set forth in this 

20 section, to perform such other duties as 

21 may be assigned by the Commission. 

22 (C) DESIGNATED SERVICE AGENTS.—The 

23 Board may maintain a publicly available direc24 tory of service agents designated to receive serv25 ice of petitions filed with the Board. 


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1 (2) INDEPENDENCE IN DETERMINATIONS.— 

2 (A) IN GENERAL.—The Board shall render 

3 the determinations of the Board in individual 

4 proceedings independently on the basis of the 

5 records in the proceedings before it and in ac6 cordance with the provisions of this section, ju7 dicial precedent, and applicable regulations of 

8 the Commission. 

9 (B) PERFORMANCE APPRAISALS.—Not10 withstanding any other provision of law or any 

11 regulation or policy of the Commission, any per12 formance appraisal of an Officer or Attorney of 

13 the Board may not consider the substantive re14 sult of any individual determination reached by 

15 the Board as a basis for appraisal except to the 

16 extent that result may relate to any actual or 

17 alleged violation of an ethical standard of con18 duct. 

19 (3) DIRECTION BY COMMISSION.—Subject to 

20 paragraph (2), the Officers and Attorneys shall, in 

21 the administration of their duties, be under the su22 pervision of the Chair of the Commission. 

23 (4) INCONSISTENT DUTIES BARRED.—An Offi24 cer or Attorney of the Board may not undertake any 


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1 duty that conflicts with the duties of the Officer or 

2 Attorney in connection with the Board. 

3 (5) RECUSAL.—An Officer or Attorney of the 

4 Board shall recuse himself or herself from participa5 tion in any proceeding with respect to which the Of6 ficer or Attorney, as the case may be, has reason to 

7 believe that he or she has a conflict of interest. 

8 (6) EX PARTE COMMUNICATIONS.—Except as 

9 may otherwise be permitted by applicable law, any 

10 party or interested owner involved in a proceeding 

11 before the Board shall refrain from ex parte commu12 nications with the Officers of the Board and the 

13 Commission relevant to the merits of such pro14 ceeding before the Board. 

15 (7) JUDICIAL REVIEW.—Actions of the Officers 

16 and the Commission under this section in connection 

17 with the rendering of any determination are subject 

18 to judicial review as provided under subsection 

19 (g)(28). 

20 (f) CONDUCT OF PROCEEDINGS OF THE BOARD.— 

21 (1) IN GENERAL.—Proceedings of the Board 

22 shall be conducted in accordance with this section 

23 and regulations established by the Commission 

24 under this section, in addition to relevant principles 

25 of law. 


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1 (2) RECORD.—The Board shall maintain 

2 records documenting the proceedings before the 

3 Board. 

4 (3) CENTRALIZED PROCESS.—Proceedings be5 fore the Board shall— 

6 (A) be conducted at the offices of the 

7 Board without the requirement of in-person ap8 pearances by parties or others; 

9 (B) take place by means of written submis10 sions, hearings, and conferences carried out 

11 through internet-based applications and other 

12 telecommunications facilities, except that, in 

13 cases in which physical or other nontestimonial 

14 evidence material to a proceeding cannot be fur15 nished to the Board through available tele16 communications facilities, the Board may make 

17 alternative arrangements for the submission of 

18 such evidence that do not prejudice any party 

19 or interested owner; and 

20 (C) be conducted and concluded in an ex21 peditious manner without causing undue preju22 dice to any party or interested owner. 

23 (4) REPRESENTATION.— 

24 (A) IN GENERAL.—A party or interested 

25 owner involved in a proceeding before the Board 


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1 may be, but is not required to be, represented 

2 by— 

3 (i) an attorney; or 

4 (ii) a law student who is qualified 

5 under applicable law governing representa6 tion by law students of parties in legal pro7 ceedings and who provides such represen8 tation on a pro bono basis. 

9 (B) REPRESENTATION OF VICTIMS.— 

10 (i) IN GENERAL.—A petition involving 

11 a victim under the age of 16 at the time 

12 the petition is filed shall be filed by an au13 thorized representative, qualified organiza14 tion, or a person described in subpara15 graph (A). 

16 (ii) NO REQUIREMENT FOR QUALI17 FIED ORGANIZATIONS TO HAVE CONTACT

18 WITH, OR KNOWLEDGE OF, VICTIM.—A 

19 qualified organization may submit a notifi20 cation to a provider or file a petition on be21 half of a victim without regard to whether 

22 the qualified organization has contact with 

23 the victim or knows the identity, location, 

24 or contact information of the victim. 


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1 (g) PROCEDURES TO CONTEST A FAILURE TO RE2 MOVE A PROSCRIBED VISUAL DEPICTION RELATING TO

3 A CHILD OR A NOTIFICATION REPORTING A PROSCRIBED

4 VISUAL DEPICTION RELATING TO A CHILD.— 

5 (1) PROCEDURE TO CONTEST A FAILURE TO

6 REMOVE.— 

7 (A) COMPLAINANT PETITION.—A com8 plainant may file a petition to the Board claim9 ing that, as applicable— 

10 (i) the complainant submitted a com11 plete notification to a provider concerning 

12 a proscribed visual depiction relating to a 

13 child, and that— 

14 (I) the provider— 

15 (aa) did not remove the pro16 scribed visual depiction relating 

17 to a child within the timeframe 

18 required under subsection 

19 (c)(1)(A)(i); or 

20 (bb) incorrectly claimed 

21 that— 

22 (AA) the visual depic23 tion at issue could not be lo24 cated or removed through 

25 reasonable means; 


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1 (BB) the notification 

2 was incomplete; or 

3 (CC) the notification 

4 was duplicative under sub5 section (c)(2)(C)(i); and 

6 (II) did not file a timely petition 

7 to contest the notification with the 

8 Board under paragraph (2); or 

9 (ii) a provider is hosting a proscribed 

10 visual depiction relating to a child, does 

11 not have a designated reporting system, 

12 and the complainant was unable to serve a 

13 notification on the provider under this sub14 section despite reasonable efforts. 

15 (B) ADDITIONAL CLAIM.—As applicable, a 

16 petition filed under subparagraph (A) may also 

17 claim that the proscribed visual depiction relat18 ing to a child at issue in the petition involves 

19 recidivist hosting. 

20 (C) TIMEFRAME.— 

21 (i) IN GENERAL.—A petition under 

22 this paragraph shall be considered timely if 

23 it is filed within 30 days of the applicable 

24 start date, as defined under clause (ii). 


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1 (ii) APPLICABLE START DATE.—For 

2 purposes of clause (i), the term ‘‘applicable 

3 start date’’ means— 

4 (I) in the case of a petition under 

5 subparagraph (A)(i) claiming that the 

6 visual depiction was not removed or 

7 that the provider made an incorrect 

8 claim relating to the visual depiction 

9 or notification, the day that the pro10 vider’s option to file a petition has ex11 pired under paragraph (2)(B); and 

12 (II) in the case of a petition 

13 under subparagraph (A)(ii) related to 

14 a notification that could not be 

15 served, the last day of the 2-week pe16 riod that begins on the day on which 

17 the complainant first attempted to 

18 serve a notification on the provider in19 volved. 

20 (D) IDENTIFICATION OF VICTIM.—Any pe21 tition filed to the Board by the victim or an au22 thorized representative of the victim shall in23 clude the victim’s legal name. A petition filed to 

24 the Board by a qualified organization may, but 

25 is not required to, include the victim’s legal 


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1 name. Any petition containing the victim’s legal 

2 name shall be filed under seal. The victim’s 

3 legal name shall be redacted from any docu4 ments served on the provider and interested 

5 owner or made publicly available. 

6 (E) FAILURE TO REMOVE VISUAL DEPIC7 TIONS IN TIMELY MANNER.—A complainant 

8 may file a petition under subparagraph (A)(i) 

9 claiming that a visual depiction was not re10 moved even if the visual depiction was removed 

11 prior to the petition being filed, so long as the 

12 petition claims that the visual depiction was not 

13 removed within the timeframe specified in sub14 section (c)(1). 

15 (2) PROCEDURE TO CONTEST A NOTIFICA16 TION.— 

17 (A) PROVIDER PETITION.—If a provider 

18 receives a complete notification as described in 

19 subsection (c)(2) through its designated report20 ing system or in accordance with subsection 

21 (c)(2)(F)(i), the provider may file a petition to 

22 the Board claiming that the provider has a 

23 good faith belief that, as applicable— 

24 (i) the visual depiction that is the sub25 ject of the notification does not constitute 


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1 a proscribed visual depiction relating to a 

2 child; 

3 (ii) the notification is frivolous or was 

4 submitted with an intent to harass the pro5 vider or any person; 

6 (iii) the alleged proscribed visual de7 piction relating to a child cannot reason8 ably be located by the provider; 

9 (iv) for reasons beyond the control of 

10 the provider, the provider cannot remove 

11 the proscribed visual depiction relating to a 

12 child using reasonable means; or 

13 (v) the notification was duplicative 

14 under subsection (c)(2)(C)(i). 

15 (B) TIMEFRAME.— 

16 (i) IN GENERAL.—Subject to clauses 

17 (ii) and (iii), a petition contesting a notifi18 cation under this paragraph shall be con19 sidered timely if it is filed by a provider 

20 not later than 14 days after the day on 

21 which the provider receives the notification 

22 or the notification is made complete under 

23 subsection (c)(2)(D)(i). 

24 (ii) NO DESIGNATED REPORTING SYS25 TEM.—Subject to clause (iii), if a provider 


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1 does not have a designated reporting sys2 tem, a petition contesting a notification 

3 under this paragraph shall be considered 

4 timely if it is filed by a provider not later 

5 than 7 days after the day on which the 

6 provider receives the notification or the no7 tification is made complete under sub8 section (c)(2)(D)(i). 

9 (iii) SMALL PROVIDERS.—In the case 

10 of a small provider, each of the timeframes 

11 applicable under clauses (i) and (ii) shall 

12 be increased by 48 hours. 

13 (C) TEMPORARY REMOVAL OF ALLEGED

14 PROSCRIBED VISUAL DEPICTION RELATING TO A

15 CHILD.— 

16 (i) IN GENERAL.—If a provider files a 

17 petition to the Board contesting a notifica18 tion solely on the basis of the reason de19 scribed in subparagraph (A)(i), the pro20 vider shall disable public and user access 

21 to the alleged proscribed visual depiction 

22 relating to a child that is the subject of the 

23 notification prior to the submission of the 

24 petition and during the pendency of the 

25 adjudication, including judicial review as 


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1 provided in subsection (g)(28). Such peti2 tion shall include a statement, under the 

3 penalty of perjury, that public and user ac4 cess to the alleged proscribed visual depic5 tion relating to a child has been disabled. 

6 (ii) EFFECT OF FAILURE TO RE7 MOVE.— 

8 (I) IN GENERAL.—If a provider 

9 fails to comply with clause (i), the 

10 Board may— 

11 (aa) dismiss the petition 

12 with prejudice; and 

13 (bb) refer the matter to the 

14 Attorney General. 

15 (II) EFFECT OF DISMISSAL.—If 

16 a provider’s petition is dismissed 

17 under clause (I)(aa), the complainant 

18 may bring a petition under paragraph 

19 (1) as if the provider did not file a pe20 tition within the timeframe specified 

21 in subparagraph (B). 

22 (iii) EFFECT ON TIMING.—The Board 

23 shall prioritize the issuance of a determina24 tion concerning any petition subject to this 

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1 out causing undue prejudice to any party 

2 or interested owner. 

3 (3) COMMENCEMENT OF PROCEEDING.— 

4 (A) IN GENERAL.—In order to commence 

5 a proceeding under this section, a petitioning 

6 party shall, subject to such additional require7 ments as may be prescribed in regulations es8 tablished by the Commission, file a petition 

9 with the Board, that includes a statement of 

10 claims and material facts in support of each 

11 claim in the petition. A petition may set forth 

12 more than one claim. A petition shall also in13 clude information establishing that it has been 

14 filed within the applicable timeframe. 

15 (B) REVIEW OF PETITIONS BY CHILD ON16 LINE PROTECTION ATTORNEYS.—Child Online 

17 Protection Attorneys may review petitions to 

18 assess whether they are complete. The Board 

19 may permit a petitioning party to refile a defec20 tive petition. The Attorney may assist the peti21 tioning party in making any corrections. 

22 (C) DISMISSAL.—The Board may dismiss, 

23 with or without prejudice, any petition that fails 

24 to comply with subparagraph (A). 


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1 (4) SERVICE OF PROCESS REQUIREMENTS FOR

2 PETITIONS.— 

3 (A) IN GENERAL.—For purposes of peti4 tions under paragraphs (1) and (2), the peti5 tioning party shall, at or before the time of fil6 ing a petition, serve a copy on the other party. 

7 A corporation, partnership, or unincorporated 

8 association that is subject to suit in courts of 

9 general jurisdiction under a common name shall 

10 be served by delivering a copy of the petition to 

11 its service agent, if one has been so designated. 

12 (B) MANNER OF SERVICE.— 

13 (i) SERVICE BY NONDIGITAL

14 MEANS.—Service by nondigital means may 

15 be any of the following: 

16 (I) Personal, including delivery to 

17 a responsible person at the office of 

18 counsel. 

19 (II) By priority mail. 

20 (III) By third-party commercial 

21 carrier for delivery within 3 days. 

22 (ii) SERVICE BY DIGITAL MEANS.— 

23 Service of a paper may be made by sending 

24 it by any digital means, including through 

25 a provider’s designated reporting system. 


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1 (iii) WHEN SERVICE IS COM2 PLETED.—Service by mail or by commer3 cial carrier is complete 3 days after the 

4 mailing or delivery to the carrier. Service 

5 by digital means is complete on filing or 

6 sending, unless the party making service is 

7 notified that the paper was not received by 

8 the party served. 

9 (C) PROOF OF SERVICE.—A petition filed 

10 under paragraph (1) or (2) shall contain— 

11 (i) an acknowledgment of service by 

12 the person served; 

13 (ii) proof of service consisting of a 

14 statement by the person who made service 

15 certifying— 

16 (I) the date and manner of serv17 ice; 

18 (II) the names of the persons 

19 served; and 

20 (III) their mail or electronic ad21 dresses, facsimile numbers, or the ad22 dresses of the places of delivery, as 

23 appropriate for the manner of service; 

24 or 


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1 (iii) a statement indicating that serv2 ice could not reasonably be completed. 

3 (D) ATTORNEYS FEES AND COSTS.—Ex4 cept as otherwise provided in this subsection, all 

5 parties to a petition shall bear their own attor6 ney fees and costs. 

7 (5) SERVICE OF OTHER DOCUMENTS.—Docu8 ments submitted or relied upon in a proceeding, 

9 other than the petition, shall be served in accordance 

10 with regulations established by the Commission. 

11 (6) NOTIFICATION OF RIGHT TO OPT OUT.—In 

12 order to effectuate service on a responding party, 

13 the petition shall notify the responding party of their 

14 right to opt out of the proceeding before the Board, 

15 and the consequences of opting out and not opting 

16 out, including a prominent statement that by not 

17 opting out the respondent— 

18 (A) loses the opportunity to have the dis19 pute decided by a court created under article 

20 III of the Constitution of the United States; 

21 and 

22 (B) waives the right to a jury trial regard23 ing the dispute. 

24 (7) OPT-OUT PROCEDURE.—Within 1 week of 

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1 graph (4), 1 or more Officers of the Board shall 

2 hold a conference to explain that the responding 

3 party has a right to opt out of the proceeding before 

4 the Board, and describe the consequences of opting 

5 out and not opting out as described in paragraph 

6 (6). A responding party shall have a period of 30 

7 days, beginning on the date of conference, in which 

8 to provide written notice of such choice to the peti9 tioning party and the Child Online Protection 

10 Board. If the responding party does not submit an 

11 opt-out notice to the Child Online Protection Board 

12 within that 30-day period, the proceeding shall be 

13 deemed an active proceeding and the responding 

14 party shall be bound by the determination in the 

15 proceeding. If the responding party opts out of the 

16 proceeding during that 30-day period, the pro17 ceeding shall be dismissed without prejudice. 

18 (8) SCHEDULING.—Upon receipt of a complete 

19 petition and at the conclusion of the opt out proce20 dure described in paragraph (7), the Board shall 

21 issue a schedule for the future conduct of the pro22 ceeding. A schedule issued by the Board may be 

23 amended by the Board in the interests of justice. 

24 (9) CONFERENCES.—One or more Officers of 

25 the Board may hold a conference to address case 


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1 management or discovery issues in a proceeding, 

2 which shall be noted upon the record of the pro3 ceeding and may be recorded or transcribed. 

4 (10) PARTY SUBMISSIONS.—A proceeding of the 

5 Board may not include any formal motion practice, 

6 except that, subject to applicable regulations and 

7 procedures of the Board— 

8 (A) the parties to the proceeding and an 

9 interested owner may make requests to the 

10 Board to address case management and dis11 covery matters, and submit responses thereto; 

12 and 

13 (B) the Board may request or permit par14 ties and interested owners to make submissions 

15 addressing relevant questions of fact or law, or 

16 other matters, including matters raised sua 

17 sponte by the Officers of the Board, and offer 

18 responses thereto. 

19 (11) DISCOVERY.— 

20 (A) IN GENERAL.—Discovery in a pro21 ceeding shall be limited to the production of rel22 evant information and documents, written inter23 rogatories, and written requests for admission, 

24 as provided in regulations established by the 

25 Commission, except that— 


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1 (i) upon the request of a party, and 

2 for good cause shown, the Board may ap3 prove additional relevant discovery, on a 

4 limited basis, in particular matters, and 

5 may request specific information and docu6 ments from parties in the proceeding, con7 sistent with the interests of justice; 

8 (ii) upon the request of a party or in9 terested owner, and for good cause shown, 

10 the Board may issue a protective order to 

11 limit the disclosure of documents or testi12 mony that contain confidential informa13 tion; 

14 (iii) after providing notice and an op15 portunity to respond, and upon good cause 

16 shown, the Board may apply an adverse in17 ference with respect to disputed facts 

18 against a party or interested owner who 

19 has failed to timely provide discovery mate20 rials in response to a proper request for 

21 materials that could be relevant to such 

22 facts; and 

23 (iv) an interested owner shall only 

24 produce or receive discovery to the extent 

25 it relates to whether the visual depiction at 


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1 issue constitutes a proscribed visual depic2 tion relating to a child. 

3 (B) PRIVACY.—Any alleged proscribed vis4 ual depiction relating to a child received by the 

5 Board or the Commission as part of a pro6 ceeding shall be filed under seal and shall re7 main in the care, custody, and control of the 

8 Board or the Commission. For purposes of dis9 covery, the Board or Commission shall make 

10 the proscribed visual depiction relating to a 

11 child reasonably available to the parties and in12 terested owner but shall not provide copies. The 

13 privacy protections described in section 3509(d) 

14 of title 18, United States Code, shall apply to 

15 the Board, Commission, provider, complainant, 

16 and interested owner. 

17 (12) RESPONSES.—The responding party may 

18 refute any of the claims or factual assertions made 

19 by the petitioning party, and may also claim that the 

20 petition was not filed in the applicable timeframe or 

21 is barred under subsection (h). If a complainant is 

22 the petitioning party, a provider may claim in re23 sponse that the notification was incomplete and 

24 could not be made complete under subsection 


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1 (c)(2)(D)(i). The petitioning party may refute any 

2 responses submitted by the responding party. 

3 (13) INTERESTED OWNER.—An individual noti4 fied under paragraph (19)(C)(ii) may, within 14 

5 days of being so notified, file a motion to join the 

6 proceeding for the limited purpose of claiming that 

7 the visual depiction at issue does not constitute a 

8 proscribed visual depiction relating to a child. The 

9 Board shall serve the motion on both parties. Such 

10 motion shall include a factual basis and a signed 

11 statement, submitted under penalty of perjury, indi12 cating that the individual produced or created the 

13 visual depiction at issue. The Board shall dismiss 

14 any motion that does not include the signed state15 ment or that was submitted by an individual who did 

16 not produce or create the visual depiction at issue. 

17 If the motion is granted, the interested owner may 

18 also claim that the notification and petition were 

19 filed with an intent to harass the interested owner. 

20 Any party may refute the claims and factual asser21 tions made by the interested owner. 

22 (14) EVIDENCE.—The Board may consider the 

23 following types of evidence in a proceeding, and such 

24 evidence may be admitted without application of for25 mal rules of evidence: 


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1 (A) Documentary and other nontestimonial 

2 evidence that is relevant to the petitions or re3 sponses in the proceeding. 

4 (B) Testimonial evidence, submitted under 

5 penalty of perjury in written form or in accord6 ance with paragraph (15), limited to statements 

7 of the parties and nonexpert witnesses, that is 

8 relevant to the petitions or responses in a pro9 ceeding, except that, in exceptional cases, expert 

10 witness testimony or other types of testimony 

11 may be permitted by the Board for good cause 

12 shown. 

13 (15) HEARINGS.—Unless waived by all parties, 

14 the Board shall conduct a hearing to receive oral 

15 presentations on issues of fact or law from parties 

16 and witnesses to a proceeding, including oral testi17 mony, subject to the following: 

18 (A) Any such hearing shall be attended by 

19 not fewer than two of the Officers of the Board. 

20 (B) The hearing shall be noted upon the 

21 record of the proceeding and, subject to sub22 paragraph (C), may be recorded or transcribed 

23 as deemed necessary by the Board. 


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1 (C) A recording or transcript of the hear2 ing shall be made available to any Officer of the 

3 Board who is not in attendance. 

4 (16) VOLUNTARY DISMISSAL.— 

5 (A) BY PETITIONING PARTY.—Upon the 

6 written request of a petitioning party, the 

7 Board shall dismiss the petition, with or with8 out prejudice. 

9 (B) BY RESPONDING PARTY OR INTER10 ESTED OWNER.—Upon written request of a re11 sponding party or interested owner, the Board 

12 shall dismiss any responses to the petition, and 

13 shall consider all claims and factual assertions 

14 in the petition to be true. 

15 (17) FACTUAL FINDINGS.—Subject to para16 graph (11)(A)(iii), the Board shall make factual 

17 findings based upon a preponderance of the evi18 dence. 

19 (18) DETERMINATIONS.— 

20 (A) NATURE AND CONTENTS.—A deter21 mination rendered by the Board in a proceeding 

22 shall— 

23 (i) be reached by a majority of the 

24 Board; 


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1 (ii) be in writing, and include an ex2 planation of the factual and legal basis of 

3 the determination; and 

4 (iii) include a clear statement of all 

5 fines, costs, and other relief awarded. 

6 (B) DISSENT.—An Officer of the Board 

7 who dissents from a decision contained in a de8 termination under subparagraph (A) may ap9 pend a statement setting forth the grounds for 

10 that dissent. 

11 (19) PUBLICATION AND DISCLOSURE.— 

12 (A) PUBLICATION.—Each final determina13 tion of the Board shall be made available on a 

14 publicly accessible website, except that the final 

15 determination shall be redacted to protect con16 fidential information that is the subject of a 

17 protective order under paragraph (11)(A)(ii) or 

18 information protected pursuant to paragraph 

19 (11)(B) and any other information protected 

20 from public disclosure under the Federal Trade 

21 Commission Act or any other applicable provi22 sion of law. 

23 (B) FREEDOM OF INFORMATION ACT.—All 

24 information relating to proceedings of the 

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1 sure to the public under section 552(b)(3) of 

2 title 5, except for determinations, records, and 

3 information published under subparagraph (A). 

4 Any information that is disclosed under this 

5 subparagraph shall have redacted any informa6 tion that is the subject of a protective order 

7 under paragraph (11)(A)(ii) or protected pursu8 ant to paragraph (11)(B). 

9 (C) EFFECT OF PETITION ON NON-DISCLO10 SURE PERIOD.— 

11 (i) Submission of a petition extends 

12 the non-disclosure period under subsection 

13 (c)(2)(I) for the pendency of the pro14 ceeding. The provider may submit an ob15 jection to the Board that nondisclosure is 

16 contrary to the interests of justice. The 

17 complainant may, but is not required to, 

18 respond to the objection. The Board should 

19 sustain the objection unless there is reason 

20 to believe that the circumstances in section 

21 3486(a)(6)(B) of title 18, United States 

22 Code, exist and outweigh the interests of 

23 justice. 

24 (ii) If the Board sustains an objection 

25 to the nondisclosure period, the provider or 


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1 the Board may notify the apparent owner 

2 of the visual depiction in question about 

3 the proceeding, and include instructions on 

4 how the owner may move to join the pro5 ceeding under paragraph (13). 

6 (iii) If applicable, the nondisclosure 

7 period expires 120 after the Board’s deter8 mination becomes final, except it shall ex9 pire immediately upon the Board’s deter10 mination becoming final if the Board finds 

11 that the visual depiction is not a pro12 scribed visual depiction relating to a 

13 minor. 

14 (iv) The interested owner of a visual 

15 depiction may not bring any legal action 

16 against any party related to the proscribed 

17 visual depiction relating to a child until the 

18 Board’s determination is final. Once the 

19 determination is final, the owner of the vis20 ual depiction may pursue any legal relief 

21 available under the law, subject to sub22 sections (h), (k), and (l). 

23 (20) RESPONDING PARTY’S DEFAULT.—If the 

24 Board finds that service of the petition on the re25 sponding party could not reasonably be completed, 


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1 or the responding party has failed to appear or has 

2 ceased participating in a proceeding, as dem3 onstrated by the responding party’s failure, without 

4 justifiable cause, to meet one or more deadlines or 

5 requirements set forth in the schedule adopted by 

6 the Board, the Board may enter a default deter7 mination, including the dismissal of any responses 

8 asserted by the responding party, as follows and in 

9 accordance with such other requirements as the 

10 Commission may establish by regulation: 

11 (A) The Board shall require the petitioning 

12 party to submit relevant evidence and other in13 formation in support of the petitioning party’s 

14 claims and, upon review of such evidence and 

15 any other requested submissions from the peti16 tioning party, shall determine whether the ma17 terials so submitted are sufficient to support a 

18 finding in favor of the petitioning party under 

19 applicable law and, if so, the appropriate relief 

20 and damages, if any, to be awarded. 

21 (B) If the Board makes an affirmative de22 termination under subparagraph (A), the Board 

23 shall prepare a proposed default determination, 

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1 dresses, reflected in the records of the pro2 ceeding before the Board, of the pendency of a 

3 default determination by the Board and of the 

4 legal significance of such determination. Such 

5 notice shall be accompanied by the proposed de6 fault determination and shall provide that the 

7 responding party has a period of 30 days, be8 ginning on the date of the notice, to submit any 

9 evidence or other information in opposition to 

10 the proposed default determination. 

11 (C) If the responding party responds to the 

12 notice provided under subparagraph (B) within 

13 the 30-day period provided in such subpara14 graph, the Board shall consider responding par15 ty’s submissions and, after allowing the peti16 tioning party to address such submissions, 

17 maintain, or amend its proposed determination 

18 as appropriate, and the resulting determination 

19 shall not be a default determination. 

20 (D) If the respondent fails to respond to 

21 the notice provided under subparagraph (B), 

22 the Board shall proceed to issue the default de23 termination. Thereafter, the respondent may 

24 only challenge such determination to the extent 

25 permitted under paragraph (28). 


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1 (21) PETITIONING PARTY OR INTERESTED

2 OWNER’S FAILURE TO PROCEED.—If a petitioning 

3 party or interested owner who has joined the pro4 ceeding fails to proceed, as demonstrated by the fail5 ure, without justifiable cause, to meet one or more 

6 deadlines or requirements set forth in the schedule 

7 adopted by the Board, the Board may, upon pro8 viding written notice to the petitioning party or in9 terested owner and a period of 30 days, beginning 

10 on the date of the notice, to respond to the notice, 

11 and after considering any such response, issue a de12 termination dismissing the claims made by the peti13 tioning party or interested owner. The Board may 

14 order the petitioning party to pay attorneys’ fees 

15 and costs under paragraph (26)(B), if appropriate. 

16 Thereafter, the petitioning party may only challenge 

17 such determination to the extent permitted under 

18 paragraph (28). 

19 (22) REQUEST FOR RECONSIDERATION.—A 

20 party or interested owner may, within 30 days after 

21 the date on which the Board issues a determination 

22 under paragraph (18), submit to the Board a writ23 ten request for reconsideration of, or an amendment 

24 to, such determination if the party or interested 

25 owner identifies a clear error of law or fact material 


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1 to the outcome, or a technical mistake. After pro2 viding the other parties an opportunity to address 

3 such request, the Board shall either deny the request 

4 or issue an amended determination. 

5 (23) REVIEW BY COMMISSION.—If the Board 

6 denies a party or interested owner a request for re7 consideration of a determination under paragraph 

8 (22), the party or interested owner may, within 30 

9 days after the date of such denial, request review of 

10 the determination by the Commission in accordance 

11 with regulations established by the Commission. 

12 After providing the other party or interested owner 

13 an opportunity to address the request, the Commis14 sion shall either deny the request for review, or re15 mand the proceeding to the Board for reconsider16 ation of issues specified in the remand and for 

17 issuance of an amended determination. Such amend18 ed determination shall not be subject to further con19 sideration or review, other than under paragraph 

20 (28). 

21 (24) FAVORABLE RULING ON COMPLAINANT PE22 TITION.— 

23 (A) IN GENERAL.—If the Board grants a 

24 complainant’s petition filed under this section, 


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1 notwithstanding any other law, the Board 

2 shall— 

3 (i) order the provider to immediately 

4 remove the proscribed visual depiction re5 lating to a child, and to permanently delete 

6 all copies of the visual depiction known to 

7 and under the control of the provider un8 less the Board orders the provider to pre9 serve the visual depiction; 

10 (ii) impose a fine of $50,000 per pro11 scribed visual depiction relating to a child 

12 covered by the determination, but if the 

13 Board finds that— 

14 (I) the provider removed the pro15 scribed visual depiction relating to a 

16 child after the period set forth in sub17 section (c)(1)(A)(i), but before the 

18 complainant filed a petition, such fine 

19 shall be $25,000; 

20 (II) the provider has engaged in 

21 recidivist hosting for the first time 

22 with respect to the proscribed visual 

23 depiction relating to a child in ques24 tion, such fine shall be $100,000 per 


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1 proscribed visual depiction relating to 

2 a child; or 

3 (III) the provider has engaged in 

4 recidivist hosting of the proscribed 

5 visual depiction relating to a child in 

6 question 2 or more times, such fine 

7 shall be $200,000 per proscribed vis8 ual depiction relating to a child; 

9 (iii) order the provider to pay reason10 able costs to the complainant; and 

11 (iv) refer any matters involving inten12 tional or willful conduct by a provider with 

13 respect to a proscribed visual depiction re14 lating to a child, or recidivist hosting, to 

15 the Attorney General for prosecution under 

16 any applicable laws. 

17 (B) PROVIDER PAYMENT OF FINE AND

18 COSTS.—Notwithstanding any other law, the 

19 Board shall direct a provider to promptly pay 

20 fines and costs imposed under subparagraph 

21 (A) as follows: 

22 (i) If the petition was filed by a vic23 tim, such fine and costs shall be paid to 

24 the victim. 


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1 (ii) If the petition was filed by an au2 thorized representative of a victim— 

3 (I) 30 percent of such fine shall 

4 be paid to the authorized representa5 tive and 70 percent of such fine paid 

6 to the victim; and 

7 (II) costs shall be paid to the au8 thorized representative. 

9 (iii) If the petition was filed by a 

10 qualified organization— 

11 (I) the fine shall be paid to the 

12 Child Pornography Victims Reserve as 

13 provided in section 2259B of title 18, 

14 United States Code; and 

15 (II) costs shall be paid to the 

16 qualified organization. 

17 (25) EFFECT OF DENIAL OF PROVIDER PETI18 TION.— 

19 (A) IN GENERAL.—If the Board denies a 

20 provider’s petition to contest a notification filed 

21 under paragraph (2), it shall order the provider 

22 to immediately remove the proscribed visual de23 piction relating to a child, and to permanently 

24 delete all copies of the visual depiction known 

25 to and under the control of the provider unless 


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1 the Board orders the provider to preserve the 

2 visual depiction. 

3 (B) REFERRAL FOR FAILURE TO REMOVE

4 MATERIAL.—If a provider does not remove and, 

5 if applicable, permanently delete a proscribed 

6 visual depiction relating to a child within 48 

7 hours of the Board issuing a determination 

8 under subparagraph (A), or not later than 2 

9 business days of the Board issuing a determina10 tion under subparagraph (A) concerning a small 

11 provider, the Board shall refer the matter to 

12 the Attorney General for prosecution under any 

13 applicable laws. 

14 (C) COSTS FOR FRIVOLOUS PETITION.—If 

15 the Board finds that a provider filed a petition 

16 under paragraph (2) for a harassing or im17 proper purpose or without reasonable basis in 

18 law or fact, the Board shall order the provider 

19 to pay the reasonable costs of the complainant. 

20 (26) EFFECT OF DENIAL OF COMPLAINANT’S

21 PETITION OR FAVORABLE RULING ON PROVIDER’S

22 PETITION.— 

23 (A) RESTORATION.—If the Board grants a 

24 provider’s petition filed under paragraph (2) or 

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1 plainant under paragraph (1), the provider may 

2 restore access to any visual depiction that was 

3 at issue in the proceeding. 

4 (B) COSTS FOR INCOMPLETE OR FRIVO5 LOUS NOTIFICATION AND HARASSMENT.—If, in 

6 granting or denying a petition as described in 

7 subparagraph (A), the Board finds that the no8 tification contested in the petition could not be 

9 made complete under subsection (c)(2)(D), is 

10 frivolous, or is duplicative under subsection 

11 (c)(2)(C)(i), the Board may order the complain12 ant to pay costs to the provider and any inter13 ested owner, which shall not exceed a total of 

14 $10,000, or, if the Board finds that the com15 plainant filed the notification with an intent to 

16 harass the provider or any person, a total of 

17 $15,000. 

18 (27) CIVIL ACTION; OTHER RELIEF.— 

19 (A) IN GENERAL.—Whenever any provider 

20 or complainant fails to comply with a final de21 termination of the Board issued under para22 graph (18), the Department of Justice may 

23 commence a civil action in a district court of 

24 the United States to enforce compliance with 

25 such determination. 


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1 (B) SAVINGS CLAUSE.—Nothing in this 

2 section shall be construed to limit the authority 

3 of the Commission or Department of Justice 

4 under any other provision of law. 

5 (28) CHALLENGES TO THE DETERMINATION.— 

6 (A) BASES FOR CHALLENGE.—Not later 

7 than 45 days after the date on which the Board 

8 issues a determination or amended determina9 tion in a proceeding, or not later than 45 days 

10 after the date on which the Board completes 

11 any process of reconsideration or the Commis12 sion completes a review of the determination, 

13 whichever occurs later, a party may seek an 

14 order from a district court, located where the 

15 provider or complainant conducts business or 

16 resides, vacating, modifying, or correcting the 

17 determination of the Board in the following 

18 cases: 

19 (i) If the determination was issued as 

20 a result of fraud, corruption, misrepresen21 tation, or other misconduct. 

22 (ii) If the Board exceeded its author23 ity or failed to render a determination con24 cerning the subject matter at issue. 


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1 (iii) In the case of a default deter2 mination or determination based on a fail3 ure to prosecute, if it is established that 

4 the default or failure was due to excusable 

5 neglect. 

6 (B) PROCEDURE TO CHALLENGE.— 

7 (i) NOTICE OF APPLICATION.—Notice 

8 of the application to challenge a determina9 tion of the Board shall be provided to all 

10 parties to the proceeding before the Board, 

11 in accordance with the procedures applica12 ble to service of a motion in the court 

13 where the application is made. 

14 (ii) STAYING OF PROCEEDINGS.—For 

15 purposes of an application under this para16 graph, any judge who is authorized to 

17 issue an order to stay the proceedings in 

18 an any other action brought in the same 

19 court may issue an order, to be served with 

20 the notice of application, staying pro21 ceedings to enforce the award while the 

22 challenge is pending. 

23 (29) FINAL DETERMINATION.—A determination 

24 of the Board shall be final on the date that all op25 portunities for a party or interested owner to seek 


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1 reconsideration or review of a determination under 

2 paragraph (22) or (23), or for a party to challenge 

3 the determination under paragraph (28), have ex4 pired or are exhausted. 

5 (h) EFFECT OF PROCEEDING.— 

6 (1) SUBSEQUENT PROCEEDINGS.—The issuance 

7 of a final determination by the Board shall preclude 

8 the filing by any party of any subsequent petition 

9 that is based on the notification at issue in the final 

10 determination. This paragraph shall not limit the 

11 ability of any party to file a subsequent petition 

12 based on any other notification. 

13 (2) DETERMINATION.—Except as provided in 

14 paragraph (1), the issuance of a final determination 

15 by the Board, including a default determination or 

16 determination based on a failure to prosecute, shall 

17 not preclude relitigation of any factual matter in any 

18 subsequent legal action or proceeding before any 

19 court, tribunal, or the Board, and any determination 

20 of the Board may not be cited or relied upon as legal 

21 precedent in any such legal action or proceeding ex22 cept that— 

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1 ered by the Board in any subsequent proceeding 

2 before the Board involving the same parties or 

3 interested owner and the same proscribed visual 

4 depiction relating to a minor; and 

5 (B) a finding by the Board that a visual 

6 depiction constitutes a proscribed visual depic7 tion relating to a child may not be relitigated 

8 in any civil proceeding brought by an interested 

9 owner. 

10 (3) OTHER MATERIALS IN PROCEEDING.—A 

11 submission or statement of a party, interested 

12 owner, or witness made in connection with a pro13 ceeding before the Board, including a proceeding 

14 that is dismissed, may not serve as the basis of any 

15 action or proceeding before any court or tribunal ex16 cept for any legal action related to perjury or for 

17 conduct described in subsection (k)(2). A statement 

18 of a party, interested owner, or witness may be re19 ceived as evidence, in accordance with applicable 

20 rules, in any subsequent legal action or proceeding 

21 before any court, tribunal, or the Board. 

22 (4) FAILURE TO ASSERT RESPONSE.—Except 

23 as provided in paragraph (1), the failure or inability 

24 to assert any allegation, factual claim, or response in 

25 a proceeding before the Board shall not preclude the 


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1 assertion of that response in any subsequent legal 

2 action or proceeding before any court, tribunal, or 

3 the Board. 

4 (i) ADMINISTRATION.—The Commission may issue 

5 regulations in accordance with section 553 of title 5, 

6 United States Code, to implement this section. 

7 (j) STUDY.— 

8 (1) IN GENERAL.—Not later than 3 years after 

9 the date on which Child Online Protection Board 

10 issues the first determination under this section, the 

11 Commission shall conduct, and report to Congress 

12 on, a study that addresses the following: 

13 (A) The use and efficacy of the Child On14 line Protection Board in expediting the removal 

15 of proscribed visual depictions relating to chil16 dren and resolving disputes concerning said vis17 ual depictions, including the number of pro18 ceedings the Child Online Protection Board 

19 could reasonably administer with current allo20 cated resources. 

21 (B) Whether adjustments to the authority 

22 of the Child Online Protection Board are nec23 essary or advisable, including with respect to 

24 permissible claims, responses, fines, costs, and 

25 joinder by interested parties; 


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1 (C) Whether the Child Online Protection 

2 Board should be permitted to expire, be ex3 tended, or be expanded. 

4 (D) Such other matters as the Commission 

5 believes may be pertinent concerning the Child 

6 Online Protection Board. 

7 (2) CONSULTATION.—In conducting the study 

8 and completing the report required under paragraph 

9 (1), the Commission shall, to the extent feasible, 

10 consult with complainants, victims, and providers to 

11 include their views on the matters addressed in the 

12 study and report. 

13 (k) LIMITED LIABILITY.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), a civil claim or criminal charge against 

16 the Board, a provider, a complainant, interested 

17 owner, or representative under subsection (f)(4), for 

18 distributing, receiving, accessing, or possessing a 

19 proscribed visual depiction relating to a child for the 

20 sole and exclusive purpose of complying with the re21 quirements of this section, or for the sole and exclu22 sive purpose of seeking or providing legal advice in 

23 order to comply with this section, may not be 

24 brought in any Federal or State court. 


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1 (2) INTENTIONAL, RECKLESS, OR OTHER MIS2 CONDUCT.—Paragraph (1) shall not apply to a claim 

3 against the Board, a provider, a complainant, inter4 ested owner, or representative under subsection 

5 (f)(4)— 

6 (A) for any conduct unrelated to compli7 ance with the requirements of this section; 

8 (B) if the Board, provider, complainant, 

9 interested owner, or representative under sub10 section (f)(4) (as applicable)— 

11 (i) engaged in intentional misconduct; 

12 or 

13 (ii) acted, or failed to act— 

14 (I) with actual malice; or 

15 (II) with reckless disregard to a 

16 substantial risk of causing physical in17 jury without legal justification; or 

18 (C) in the case of a claim against a com19 plainant, if the complainant falsely claims to be 

20 a victim, an authorized representative of a vic21 tim, or a qualified organization. 

22 (3) MINIMIZING ACCESS.—The Board, a pro23 vider, a complainant, an interested owner, or a rep24 resentative under subsection (f)(4) shall— 


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1 (A) minimize the number of individuals 

2 that are provided access to any alleged, con3 tested, or actual proscribed visual depictions re4 lating to a child under this section; 

5 (B) ensure that any alleged, contested, or 

6 actual proscribed visual depictions relating to a 

7 child are transmitted and stored in a secure 

8 manner and are not distributed to or accessed 

9 by any individual other than as needed to im10 plement this section; and 

11 (C) ensure that all copies of any proscribed 

12 visual depictions relating to a child are perma13 nently deleted upon a request from the Board, 

14 Commission, or the Federal Bureau of Inves15 tigation. 

16 (l) PROVIDER IMMUNITY FROM CLAIMS BASED ON

17 REMOVAL OF VISUAL DEPICTION.—A provider shall not 

18 be liable to any person for any claim based on the pro19 vider’s good faith removal of any alleged proscribed visual 

20 depiction relating to a child pursuant to a notification 

21 under this section, regardless of whether the visual depic22 tion is found to be a proscribed visual depiction relating 

23 to a child by the Board. 

24 (m) CONTINUED APPLICABILITY OF FEDERAL, 

25 STATE, AND TRIBAL LAW.— 


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1 (1) IN GENERAL.—This Act shall not be con2 strued to impair, supersede, or limit a provision of 

3 Federal, State, or Tribal law. 

4 (2) NO PREEMPTION.—Nothing in this Act 

5 shall prohibit a State or Tribal government from 

6 adopting and enforcing a provision of law governing 

7 child sex abuse material that is at least as protective 

8 of the rights of a victim as this section. 

9 (n) DISCOVERY.—Nothing in this Act affects dis10 covery, a subpoena or any other court order, or any other 

11 judicial process otherwise in accordance with Federal or 

12 State law. 

13 (o) RULE OF CONSTRUCTION.—Nothing in this sec14 tion shall be construed to relieve a provider from any obli15 gation imposed on the provider under section 2258A of 

16 title 18, United States Code. 

17 (p) FUNDING.—There are authorized to be appro18 priated such sums as may be necessary to pay the costs 

19 incurred by the Commission under this section, including 

20 the costs of establishing and maintaining the Board and 

21 its facilities. 

22 (q) SUNSET.—Except for subsections (a), (h), (k), 

23 (l), (m), (n), (o), and (r), this section shall expire 5 years 

24 after the date on which the Child Online Protection Board 

25 issues its first determination under this section. 


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1 (r) DEFINITIONS.—In this section: 

2 (1) BOARD.—The term ‘‘Board’’ means the 

3 Child Online Protection Board established under 

4 subsection (e). 

5 (2) CHILD SEXUAL ABUSE MATERIAL.—The 

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

7 provided in section 2256(8) of title 18, United 

8 States Code. 

9 (3) COMMISSION.—The term ‘‘Commission’’ 

10 means the Federal Trade Commission. 

11 (4) COMPLAINANT.—The term ‘‘complainant’’ 

12 means— 

13 (A) the victim appearing in the proscribed 

14 visual depiction relating to a child; 

15 (B) an authorized representative of the vic16 tim appearing in the proscribed visual depiction 

17 relating to a child; or 

18 (C) a qualified organization. 

19 (5) DESIGNATED REPORTING SYSTEM.—The 

20 term ‘‘designated reporting system’’ means a digital 

21 means of submitting a notification to a provider 

22 under this subsection that is publicly and promi23 nently available, easily accessible, and easy to use. 

24 (6) HOST.—The term ‘‘host’’ means to store or 

25 make a visual depiction available or accessible to the 


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1 public or any users through digital means or on a 

2 system or network controlled or operated by or for 

3 a provider. 

4 (7) IDENTIFIABLE PERSON.—The term ‘‘identi5 fiable person’’ means a person who is recognizable 

6 as an actual person by the person’s face, likeness, or 

7 other distinguishing characteristic, such as a unique 

8 birthmark or other recognizable feature. 

9 (8) INTERESTED OWNER.—The term ‘‘inter10 ested owner’’ means an individual who has joined a 

11 proceeding before the Board under subsection 

12 (g)(13). 

13 (9) PARTY.—The term ‘‘party’’ means the com14 plainant or provider. 

15 (10) PROSCRIBED VISUAL DEPICTION RELATING

16 TO A CHILD.—The term ‘‘proscribed visual depiction 

17 relating to a child’’ means child sexual abuse mate18 rial or a related exploitative visual depiction. 

19 (11) PROVIDER.—The term ‘‘provider’’ means a 

20 provider of an interactive computer service, as that 

21 term is defined in section 230 of the Communica22 tions Act of 1934 (47 U.S.C. 230), and for purposes 

23 of subsections (k) and (l), includes any director, offi24 cer, employee, or agent of such provider. 


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1 (12) QUALIFIED ORGANIZATION.—The term 

2 ‘‘qualified organization’’ means an organization de3 scribed in section 501(c)(3) of the Internal Revenue 

4 Code of 1986 that is exempt from tax under section 

5 501(a) of that Code that works to address child sex6 ual abuse material and to support victims of child 

7 sexual abuse material. 

8 (13) RECIDIVIST HOSTING.—The term ‘‘recidi9 vist hosting’’ means, with respect to a provider, that 

10 the provider removes a proscribed visual depiction 

11 relating to a child pursuant to a notification or de12 termination under this subsection, and then subse13 quently hosts a visual depiction that has the same 

14 hash value or other technical identifier as the visual 

15 depiction that had been so removed. 

16 (14) RELATED EXPLOITIVE VISUAL DEPIC17 TION.—The term ‘‘related exploitive visual depic18 tion’’ means a visual depiction of an identifiable per19 son of any age where the visual depiction does not 

20 constitute child sexual abuse material but is pub21 lished and associated with child sexual abuse mate22 rial depicting that person. 

23 (15) SMALL PROVIDER.—The term ‘‘small pro24 vider’’ means a provider that, for the most recent 


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1 calendar year, averaged less than 10,000,000 active 

2 users on a monthly basis in the United States. 

3 (16) VICTIM.— 

4 (A) IN GENERAL.—The term ‘‘victim’’ 

5 means an individual of any age who is depicted 

6 in child sexual abuse material while under 18 

7 years of age. 

8 (B) ASSUMPTION OF RIGHTS.—In the case 

9 of a victim who is under 18 years of age, in10 competent, incapacitated, or deceased, the legal 

11 guardian of the victim or representative of the 

12 victim’s estate, another family member, or any 

13 other person appointed as suitable by a court, 

14 may assume the victim’s rights to submit a no15 tification or file a petition under this section, 

16 but in no event shall an individual who pro17 duced or conspired to produce the child sexual 

18 abuse material depicting the victim be named as 

19 such representative or guardian. 

20 (17) VISUAL DEPICTION.—The term ‘‘visual de21 piction’’ has the meaning provided in section 

22 2256(5) of title 18, United States Code. 

23 SEC. 8. SEVERABILITY. 

24 If any provision of this Act, an amendment made by 

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1 ment to any person or circumstance is held to be unconsti2 tutional, the remainder of this Act and the amendments 

3 made by this Act, and the application of the provision or 

4 amendment to any other person or circumstance, shall not 

5 be affected. 

6 SECTION 1. SHORT TITLE. 

7 This Act may be cited as the ‘‘Strengthening Trans8 parency and Obligations to Protect Children Suffering from 

9 Abuse and Mistreatment Act of 2023’’ or the ‘‘STOP CSAM 

10 Act of 2023’’. 

11 SEC. 2. PROTECTING CHILD VICTIMS AND WITNESSES IN 

12 FEDERAL COURT. 

13 (a) IN GENERAL.—Section 3509 of title 18, United 

14 States Code, is amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (2)(A), by striking ‘‘or ex17 ploitation’’ and inserting ‘‘exploitation, or kid18 napping, including international parental kid19 napping’’; 

20 (B) in paragraph (3), by striking ‘‘physical 

21 or mental injury’’ and inserting ‘‘physical in22 jury, psychological abuse’’; 

23 (C) by striking paragraph (5) and inserting 

24 the following: 

25 ‘‘(5) the term ‘psychological abuse’ includes— 


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1 ‘‘(A) a pattern of acts, threats of acts, or co2 ercive tactics intended to degrade, humiliate, in3 timidate, or terrorize a child; and 

4 ‘‘(B) the infliction of trauma on a child 

5 through— 

6 ‘‘(i) isolation; 

7 ‘‘(ii) the withholding of food or other 

8 necessities in order to control behavior; 

9 ‘‘(iii) physical restraint; or 

10 ‘‘(iv) the confinement of the child with11 out the child’s consent and in degrading 

12 conditions;’’; 

13 (D) in paragraph (6), by striking ‘‘child 

14 prostitution’’ and inserting ‘‘child sex traf15 ficking’’; 

16 (E) by striking paragraph (7) and inserting 

17 the following: 

18 ‘‘(7) the term ‘multidisciplinary child abuse 

19 team’ means a professional unit of individuals work20 ing together to investigate child abuse and provide as21 sistance and support to a victim of child abuse, com22 posed of representatives from— 

23 ‘‘(A) health, social service, and legal service 

24 agencies that represent the child; 


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1 ‘‘(B) law enforcement agencies and prosecu2 torial offices; and 

3 ‘‘(C) children’s advocacy centers;’’; 

4 (F) in paragraph (9)(D)— 

5 (i) by striking ‘‘genitals’’ and inserting 

6 ‘‘anus, genitals,’’; and 

7 (ii) by striking ‘‘or animal’’; 

8 (G) in paragraph (11), by striking ‘‘and’’ 

9 at the end; 

10 (H) in paragraph (12)— 

11 (i) by striking ‘‘the term ‘child abuse’ 

12 does not’’ and inserting ‘‘the terms ‘physical 

13 injury’ and ‘psychological abuse’ do not’’; 

14 and 

15 (ii) by striking the period and insert16 ing a semicolon; and 

17 (I) by adding at the end the following: 

18 ‘‘(13) the term ‘covered person’ means a person 

19 of any age who— 

20 ‘‘(A) is or is alleged to be— 

21 ‘‘(i) a victim of a crime of physical 

22 abuse, sexual abuse, exploitation, or kidnap23 ping, including international parental kid24 napping; or 


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1 ‘‘(ii) a witness to a crime committed 

2 against another person; and 

3 ‘‘(B) was under the age of 18 when the 

4 crime described in subparagraph (A) was com5 mitted; and 

6 ‘‘(14) the term ‘protected information’, with re7 spect to a covered person, includes— 

8 ‘‘(A) personally identifiable information of 

9 the covered person, including— 

10 ‘‘(i) the name of the covered person; 

11 ‘‘(ii) an address; 

12 ‘‘(iii) a phone number; 

13 ‘‘(iv) a user name or identifying infor14 mation for an online, social media, or email 

15 account; and 

16 ‘‘(v) any information that can be used 

17 to distinguish or trace the identity of the 

18 covered person, either alone or when com19 bined with other information that is linked 

20 or linkable to the covered person; 

21 ‘‘(B) medical, dental, behavioral, psy22 chiatric, or psychological information of the cov23 ered person; 

24 ‘‘(C) educational or juvenile justice records 

25 of the covered person; and 


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1 ‘‘(D) any other information concerning the 

2 covered person that is deemed ‘protected informa3 tion’ by order of the court under subsection 

4 (d)(5).’’; 

5 (2) in subsection (b)— 

6 (A) in paragraph (1)(C), by striking 

7 ‘‘minor’’ and inserting ‘‘child’’; and 

8 (B) in paragraph (2)— 

9 (i) in the heading, by striking 

10 ‘‘VIDEOTAPED’’ and inserting ‘‘RECORDED’’; 

11 (ii) in subparagraph (A), by striking 

12 ‘‘that the deposition be recorded and pre13 served on videotape’’ and inserting ‘‘that a 

14 video recording of the deposition be made 

15 and preserved’’; 

16 (iii) in subparagraph (B)— 

17 (I) in clause (ii), by striking 

18 ‘‘that the child’s deposition be taken 

19 and preserved by videotape’’ and in20 serting ‘‘that a video recording of the 

21 child’s deposition be made and pre22 served’’; 

23 (II) in clause (iii)— 

24 (aa) in the matter preceding 

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1 tape’’ and inserting ‘‘recorded’’; 

2 and 

3 (bb) in subclause (IV), by 

4 striking ‘‘videotape’’ and inserting 

5 ‘‘recording’’; and 

6 (III) in clause (v)— 

7 (aa) in the heading, by strik8 ing ‘‘VIDEOTAPE’’ and inserting 

9 ‘‘VIDEO RECORDING’’; 

10 (bb) in the first sentence, by 

11 striking ‘‘made and preserved on 

12 video tape’’ and inserting ‘‘re13 corded and preserved’’; and 

14 (cc) in the second sentence, 

15 by striking ‘‘videotape’’ and in16 serting ‘‘video recording’’; 

17 (iv) in subparagraph (C), by striking 

18 ‘‘child’s videotaped’’ and inserting ‘‘video 

19 recording of the child’s’’; 

20 (v) in subparagraph (D)— 

21 (I) by striking ‘‘videotaping’’ and 

22 inserting ‘‘deposition’’; and 

23 (II) by striking ‘‘videotaped’’ and 

24 inserting ‘‘recorded’’; 


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1 (vi) in subparagraph (E), by striking 

2 ‘‘videotaped’’ and inserting ‘‘recorded’’; and 

3 (vii) in subparagraph (F), by striking 

4 ‘‘videotape’’ each place the term appears 

5 and inserting ‘‘video recording’’; 

6 (3) in subsection (d)— 

7 (A) in paragraph (1)(A)— 

8 (i) in clause (i), by striking ‘‘the name 

9 of or any other information concerning a 

10 child’’ and inserting ‘‘a covered person’s 

11 protected information’’; and 

12 (ii) in clause (ii)— 

13 (I) by striking ‘‘documents de14 scribed in clause (i) or the information 

15 in them that concerns a child’’ and in16 serting ‘‘a covered person’s protected 

17 information’’; and 

18 (II) by striking ‘‘, have reason to 

19 know such information’’ and inserting 

20 ‘‘(including witnesses or potential wit21 nesses), have reason to know each item 

22 of protected information to be dis23 closed’’; 

24 (B) in paragraph (2)— 


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1 (i) by striking ‘‘the name of or any 

2 other information concerning a child’’ each 

3 place the term appears and inserting ‘‘a 

4 covered person’s protected information’’; 

5 (ii) by redesignating subparagraphs 

6 (A) and (B) as clauses (i) and (ii), respec7 tively, and adjusting the margins accord8 ingly; 

9 (iii) by striking ‘‘All papers’’ and in10 serting the following: 

11 ‘‘(A) IN GENERAL.—All papers’’; and 

12 (iv) by adding at the end the following: 

13 ‘‘(B) ENFORCEMENT OF VIOLATIONS.—The 

14 court may address a violation of subparagraph 

15 (A) in the same manner as disobedience or re16 sistance to a lawful court order under section 

17 401(3).’’; 

18 (C) in paragraph (3)— 

19 (i) in subparagraph (A)— 

20 (I) by striking ‘‘a child from pub21 lic disclosure of the name of or any 

22 other information concerning the 

23 child’’ and inserting ‘‘a covered per24 son’s protected information from public 

25 disclosure’’; and 


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1 (II) by striking ‘‘, if the court de2 termines that there is a significant 

3 possibility that such disclosure would 

4 be detrimental to the child’’; 

5 (ii) in subparagraph (B)— 

6 (I) in clause (i)— 

7 (aa) by striking ‘‘a child wit8 ness, and the testimony of any 

9 other witness’’ and inserting ‘‘any 

10 witness’’; and 

11 (bb) by striking ‘‘the name of 

12 or any other information con13 cerning a child’’ and inserting ‘‘a 

14 covered person’s protected infor15 mation’’; and 

16 (II) in clause (ii), by striking 

17 ‘‘child’’ and inserting ‘‘covered per18 son’’; and 

19 (iii) by adding at the end the fol20 lowing: 

21 ‘‘(C)(i) For purposes of this paragraph, there 

22 shall be a presumption that public disclosure of a cov23 ered person’s protected information would be detri24 mental to the covered person. 


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1 ‘‘(ii) The court shall deny a motion for a protec2 tive order under subparagraph (A) only if the court 

3 finds that the party opposing the motion has rebutted 

4 the presumption under clause (i) of this subpara5 graph.’’; 

6 (D) in paragraph (4)— 

7 (i) by striking ‘‘This subsection’’ and 

8 inserting the following: 

9 ‘‘(A) DISCLOSURE TO CERTAIN PARTIES.— 

10 This subsection’’; 

11 (ii) in subparagraph (A), as so des12 ignated— 

13 (I) by striking ‘‘the name of or 

14 other information concerning a child’’ 

15 and inserting ‘‘a covered person’s pro16 tected information’’; and 

17 (II) by striking ‘‘or an adult at18 tendant, or to’’ and inserting ‘‘an 

19 adult attendant, a law enforcement 

20 agency for any intelligence or inves21 tigative purpose, or’’; and 

22 (iii) by adding at the end the fol23 lowing: 

24 ‘‘(B) REQUEST FOR PUBLIC DISCLOSURE.— 

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1 ered person’s protected information to further a 

2 public interest, the court shall deny the request 

3 unless the court finds that— 

4 ‘‘(i) the party seeking disclosure has es5 tablished that there is a compelling public 

6 interest in publicly disclosing the covered 

7 person’s protected information; 

8 ‘‘(ii) there is a substantial probability 

9 that the public interest would be harmed if 

10 the covered person’s protected information is 

11 not disclosed; 

12 ‘‘(iii) the substantial probability of 

13 harm to the public interest outweighs the 

14 harm to the covered person from public dis15 closure of the covered person’s protected in16 formation; and 

17 ‘‘(iv) there is no alternative to public 

18 disclosure of the covered person’s protected 

19 information that would adequately protect 

20 the public interest.’’; and 

21 (E) by adding at the end the following: 

22 ‘‘(5) OTHER PROTECTED INFORMATION.—The 

23 court may order that information shall be considered 

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1 ciently personal, sensitive, or identifying that it 

2 should be subject to the protections and presumptions 

3 under this subsection.’’; 

4 (4) by striking subsection (f) and inserting the 

5 following: 

6 ‘‘(f) VICTIM IMPACT STATEMENT.— 

7 ‘‘(1) PROBATION OFFICER.—In preparing the 

8 presentence report pursuant to rule 32(c) of the Fed9 eral Rules of Criminal Procedure, the probation offi10 cer shall request information from the multidisci11 plinary child abuse team, if applicable, or other ap12 propriate sources to determine the impact of the of13 fense on a child victim and any other children who 

14 may have been affected by the offense. 

15 ‘‘(2) GUARDIAN AD LITEM.—A guardian ad 

16 litem appointed under subsection (h) shall— 

17 ‘‘(A) make every effort to obtain and report 

18 information that accurately expresses the views 

19 of a child victim, and the views of family mem20 bers as appropriate, concerning the impact of the 

21 offense; and 

22 ‘‘(B) use forms that permit a child victim 

23 to express the child’s views concerning the per24 sonal consequences of the offense, at a level and 


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1 in a form of communication commensurate with 

2 the child’s age and ability.’’; 

3 (5) in subsection (h), by adding at the end the 

4 following: 

5 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

6 ‘‘(A) IN GENERAL.—There is authorized to 

7 be appropriated to the United States courts to 

8 carry out this subsection $25,000,000 for each 

9 fiscal year. 

10 ‘‘(B) SUPERVISION OF PAYMENTS.—Pay11 ments from appropriations authorized under 

12 subparagraph (A) shall be made under the super13 vision of the Director of the Administrative Of14 fice of the United States Courts.’’; 

15 (6) in subsection (i)— 

16 (A) by striking ‘‘A child testifying at or at17 tending a judicial proceeding’’ and inserting the 

18 following: 

19 ‘‘(1) IN GENERAL.—A child testifying at a judi20 cial proceeding, including in a manner described in 

21 subsection (b),’’; 

22 (B) in paragraph (1), as so designated— 

23 (i) in the third sentence, by striking 

24 ‘‘proceeding’’ and inserting ‘‘testimony’’; 

25 and 


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1 (ii) by striking the fifth sentence; and 

2 (C) by adding at the end the following: 

3 ‘‘(2) RECORDING.—If the adult attendant is in 

4 close physical proximity to or in contact with the 

5 child while the child testifies— 

6 ‘‘(A) at a judicial proceeding, a video re7 cording of the adult attendant shall be made and 

8 shall become part of the court record; or 

9 ‘‘(B) in a manner described in subsection 

10 (b), the adult attendant shall be visible on the 

11 closed-circuit television or in the recorded deposi12 tion. 

13 ‘‘(3) COVERED PERSONS ATTENDING PRO14 CEEDING.—A covered person shall have the right to be 

15 accompanied by an adult attendant when attending 

16 any judicial proceeding.’’; 

17 (7) in subsection (j)— 

18 (A) by striking ‘‘child’’ each place the term 

19 appears and inserting ‘‘covered person’’; and 

20 (B) in the fourth sentence— 

21 (i) by striking ‘‘and the potential’’ and 

22 inserting ‘‘, the potential’’; 

23 (ii) by striking ‘‘child’s’’ and inserting 

24 ‘‘covered person’s’’; and 


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1 (iii) by inserting before the period at 

2 the end the following: ‘‘, and the necessity of 

3 the continuance to protect the defendant’s 

4 rights’’; 

5 (8) in subsection (k), by striking ‘‘child’’ each 

6 place the term appears and inserting ‘‘covered per7 son’’; and 

8 (9) in subsection (l), by striking ‘‘child’’ each 

9 place the term appears and inserting ‘‘covered per10 son’’. 

11 (b) EFFECTIVE DATE.—The amendments made by this 

12 section shall apply to conduct that occurs before, on, or after 

13 the date of enactment of this Act. 

14 SEC. 3. FACILITATING PAYMENT OF RESTITUTION; TECH15 NICAL AMENDMENTS TO RESTITUTION STAT16 UTES. 

17 Title 18, United States Code, is amended— 

18 (1) in section 1593(c)— 

19 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; 

20 (B) by striking ‘‘chapter, including, in’’ 

21 and inserting the following: ‘‘chapter. 

22 ‘‘(2) In’’; and 

23 (C) in paragraph (2), as so designated, by 

24 inserting ‘‘may assume the rights of the victim 

25 under this section’’ after ‘‘suitable by the court’’; 


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1 (2) in section 2248(c)— 

2 (A) by striking ‘‘For purposes’’ and insert3 ing the following: 

4 ‘‘(1) IN GENERAL.—For purposes’’; 

5 (B) by striking ‘‘chapter, including, in’’ 

6 and inserting the following: ‘‘chapter. 

7 ‘‘(2) ASSUMPTION OF CRIME VICTIM’S RIGHTS.— 

8 In’’; and 

9 (C) in paragraph (2), as so designated, by 

10 inserting ‘‘may assume the rights of the victim 

11 under this section’’ after ‘‘suitable by the court’’; 

12 (3) in section 2259— 

13 (A) in subsection (b)— 

14 (i) in paragraph (1), by striking ‘‘DI15 RECTIONS.—Except as provided in para16 graph (2), the’’ and inserting ‘‘RESTITU17 TION FOR CHILD PORNOGRAPHY PRODUC18 TION.—If the defendant was convicted of 

19 child pornography production, the’’; and 

20 (ii) in paragraph (2)(B), by striking 

21 ‘‘$3,000.’’ and inserting the following: ‘‘— 

22 ‘‘(i) $3,000; or 

23 ‘‘(ii) 10 percent of the full amount of 

24 the victim’s losses, if the full amount of the 

25 victim’s losses is less than $3,000.’’; and 


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1 (B) in subsection (c)— 

2 (i) by striking paragraph (1) and in3 serting the following: 

4 ‘‘(1) CHILD PORNOGRAPHY PRODUCTION.—For 

5 purposes of this section and section 2259A, the term 

6 ‘child pornography production’ means— 

7 ‘‘(A) a violation of subsection (a), (b), or (c) 

8 of section 2251, or an attempt or conspiracy to 

9 violate any of those subsections under subsection 

10 (e) of that section; 

11 ‘‘(B) a violation of section 2251A; 

12 ‘‘(C) a violation of section 2252(a)(4) or 

13 2252A(a)(5), or an attempt or conspiracy to vio14 late either of those sections under section 

15 2252(b)(2) or 2252A(b)(2), to the extent such 

16 conduct involves child pornography— 

17 ‘‘(i) produced by the defendant; or 

18 ‘‘(ii) that the defendant attempted or 

19 conspired to produce; 

20 ‘‘(D) a violation of section 2252A(g) if the 

21 series of felony violations involves not fewer than 

22 1 violation— 

23 ‘‘(i) described in subparagraph (A), 

24 (B), (E), or (F) of this paragraph; 

25 ‘‘(ii) of section 1591; or 


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1 ‘‘(iii) of section 1201, chapter 109A, or 

2 chapter 117, if the victim is a minor; 

3 ‘‘(E) a violation of subsection (a) of section 

4 2260, or an attempt or conspiracy to violate that 

5 subsection under subsection (c)(1) of that section; 

6 ‘‘(F) a violation of section 2260B(a)(2) for 

7 promoting or facilitating an offense— 

8 ‘‘(i) described in subparagraph (A), 

9 (B), (D), or (E) of this paragraph; or 

10 ‘‘(ii) under section 2422(b); and 

11 ‘‘(G) a violation of chapter 109A or chapter 

12 117, if the offense involves the production or at13 tempted production of, or conspiracy to produce, 

14 child pornography.’’; and 

15 (ii) by striking paragraph (3) and in16 serting the following: 

17 ‘‘(3) TRAFFICKING IN CHILD PORNOGRAPHY.— 

18 For purposes of this section and section 2259A, the 

19 term ‘trafficking in child pornography’ means— 

20 ‘‘(A) a violation of subsection (d) of section 

21 2251 or an attempt or conspiracy to violate that 

22 subsection under subsection (e) of that section; 

23 ‘‘(B) a violation of paragraph (1), (2), or 

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1 tempt or conspiracy to violate any of those para2 graphs under subsection (b)(1) of that section; 

3 ‘‘(C) a violation of section 2252(a)(4) or 

4 2252A(a)(5), or an attempt or conspiracy to vio5 late either of those sections under section 

6 2252(b)(2) or 2252A(b)(2), to the extent such 

7 conduct involves child pornography— 

8 ‘‘(i) not produced by the defendant; or 

9 ‘‘(ii) that the defendant did not at10 tempt or conspire to produce; 

11 ‘‘(D) a violation of paragraph (1), (2), (3), 

12 (4), or (6) of subsection (a) of section 2252A, or 

13 an attempt or conspiracy to violate any of those 

14 paragraphs under subsection (b)(1) of that sec15 tion; 

16 ‘‘(E) a violation of subsection (a)(7) of sec17 tion 2252A, or an attempt or conspiracy to vio18 late that subsection under subsection (b)(3) of 

19 that section; 

20 ‘‘(F) a violation of section 2252A(g) if the 

21 series of felony violations exclusively involves 

22 violations described in this paragraph; 

23 ‘‘(G) a violation of subsection (b) of section 

24 2260, or an attempt or conspiracy to violate that 


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1 subsection under subsection (c)(2) of that section; 

2 and 

3 ‘‘(H) a violation of subsection (a)(1) of sec4 tion 2260B, or a violation of subsection (a)(2) of 

5 that section for promoting or facilitating an of6 fense described in this paragraph.’’; 

7 (4) in section 2259A(a)— 

8 (A) in paragraph (1), by striking ‘‘under 

9 section 2252(a)(4) or 2252A(a)(5)’’ and inserting 

10 ‘‘described in section 2259(c)(3)(C)’’; and 

11 (B) in paragraph (2), by striking ‘‘any 

12 other offense for trafficking in child pornog13 raphy’’ and inserting ‘‘any offense for trafficking 

14 in child pornography other than an offense de15 scribed in section 2259(c)(3)(C)’’; 

16 (5) in section 2429— 

17 (A) in subsection (b)(3), by striking 

18 ‘‘2259(b)(3)’’ and inserting ‘‘2259(c)(2)’’; and 

19 (B) in subsection (d)— 

20 (i) by inserting ‘‘(1)’’ after ‘‘(d)’’; 

21 (ii) by striking ‘‘chapter, including, 

22 in’’ and inserting the following: ‘‘chapter. 

23 ‘‘(2) In’’; and 

24 (iii) in paragraph (2), as so des25 ignated, by inserting ‘‘may assume the 


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1 rights of the victim under this section’’ after 

2 ‘‘suitable by the court’’; and 

3 (6) in section 3664, by adding at the end the fol4 lowing: 

5 ‘‘(q) TRUSTEE OR OTHER FIDUCIARY.— 

6 ‘‘(1) IN GENERAL.— 

7 ‘‘(A) APPOINTMENT OF TRUSTEE OR OTHER

8 FIDUCIARY.—When the court issues an order of 

9 restitution under section 1593, 2248, 2259, 2429, 

10 or 3663, or subparagraphs (A)(i) and (B) of sec11 tion 3663A(c)(1), for a victim described in sub12 paragraph (B) of this paragraph, the court, at 

13 its own discretion or upon motion by the Gov14 ernment, may appoint a trustee or other fidu15 ciary to hold any amount paid for restitution in 

16 a trust or other official account for the benefit of 

17 the victim. 

18 ‘‘(B) COVERED VICTIMS.—A victim referred 

19 to in subparagraph (A) is a victim who is— 

20 ‘‘(i) under the age of 18 at the time of 

21 the proceeding; 

22 ‘‘(ii) incompetent or incapacitated; or 

23 ‘‘(iii) subject to paragraph (3), a for24 eign citizen or stateless person residing out25 side the United States. 


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1 ‘‘(2) ORDER.—When the court appoints a trustee 

2 or other fiduciary under paragraph (1), the court 

3 shall issue an order specifying— 

4 ‘‘(A) the duties of the trustee or other fidu5 ciary, which shall require— 

6 ‘‘(i) the administration of the trust or 

7 maintaining an official account in the best 

8 interests of the victim; and 

9 ‘‘(ii) disbursing payments from the 

10 trust or account— 

11 ‘‘(I) to the victim; or 

12 ‘‘(II) to any individual or entity 

13 on behalf of the victim; 

14 ‘‘(B) that the trustee or other fiduciary— 

15 ‘‘(i) shall avoid any conflict of interest; 

16 ‘‘(ii) may not profit from the adminis17 tration of the trust or maintaining an offi18 cial account for the benefit of the victim 

19 other than as specified in the order; and 

20 ‘‘(iii) may not delegate administration 

21 of the trust or maintaining the official ac22 count to any other person; 

23 ‘‘(C) if and when the trust or the duties of 

24 the other fiduciary will expire; and 


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1 ‘‘(D) the fees payable to the trustee or other 

2 fiduciary to cover expenses of administering the 

3 trust or maintaining the official account for the 

4 benefit of the victim, and the schedule for pay5 ment of those fees. 

6 ‘‘(3) FACT-FINDING REGARDING FOREIGN CITI7 ZENS AND STATELESS PERSON.—In the case of a vic8 tim who is a foreign citizen or stateless person resid9 ing outside the United States and is not under the 

10 age of 18 at the time of the proceeding or incompetent 

11 or incapacitated, the court may appoint a trustee or 

12 other fiduciary under paragraph (1) only if the court 

13 finds it necessary to— 

14 ‘‘(A) protect the safety or security of the vic15 tim; or 

16 ‘‘(B) provide a reliable means for the victim 

17 to access or benefit from the restitution pay18 ments. 

19 ‘‘(4) PAYMENT OF FEES.— 

20 ‘‘(A) IN GENERAL.—The court may, with 

21 respect to the fees of the trustee or other fidu22 ciary— 

23 ‘‘(i) pay the fees in whole or in part; 

24 or 


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1 ‘‘(ii) order the defendant to pay the 

2 fees in whole or in part. 

3 ‘‘(B) APPLICABILITY OF OTHER PROVI4 SIONS.—With respect to a court order under sub5 paragraph (A)(ii) requiring a defendant to pay 

6 fees— 

7 ‘‘(i) subsection (f)(3) shall apply to the 

8 court order in the same manner as that sub9 section applies to a restitution order; 

10 ‘‘(ii) subchapter C of chapter 227 

11 (other than section 3571) shall apply to the 

12 court order in the same manner as that sub13 chapter applies to a sentence of a fine; and 

14 ‘‘(iii) subchapter B of chapter 229 

15 shall apply to the court order in the same 

16 manner as that subchapter applies to the 

17 implementation of a sentence of a fine. 

18 ‘‘(C) EFFECT ON OTHER PENALTIES.—Im19 position of payment under subparagraph (A)(ii) 

20 shall not relieve a defendant of, or entitle a de21 fendant to a reduction in the amount of, any 

22 special assessment, restitution, other fines, pen23 alties, or costs, or other payments required under 

24 the defendant’s sentence. 


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1 ‘‘(D) SCHEDULE.—Notwithstanding any 

2 other provision of law, if the court orders the de3 fendant to make any payment under subpara4 graph (A)(ii), the court may provide a payment 

5 schedule that is concurrent with the payment of 

6 any other financial obligation described in sub7 paragraph (C). 

8 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

9 ‘‘(A) IN GENERAL.—There is authorized to 

10 be appropriated to the United States courts to 

11 carry out this subsection $15,000,000 for each 

12 fiscal year. 

13 ‘‘(B) SUPERVISION OF PAYMENTS.—Pay14 ments from appropriations authorized under 

15 subparagraph (A) shall be made under the super16 vision of the Director of the Administrative Of17 fice of the United States Courts.’’. 

18 SEC. 4. CYBERTIPLINE IMPROVEMENTS, AND ACCOUNT19 ABILITY AND TRANSPARENCY BY THE TECH 

20 INDUSTRY. 

21 (a) IN GENERAL.—Chapter 110 of title 18, United 

22 States Code, is amended— 

23 (1) in section 2258A— 

24 (A) by striking subsections (a), (b), and (c) 

25 and inserting the following: 


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1 ‘‘(a) DUTY TO REPORT.— 

2 ‘‘(1) DUTY.—In order to reduce the proliferation 

3 of online child exploitation and to prevent the online 

4 sexual exploitation of children, as soon as reasonably 

5 possible after obtaining actual knowledge of any facts 

6 or circumstances described in paragraph (2) or any 

7 apparent child pornography on the provider’s service, 

8 and in any event not later than 60 days after obtain9 ing such knowledge, a provider shall submit to the 

10 CyberTipline of NCMEC, or any successor to the 

11 CyberTipline operated by NCMEC, a report con12 taining— 

13 ‘‘(A) the mailing address, telephone number, 

14 facsimile number, electronic mailing address of, 

15 and individual point of contact for, such pro16 vider; and 

17 ‘‘(B) information described in subsection (b) 

18 concerning such facts or circumstances or appar19 ent child pornography. 

20 ‘‘(2) FACTS OR CIRCUMSTANCES.—The facts or 

21 circumstances described in this paragraph are any 

22 facts or circumstances indicating an apparent, 

23 planned, or imminent violation of section 2251, 

24 2251A, 2252, 2252A, 2252B, or 2260. 


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1 ‘‘(3) PERMITTED ACTIONS BASED ON REASON2 ABLE BELIEF.—In order to reduce the proliferation of 

3 online child exploitation and to prevent the online 

4 sexual exploitation of children, if a provider has a 

5 reasonable belief that any facts or circumstances de6 scribed in paragraph (2) exist, the provider may sub7 mit to the CyberTipline of NCMEC, or any successor 

8 to the CyberTipline operated by NCMEC, a report de9 scribed in paragraph (1). 

10 ‘‘(b) CONTENTS OF REPORT.— 

11 ‘‘(1) IN GENERAL.—In an effort to prevent the 

12 future sexual victimization of children, and to the ex13 tent the information is within the custody or control 

14 of a provider, each report provided under paragraph 

15 (1) or (3) of subsection (a)— 

16 ‘‘(A) shall include, to the extent that it is 

17 applicable and reasonably available— 

18 ‘‘(i) identifying information regarding 

19 any individual who is the subject of the re20 port, including name, address, electronic 

21 mail address, user or account identification, 

22 Internet Protocol address, and uniform re23 source locator; 

24 ‘‘(ii) the terms of service in effect at the 

25 time of— 


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1 ‘‘(I) the apparent violation; or 

2 ‘‘(II) the detection of apparent 

3 child pornography or a planned or im4 minent violation; 

5 ‘‘(iii) a copy of any apparent child 

6 pornography that is the subject of the report 

7 that was identified in a publicly available 

8 location; 

9 ‘‘(iv) for each item of apparent child 

10 pornography included in the report under 

11 clause (iii) or paragraph (2)(C), informa12 tion indicating whether— 

13 ‘‘(I) the apparent child pornog14 raphy was publicly available; or 

15 ‘‘(II) the provider, in its sole dis16 cretion, viewed the apparent child por17 nography, or any copy thereof, at any 

18 point concurrent with or prior to the 

19 submission of the report; and 

20 ‘‘(v) for each item of apparent child 

21 pornography that is the subject of the re22 port, an indication as to whether the appar23 ent child pornography— 


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1 ‘‘(I) has previously been the sub2 ject of a report under paragraph (1) or 

3 (3) of subsection (a); or 

4 ‘‘(II) is the subject of multiple 

5 contemporaneous reports due to rapid 

6 and widespread distribution; and 

7 ‘‘(B) may, at the sole discretion of the pro8 vider, include the information described in para9 graph (2) of this subsection. 

10 ‘‘(2) OTHER INFORMATION.—The information re11 ferred to in paragraph (1)(B) is the following: 

12 ‘‘(A) HISTORICAL REFERENCE.—Informa13 tion relating to when and how a customer or 

14 subscriber of a provider uploaded, transmitted, 

15 or received content relating to the report or when 

16 and how content relating to the report was re17 ported to, or discovered by the provider, includ18 ing a date and time stamp and time zone. 

19 ‘‘(B) GEOGRAPHIC LOCATION INFORMA20 TION.—Information relating to the geographic 

21 location of the involved individual or website, 

22 which may include the Internet Protocol address 

23 or verified address, or, if not reasonably avail24 able, at least one form of geographic identifying 

25 information, including area code or zip code, 


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1 provided by the customer or subscriber, or stored 

2 or obtained by the provider. 

3 ‘‘(C) APPARENT CHILD PORNOGRAPHY.— 

4 Any apparent child pornography not described 

5 in paragraph (1)(A)(iii), or other content related 

6 to the subject of the report. 

7 ‘‘(D) COMPLETE COMMUNICATION.—The 

8 complete communication containing any appar9 ent child pornography or other content, includ10 ing— 

11 ‘‘(i) any data or information regard12 ing the transmission of the communication; 

13 and 

14 ‘‘(ii) any visual depictions, data, or 

15 other digital files contained in, or attached 

16 to, the communication. 

17 ‘‘(E) TECHNICAL IDENTIFIER.—An indus18 try-standard hash value or other similar indus19 try-standard technical identifier for any reported 

20 visual depiction as it existed on the provider’s 

21 service. 

22 ‘‘(F) DESCRIPTION.—For any item of ap23 parent child pornography that is the subject of 

24 the report, an indication of whether— 


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1 ‘‘(i) the depicted sexually explicit con2 duct involves— 

3 ‘‘(I) genital, oral, or anal sexual 

4 intercourse; 

5 ‘‘(II) bestiality; 

6 ‘‘(III) masturbation; 

7 ‘‘(IV) sadistic or masochistic 

8 abuse; or 

9 ‘‘(V) lascivious exhibition of the 

10 anus, genitals, or pubic area of any 

11 person; and 

12 ‘‘(ii) the depicted minor is— 

13 ‘‘(I) an infant or toddler; 

14 ‘‘(II) prepubescent; 

15 ‘‘(III) pubescent; 

16 ‘‘(IV) post-pubescent; or 

17 ‘‘(V) of an indeterminate age or 

18 developmental stage.’’; 

19 ‘‘(c) FORWARDING OF REPORT AND OTHER INFORMA20 TION TO LAW ENFORCEMENT.— 

21 ‘‘(1) IN GENERAL.—Pursuant to its clearing22 house role as a private, nonprofit organization, and 

23 at the conclusion of its review in furtherance of its 

24 nonprofit mission, NCMEC shall make available each 

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1 section (a) to one or more of the following law en2 forcement agencies: 

3 ‘‘(A) Any Federal law enforcement agency 

4 that is involved in the investigation of child sex5 ual exploitation, kidnapping, or enticement 

6 crimes. 

7 ‘‘(B) Any State or local law enforcement 

8 agency that is involved in the investigation of 

9 child sexual exploitation. 

10 ‘‘(C) A foreign law enforcement agency des11 ignated by the Attorney General under sub12 section (d)(3) or a foreign law enforcement agen13 cy that has an established relationship with the 

14 Federal Bureau of Investigation, Immigration 

15 and Customs Enforcement, or INTERPOL, and 

16 is involved in the investigation of child sexual 

17 exploitation, kidnapping, or enticement crimes. 

18 ‘‘(2) TECHNICAL IDENTIFIERS.—If a report sub19 mitted under paragraph (1) or (3) of subsection (a) 

20 contains an industry-standard hash value or other 

21 similar industry-standard technical identifier— 

22 ‘‘(A) NCMEC may compare that hash value 

23 or identifier with any database or repository of 

24 visual depictions owned or operated by NCMEC; 

25 and 


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1 ‘‘(B) if the comparison under subparagraph 

2 (A) results in a match, NCMEC may include the 

3 matching visual depiction from its database or 

4 repository when forwarding the report to an 

5 agency described in subparagraph (A) or (B) of 

6 paragraph (1).’’; 

7 (B) in subsection (d)— 

8 (i) in paragraph (2), by striking ‘‘sub9 section (c)(1)’’ and inserting ‘‘subsection 

10 (c)(1)(A)’’; and 

11 (ii) in paragraph (3)— 

12 (I) in subparagraph (A), by strik13 ing ‘‘subsection (c)(3)’’ and inserting 

14 ‘‘subsection (c)(1)(C)’’; and 

15 (II) in subparagraph (C), by 

16 striking ‘‘subsection (c)(3)’’ and insert17 ing ‘‘subsection (c)(1)(C)’’; 

18 (C) by striking subsection (e) and inserting 

19 the following: 

20 ‘‘(e) FAILURE TO COMPLY WITH REQUIREMENTS.— 

21 ‘‘(1) CRIMINAL PENALTY.— 

22 ‘‘(A) OFFENSE.—It shall be unlawful for a 

23 provider to knowingly— 


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1 ‘‘(i) fail to submit a report under sub2 section (a)(1) within the time period re3 quired by that subsection; or 

4 ‘‘(ii) fail to preserve material as re5 quired under subsection (h). 

6 ‘‘(B) PENALTY.— 

7 ‘‘(i) IN GENERAL.—A provider that 

8 violates subparagraph (A) shall be fined— 

9 ‘‘(I) in the case of an initial vio10 lation, not more than $150,000; and 

11 ‘‘(II) in the case of any second or 

12 subsequent violation, not more than 

13 $300,000. 

14 ‘‘(ii) HARM TO INDIVIDUALS.—The 

15 maximum fine under clause (i) shall be tri16 pled if an individual is harmed as a direct 

17 and proximate result of the applicable vio18 lation. 

19 ‘‘(2) CIVIL PENALTY.— 

20 ‘‘(A) VIOLATIONS RELATING TO

21 CYBERTIPLINE REPORTS AND MATERIAL PRESER22 VATION.—A provider shall be liable to the United 

23 States Government for a civil penalty in an 

24 amount of not less than $50,000 and not more 

25 than $100,000 if the provider knowingly— 


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1 ‘‘(i) fails to submit a report under sub2 section (a)(1) within the time period re3 quired by that subsection; 

4 ‘‘(ii) fails to preserve material as re5 quired under subsection (h); or 

6 ‘‘(iii) submits a report under para7 graph (1) or (3) of subsection (a) that— 

8 ‘‘(I) contains materially false or 

9 fraudulent information; or 

10 ‘‘(II) omits information described 

11 in subsection (b)(1)(A) that is reason12 ably available. 

13 ‘‘(B) ANNUAL REPORT VIOLATIONS.—A pro14 vider shall be liable to the United States Govern15 ment for a civil penalty in an amount of not less 

16 than $100,000 and not more than $1,000,000 if 

17 the provider knowingly— 

18 ‘‘(i) fails to submit an annual report 

19 as required under subsection (i); or 

20 ‘‘(ii) submits an annual report under 

21 subsection (i) that— 

22 ‘‘(I) contains a materially false, 

23 fraudulent, or misleading statement; or 


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1 ‘‘(II) omits information described 

2 in subsection (i)(1) that is reasonably 

3 available. 

4 ‘‘(C) HARM TO INDIVIDUALS.—The amount 

5 of a civil penalty under subparagraph (A) or (B) 

6 shall be tripled if an individual is harmed as a 

7 direct and proximate result of the applicable vio8 lation. 

9 ‘‘(D) COSTS OF CIVIL ACTIONS.—A provider 

10 that commits a violation described in subpara11 graph (A) or (B) shall be liable to the United 

12 States Government for the costs of a civil action 

13 brought to recover a civil penalty under that sub14 paragraph. 

15 ‘‘(E) ENFORCEMENT.—This paragraph 

16 shall be enforced in accordance with sections 

17 3731, 3732, and 3733 of title 31, except that a 

18 civil action to recover a civil penalty under sub19 paragraph (A) or (B) of this paragraph may 

20 only be brought by the United States Govern21 ment. 

22 ‘‘(3) DEPOSIT OF FINES AND PENALTIES.—Not23 withstanding any other provision of law, any crimi24 nal fine or civil penalty collected under this subVerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6203 E:\BILLS\S1199.RS S1199

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1 section shall be deposited into the Child Pornography 

2 Victims Reserve as provided in section 2259B.’’; 

3 (D) in subsection (f), by striking paragraph 

4 (3) and inserting the following: 

5 ‘‘(3) affirmatively search, screen, or scan for— 

6 ‘‘(A) facts or circumstances described in 

7 subsection (a)(2); 

8 ‘‘(B) information described in subsection 

9 (b)(2); or 

10 ‘‘(C) any apparent child pornography.’’; 

11 (E) in subsection (g)— 

12 (i) in paragraph (2)(A)— 

13 (I) in clause (iii), by inserting 

14 ‘‘or personnel at a children’s advocacy 

15 center’’ after ‘‘State)’’; and 

16 (II) in clause (iv), by striking 

17 ‘‘State or subdivision of a State’’ and 

18 inserting ‘‘State, subdivision of a 

19 State, or children’s advocacy center’’; 

20 (ii) in paragraph (3), in the matter 

21 preceding subparagraph (A), by inserting 

22 ‘‘paragraph (1) or (3) of’’ before ‘‘subsection 

23 (a)’’; and 


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1 (iii) in paragraph (4), by striking 

2 ‘‘subsection (a)(1)’’ and inserting ‘‘para3 graph (1) or (3) of subsection (a)’’; 

4 (F) in subsection (h)— 

5 (i) in paragraph (1), by striking ‘‘sub6 section (a)(1)’’ and inserting ‘‘paragraph 

7 (1) or (3) of subsection (a)’’; and 

8 (ii) by adding at the end the following: 

9 ‘‘(5) RELATION TO REPORTING REQUIREMENT.— 

10 Submission of a report as described in paragraph (1) 

11 or (3) of subsection (a) does not satisfy the obligations 

12 under this subsection.’’; and 

13 (G) by adding at the end the following: 

14 ‘‘(i) ANNUAL REPORT.— 

15 ‘‘(1) IN GENERAL.—Not later than March 31 of 

16 the second year beginning after the date of enactment 

17 of the STOP CSAM Act of 2023, and of each year 

18 thereafter, a provider that had more than 1,000,000 

19 unique monthly visitors or users during each month 

20 of the preceding year and accrued revenue of more 

21 than $50,000,000 during the preceding year shall sub22 mit to the Attorney General and the Chair of the Fed23 eral Trade Commission a report, disaggregated by 

24 subsidiary, that provides the following information 


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1 for the preceding year to the extent such information 

2 is applicable and reasonably available: 

3 ‘‘(A) CYBERTIPLINE DATA.— 

4 ‘‘(i) The total number of reports that 

5 the provider submitted under paragraph (1) 

6 or (3) of subsection (a). 

7 ‘‘(ii) Which items of information de8 scribed in subsection (b)(2) are routinely 

9 included in the reports submitted by the 

10 provider under paragraph (1) or (3) of sub11 section (a). 

12 ‘‘(B) REPORT AND REMOVE DATA.—With 

13 respect to section 6 of the STOP CSAM Act of 

14 2023— 

15 ‘‘(i) a description of the provider’s des16 ignated reporting system; 

17 ‘‘(ii) the number of complete notifica18 tions received; 

19 ‘‘(iii) the number of proscribed visual 

20 depictions involving a minor that were re21 moved; and 

22 ‘‘(iv) the total amount of any fine or23 dered and paid. 

24 ‘‘(C) OTHER REPORTING TO THE PRO25 VIDER.— 


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1 ‘‘(i) The measures the provider has in 

2 place to receive other reports concerning 

3 child sexual exploitation and abuse using 

4 the provider’s product or on the provider’s 

5 service. 

6 ‘‘(ii) The average time for responding 

7 to reports described in clause (i). 

8 ‘‘(iii) The number of reports described 

9 in clause (i) that the provider received. 

10 ‘‘(iv) A summary description of the ac11 tions taken upon receipt of the reports de12 scribed in clause (i). 

13 ‘‘(D) POLICIES.— 

14 ‘‘(i) A description of the policies of the 

15 provider with respect to the commission of 

16 child sexual exploitation and abuse using 

17 the provider’s product or on the provider’s 

18 service, including how child sexual exploi19 tation and abuse is defined. 

20 ‘‘(ii) A description of possible con21 sequences for violations of the policies de22 scribed in clause (i). 

23 ‘‘(iii) The methods of informing users 

24 of the policies described in clause (i). 


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1 ‘‘(iv) The process for adjudicating po2 tential violations of the policies described in 

3 clause (i). 

4 ‘‘(E) CULTURE OF SAFETY.— 

5 ‘‘(i) The measures and technologies 

6 that the provider deploys to protect children 

7 from sexual exploitation and abuse using 

8 the provider’s product or service. 

9 ‘‘(ii) The measures and technologies 

10 that the provider deploys to prevent the use 

11 of the provider’s product or service by indi12 viduals seeking to commit child sexual ex13 ploitation and abuse. 

14 ‘‘(iii) Factors that interfere with the 

15 provider’s ability to detect or evaluate in16 stances of child sexual exploitation and 

17 abuse. 

18 ‘‘(iv) An assessment of the efficacy of 

19 the measures and technologies described in 

20 clauses (i) and (ii) and the impact of the 

21 factors described in clause (iii). 

22 ‘‘(F) SAFETY BY DESIGN.—The measures 

23 that the provider takes before launching a new 

24 product or service to assess— 


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1 ‘‘(i) the safety risks for children with 

2 respect to sexual exploitation and abuse; 

3 and 

4 ‘‘(ii) whether and how individuals 

5 could use the new product or service to com6 mit child sexual exploitation and abuse. 

7 ‘‘(G) TRENDS AND PATTERNS.—Any infor8 mation concerning emerging trends and chang9 ing patterns with respect to the commission of 

10 online child sexual exploitation and abuse. 

11 ‘‘(2) AVOIDING DUPLICATION.—Notwithstanding 

12 the requirement under the matter preceding para13 graph (1) that information be submitted annually, in 

14 the case of any report submitted under that para15 graph after the initial report, a provider shall submit 

16 information described in subparagraphs (D) through 

17 (G) of that paragraph not less frequently than once 

18 every 3 years or when new information is available, 

19 whichever is more frequent. 

20 ‘‘(3) LIMITATION.—Nothing in paragraph (1) 

21 shall require the disclosure of trade secrets or other 

22 proprietary information. 

23 ‘‘(4) PUBLICATION.— 

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graph (B), the Attorney General and the Chair 


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1 of the Federal Trade Commission shall publish 

2 the reports received under this subsection. 

3 ‘‘(B) REDACTION.— 

4 ‘‘(i) IN GENERAL.—The Attorney Gen5 eral and Chair of the Federal Trade Com6 mission shall redact from a report published 

7 under subparagraph (A) any information 

8 as necessary to avoid— 

9 ‘‘(I) undermining the efficacy of a 

10 safety measure described in the report; 

11 or 

12 ‘‘(II) revealing how a product or 

13 service of a provider may be used to 

14 commit online child sexual exploitation 

15 and abuse. 

16 ‘‘(ii) ADDITIONAL REDACTION.— 

17 ‘‘(I) REQUEST.—In addition to 

18 information redacted under clause (i), 

19 a provider may request the redaction, 

20 from a report published under sub21 paragraph (A), of any information 

22 that is law enforcement sensitive or 

23 otherwise not suitable for public dis24 tribution. 


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1 ‘‘(II) AGENCY DISCRETION.—The 

2 Attorney General and Chair of the 

3 Federal Trade Commission— 

4 ‘‘(aa) shall consider a request 

5 made under subclause (I); and 

6 ‘‘(bb) may, in their discre7 tion, redact from a report pub8 lished under subparagraph (A) 

9 any information that is law en10 forcement sensitive or otherwise 

11 not suitable for public distribu12 tion, whether or not requested.’’; 

13 (2) in section 2258B— 

14 (A) in subsection (a)— 

15 (i) by striking ‘‘may not be brought in 

16 any Federal or State court’’; and 

17 (ii) by striking ‘‘Except as provided in 

18 subsection (b), a civil claim or criminal 

19 charge’’ and inserting the following: 

20 ‘‘(1) LIMITED LIABILITY.—Except as provided in 

21 subsection (b), a civil claim or criminal charge de22 scribed in paragraph (2) may not be brought in any 

23 Federal or State court. 


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1 ‘‘(2) COVERED CLAIMS AND CHARGES.—A civil 

2 claim or criminal charge referred to in paragraph (1) 

3 is a civil claim or criminal charge’’; and 

4 (B) in subsection (b)(1), by inserting ‘‘or 

5 knowingly failed to comply with a requirement 

6 under section 2258A’’ after ‘‘misconduct’’; 

7 (3) in section 2258C— 

8 (A) in subsection (a)(1), by inserting ‘‘use 

9 of the provider’s products or services to commit’’ 

10 after ‘‘stop the’’; 

11 (B) in subsection (b)— 

12 (i) by striking ‘‘Any provider’’ and in13 serting the following: 

14 ‘‘(1) IN GENERAL.—Any provider’’; 

15 (ii) in paragraph (1), as so designated, 

16 by striking ‘‘receives’’ and inserting ‘‘, in 

17 its sole discretion, obtains’’; and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(2) LIMITATION ON SHARING WITH OTHER EN21 TITIES.—A provider that obtains elements under sub22 section (a)(1) may not distribute those elements, or 

23 make those elements available, to any other entity, ex24 cept for the sole and exclusive purpose of stopping the 

25 online sexual exploitation of children.’’; and 


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1 (C) in subsection (c)— 

2 (i) by striking ‘‘subsections’’ and in3 serting ‘‘subsection’’; 

4 (ii) by striking ‘‘providers receiving’’ 

5 and inserting ‘‘a provider to obtain’’; 

6 (iii) by inserting ‘‘, or’’ after 

7 ‘‘NCMEC’’; and 

8 (iv) by inserting ‘‘use of the provider’s 

9 products or services to commit’’ after ‘‘stop 

10 the’’; 

11 (4) in section 2258E— 

12 (A) in paragraph (6), by striking ‘‘elec13 tronic communication service provider’’ and in14 serting ‘‘electronic communication service’’; 

15 (B) in paragraph (7), by striking ‘‘and’’ at 

16 the end; 

17 (C) in paragraph (8), by striking the period 

18 at the end and inserting ‘‘; and’’; and 

19 (D) by adding at the end the following: 

20 ‘‘(9) the term ‘publicly available’, with respect to 

21 a visual depiction on a provider’s service, means the 

22 visual depiction can be viewed by or is accessible to 

23 all users of the service, regardless of the steps, if any, 

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1 cess to the service in order to access or view the visual 

2 depiction.’’; 

3 (5) in section 2259B(a), by inserting ‘‘, any fine 

4 or penalty collected under section 2258A(e) or sub5 paragraph (A) of section 6(g)(24) of the STOP CSAM 

6 Act of 2023 (except as provided in clauses (i) and 

7 (ii)(I) of subparagraph (B) of such section 6(g)(24)),’’ 

8 after ‘‘2259A’’; and 

9 (6) by adding at the end the following: 

10 ‘‘§ 2260B. Liability for certain child exploitation of11 fenses 

12 ‘‘(a) OFFENSE.—It shall be unlawful for a provider 

13 of an interactive computer service, as that term is defined 

14 in section 230 of the Communications Act of 1934 (47 

15 U.S.C. 230), that operates through the use of any facility 

16 or means of interstate or foreign commerce or in or affecting 

17 interstate or foreign commerce, through such service to 

18 knowingly— 

19 ‘‘(1) host or store child pornography or make 

20 child pornography available to any person; or 

21 ‘‘(2) otherwise knowingly promote or facilitate a 

22 violation of section 2251, 2251A, 2252, 2252A, or 

23 2422(b). 

24 ‘‘(b) PENALTY.—A provider of an interactive computer 

25 service that violates subsection (a)— 


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1 ‘‘(1) subject to paragraph (2), shall be fined not 

2 more than $1,000,000; and 

3 ‘‘(2) if the offense involves a conscious or reckless 

4 risk of serious personal injury or an individual is 

5 harmed as a direct and proximate result of the viola6 tion, shall be fined not more than $5,000,000. 

7 ‘‘(c) RULES OF CONSTRUCTION.— 

8 ‘‘(1) APPLICABILITY TO LEGAL PROCESS.—Noth9 ing in this section shall be construed to apply to any 

10 action by a provider of an interactive computer serv11 ice that is necessary to comply with a valid court 

12 order, subpoena, search warrant, statutory obligation, 

13 or preservation request from law enforcement. 

14 ‘‘(2) KNOWLEDGE WITH RESPECT TO EACH ITEM

15 REQUIRED.—For purposes of subsection (a)(1), the 

16 term ‘knowingly’ shall be construed to mean knowl17 edge of each item of child pornography that the pro18 vider hosted, stored, or made available. 

19 ‘‘(d) DEFENSE.—In a prosecution under subsection 

20 (a)(1), it shall be a defense, which the provider must estab21 lish by a preponderance of the evidence, that— 

22 ‘‘(1) the provider disabled access to or removed 

23 the child pornography as soon as possible, and in any 

24 event not later than 48 hours after obtaining knowl25 edge that the child pornography was being hosted, 


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1 stored, or made available by the provider (or, in the 

2 case of a provider that, for the most recent calendar 

3 year, averaged fewer than 10,000,000 active users on 

4 a monthly basis in the United States, as soon as pos5 sible, and in any event not later than 2 business days 

6 after obtaining such knowledge); or 

7 ‘‘(2) the provider— 

8 ‘‘(A) exercised its best effort to disable access 

9 to or remove the child pornography but was un10 able to do so for reasons outside the provider’s 

11 control; and 

12 ‘‘(B) determined it is technologically impos13 sible for the provider to disable access to or re14 move the child pornography.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections for 

16 chapter 110 of title 18, United States Code, is amended by 

17 adding at the end the following: 

‘‘2260B. Liability for certain child exploitation offenses.’’. 

18 SEC. 5. EXPANDING CIVIL REMEDIES FOR VICTIMS OF ON19 LINE CHILD SEXUAL EXPLOITATION. 

20 Section 2255 of title 18, United States Code, is amend21 ed— 

22 (1) in subsection (a)— 

23 (A) by striking ‘‘a violation of section 1589, 

24 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 

25 2252, 2252A, 2260, 2421, 2422, or 2423 of this 


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1 title’’ and inserting ‘‘a child exploitation viola2 tion or conduct relating to child exploitation’’; 

3 (B) by inserting ‘‘or conduct’’ after ‘‘as a 

4 result of such violation’’; and 

5 (C) by striking ‘‘sue in any’’ and inserting 

6 ‘‘bring a civil action in the’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(d) DEFINITIONS.—In this section— 

9 ‘‘(1) the term ‘child exploitation violation’ means 

10 a violation of section 1589, 1590, 1591, 1594(a) (in11 volving a violation of section 1589, 1590, or 1591), 

12 1594(b) (involving a violation of section 1589 or 

13 1590), 1594(c), 2241, 2242, 2243, 2251, 2251A, 2252, 

14 2252A, 2260, 2421, 2422, or 2423 of this title; 

15 ‘‘(2) the term ‘conduct relating to child exploi16 tation’ means— 

17 ‘‘(A) with respect to a provider of an inter18 active computer service or a software distribu19 tion service operating through the use of any 

20 means or facility of interstate or foreign com21 merce, or in or affecting interstate or foreign 

22 commerce, the intentional, knowing, or reckless 

23 promotion or facilitation of a violation of section 

24 1591, 1594(c), 2251, 2251A, 2252, 2252A, or 

25 2422(b) of this title; and 


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1 ‘‘(B) with respect to a provider of an inter2 active computer service operating through the use 

3 of any means or facility of interstate or foreign 

4 commerce, or in or affecting interstate or foreign 

5 commerce, the intentional, knowing, or reckless 

6 hosting or storing of child pornography or mak7 ing child pornography available to any person; 

8 ‘‘(3) the term ‘interactive computer service’ has 

9 the meaning given that term in section 230(f) of the 

10 Communications Act of 1934 (47 U.S.C. 230(f)); and 

11 ‘‘(4) the term ‘software distribution service’ 

12 means an online service, whether or not operated for 

13 pecuniary gain, from which individuals can pur14 chase, obtain, or download software that— 

15 ‘‘(A) can be used by an individual to com16 municate with another individual, by any 

17 means, to store, access, distribute, or receive any 

18 visual depiction, or to transmit any live visual 

19 depiction; and 

20 ‘‘(B) was not developed by the online serv21 ice. 

22 ‘‘(e) RELATION TO SECTION 230 OF THE COMMUNICA23 TIONS ACT OF 1934.—Nothing in section 230 of the Com24 munications Act of 1934 (47 U.S.C. 230) shall be construed 


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1 to impair or limit any claim brought under this section 

2 for conduct relating to child exploitation. 

3 ‘‘(f) RULES OF CONSTRUCTION.— 

4 ‘‘(1) APPLICABILITY TO LEGAL PROCESS.—Noth5 ing in this section shall be construed to apply to any 

6 action by a provider of an interactive computer serv7 ice that is necessary to comply with a valid court 

8 order, subpoena, search warrant, statutory obligation, 

9 or preservation request from law enforcement. 

10 ‘‘(2) KNOWLEDGE WITH RESPECT TO EACH ITEM

11 REQUIRED.—For purposes of conduct relating to child 

12 exploitation described in subsection (d)(2)(B), the 

13 term ‘knowing’ shall be construed to mean knowledge 

14 of each item of child pornography that the provider 

15 hosted, stored, or made available. 

16 ‘‘(g) ENCRYPTION TECHNOLOGIES.— 

17 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

18 (a), none of the following actions or circumstances 

19 shall serve as an independent basis for liability of a 

20 provider of an interactive computer service for con21 duct relating to child exploitation: 

22 ‘‘(A) The provider utilizes full end-to-end 

23 encrypted messaging services, device encryption, 

24 or other encryption services. 


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1 ‘‘(B) The provider does not possess the in2 formation necessary to decrypt a communica3 tion. 

4 ‘‘(C) The provider fails to take an action 

5 that would otherwise undermine the ability of 

6 the provider to offer full end-to-end encrypted 

7 messaging services, device encryption, or other 

8 encryption services. 

9 ‘‘(2) CONSIDERATION OF EVIDENCE.—Nothing in 

10 paragraph (1) shall be construed to prohibit a court 

11 from considering evidence of actions or circumstances 

12 described in that paragraph if the evidence is other13 wise admissible. 

14 ‘‘(h) DEFENSE.—In a claim under subsection (a) in15 volving knowing conduct relating to child exploitation de16 scribed in subsection (d)(2)(B), it shall be a defense, which 

17 the provider must establish by a preponderance of the evi18 dence, that— 

19 ‘‘(1) the provider disabled access to or removed 

20 the child pornography as soon as possible, and in any 

21 event not later than 48 hours after obtaining knowl22 edge that the child pornography was being hosted, 

23 stored, or made available by the provider (or, in the 

24 case of a provider that, for the most recent calendar 

25 year, averaged fewer than 10,000,000 active users on 


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1 a monthly basis in the United States, as soon as pos2 sible, and in any event not later than 2 business days 

3 after obtaining such knowledge); or 

4 ‘‘(2) the provider— 

5 ‘‘(A) exercised its best effort to disable access 

6 to or remove the child pornography but was un7 able to do so for reasons outside the provider’s 

8 control; and 

9 ‘‘(B) determined it is technologically impos10 sible for the provider to disable access to or re11 move the child pornography.’’. 

12 SEC. 6. REPORTING AND REMOVAL OF PROSCRIBED VISUAL 

13 DEPICTIONS RELATING TO CHILDREN; ES14 TABLISHMENT OF CHILD ONLINE PROTEC15 TION BOARD. 

16 (a) FINDINGS.—Congress finds the following: 

17 (1) Over 40 years ago, the Supreme Court of the 

18 United States ruled in New York v. Ferber, 458 U.S. 

19 747 (1982), that child sexual abuse material (referred 

20 to in this subsection as ‘‘CSAM’’) is a ‘‘category of 

21 material outside the protections of the First Amend22 ment’’. The Court emphasized that children depicted 

23 in CSAM are harmed twice: first through the abuse 

24 and exploitation inherent in the creation of the mate25 rials, and then through the continued circulation of 


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1 the imagery, which inflicts its own emotional and 

2 psychological injury. 

3 (2) The Supreme Court reiterated this point 9 

4 years ago in Paroline v. United States, 572 U.S. 434 

5 (2014), when it explained that CSAM victims suffer 

6 ‘‘continuing and grievous harm as a result of [their] 

7 knowledge that a large, indeterminate number of indi8 viduals have viewed and will in the future view im9 ages of the sexual abuse [they] endured’’. 

10 (3) In these decisions, the Supreme Court noted 

11 that the distribution of CSAM invades the privacy in12 terests of the victims. 

13 (4) The co-mingling online of CSAM with other, 

14 non-explicit depictions of the victims links the vic15 tim’s identity with the images of their abuse. This 

16 further invades a victim’s privacy and disrupts their 

17 sense of security, thwarting what the Supreme Court 

18 has described as ‘‘the individual interest in avoiding 

19 disclosure of personal matters’’. 

20 (5) The internet is awash with child sexual abuse 

21 material. In 2021, the CyberTipline, operated by the 

22 National Center for Missing & Exploited Children to 

23 combat online child sexual exploitation, received re24 ports about 39,900,000 images and 44,800,000 videos 

25 depicting child sexual abuse. 


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1 (6) Since 2017, Project Arachnid, operated by 

2 the Canadian Centre for Child Protection, has sent 

3 over 26,000,000 notices to online providers about 

4 CSAM and other exploitive material found on their 

5 platforms. According to the Canadian Centre, some 

6 providers are slow to remove the material, or take it 

7 down only for it to be reposted again a short time 

8 later. 

9 (7) This legislation is needed to create an easy10 to-use and effective procedure to get CSAM and harm11 ful related imagery quickly taken offline and kept off12 line to protect children, stop the spread of illegal and 

13 harmful content, and thwart the continued invasion 

14 of the victims’ privacy. 

15 (b) IMPLEMENTATION.— 

16 (1) IMPLEMENTATION.—Except as provided in 

17 paragraph (2), not later than 1 year after the date 

18 of enactment of this Act, the Child Online Protection 

19 Board established under subsection (d), shall begin 

20 operations, at which point providers shall begin re21 ceiving notifications as set forth in subsection (c)(2). 

22 (2) EXTENSION.—The Commission may extend 

23 the deadline under paragraph (1) by not more than 

24 180 days if the Commission provides notice of the ex25 tension to the public and to Congress. 


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1 (3) PUBLIC NOTICE.—The Commission shall pro2 vide notice to the public of the date that the Child 

3 Online Protection Board established under subsection 

4 (d) is scheduled to begin operations on— 

5 (A) the date that is 60 days before such date 

6 that the Board is scheduled to begin operations; 

7 and 

8 (B) the date that is 30 days before such date 

9 that the Board is scheduled to begin operations. 

10 (c) REPORTING AND REMOVAL OF PROSCRIBED VIS11 UAL DEPICTIONS RELATING TO CHILDREN.— 

12 (1) IN GENERAL.—If a provider receives a com13 plete notification as set forth in paragraph (2)(A) 

14 that the provider is hosting a proscribed visual depic15 tion relating to a child, as soon as possible, but in 

16 any event not later than 48 hours after such notifica17 tion is received by the provider (or, in the case of a 

18 small provider, not later than 2 business days after 

19 such notification is received by the small provider), 

20 the provider shall— 

21 (A)(i) remove the proscribed visual depic22 tion relating to a child; and 

23 (ii) notify the complainant that it has done 

24 so; or 


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1 (B) notify the complainant that the pro2 vider— 

3 (i) has determined that visual depic4 tion referenced in the notification does not 

5 constitute a proscribed visual depiction re6 lating to a child; 

7 (ii) is unable to remove the proscribed 

8 visual depiction relating to a child using 

9 reasonable means; or 

10 (iii) has determined that the notifica11 tion is duplicative under paragraph 

12 (2)(C)(i). 

13 (2) NOTIFICATION REQUIREMENTS.— 

14 (A) IN GENERAL.—To be complete under 

15 this subsection, a notification must be a written 

16 communication to the designated reporting sys17 tem of the provider (or, if the provider does not 

18 have a designated reporting system, a written 

19 communication that is served on the provider in 

20 accordance with subparagraph (F)) that includes 

21 the following: 

22 (i) An identification of, and informa23 tion reasonably sufficient to permit the pro24 vider to locate, the alleged proscribed visual 

25 depiction relating to a child. Such informaVerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6203 E:\BILLS\S1199.RS S1199

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1 tion may include, at the option of the com2 plainant, a copy of the alleged proscribed 

3 visual depiction relating to a child or the 

4 uniform resource locator where such alleged 

5 proscribed visual depiction is located. 

6 (ii) The complainant’s name and con7 tact information, to include a mailing ad8 dress, telephone number, and an electronic 

9 mail address, except that, if the complain10 ant is the victim depicted in the alleged 

11 proscribed visual depiction relating to a 

12 child, the complainant may elect to use an 

13 alias, including for purposes of the signed 

14 statement described in clause (v), and omit 

15 a mailing address. 

16 (iii) If applicable, a statement indi17 cating that the complainant has previously 

18 notified the provider about the alleged pro19 scribed visual depiction relating to a child 

20 which may, at the option of the complain21 ant, include a copy of the previous notifica22 tion. 

23 (iv) A statement indicating that the 

24 complainant has a good faith belief that the 

25 information in the notification is accurate. 


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1 (v) A signed statement under penalty 

2 of perjury indicating that the notification is 

3 submitted by— 

4 (I) the victim depicted in the al5 leged proscribed visual depiction relat6 ing to a child; 

7 (II) an authorized representative 

8 of the victim depicted in the alleged 

9 proscribed visual depiction relating to 

10 a child; or 

11 (III) a qualified organization. 

12 (B) INCLUSION OF MULTIPLE VISUAL DEPIC13 TIONS IN SAME NOTIFICATION.—A notification 

14 may contain information about more than one 

15 alleged proscribed visual depiction relating to a 

16 child, but shall only be effective with respect to 

17 each alleged proscribed visual depiction relating 

18 to a child included in the notification to the ex19 tent that the notification includes sufficient in20 formation to identify and locate such visual de21 piction. 

22 (C) LIMITATION ON DUPLICATIVE NOTIFICA23 TIONS.— 

24 (i) IN GENERAL.—After a complainant 

25 has submitted a notification to a provider, 


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1 the complainant may submit additional no2 tifications at any time only if the subse3 quent notifications involve— 

4 (I) a different alleged proscribed 

5 visual depiction relating to a minor; 

6 (II) the same alleged proscribed 

7 visual depiction relating to a minor 

8 that is in a different location; or 

9 (III) recidivist hosting. 

10 (ii) NO OBLIGATION.—A provider who 

11 receives any additional notifications that do 

12 not comply with clause (i) shall not be re13 quired to take any additional action ex14 cept— 

15 (I) as may be required with re16 spect to the original notification; and 

17 (II) to notify the complainant as 

18 provided in paragraph (1)(B)(iii). 

19 (D) INCOMPLETE OR MISDIRECTED NOTIFI20 CATION.— 

21 (i) REQUIREMENT TO CONTACT COM22 PLAINANT REGARDING INSUFFICIENT INFOR23 MATION.— 

24 (I) REQUIREMENT TO CONTACT

25 COMPLAINANT.—If a notification that 


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1 is submitted to a provider under this 

2 subsection does not contain sufficient 

3 information under subparagraph 

4 (A)(i) to identify or locate the visual 

5 depiction that is the subject of the noti6 fication but does contain the complain7 ant contact information described in 

8 subparagraph (A)(ii), the provider 

9 shall, not later than 48 hours after re10 ceiving the notification (or, in the case 

11 of a small provider, not later than 2 

12 business days after such notification is 

13 received by the small provider), contact 

14 the complainant via electronic mail 

15 address to obtain such information. 

16 (II) EFFECT OF COMPLAINANT

17 PROVIDING SUFFICIENT INFORMA18 TION.—If the provider is able to con19 tact the complainant and obtain suffi20 cient information to identify or locate 

21 the visual depiction that is the subject 

22 of the notification, the provider shall 

23 then proceed as set forth in paragraph 

24 (1), except that the applicable time25 frames described in such paragraph 


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1 shall commence on the day the pro2 vider receives the information needed 

3 to identify or locate the visual depic4 tion. 

5 (III) EFFECT OF COMPLAINANT

6 INABILITY TO PROVIDE SUFFICIENT IN7 FORMATION.—If the provider is able to 

8 contact the complainant but does not 

9 obtain sufficient information to iden10 tify or locate the visual depiction that 

11 is the subject of the notification, the 

12 provider shall so notify the complain13 ant not later than 48 hours after the 

14 provider determines that it is unable to 

15 identify or locate the visual depiction 

16 (or, in the case of a small provider, not 

17 later than 2 business days after the 

18 small provider makes such determina19 tion), after which no further action by 

20 the provider is required and receipt of 

21 the notification shall not be considered 

22 in determining whether the provider 

23 has actual knowledge of any informa24 tion described in the notification. 


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1 (IV) EFFECT OF COMPLAINANT

2 FAILURE TO RESPOND.—If the com3 plainant does not respond to the pro4 vider’s attempt to contact the com5 plainant under this clause within 14 

6 days of such attempt, no further action 

7 by the provider is required and receipt 

8 of the notification shall not be consid9 ered in determining whether the pro10 vider has actual knowledge of any in11 formation described in the notification. 

12 (ii) TREATMENT OF INCOMPLETE NOTI13 FICATION WHERE COMPLAINANT CANNOT BE

14 CONTACTED.—If a notification that is sub15 mitted to a provider under this subsection 

16 does not contain sufficient information 

17 under subparagraph (A)(i) to identify or lo18 cate the visual depiction that is the subject 

19 of the notification and does not contain the 

20 complainant contact information described 

21 in subparagraph (A)(ii) (or if the provider 

22 is unable to contact the complainant using 

23 such information), no further action by the 

24 provider is required and receipt of the noti25 fication shall not be considered in deterVerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6203 E:\BILLS\S1199.RS S1199

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1 mining whether the provider has actual 

2 knowledge of any information described in 

3 the notification. 

4 (iii) TREATMENT OF NOTIFICATION

5 NOT SUBMITTED TO DESIGNATED REPORT6 ING SYSTEM.—If a provider has a des7 ignated reporting system, and a complain8 ant submits a notification under this sub9 section to the provider without using such 

10 system, the provider shall not be considered 

11 to have received the notification. 

12 (E) OPTION TO CONTACT COMPLAINANT RE13 GARDING THE PROSCRIBED VISUAL DEPICTION

14 INVOLVING A MINOR.— 

15 (i) CONTACT WITH COMPLAINANT.—If 

16 the provider believes that the proscribed vis17 ual depiction involving a minor referenced 

18 in the notification does not meet the defini19 tion of such term as provided in subsection 

20 (r)(10), the provider may, not later than 48 

21 hours after receiving the notification (or, in 

22 the case of a small provider, not later than 

23 2 business days after such notification is re24 ceived by the small provider), contact the 


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1 complainant via electronic mail address to 

2 so indicate. 

3 (ii) FAILURE TO RESPOND.—If the 

4 complainant does not respond to the pro5 vider within 14 days after receiving the no6 tification, no further action by the provider 

7 is required and receipt of the notification 

8 shall not be considered in determining 

9 whether the provider has actual knowledge 

10 of any information described in the notifi11 cation. 

12 (iii) COMPLAINANT RESPONSE.—If the 

13 complainant responds to the provider with14 in 14 days after receiving the notification, 

15 the provider shall then proceed as set forth 

16 in paragraph (1), except that the applicable 

17 timeframes described in such paragraph 

18 shall commence on the day the provider re19 ceives the complainant’s response. 

20 (F) SERVICE OF NOTIFICATION WHERE PRO21 VIDER HAS NO DESIGNATED REPORTING SYSTEM; 

22 PROCESS WHERE COMPLAINANT CANNOT SERVE

23 PROVIDER.— 

24 (i) NO DESIGNATED REPORTING SYS25 TEM.—If a provider does not have a desVerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6203 E:\BILLS\S1199.RS S1199

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1 ignated reporting system, a complainant 

2 may serve the provider with a notification 

3 under this subsection to the provider in the 

4 same manner that petitions are required to 

5 be served under subsection (g)(4). 

6 (ii) COMPLAINANT CANNOT SERVE PRO7 VIDER.—If a provider does not have a des8 ignated reporting system and a complain9 ant cannot reasonably serve the provider 

10 with a notification as described in clause 

11 (i), the complainant may bring a petition 

12 under subsection (g)(1) without serving the 

13 provider with the notification. 

14 (G) RECIDIVIST HOSTING.—If a provider 

15 engages in recidivist hosting of a proscribed vis16 ual depiction relating to a child, in addition to 

17 any action taken under this section, a complain18 ant may submit a report concerning such recidi19 vist hosting to the CyberTipline operated by the 

20 National Center for Missing and Exploited Chil21 dren, or any successor to the CyberTipline oper22 ated by the National Center for Missing and Ex23 ploited Children. 

24 (H) PRESERVATION.—A provider that re25 ceives a complete notification under this subVerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6203 E:\BILLS\S1199.RS S1199

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1 section shall preserve the information in such no2 tification in accordance with the requirements of 

3 sections 2713 and 2258A(h) of title 18, United 

4 States Code. For purposes of this subparagraph, 

5 the period for which providers shall be required 

6 to preserve information in accordance with such 

7 section 2258A(h) may be extended in 90-day in8 crements on written request by the complainant 

9 or order of the Board. 

10 (I) NON-DISCLOSURE.—Except as otherwise 

11 provided in subsection (g)(19)(C), for 120 days 

12 following receipt of a notification under this sub13 section, a provider may not disclose the existence 

14 of the notification to any person or entity except 

15 to an attorney for purposes of obtaining legal 

16 advice, the Board, the Commission, a law en17 forcement agency described in subparagraph (A), 

18 (B), or (C) of section 2258A(g)(3) of title 18, 

19 United States Code, the National Center for 

20 Missing and Exploited Children, or as necessary 

21 to respond to legal process. Nothing in the pre22 ceding sentence shall be construed to infringe on 

23 the provider’s ability to communicate general in24 formation about terms of service violations. 


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1 (d) ESTABLISHMENT OF CHILD ONLINE PROTECTION

2 BOARD.— 

3 (1) IN GENERAL.—There is established in the 

4 Federal Trade Commission a Child Online Protection 

5 Board, which shall administer and enforce the re6 quirements of subsection (e) in accordance with this 

7 section. 

8 (2) OFFICERS AND STAFF.—The Board shall be 

9 composed of 3 full-time Child Online Protection Offi10 cers who shall be appointed by the Commission in ac11 cordance with paragraph (5)(A). A vacancy on the 

12 Board shall not impair the right of the remaining 

13 Child Online Protection Officers to exercise the func14 tions and duties of the Board. 

15 (3) CHILD ONLINE PROTECTION ATTORNEYS.— 

16 Not fewer than 2 full-time Child Online Protection 

17 Attorneys shall be hired to assist in the administra18 tion of the Board. 

19 (4) TECHNOLOGICAL ADVISER.—One or more 

20 technological advisers may be hired to assist with the 

21 handling of digital evidence and consult with the 

22 Child Online Protection Officers on matters con23 cerning digital evidence and technological issues. 

24 (5) QUALIFICATIONS.— 

25 (A) OFFICERS.— 


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1 (i) IN GENERAL.—Each Child Online 

2 Protection Officer shall be an attorney duly 

3 licensed in at least 1 United States jurisdic4 tion who has not fewer than 7 years of legal 

5 experience concerning child sexual abuse 

6 material and technology-facilitated crimes 

7 against children. 

8 (ii) EXPERIENCE.—Two of the Child 

9 Online Protection Officers shall have sub10 stantial experience in the evaluation, litiga11 tion, or adjudication of matters relating to 

12 child sexual abuse material or technology13 facilitated crimes against children. 

14 (B) ATTORNEYS.—Each Child Online Pro15 tection Attorney shall be an attorney duly li16 censed in at least 1 United States jurisdiction 

17 who has not fewer than 3 years of substantial 

18 legal experience concerning child sexual abuse 

19 material and technology-facilitated crimes 

20 against children. 

21 (C) TECHNOLOGICAL ADVISER.—A techno22 logical adviser shall have at least one year of 

23 specialized experience with digital forensic anal24 ysis. 

25 (6) COMPENSATION.— 


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1 (A) CHILD ONLINE PROTECTION OFFI2 CERS.— 

3 (i) DEFINITION.—In this subpara4 graph, the term ‘‘senior level employee of the 

5 Federal Government’’ means an employee, 

6 other than an employee in the Senior Exec7 utive Service, the position of whom is classi8 fied above GS–15 of the General Schedule. 

9 (ii) PAY RANGE.—Each Child Online 

10 Protection Officer shall be compensated at a 

11 rate of pay that is not less than the min12 imum, and not more than the maximum, 

13 rate of pay payable for senior level employ14 ees of the Federal Government, including lo15 cality pay, as applicable. 

16 (B) CHILD ONLINE PROTECTION ATTOR17 NEYS.—Each Child Online Protection Attorney 

18 shall be compensated at a rate of pay that is not 

19 more than the maximum rate of pay payable for 

20 level 10 of GS–15 of the General Schedule, in21 cluding locality pay, as applicable. 

22 (C) TECHNOLOGICAL ADVISER.—A techno23 logical adviser of the Board shall be compensated 

24 at a rate of pay that is not more than the max25 imum rate of pay payable for level 10 of GS–14 


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1 of the General Schedule, including locality pay, 

2 as applicable. 

3 (7) VACANCY.—If a vacancy occurs in the posi4 tion of Child Online Protection Officer, the Commis5 sion shall act expeditiously to appoint an Officer for 

6 that position. 

7 (8) SANCTION OR REMOVAL.—Subject to sub8 section (e)(2), the Chair of the Commission or the 

9 Commission may sanction or remove a Child Online 

10 Protection Officer. 

11 (9) ADMINISTRATIVE SUPPORT.—The Commis12 sion shall provide the Child Online Protection Officers 

13 and Child Online Protection Attorneys with necessary 

14 administrative support, including technological facili15 ties, to carry out the duties of the Officers and Attor16 neys under this section. The Department of Justice 

17 may provide equipment and guidance on the storage 

18 and handling of proscribed visual depictions relating 

19 to children. 

20 (10) LOCATION OF BOARD.—The offices and fa21 cilities of the Child Online Protection Officers and 

22 Child Online Protection Attorneys shall be located at 

23 the headquarters or other office of the Commission. 

24 (e) AUTHORITY AND DUTIES OF THE BOARD.— 

25 (1) FUNCTIONS.— 


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1 (A) OFFICERS.—Subject to the provisions of 

2 this section and applicable regulations, the func3 tions of the Officers of the Board shall be as fol4 lows: 

5 (i) To render determinations on peti6 tions that may be brought before the Officers 

7 under this section. 

8 (ii) To ensure that petitions and re9 sponses are properly asserted and otherwise 

10 appropriate for resolution by the Board. 

11 (iii) To manage the proceedings before 

12 the Officers and render determinations per13 taining to the consideration of petitions and 

14 responses, including with respect to sched15 uling, discovery, evidentiary, and other 

16 matters. 

17 (iv) To request, from participants and 

18 nonparticipants in a proceeding, the pro19 duction of information and documents rel20 evant to the resolution of a petition or re21 sponse. 

22 (v) To conduct hearings and con23 ferences. 

24 (vi) To facilitate the settlement by the 

25 parties of petitions and responses. 


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1 (vii) To impose fines as set forth in 

2 subsection (g)(24). 

3 (viii) To provide information to the 

4 public concerning the procedures and re5 quirements of the Board. 

6 (ix) To maintain records of the pro7 ceedings before the Officers, certify official 

8 records of such proceedings as needed, and, 

9 as provided in subsection (g)(19)(A), make 

10 the records in such proceedings available to 

11 the public. 

12 (x) To carry out such other duties as 

13 are set forth in this section. 

14 (xi) When not engaged in performing 

15 the duties of the Officers set forth in this 

16 section, to perform such other duties as may 

17 be assigned by the Chair of the Commission 

18 or the Commission. 

19 (B) ATTORNEYS.—Subject to the provisions 

20 of this section and applicable regulations, the 

21 functions of the Attorneys of the Board shall be 

22 as follows: 

23 (i) To provide assistance to the Officers 

24 of the Board in the administration of the 

25 duties of those Officers under this section. 


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1 (ii) To provide assistance to complain2 ants, providers, and members of the public 

3 with respect to the procedures and require4 ments of the Board. 

5 (iii) When not engaged in performing 

6 the duties of the Attorneys set forth in this 

7 section, to perform such other duties as may 

8 be assigned by the Commission. 

9 (C) DESIGNATED SERVICE AGENTS.—The 

10 Board may maintain a publicly available direc11 tory of service agents designated to receive serv12 ice of petitions filed with the Board. 

13 (2) INDEPENDENCE IN DETERMINATIONS.— 

14 (A) IN GENERAL.—The Board shall render 

15 the determinations of the Board in individual 

16 proceedings independently on the basis of the 

17 records in the proceedings before it and in ac18 cordance with the provisions of this section, judi19 cial precedent, and applicable regulations of the 

20 Commission. 

21 (B) PERFORMANCE APPRAISALS.—Notwith22 standing any other provision of law or any regu23 lation or policy of the Commission, any perform24 ance appraisal of an Officer or Attorney of the 

25 Board may not consider the substantive result of 


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1 any individual determination reached by the 

2 Board as a basis for appraisal except to the ex3 tent that result may relate to any actual or al4 leged violation of an ethical standard of conduct. 

5 (3) DIRECTION BY COMMISSION.—Subject to 

6 paragraph (2), the Officers and Attorneys shall, in 

7 the administration of their duties, be under the super8 vision of the Chair of the Commission. 

9 (4) INCONSISTENT DUTIES BARRED.—An Officer 

10 or Attorney of the Board may not undertake any duty 

11 that conflicts with the duties of the Officer or Attor12 ney in connection with the Board, to include the obli13 gation to render impartial determinations on peti14 tions considered by the Board under this section. 

15 (5) RECUSAL.—An Officer or Attorney of the 

16 Board shall recuse himself or herself from participa17 tion in any proceeding with respect to which the Offi18 cer or Attorney, as the case may be, has reason to be19 lieve that he or she has a conflict of interest. 

20 (6) EX PARTE COMMUNICATIONS.—Except as 

21 may otherwise be permitted by applicable law, any 

22 party or interested owner involved in a proceeding be23 fore the Board shall refrain from ex parte commu24 nications with the Officers of the Board and the ComVerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6203 E:\BILLS\S1199.RS S1199

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1 mission relevant to the merits of such proceeding be2 fore the Board. 

3 (7) JUDICIAL REVIEW.—Actions of the Officers 

4 and the Commission under this section in connection 

5 with the rendering of any determination are subject 

6 to judicial review as provided under subsection 

7 (g)(28). 

8 (f) CONDUCT OF PROCEEDINGS OF THE BOARD.— 

9 (1) IN GENERAL.—Proceedings of the Board shall 

10 be conducted in accordance with this section and reg11 ulations established by the Commission under this 

12 section, in addition to relevant principles of law. 

13 (2) RECORD.—The Board shall maintain records 

14 documenting the proceedings before the Board. 

15 (3) CENTRALIZED PROCESS.—Proceedings before 

16 the Board shall— 

17 (A) be conducted at the offices of the Board 

18 without the requirement of in-person appear19 ances by parties or others; 

20 (B) take place by means of written submis21 sions, hearings, and conferences carried out 

22 through internet-based applications and other 

23 telecommunications facilities, except that, in 

24 cases in which physical or other nontestimonial 

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1 nished to the Board through available tele2 communications facilities, the Board may make 

3 alternative arrangements for the submission of 

4 such evidence that do not prejudice any party or 

5 interested owner; and 

6 (C) be conducted and concluded in an expe7 ditious manner without causing undue prejudice 

8 to any party or interested owner. 

9 (4) REPRESENTATION.— 

10 (A) IN GENERAL.—A party or interested 

11 owner involved in a proceeding before the Board 

12 may be, but is not required to be, represented 

13 by— 

14 (i) an attorney; or 

15 (ii) a law student who is qualified 

16 under applicable law governing representa17 tion by law students of parties in legal pro18 ceedings and who provides such representa19 tion on a pro bono basis. 

20 (B) REPRESENTATION OF VICTIMS.— 

21 (i) IN GENERAL.—A petition involving 

22 a victim under the age of 16 at the time the 

23 petition is filed shall be filed by an author24 ized representative, qualified organization, 

25 or a person described in subparagraph (A). 


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1 (ii) NO REQUIREMENT FOR QUALIFIED

2 ORGANIZATIONS TO HAVE CONTACT WITH, 

3 OR KNOWLEDGE OF, VICTIM.—A qualified 

4 organization may submit a notification to a 

5 provider or file a petition on behalf of a vic6 tim without regard to whether the qualified 

7 organization has contact with the victim or 

8 knows the identity, location, or contact in9 formation of the victim. 

10 (g) PROCEDURES TO CONTEST A FAILURE TO RE11 MOVE A PROSCRIBED VISUAL DEPICTION RELATING TO A

12 CHILD OR A NOTIFICATION REPORTING A PROSCRIBED VIS13 UAL DEPICTION RELATING TO A CHILD.— 

14 (1) PROCEDURE TO CONTEST A FAILURE TO RE15 MOVE.— 

16 (A) COMPLAINANT PETITION.—A complain17 ant may file a petition to the Board claiming 

18 that, as applicable— 

19 (i) the complainant submitted a com20 plete notification to a provider concerning a 

21 proscribed visual depiction relating to a 

22 child, and that— 

23 (I) the provider— 

24 (aa) did not remove the pro25 scribed visual depiction relating 


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1 to a child within the timeframe 

2 required under subsection 

3 (c)(1)(A)(i); or 

4 (bb) incorrectly claimed 

5 that— 

6 (AA) the visual depic7 tion at issue could not be lo8 cated or removed through 

9 reasonable means; 

10 (BB) the notification 

11 was incomplete; or 

12 (CC) the notification 

13 was duplicative under sub14 section (c)(2)(C)(i); and 

15 (II) did not file a timely petition 

16 to contest the notification with the 

17 Board under paragraph (2); or 

18 (ii) a provider is hosting a proscribed 

19 visual depiction relating to a child, does not 

20 have a designated reporting system, and the 

21 complainant was unable to serve a notifica22 tion on the provider under this subsection 

23 despite reasonable efforts. 

24 (B) ADDITIONAL CLAIM.—As applicable, a 

25 petition filed under subparagraph (A) may also 


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1 claim that the proscribed visual depiction relat2 ing to a child at issue in the petition involves re3 cidivist hosting. 

4 (C) TIMEFRAME.— 

5 (i) IN GENERAL.—A petition under 

6 this paragraph shall be considered timely if 

7 it is filed within 30 days of the applicable 

8 start date, as defined under clause (ii). 

9 (ii) APPLICABLE START DATE.—For 

10 purposes of clause (i), the term ‘‘applicable 

11 start date’’ means— 

12 (I) in the case of a petition under 

13 subparagraph (A)(i) claiming that the 

14 visual depiction was not removed or 

15 that the provider made an incorrect 

16 claim relating to the visual depiction 

17 or notification, the day that the pro18 vider’s option to file a petition has ex19 pired under paragraph (2)(B); and 

20 (II) in the case of a petition 

21 under subparagraph (A)(ii) related to 

22 a notification that could not be served, 

23 the last day of the 2-week period that 

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1 plainant first attempted to serve a no2 tification on the provider involved. 

3 (D) IDENTIFICATION OF VICTIM.—Any peti4 tion filed to the Board by the victim or an au5 thorized representative of the victim shall include 

6 the victim’s legal name. A petition filed to the 

7 Board by a qualified organization may, but is 

8 not required to, include the victim’s legal name. 

9 Any petition containing the victim’s legal name 

10 shall be filed under seal. The victim’s legal name 

11 shall be redacted from any documents served on 

12 the provider and interested owner or made pub13 licly available. 

14 (E) FAILURE TO REMOVE VISUAL DEPIC15 TIONS IN TIMELY MANNER.—A complainant may 

16 file a petition under subparagraph (A)(i) claim17 ing that a visual depiction was not removed even 

18 if the visual depiction was removed prior to the 

19 petition being filed, so long as the petition 

20 claims that the visual depiction was not removed 

21 within the timeframe specified in subsection 

22 (c)(1). 

23 (2) PROCEDURE TO CONTEST A NOTIFICATION.— 

24 (A) PROVIDER PETITION.—If a provider re25 ceives a complete notification as described in 


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1 subsection (c)(2) through its designated reporting 

2 system or in accordance with subsection 

3 (c)(2)(F)(i), the provider may file a petition to 

4 the Board claiming that the provider has a good 

5 faith belief that, as applicable— 

6 (i) the visual depiction that is the sub7 ject of the notification does not constitute a 

8 proscribed visual depiction relating to a 

9 child; 

10 (ii) the notification is frivolous or was 

11 submitted with an intent to harass the pro12 vider or any person; 

13 (iii) the alleged proscribed visual de14 piction relating to a child cannot reason15 ably be located by the provider; 

16 (iv) for reasons beyond the control of 

17 the provider, the provider cannot remove the 

18 proscribed visual depiction relating to a 

19 child using reasonable means; or 

20 (v) the notification was duplicative 

21 under subsection (c)(2)(C)(i). 

22 (B) TIMEFRAME.— 

23 (i) IN GENERAL.—Subject to clauses 

24 (ii) and (iii), a petition contesting a notifi25 cation under this paragraph shall be conVerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6203 E:\BILLS\S1199.RS S1199

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1 sidered timely if it is filed by a provider 

2 not later than 14 days after the day on 

3 which the provider receives the notification 

4 or the notification is made complete under 

5 subsection (c)(2)(D)(i). 

6 (ii) NO DESIGNATED REPORTING SYS7 TEM.—Subject to clause (iii), if a provider 

8 does not have a designated reporting system, 

9 a petition contesting a notification under 

10 this paragraph shall be considered timely if 

11 it is filed by a provider not later than 7 

12 days after the day on which the provider re13 ceives the notification or the notification is 

14 made complete under subsection 

15 (c)(2)(D)(i). 

16 (iii) SMALL PROVIDERS.—In the case 

17 of a small provider, each of the timeframes 

18 applicable under clauses (i) and (ii) shall 

19 be increased by 48 hours. 

20 (3) COMMENCEMENT OF PROCEEDING.— 

21 (A) IN GENERAL.—In order to commence a 

22 proceeding under this section, a petitioning 

23 party shall, subject to such additional require24 ments as may be prescribed in regulations estab25 lished by the Commission, file a petition with the 


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1 Board, that includes a statement of claims and 

2 material facts in support of each claim in the 

3 petition. A petition may set forth more than one 

4 claim. A petition shall also include information 

5 establishing that it has been filed within the ap6 plicable timeframe. 

7 (B) REVIEW OF PETITIONS BY CHILD ON8 LINE PROTECTION ATTORNEYS.—Child Online 

9 Protection Attorneys may review petitions to as10 sess whether they are complete. The Board may 

11 permit a petitioning party to refile a defective 

12 petition. The Attorney may assist the petitioning 

13 party in making any corrections. 

14 (C) DISMISSAL.—The Board may dismiss, 

15 with or without prejudice, any petition that fails 

16 to comply with subparagraph (A). 

17 (4) SERVICE OF PROCESS REQUIREMENTS FOR

18 PETITIONS.— 

19 (A) IN GENERAL.—For purposes of petitions 

20 under paragraphs (1) and (2), the petitioning 

21 party shall, at or before the time of filing a peti22 tion, serve a copy on the other party. A corpora23 tion, partnership, or unincorporated association 

24 that is subject to suit in courts of general juris25 diction under a common name shall be served by 


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1 delivering a copy of the petition to its service 

2 agent, if one has been so designated. 

3 (B) MANNER OF SERVICE.— 

4 (i) SERVICE BY NONDIGITAL MEANS.— 

5 Service by nondigital means may be any of 

6 the following: 

7 (I) Personal, including delivery to 

8 a responsible person at the office of 

9 counsel. 

10 (II) By priority mail. 

11 (III) By third-party commercial 

12 carrier for delivery within 3 days. 

13 (ii) SERVICE BY DIGITAL MEANS.— 

14 Service of a paper may be made by sending 

15 it by any digital means, including through 

16 a provider’s designated reporting system. 

17 (iii) WHEN SERVICE IS COMPLETED.— 

18 Service by mail or by commercial carrier is 

19 complete 3 days after the mailing or deliv20 ery to the carrier. Service by digital means 

21 is complete on filing or sending, unless the 

22 party making service is notified that the 

23 paper was not received by the party served. 

24 (C) PROOF OF SERVICE.—A petition filed 

25 under paragraph (1) or (2) shall contain— 


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1 (i) an acknowledgment of service by the 

2 person served; 

3 (ii) proof of service consisting of a 

4 statement by the person who made service 

5 certifying— 

6 (I) the date and manner of serv7 ice; 

8 (II) the names of the persons 

9 served; and 

10 (III) their mail or electronic ad11 dresses, facsimile numbers, or the ad12 dresses of the places of delivery, as ap13 propriate for the manner of service; or 

14 (iii) a statement indicating that serv15 ice could not reasonably be completed. 

16 (D) ATTORNEY FEES AND COSTS.—Except 

17 as otherwise provided in this subsection, all par18 ties to a petition shall bear their own attorney 

19 fees and costs. 

20 (5) SERVICE OF OTHER DOCUMENTS.—Docu21 ments submitted or relied upon in a proceeding, other 

22 than the petition, shall be served in accordance with 

23 regulations established by the Commission. 

24 (6) NOTIFICATION OF RIGHT TO OPT OUT.—In 

25 order to effectuate service on a responding party, the 


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1 petition shall notify the responding party of their 

2 right to opt out of the proceeding before the Board, 

3 and the consequences of opting out and not opting 

4 out, including a prominent statement that by not opt5 ing out the respondent— 

6 (A) loses the opportunity to have the dispute 

7 decided by a court created under article III of 

8 the Constitution of the United States; and 

9 (B) waives the right to a jury trial regard10 ing the dispute. 

11 (7) INITIAL PROCEEDINGS.— 

12 (A) CONFERENCE.—Within 1 week of com13 pletion of service of a petition under paragraph 

14 (4), 1 or more Officers of the Board shall hold 

15 a conference to address the matters described in 

16 subparagraphs (B) and (C). 

17 (B) OPT-OUT PROCEDURE.—At the con18 ference, an Officer of the Board shall explain 

19 that the responding party has a right to opt out 

20 of the proceeding before the Board, and describe 

21 the consequences of opting out and not opting 

22 out as described in paragraph (6). A responding 

23 party shall have a period of 30 days, beginning 

24 on the date of the conference, in which to provide 

25 written notice of such choice to the petitioning 


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1 party and the Board. If the responding party 

2 does not submit an opt-out notice to the Board 

3 within that 30-day period, the proceeding shall 

4 be deemed an active proceeding and the respond5 ing party shall be bound by the determination in 

6 the proceeding. If the responding party opts out 

7 of the proceeding during that 30-day period, the 

8 proceeding shall be dismissed without prejudice. 

9 (C) DISABLING ACCESS.—At the conference, 

10 except for petitions setting forth claims described 

11 in clauses (iii) and (iv) of paragraph (2)(A), an 

12 Officer of the Board shall order the provider in13 volved to disable public and user access to the al14 leged proscribed visual depiction relating to a 

15 child at issue in the petition for the pendency of 

16 the proceeding, including judicial review as pro17 vided in subsection (g)(28), unless the Officer of 

18 the Board finds that— 

19 (i) it is likely that the Board will find 

20 that the petition is frivolous or was filed 

21 with an intent to harass any person; 

22 (ii) there is a probability that dis23 abling public and user access to such visual 

24 depiction will cause irreparable harm; 


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1 (iii) the balance of equities weighs in 

2 favor of preserving public and user access to 

3 the visual depiction; and 

4 (iv) disabling public and user access to 

5 the visual depiction is contrary to the pub6 lic interest. 

7 (D) EFFECT OF FAILURE TO DISABLE AC8 CESS.— 

9 (i) PROVIDER PETITION.—If the peti10 tion was filed by a provider, and the pro11 vider fails to comply with an order issued 

12 pursuant to subparagraph (B), the Board 

13 may— 

14 (I) dismiss the petition with prej15 udice; and 

16 (II) refer the matter to the Attor17 ney General. 

18 (ii) EFFECT OF DISMISSAL.—If a pro19 vider’s petition is dismissed under clause 

20 (i)(I), the complainant may bring a peti21 tion under paragraph (1) as if the provider 

22 did not file a petition within the timeframe 

23 specified in paragraph (2)(B). For purposes 

24 of paragraph (1)(C)(ii), the applicable start 


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1 date shall be the date the provider’s petition 

2 was dismissed. 

3 (iii) COMPLAINANT PETITION.—If the 

4 petition was filed by a complainant, and 

5 the provider fails to comply with an order 

6 issued pursuant to subparagraph (B), the 

7 Board— 

8 (I) shall— 

9 (aa) expedite resolution of 

10 the petition; and 

11 (bb) refer the matter to the 

12 Attorney General; and 

13 (II) may apply an adverse infer14 ence with respect to disputed facts 

15 against such provider. 

16 (8) SCHEDULING.—Upon receipt of a complete 

17 petition and at the conclusion of the opt out proce18 dure described in paragraph (7), the Board shall issue 

19 a schedule for the future conduct of the proceeding. A 

20 schedule issued by the Board may be amended by the 

21 Board in the interests of justice. 

22 (9) CONFERENCES.—One or more Officers of the 

23 Board may hold a conference to address case manage24 ment or discovery issues in a proceeding, which shall 


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1 be noted upon the record of the proceeding and may 

2 be recorded or transcribed. 

3 (10) PARTY SUBMISSIONS.—A proceeding of the 

4 Board may not include any formal motion practice, 

5 except that, subject to applicable regulations and pro6 cedures of the Board— 

7 (A) the parties to the proceeding and an in8 terested owner may make requests to the Board 

9 to address case management and discovery mat10 ters, and submit responses thereto; and 

11 (B) the Board may request or permit par12 ties and interested owners to make submissions 

13 addressing relevant questions of fact or law, or 

14 other matters, including matters raised sua 

15 sponte by the Officers of the Board, and offer re16 sponses thereto. 

17 (11) DISCOVERY.— 

18 (A) IN GENERAL.—Discovery in a pro19 ceeding shall be limited to the production of rel20 evant information and documents, written inter21 rogatories, and written requests for admission, as 

22 provided in regulations established by the Com23 mission, except that— 

24 (i) upon the request of a party, and for 

25 good cause shown, the Board may approve 


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1 additional relevant discovery, on a limited 

2 basis, in particular matters, and may re3 quest specific information and documents 

4 from parties in the proceeding, consistent 

5 with the interests of justice; 

6 (ii) upon the request of a party or in7 terested owner, and for good cause shown, 

8 the Board may issue a protective order to 

9 limit the disclosure of documents or testi10 mony that contain confidential information; 

11 (iii) after providing notice and an op12 portunity to respond, and upon good cause 

13 shown, the Board may apply an adverse in14 ference with respect to disputed facts 

15 against a party or interested owner who has 

16 failed to timely provide discovery materials 

17 in response to a proper request for mate18 rials that could be relevant to such facts; 

19 and 

20 (iv) an interested owner shall only 

21 produce or receive discovery to the extent it 

22 relates to whether the visual depiction at 

23 issue constitutes a proscribed visual depic24 tion relating to a child. 


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1 (B) PRIVACY.—Any alleged proscribed vis2 ual depiction relating to a child received by the 

3 Board or the Commission as part of a pro4 ceeding shall be filed under seal and shall re5 main in the care, custody, and control of the 

6 Board or the Commission. For purposes of dis7 covery, the Board or Commission shall make the 

8 proscribed visual depiction relating to a child 

9 reasonably available to the parties and interested 

10 owner but shall not provide copies. The privacy 

11 protections described in section 3509(d) of title 

12 18, United States Code, shall apply to the Board, 

13 Commission, provider, complainant, and inter14 ested owner. 

15 (12) RESPONSES.—The responding party may 

16 refute any of the claims or factual assertions made by 

17 the petitioning party, and may also claim that the 

18 petition was not filed in the applicable timeframe or 

19 is barred under subsection (h). If a complainant is 

20 the petitioning party, a provider may additionally 

21 claim in response that the notification was incomplete 

22 and could not be made complete under subsection 

23 (c)(2)(D)(i). The petitioning party may refute any re24 sponses submitted by the responding party. 


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1 (13) INTERESTED OWNER.—An individual noti2 fied under paragraph (19)(C)(ii) may, within 14 

3 days of being so notified, file a motion to join the pro4 ceeding for the limited purpose of claiming that the 

5 visual depiction at issue does not constitute a pro6 scribed visual depiction relating to a child. The 

7 Board shall serve the motion on both parties. Such 

8 motion shall include a factual basis and a signed 

9 statement, submitted under penalty of perjury, indi10 cating that the individual produced or created the vis11 ual depiction at issue. The Board shall dismiss any 

12 motion that does not include the signed statement or 

13 that was submitted by an individual who did not 

14 produce or create the visual depiction at issue. If the 

15 motion is granted, the interested owner may also 

16 claim that the notification and petition were filed 

17 with an intent to harass the interested owner. Any 

18 party may refute the claims and factual assertions 

19 made by the interested owner. 

20 (14) EVIDENCE.—The Board may consider the 

21 following types of evidence in a proceeding, and such 

22 evidence may be admitted without application of for23 mal rules of evidence: 


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1 (A) Documentary and other nontestimonial 

2 evidence that is relevant to the petitions or re3 sponses in the proceeding. 

4 (B) Testimonial evidence, submitted under 

5 penalty of perjury in written form or in accord6 ance with paragraph (15), limited to statements 

7 of the parties and nonexpert witnesses, that is 

8 relevant to the petitions or responses in a pro9 ceeding, except that, in exceptional cases, expert 

10 witness testimony or other types of testimony 

11 may be permitted by the Board for good cause 

12 shown. 

13 (15) HEARINGS.—Unless waived by all parties, 

14 the Board shall conduct a hearing to receive oral 

15 presentations on issues of fact or law from parties 

16 and witnesses to a proceeding, including oral testi17 mony, subject to the following: 

18 (A) Any such hearing shall be attended by 

19 not fewer than two of the Officers of the Board. 

20 (B) The hearing shall be noted upon the 

21 record of the proceeding and, subject to subpara22 graph (C), may be recorded or transcribed as 

23 deemed necessary by the Board. 


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1 (C) A recording or transcript of the hearing 

2 shall be made available to any Officer of the 

3 Board who is not in attendance. 

4 (16) VOLUNTARY DISMISSAL.— 

5 (A) BY PETITIONING PARTY.—Upon the 

6 written request of a petitioning party, the Board 

7 shall dismiss the petition, with or without preju8 dice. 

9 (B) BY RESPONDING PARTY OR INTERESTED

10 OWNER.—Upon written request of a responding 

11 party or interested owner, the Board shall dis12 miss any responses to the petition, and shall con13 sider all claims and factual assertions in the pe14 tition to be true. 

15 (17) FACTUAL FINDINGS.—Subject to paragraph 

16 (11)(A)(iii), the Board shall make factual findings 

17 based upon a preponderance of the evidence. 

18 (18) DETERMINATIONS.— 

19 (A) NATURE AND CONTENTS.—A determina20 tion rendered by the Board in a proceeding 

21 shall— 

22 (i) be reached by a majority of the 

23 Board; 


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1 (ii) be in writing, and include an ex2 planation of the factual and legal basis of 

3 the determination; and 

4 (iii) include a clear statement of all 

5 fines, costs, and other relief awarded. 

6 (B) DISSENT.—An Officer of the Board who 

7 dissents from a decision contained in a deter8 mination under subparagraph (A) may append 

9 a statement setting forth the grounds for that 

10 dissent. 

11 (19) PUBLICATION AND DISCLOSURE.— 

12 (A) PUBLICATION.—Each final determina13 tion of the Board shall be made available on a 

14 publicly accessible website, except that the final 

15 determination shall be redacted to protect con16 fidential information that is the subject of a pro17 tective order under paragraph (11)(A)(ii) or in18 formation protected pursuant to paragraph 

19 (11)(B) and any other information protected 

20 from public disclosure under the Federal Trade 

21 Commission Act or any other applicable provi22 sion of law. 

23 (B) FREEDOM OF INFORMATION ACT.—All 

24 information relating to proceedings of the Board 

25 under this section is exempt from disclosure to 


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1 the public under section 552(b)(3) of title 5, ex2 cept for determinations, records, and informa3 tion published under subparagraph (A). Any in4 formation that is disclosed under this subpara5 graph shall have redacted any information that 

6 is the subject of a protective order under para7 graph (11)(A)(ii) or protected pursuant to para8 graph (11)(B). 

9 (C) EFFECT OF PETITION ON NON-DISCLO10 SURE PERIOD.— 

11 (i) Submission of a petition extends 

12 the non-disclosure period under subsection 

13 (c)(2)(I) for the pendency of the proceeding. 

14 The provider may submit an objection to 

15 the Board that nondisclosure is contrary to 

16 the interests of justice. The complainant 

17 may, but is not required to, respond to the 

18 objection. The Board should sustain the ob19 jection unless there is reason to believe that 

20 the circumstances in section 3486(a)(6)(B) 

21 of title 18, United States Code, exist and 

22 outweigh the interests of justice. 

23 (ii) If the Board sustains an objection 

24 to the nondisclosure period, the provider or 

25 the Board may notify the apparent owner 


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1 of the visual depiction in question about the 

2 proceeding, and include instructions on how 

3 the owner may move to join the proceeding 

4 under paragraph (13). 

5 (iii) If applicable, the nondisclosure 

6 period expires 120 days after the Board’s 

7 determination becomes final, except it shall 

8 expire immediately upon the Board’s deter9 mination becoming final if the Board finds 

10 that the visual depiction is not a proscribed 

11 visual depiction relating to a minor. 

12 (iv) The interested owner of a visual 

13 depiction may not bring any legal action 

14 against any party related to the proscribed 

15 visual depiction relating to a child until the 

16 Board’s determination is final. Once the de17 termination is final, the owner of the visual 

18 depiction may pursue any legal relief avail19 able under the law, subject to subsections 

20 (h), (k), and (l). 

21 (20) RESPONDING PARTY’S DEFAULT.—If the 

22 Board finds that service of the petition on the re23 sponding party could not reasonably be completed, or 

24 the responding party has failed to appear or has 

25 ceased participating in a proceeding, as demonstrated 


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1 by the responding party’s failure, without justifiable 

2 cause, to meet one or more deadlines or requirements 

3 set forth in the schedule adopted by the Board, the 

4 Board may enter a default determination, including 

5 the dismissal of any responses asserted by the re6 sponding party, as follows and in accordance with 

7 such other requirements as the Commission may es8 tablish by regulation: 

9 (A) The Board shall require the petitioning 

10 party to submit relevant evidence and other in11 formation in support of the petitioning party’s 

12 claims and, upon review of such evidence and 

13 any other requested submissions from the peti14 tioning party, shall determine whether the mate15 rials so submitted are sufficient to support a 

16 finding in favor of the petitioning party under 

17 applicable law and, if so, the appropriate relief 

18 and damages, if any, to be awarded. 

19 (B) If the Board makes an affirmative de20 termination under subparagraph (A), the Board 

21 shall prepare a proposed default determination, 

22 and shall provide written notice to the respond23 ing party at all addresses, including electronic 

24 mail addresses, reflected in the records of the 

25 proceeding before the Board, of the pendency of 


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1 a default determination by the Board and of the 

2 legal significance of such determination. Such 

3 notice shall be accompanied by the proposed de4 fault determination and shall provide that the 

5 responding party has a period of 30 days, begin6 ning on the date of the notice, to submit any evi7 dence or other information in opposition to the 

8 proposed default determination. 

9 (C) If the responding party responds to the 

10 notice provided under subparagraph (B) within 

11 the 30-day period provided in such subpara12 graph, the Board shall consider responding par13 ty’s submissions and, after allowing the peti14 tioning party to address such submissions, main15 tain, or amend its proposed determination as 

16 appropriate, and the resulting determination 

17 shall not be a default determination. 

18 (D) If the respondent fails to respond to the 

19 notice provided under subparagraph (B), the 

20 Board shall proceed to issue the default deter21 mination. Thereafter, the respondent may only 

22 challenge such determination to the extent per23 mitted under paragraph (28). 

24 (21) PETITIONING PARTY OR INTERESTED

25 OWNER’S FAILURE TO PROCEED.—If a petitioning 


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1 party or interested owner who has joined the pro2 ceeding fails to proceed, as demonstrated by the fail3 ure, without justifiable cause, to meet one or more 

4 deadlines or requirements set forth in the schedule 

5 adopted by the Board, the Board may, upon pro6 viding written notice to the petitioning party or in7 terested owner and a period of 30 days, beginning on 

8 the date of the notice, to respond to the notice, and 

9 after considering any such response, issue a deter10 mination dismissing the claims made by the peti11 tioning party or interested owner. The Board may 

12 order the petitioning party to pay attorney fees and 

13 costs under paragraph (26)(B), if appropriate. There14 after, the petitioning party may only challenge such 

15 determination to the extent permitted under para16 graph (28). 

17 (22) REQUEST FOR RECONSIDERATION.—A party 

18 or interested owner may, within 30 days after the 

19 date on which the Board issues a determination 

20 under paragraph (18), submit to the Board a written 

21 request for reconsideration of, or an amendment to, 

22 such determination if the party or interested owner 

23 identifies a clear error of law or fact material to the 

24 outcome, or a technical mistake. After providing the 

25 other parties an opportunity to address such request, 


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1 the Board shall either deny the request or issue an 

2 amended determination. 

3 (23) REVIEW BY COMMISSION.—If the Board de4 nies a party or interested owner a request for recon5 sideration of a determination under paragraph (22), 

6 the party or interested owner may, within 30 days 

7 after the date of such denial, request review of the de8 termination by the Commission in accordance with 

9 regulations established by the Commission. After pro10 viding the other party or interested owner an oppor11 tunity to address the request, the Commission shall ei12 ther deny the request for review, or remand the pro13 ceeding to the Board for reconsideration of issues 

14 specified in the remand and for issuance of an 

15 amended determination. Such amended determination 

16 shall not be subject to further consideration or review, 

17 other than under paragraph (28). 

18 (24) FAVORABLE RULING ON COMPLAINANT PETI19 TION.— 

20 (A) IN GENERAL.—If the Board grants a 

21 complainant’s petition filed under this section, 

22 notwithstanding any other law, the Board 

23 shall— 

24 (i) order the provider to immediately 

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1 ing to a child, and to permanently delete all 

2 copies of the visual depiction known to and 

3 under the control of the provider unless the 

4 Board orders the provider to preserve the 

5 visual depiction; 

6 (ii) impose a fine of $50,000 per pro7 scribed visual depiction relating to a child 

8 covered by the determination, but if the 

9 Board finds that— 

10 (I) the provider removed the pro11 scribed visual depiction relating to a 

12 child after the period set forth in sub13 section (c)(1)(A)(i), but before the com14 plainant filed a petition, such fine 

15 shall be $25,000; 

16 (II) the provider has engaged in 

17 recidivist hosting for the first time 

18 with respect to the proscribed visual 

19 depiction relating to a child in ques20 tion, such fine shall be $100,000 per 

21 proscribed visual depiction relating to 

22 a child; or 

23 (III) the provider has engaged in 

24 recidivist hosting of the proscribed vis25 ual depiction relating to a child in 


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1 question 2 or more times, such fine 

2 shall be $200,000 per proscribed visual 

3 depiction relating to a child; 

4 (iii) order the provider to pay reason5 able costs to the complainant; and 

6 (iv) refer any matters involving inten7 tional or willful conduct by a provider with 

8 respect to a proscribed visual depiction re9 lating to a child, or recidivist hosting, to 

10 the Attorney General for prosecution under 

11 any applicable laws. 

12 (B) PROVIDER PAYMENT OF FINE AND

13 COSTS.—Notwithstanding any other law, the 

14 Board shall direct a provider to promptly pay 

15 fines and costs imposed under subparagraph (A) 

16 as follows: 

17 (i) If the petition was filed by a vic18 tim, such fine and costs shall be paid to the 

19 victim. 

20 (ii) If the petition was filed by an au21 thorized representative of a victim— 

22 (I) 30 percent of such fine shall be 

23 paid to the authorized representative 

24 and 70 percent of such fine paid to the 

25 victim; and 


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1 (II) costs shall be paid to the au2 thorized representative. 

3 (iii) If the petition was filed by a 

4 qualified organization— 

5 (I) the fine shall be paid to the 

6 Child Pornography Victims Reserve as 

7 provided in section 2259B of title 18, 

8 United States Code; and 

9 (II) costs shall be paid to the 

10 qualified organization. 

11 (25) EFFECT OF DENIAL OF PROVIDER PETI12 TION.— 

13 (A) IN GENERAL.—If the Board denies a 

14 provider’s petition to contest a notification filed 

15 under paragraph (2), it shall order the provider 

16 to immediately remove the proscribed visual de17 piction relating to a child, and to permanently 

18 delete all copies of the visual depiction known to 

19 and under the control of the provider unless the 

20 Board orders the provider to preserve the visual 

21 depiction. 

22 (B) REFERRAL FOR FAILURE TO REMOVE

23 MATERIAL.—If a provider does not remove and, 

24 if applicable, permanently delete a proscribed 

25 visual depiction relating to a child within 48 


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1 hours of the Board issuing a determination 

2 under subparagraph (A), or not later than 2 

3 business days of the Board issuing a determina4 tion under subparagraph (A) concerning a small 

5 provider, the Board shall refer the matter to the 

6 Attorney General for prosecution under any ap7 plicable laws. 

8 (C) COSTS FOR FRIVOLOUS PETITION.—If 

9 the Board finds that a provider filed a petition 

10 under paragraph (2) for a harassing or im11 proper purpose or without reasonable basis in 

12 law or fact, the Board shall order the provider 

13 to pay the reasonable costs of the complainant. 

14 (26) EFFECT OF DENIAL OF COMPLAINANT’S PE15 TITION OR FAVORABLE RULING ON PROVIDER’S PETI16 TION.— 

17 (A) RESTORATION.—If the Board grants a 

18 provider’s petition filed under paragraph (2) or 

19 if the Board denies a petition filed by the com20 plainant under paragraph (1), the provider may 

21 restore access to any visual depiction that was at 

22 issue in the proceeding. 

23 (B) COSTS FOR INCOMPLETE OR FRIVOLOUS

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1 paragraph (A), the Board finds that the notifica2 tion contested in the petition could not be made 

3 complete under subsection (c)(2)(D), is frivolous, 

4 or is duplicative under subsection (c)(2)(C)(i), 

5 the Board may order the complainant to pay 

6 costs to the provider and any interested owner, 

7 which shall not exceed a total of $10,000, or, if 

8 the Board finds that the complainant filed the 

9 notification with an intent to harass the pro10 vider or any person, a total of $15,000. 

11 (27) CIVIL ACTION; OTHER RELIEF.— 

12 (A) IN GENERAL.—Whenever any provider 

13 or complainant fails to comply with a final de14 termination of the Board issued under para15 graph (18), the Department of Justice may com16 mence a civil action in a district court of the 

17 United States to enforce compliance with such 

18 determination. 

19 (B) SAVINGS CLAUSE.—Nothing in this sec20 tion shall be construed to limit the authority of 

21 the Commission or Department of Justice under 

22 any other provision of law. 

23 (28) CHALLENGES TO THE DETERMINATION.— 

24 (A) BASES FOR CHALLENGE.—Not later 

25 than 45 days after the date on which the Board 


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1 issues a determination or amended determina2 tion in a proceeding, or not later than 45 days 

3 after the date on which the Board completes any 

4 process of reconsideration or the Commission 

5 completes a review of the determination, which6 ever occurs later, a party may seek an order 

7 from a district court, located where the provider 

8 or complainant conducts business or resides, 

9 vacating, modifying, or correcting the determina10 tion of the Board in the following cases: 

11 (i) If the determination was issued as 

12 a result of fraud, corruption, misrepresenta13 tion, or other misconduct. 

14 (ii) If the Board exceeded its authority 

15 or failed to render a determination con16 cerning the subject matter at issue. 

17 (iii) In the case of a default determina18 tion or determination based on a failure to 

19 prosecute, if it is established that the default 

20 or failure was due to excusable neglect. 

21 (B) PROCEDURE TO CHALLENGE.— 

22 (i) NOTICE OF APPLICATION.—Notice 

23 of the application to challenge a determina24 tion of the Board shall be provided to all 

25 parties to the proceeding before the Board, 


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1 in accordance with the procedures applica2 ble to service of a motion in the court where 

3 the application is made. 

4 (ii) STAYING OF PROCEEDINGS.—For 

5 purposes of an application under this para6 graph, any judge who is authorized to issue 

7 an order to stay the proceedings in an any 

8 other action brought in the same court may 

9 issue an order, to be served with the notice 

10 of application, staying proceedings to en11 force the award while the challenge is pend12 ing. 

13 (29) FINAL DETERMINATION.—A determination 

14 of the Board shall be final on the date that all oppor15 tunities for a party or interested owner to seek recon16 sideration or review of a determination under para17 graph (22) or (23), or for a party to challenge the de18 termination under paragraph (28), have expired or 

19 are exhausted. 

20 (h) EFFECT OF PROCEEDING.— 

21 (1) SUBSEQUENT PROCEEDINGS.—The issuance 

22 of a final determination by the Board shall preclude 

23 the filing by any party of any subsequent petition 

24 that is based on the notification at issue in the final 

25 determination. This paragraph shall not limit the 


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1 ability of any party to file a subsequent petition 

2 based on any other notification. 

3 (2) DETERMINATION.—Except as provided in 

4 paragraph (1), the issuance of a final determination 

5 by the Board, including a default determination or 

6 determination based on a failure to prosecute, shall 

7 preclude relitigation of any allegation, factual claim, 

8 or response in any subsequent legal action or pro9 ceeding before any court, tribunal, or the Board, and 

10 may be relied upon for such purpose in a future ac11 tion or proceeding arising from the same specific ac12 tivity, subject to the following: 

13 (A) No party or interested owner may re14 litigate any allegation, factual claim, or response 

15 that was properly asserted and considered by the 

16 Board in any subsequent proceeding before the 

17 Board involving the same parties or interested 

18 owner and the same proscribed visual depiction 

19 relating to a minor. 

20 (B) A finding by the Board that a visual 

21 depiction constitutes a proscribed visual depic22 tion relating to a child— 

23 (i) may not be relitigated in any civil 

24 proceeding brought by an interested owner; 

25 and 


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1 (ii) may not be relied upon, and shall 

2 not have preclusive effect, in any other ac3 tion or proceeding involving any party be4 fore any court or tribunal other than the 

5 Board. 

6 (C) A determination by the Board shall not 

7 preclude litigation or relitigation as between the 

8 same or different parties before any court or tri9 bunal other than the Board of the same or simi10 lar issues of fact or law in connection with alle11 gations or responses not asserted or not finally 

12 determined by the Board. 

13 (D) Except to the extent permitted under 

14 this subsection, any final determination of the 

15 Board may not be cited or relied upon as legal 

16 precedent in any other action or proceeding be17 fore any court or tribunal other than the Board. 

18 (3) OTHER MATERIALS IN PROCEEDING.—A sub19 mission or statement of a party, interested owner, or 

20 witness made in connection with a proceeding before 

21 the Board, including a proceeding that is dismissed, 

22 may not serve as the basis of any action or pro23 ceeding before any court or tribunal except for any 

24 legal action related to perjury or for conduct described 

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1 ested owner, or witness may be received as evidence, 

2 in accordance with applicable rules, in any subse3 quent legal action or proceeding before any court, tri4 bunal, or the Board. 

5 (4) FAILURE TO ASSERT RESPONSE.—Except as 

6 provided in paragraph (1), the failure or inability to 

7 assert any allegation, factual claim, or response in a 

8 proceeding before the Board shall not preclude the as9 sertion of that response in any subsequent legal action 

10 or proceeding before any court, tribunal, or the 

11 Board. 

12 (i) ADMINISTRATION.—The Commission may issue 

13 regulations in accordance with section 553 of title 5, United 

14 States Code, to implement this section. 

15 (j) STUDY.— 

16 (1) IN GENERAL.—Not later than 3 years after 

17 the date on which Child Online Protection Board 

18 issues the first determination under this section, the 

19 Commission shall conduct, and report to Congress on, 

20 a study that addresses the following: 

21 (A) The use and efficacy of the Child Online 

22 Protection Board in expediting the removal of 

23 proscribed visual depictions relating to children 

24 and resolving disputes concerning said visual de25 pictions, including the number of proceedings the 


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1 Child Online Protection Board could reasonably 

2 administer with current allocated resources. 

3 (B) Whether adjustments to the authority of 

4 the Child Online Protection Board are necessary 

5 or advisable, including with respect to permis6 sible claims, responses, fines, costs, and joinder 

7 by interested parties. 

8 (C) Whether the Child Online Protection 

9 Board should be permitted to expire, be extended, 

10 or be expanded. 

11 (D) Such other matters as the Commission 

12 believes may be pertinent concerning the Child 

13 Online Protection Board. 

14 (2) CONSULTATION.—In conducting the study 

15 and completing the report required under paragraph 

16 (1), the Commission shall, to the extent feasible, con17 sult with complainants, victims, and providers to in18 clude their views on the matters addressed in the 

19 study and report. 

20 (k) LIMITED LIABILITY.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), a civil claim or criminal charge against 

23 the Board, a provider, a complainant, interested 

24 owner, or representative under subsection (f)(4), for 

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1 scribed visual depiction relating to a child for the sole 

2 and exclusive purpose of complying with the require3 ments of this section, or for the sole and exclusive 

4 purpose of seeking or providing legal advice in order 

5 to comply with this section, may not be brought in 

6 any Federal or State court. 

7 (2) INTENTIONAL, RECKLESS, OR OTHER MIS8 CONDUCT.—Paragraph (1) shall not apply to a claim 

9 against the Board, a provider, a complainant, inter10 ested owner, or representative under subsection 

11 (f)(4)— 

12 (A) for any conduct unrelated to compliance 

13 with the requirements of this section; 

14 (B) if the Board, provider, complainant, in15 terested owner, or representative under sub16 section (f)(4) (as applicable)— 

17 (i) engaged in intentional misconduct; 

18 or 

19 (ii) acted, or failed to act— 

20 (I) with actual malice; or 

21 (II) with reckless disregard to a 

22 substantial risk of causing physical in23 jury without legal justification; or 

24 (C) in the case of a claim against a com25 plainant, if the complainant falsely claims to be 


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1 a victim, an authorized representative of a vic2 tim, or a qualified organization. 

3 (3) MINIMIZING ACCESS.—The Board, a pro4 vider, a complainant, an interested owner, or a rep5 resentative under subsection (f)(4) shall— 

6 (A) minimize the number of individuals 

7 that are provided access to any alleged, con8 tested, or actual proscribed visual depictions re9 lating to a child under this section; 

10 (B) ensure that any alleged, contested, or 

11 actual proscribed visual depictions relating to a 

12 child are transmitted and stored in a secure 

13 manner and are not distributed to or accessed by 

14 any individual other than as needed to imple15 ment this section; and 

16 (C) ensure that all copies of any proscribed 

17 visual depictions relating to a child are perma18 nently deleted upon a request from the Board, 

19 Commission, or the Federal Bureau of Investiga20 tion. 

21 (l) PROVIDER IMMUNITY FROM CLAIMS BASED ON RE22 MOVAL OF VISUAL DEPICTION.—A provider shall not be lia23 ble to any person for any claim based on the provider’s good 

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1 tion, regardless of whether the visual depiction is found to 

2 be a proscribed visual depiction relating to a child by the 

3 Board. 

4 (m) CONTINUED APPLICABILITY OF FEDERAL, STATE, 

5 AND TRIBAL LAW.— 

6 (1) IN GENERAL.—This Act shall not be con7 strued to impair, supersede, or limit a provision of 

8 Federal, State, or Tribal law. 

9 (2) NO PREEMPTION.—Nothing in this Act shall 

10 prohibit a State or Tribal government from adopting 

11 and enforcing a provision of law governing child sex 

12 abuse material that is at least as protective of the 

13 rights of a victim as this section. 

14 (n) DISCOVERY.—Nothing in this Act affects discovery, 

15 a subpoena or any other court order, or any other judicial 

16 process otherwise in accordance with Federal or State law. 

17 (o) RULE OF CONSTRUCTION.—Nothing in this section 

18 shall be construed to relieve a provider from any obligation 

19 imposed on the provider under section 2258A of title 18, 

20 United States Code. 

21 (p) FUNDING.—There are authorized to be appro22 priated to pay the costs incurred by the Commission under 

23 this section, including the costs of establishing and main24 taining the Board and its facilities, $40,000,000 for each 

25 year during the period that begins with the year in which 


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1 this Act is enacted and ends with the year in which certain 

2 subsections of this section expire under subsection (q). 

3 (q) SUNSET.—Except for subsections (a), (h), (k), (l), 

4 (m), (n), (o), and (r), this section shall expire 5 years after 

5 the date on which the Child Online Protection Board issues 

6 its first determination under this section. 

7 (r) DEFINITIONS.—In this section: 

8 (1) BOARD.—The term ‘‘Board’’ means the Child 

9 Online Protection Board established under subsection 

10 (d). 

11 (2) CHILD SEXUAL ABUSE MATERIAL.—The term 

12 ‘‘child sexual abuse material’’ has the meaning pro13 vided in section 2256(8) of title 18, United States 

14 Code. 

15 (3) COMMISSION.—The term ‘‘Commission’’ 

16 means the Federal Trade Commission. 

17 (4) COMPLAINANT.—The term ‘‘complainant’’ 

18 means— 

19 (A) the victim appearing in the proscribed 

20 visual depiction relating to a child; 

21 (B) an authorized representative of the vic22 tim appearing in the proscribed visual depiction 

23 relating to a child; or 

24 (C) a qualified organization. 


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1 (5) DESIGNATED REPORTING SYSTEM.—The term 

2 ‘‘designated reporting system’’ means a digital means 

3 of submitting a notification to a provider under this 

4 subsection that is publicly and prominently available, 

5 easily accessible, and easy to use. 

6 (6) HOST.—The term ‘‘host’’ means to store or 

7 make a visual depiction available or accessible to the 

8 public or any users through digital means or on a 

9 system or network controlled or operated by or for a 

10 provider. 

11 (7) IDENTIFIABLE PERSON.—The term ‘‘identifi12 able person’’ means a person who is recognizable as 

13 an actual person by the person’s face, likeness, or 

14 other distinguishing characteristic, such as a unique 

15 birthmark or other recognizable feature. 

16 (8) INTERESTED OWNER.—The term ‘‘interested 

17 owner’’ means an individual who has joined a pro18 ceeding before the Board under subsection (g)(13). 

19 (9) PARTY.—The term ‘‘party’’ means the com20 plainant or provider. 

21 (10) PROSCRIBED VISUAL DEPICTION RELATING

22 TO A CHILD.—The term ‘‘proscribed visual depiction 

23 relating to a child’’ means child sexual abuse mate24 rial or a related exploitive visual depiction. 


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1 (11) PROVIDER.—The term ‘‘provider’’ means a 

2 provider of an interactive computer service, as that 

3 term is defined in section 230 of the Communications 

4 Act of 1934 (47 U.S.C. 230), and for purposes of sub5 sections (k) and (l), includes any director, officer, em6 ployee, or agent of such provider. 

7 (12) QUALIFIED ORGANIZATION.—The term 

8 ‘‘qualified organization’’ means an organization de9 scribed in section 501(c)(3) of the Internal Revenue 

10 Code of 1986 that is exempt from tax under section 

11 501(a) of that Code that works to address child sexual 

12 abuse material and to support victims of child sexual 

13 abuse material. 

14 (13) RECIDIVIST HOSTING.—The term ‘‘recidivist 

15 hosting’’ means, with respect to a provider, that the 

16 provider removes a proscribed visual depiction relat17 ing to a child pursuant to a notification or deter18 mination under this subsection, and then subsequently 

19 hosts a visual depiction that has the same hash value 

20 or other technical identifier as the visual depiction 

21 that had been so removed. 

22 (14) RELATED EXPLOITIVE VISUAL DEPICTION.— 

23 The term ‘‘related exploitive visual depiction’’ means 

24 a visual depiction of an identifiable person of any age 

25 where— 


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1 (A) such visual depiction does not constitute 

2 child sexual abuse material, but is published 

3 with child sexual abuse material depicting that 

4 person; and 

5 (B) there is a connection between such vis6 ual depiction and the child sexual abuse mate7 rial depicting that person that is readily appar8 ent from— 

9 (i) the content of such visual depiction 

10 and the child sexual abuse material; or 

11 (ii) the context in which such visual 

12 depiction and the child sexual abuse mate13 rial appear. 

14 (15) SMALL PROVIDER.—The term ‘‘small pro15 vider’’ means a provider that, for the most recent cal16 endar year, averaged less than 10,000,000 active users 

17 on a monthly basis in the United States. 

18 (16) VICTIM.— 

19 (A) IN GENERAL.—The term ‘‘victim’’ 

20 means an individual of any age who is depicted 

21 in child sexual abuse material while under 18 

22 years of age. 

23 (B) ASSUMPTION OF RIGHTS.—In the case 

24 of a victim who is under 18 years of age, incom25 petent, incapacitated, or deceased, the legal 


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1 guardian of the victim or representative of the 

2 victim’s estate, another family member, or any 

3 other person appointed as suitable by a court, 

4 may assume the victim’s rights to submit a noti5 fication or file a petition under this section, but 

6 in no event shall an individual who produced or 

7 conspired to produce the child sexual abuse mate8 rial depicting the victim be named as such rep9 resentative or guardian. 

10 (17) VISUAL DEPICTION.—The term ‘‘visual de11 piction’’ has the meaning provided in section 2256(5) 

12 of title 18, United States Code. 

13 SEC. 7. SEVERABILITY. 

14 If any provision of this Act, an amendment made by 

15 this Act, or the application of such provision or amendment 

16 to any person or circumstance is held to be unconstitu17 tional, the remainder of this Act and the amendments made 

18 by this Act, and the application of the provision or amend19 ment to any other person or circumstance, shall not be af20 fected. 


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Calendar No. 69 

118TH CONGRESS 

1ST SESSION S. 1199 

A BILL 

To combat the sexual exploitation of children by 

and transparency by the tech industry. supporting victims and promoting accountability 

MAY 15, 2023 

Reported with an amendment 


kjohnson on DSK79L0C42PROD with BILLS