EARN IT Act of 2023


Summary:  <p><strong></strong><b>Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2023 or the EARN IT Act of 2023</b></p> <p>This bill revises the federal framework governing the prevention of online sexual exploitation of children.</p> <p>The bill limits the liability protections of interactive computer service providers (e.g., Facebook and Twitter) with respect to claims alleging violations of child sexual exploitation laws.</p> <p>Additionally, the bill replaces various statutory references to <em>child pornography</em> and <em>material that contains child pornography</em> with <em>child sexual abuse material</em>.</p> <p>Finally, the bill makes changes to the reporting requirements for electronic communication service providers and remote computing service providers (providers) who report apparent instances of crimes involving the sexual exploitation of children to the National Center for Missing and Exploited Children. Among the changes, the bill requires providers to report facts and circumstances sufficient to identify and locate each minor and each involved individual. The bill also increases the amount of time that providers must preserve the contents of a report. </p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2732 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 2732

    To protect victims of online child sexual abuse, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 19, 2023

 Mrs. Wagner (for herself, Ms. Garcia of Texas, Mr. Owens, Ms. Jackson 
    Lee, Mr. Valadao, Mr. Moore of Utah, Mr. Donalds, Mr. Smith of 
  Missouri, and Mr. Calvert) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
   Committee on Energy and Commerce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To protect victims of online child sexual abuse, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eliminating Abusive and Rampant 
Neglect of Interactive Technologies Act of 2023'' or the ``EARN IT Act 
of 2023''.

SEC. 2. PROTECTING VICTIMS OF ONLINE CHILD SEXUAL ABUSE.

    Section 230(e) of the Communications Act of 1934 (47 U.S.C. 230(e)) 
is amended by adding at the end the following:
            ``(6) No effect on child sexual exploitation law.--Nothing 
        in this section (other than subsection (c)(2)(A)) shall be 
        construed to impair or limit--
                    ``(A) any claim in a civil action brought against a 
                provider of an interactive computer service under 
                section 2255 of title 18, United States Code, if the 
                conduct underlying the claim constitutes a violation of 
                section 2252 or section 2252A of that title;
                    ``(B) any charge in a criminal prosecution brought 
                against a provider of an interactive computer service 
                under State law regarding the advertisement, promotion, 
                presentation, distribution, or solicitation of child 
                sexual abuse material, as defined in section 2256(8) of 
                title 18, United States Code; or
                    ``(C) any claim in a civil action brought against a 
                provider of an interactive computer service under State 
                law regarding the advertisement, promotion, 
                presentation, distribution, or solicitation of child 
                sexual abuse material, as defined in section 2256(8) of 
                title 18, United States Code.
            ``(7) Encryption technologies.--
                    ``(A) In general.--Notwithstanding paragraph (6), 
                none of the following actions or circumstances shall 
                serve as an independent basis for liability of a 
                provider of an interactive computer service for a claim 
                or charge described in that paragraph:
                            ``(i) The provider utilizes full end-to-end 
                        encrypted messaging services, device 
                        encryption, or other encryption services.
                            ``(ii) The provider does not possess the 
                        information necessary to decrypt a 
                        communication.
                            ``(iii) The provider fails to take an 
                        action that would otherwise undermine the 
                        ability of the provider to offer full end-to-
                        end encrypted messaging services, device 
                        encryption, or other encryption services.
                    ``(B) Consideration of evidence.--Nothing in 
                subparagraph (A) shall be construed to prohibit a court 
                from considering evidence of actions or circumstances 
                described in that subparagraph if the evidence is 
                otherwise admissible.''.

SEC. 3. USE OF TERM ``CHILD SEXUAL ABUSE MATERIAL''.

    (a) Sense of Congress.--It is the sense of Congress that the term 
``child sexual abuse material'' has the same legal meaning as the term 
``child pornography'', as that term was used in Federal statutes and 
case law before the date of enactment of this Act.
    (b) Amendments.--
            (1) Title 5, united states code.--Chapter 65 of title 5, 
        United States Code, is amended--
                    (A) in section 6502(a)(2)(B), by striking ``child 
                pornography'' and inserting ``child sexual abuse 
                material''; and
                    (B) in section 6504(c)(2)(F), by striking ``child 
                pornography'' and inserting ``child sexual abuse 
                material''.
            (2) Homeland security act of 2002.--The Homeland Security 
        Act of 2002 (6 U.S.C. 101 et seq.) is amended--
                    (A) in section 307(b)(3)(D) (6 U.S.C. 
                187(b)(3)(D)), by striking ``child pornography'' and 
                inserting ``child sexual abuse material''; and
                    (B) in section 890A (6 U.S.C. 473)--
                            (i) in subsection (b)(2)(A)(ii), by 
                        striking ``child pornography'' and inserting 
                        ``child sexual abuse material''; and
                            (ii) in subsection (e)(3)(B)(ii), by 
                        striking ``child pornography'' and inserting 
                        ``child sexual abuse material''.
            (3) Immigration and nationality act.--Section 101(a)(43)(I) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(43)(I)) is amended by striking ``child pornography'' 
        and inserting ``child sexual abuse material''.
            (4) Small business jobs act of 2010.--Section 3011(c) of 
        the Small Business Jobs Act of 2010 (12 U.S.C. 5710(c)) is 
        amended by striking ``child pornography'' and inserting ``child 
        sexual abuse material''.
            (5) Broadband data improvement act.--Section 214(a)(2) of 
        the Broadband Data Improvement Act (15 U.S.C. 6554(a)(2)) is 
        amended by striking ``child pornography'' and inserting ``child 
        sexual abuse material''.
            (6) CAN-SPAM act of 2003.--Section 4(b)(2)(B) of the CAN-
        SPAM Act of 2003 (15 U.S.C. 7703(b)(2)(B)) is amended by 
        striking ``child pornography'' and inserting ``child sexual 
        abuse material''.
            (7) Title 18, united states code.--Title 18, United States 
        Code, is amended--
                    (A) in section 1956(c)(7)(D), by striking ``child 
                pornography'' each place the term appears and inserting 
                ``child sexual abuse material'';
                    (B) in chapter 110--
                            (i) in section 2251(e), by striking ``child 
                        pornography'' and inserting ``child sexual 
                        abuse material'';
                            (ii) in section 2252(b)--
                                    (I) in paragraph (1), by striking 
                                ``child pornography'' and inserting 
                                ``child sexual abuse material''; and
                                    (II) in paragraph (2), by striking 
                                ``child pornography'' and inserting 
                                ``child sexual abuse material'';
                            (iii) in section 2252A--
                                    (I) in the section heading, by 
                                striking ``material constituting or 
                                containing child pornography'' and 
                                inserting ``child sexual abuse 
                                material'';
                                    (II) in subsection (a)--
                                            (aa) in paragraph (1), by 
                                        striking ``child pornography'' 
                                        and inserting ``child sexual 
                                        abuse material'';
                                            (bb) in paragraph (2)--

                                                    (AA) in 
                                                subparagraph (A), by 
                                                striking ``child 
                                                pornography'' and 
                                                inserting ``child 
                                                sexual abuse 
                                                material''; and

                                                    (BB) in 
                                                subparagraph (B), by 
                                                striking ``material 
                                                that contains child 
                                                pornography'' and 
                                                inserting ``child 
                                                sexual abuse 
                                                material'';

                                            (cc) in paragraph (3)(A), 
                                        by striking ``child 
                                        pornography'' and inserting 
                                        ``child sexual abuse 
                                        material'';
                                            (dd) in paragraph (4)--

                                                    (AA) in 
                                                subparagraph (A), by 
                                                striking ``child 
                                                pornography'' and 
                                                inserting ``child 
                                                sexual abuse 
                                                material''; and

                                                    (BB) in 
                                                subparagraph (B), by 
                                                striking ``child 
                                                pornography'' and 
                                                inserting ``child 
                                                sexual abuse 
                                                material'';

                                            (ee) in paragraph (5)--

                                                    (AA) in 
                                                subparagraph (A), by 
                                                striking ``material 
                                                that contains an image 
                                                of child pornography'' 
                                                and inserting ``item 
                                                containing child sexual 
                                                abuse material''; and

                                                    (BB) in 
                                                subparagraph (B), by 
                                                striking ``material 
                                                that contains an image 
                                                of child pornography'' 
                                                and inserting ``item 
                                                containing child sexual 
                                                abuse material''; and

                                            (ff) in paragraph (7)--

                                                    (AA) by striking 
                                                ``child pornography'' 
                                                and inserting ``child 
                                                sexual abuse 
                                                material''; and

                                                    (BB) by striking 
                                                the period at the end 
                                                and inserting a comma;

                                    (III) in subsection (b)--
                                            (aa) in paragraph (1), by 
                                        striking ``child pornography'' 
                                        and inserting ``child sexual 
                                        abuse material''; and
                                            (bb) in paragraph (2), by 
                                        striking ``child pornography'' 
                                        each place the term appears and 
                                        inserting ``child sexual abuse 
                                        material'';
                                    (IV) in subsection (c)--
                                            (aa) in paragraph (1)(A), 
                                        by striking ``child 
                                        pornography'' and inserting 
                                        ``child sexual abuse 
                                        material'';
                                            (bb) in paragraph (2), by 
                                        striking ``child pornography'' 
                                        and inserting ``child sexual 
                                        abuse material''; and
                                            (cc) in the undesignated 
                                        matter following paragraph (2), 
                                        by striking ``child 
                                        pornography'' and inserting 
                                        ``child sexual abuse 
                                        material'';
                                    (V) in subsection (d)(1), by 
                                striking ``child pornography'' and 
                                inserting ``child sexual abuse 
                                material''; and
                                    (VI) in subsection (e), by striking 
                                ``child pornography'' each place the 
                                term appears and inserting ``child 
                                sexual abuse material'';
                            (iv) in section 2256(8)--
                                    (I) by striking ``child 
                                pornography'' and inserting ``child 
                                sexual abuse material''; and
                                    (II) by striking the period at the 
                                end and inserting a semicolon;
                            (v) in section 2257A(h)--
                                    (I) in paragraph (1)(A)(iii)--
                                            (aa) by inserting a comma 
                                        after ``marketed'';
                                            (bb) by striking ``such 
                                        than'' and inserting ``such 
                                        that''; and
                                            (cc) by striking ``a visual 
                                        depiction that is child 
                                        pornography'' and inserting 
                                        ``child sexual abuse 
                                        material''; and
                                    (II) in paragraph (2), by striking 
                                ``any visual depiction that is child 
                                pornography'' and inserting ``child 
                                sexual abuse material'';
                            (vi) in section 2258A--
                                    (I) in subsection (a)(2)--
                                            (aa) in subparagraph (A), 
                                        by striking ``child 
                                        pornography'' and inserting 
                                        ``child sexual abuse 
                                        material''; and
                                            (bb) in subparagraph (B), 
                                        by striking ``child 
                                        pornography'' and inserting 
                                        ``child sexual abuse 
                                        material'';
                                    (II) in subsection (b)--
                                            (aa) in paragraph (4)--

                                                    (AA) in the 
                                                paragraph heading, by 
                                                striking ``Visual 
                                                depictions of apparent 
                                                child pornography'' and 
                                                inserting ``Apparent 
                                                child sexual abuse 
                                                material''; and

                                                    (BB) by striking 
                                                ``visual depiction of 
                                                apparent child 
                                                pornography'' and 
                                                inserting ``apparent 
                                                child sexual abuse 
                                                material''; and

                                            (bb) in paragraph (5), by 
                                        striking ``visual depiction of 
                                        apparent child pornography'' 
                                        and inserting ``apparent child 
                                        sexual abuse material''; and
                                    (III) in subsection (g)(2)(B), by 
                                striking ``visual depictions of 
                                apparent child pornography'' and 
                                inserting ``apparent child sexual abuse 
                                material'';
                            (vii) in section 2258C--
                                    (I) in the section heading, by 
                                striking ``Use to combat child 
                                pornography of technical elements 
                                relating to reports made to the 
                                CyberTipline'' and inserting ``Use of 
                                technical elements from reports made to 
                                the CyberTipline to combat child sexual 
                                abuse material'';
                                    (II) in subsection (a)--
                                            (aa) in paragraph (2), by 
                                        striking ``child pornography'' 
                                        and inserting ``child sexual 
                                        abuse material''; and
                                            (bb) in paragraph (3), by 
                                        striking ``the actual visual 
                                        depictions of apparent child 
                                        pornography'' and inserting 
                                        ``any apparent child sexual 
                                        abuse material'';
                                    (III) in subsection (d), by 
                                striking ``child pornography visual 
                                depiction'' and inserting ``child 
                                sexual abuse material visual 
                                depiction''; and
                                    (IV) in subsection (e), by striking 
                                ``child pornography visual depiction'' 
                                and inserting ``child sexual abuse 
                                material visual depiction'';
                            (viii) in section 2259--
                                    (I) in paragraph (b)(2)--
                                            (aa) in the paragraph 
                                        heading, by striking ``child 
                                        pornography'' and inserting 
                                        ``child sexual abuse 
                                        material'';
                                            (bb) in the matter 
                                        preceding subparagraph (A), by 
                                        striking ``child pornography'' 
                                        and inserting ``child sexual 
                                        abuse material''; and
                                            (cc) in subparagraph (A), 
                                        by striking ``child 
                                        pornography'' and inserting 
                                        ``child sexual abuse 
                                        material'';
                                    (II) in subsection (c)--
                                            (aa) in paragraph (1)--

                                                    (AA) in the 
                                                paragraph heading, by 
                                                striking ``Child 
                                                pornography 
                                                production'' and 
                                                inserting ``Production 
                                                of child sexual abuse 
                                                material'';

                                                    (BB) by striking 
                                                ``child pornography 
                                                production'' and 
                                                inserting ``production 
                                                of child sexual abuse 
                                                material''; and

                                                    (CC) by striking 
                                                ``production of child 
                                                pornography'' and 
                                                inserting ``production 
                                                of child sexual abuse 
                                                material'';

                                            (bb) in paragraph (2), in 
                                        the matter preceding 
                                        subparagraph (A), by striking 
                                        ``trafficking in child 
                                        pornography offenses'' each 
                                        place the term appears and 
                                        inserting ``offenses for 
                                        trafficking in child sexual 
                                        abuse material''; and
                                            (cc) in paragraph (3)--

                                                    (AA) in the 
                                                paragraph heading, by 
                                                striking ``child 
                                                pornography'' and 
                                                inserting ``child 
                                                sexual abuse 
                                                material''; and

                                                    (BB) by striking 
                                                ``child pornography'' 
                                                and inserting ``child 
                                                sexual abuse 
                                                material''; and

                                    (III) in subsection (d)(1)--
                                            (aa) in subparagraph (A)--

                                                    (AA) by striking 
                                                ``child pornography'' 
                                                each place the term 
                                                appears and inserting 
                                                ``child sexual abuse 
                                                material''; and

                                                    (BB) by striking 
                                                ``Child Pornography 
                                                Victims Reserve'' and 
                                                inserting ``Reserve for 
                                                Victims of Child Sexual 
                                                Abuse Material'';

                                            (bb) in subparagraph (B), 
                                        by striking ``child 
                                        pornography'' and inserting 
                                        ``child sexual abuse 
                                        material''; and
                                            (cc) in subparagraph (C)--

                                                    (AA) by striking 
                                                ``child pornography'' 
                                                and inserting ``child 
                                                sexual abuse 
                                                material''; and

                                                    (BB) by striking 
                                                ``Child Pornography 
                                                Victims Reserve'' and 
                                                inserting ``Reserve for 
                                                Victims of Child Sexual 
                                                Abuse Material'';

                            (ix) in section 2259A--
                                    (I) in the section heading, by 
                                striking ``child pornography cases'' 
                                and inserting ``cases involving child 
                                sexual abuse material'';
                                    (II) in subsection (a)--
                                            (aa) in paragraph (2), by 
                                        striking ``child pornography'' 
                                        and inserting ``child sexual 
                                        abuse material''; and
                                            (bb) in paragraph (3), by 
                                        striking ``a child pornography 
                                        production offense'' and 
                                        inserting ``an offense for 
                                        production of child sexual 
                                        abuse material''; and
                                    (III) in subsection (d)(2)(B), by 
                                striking ``child pornography production 
                                or trafficking offense that the 
                                defendant committed'' and inserting 
                                ``offense for production of child 
                                sexual abuse material or trafficking in 
                                child sexual abuse material committed 
                                by the defendant''; and
                            (x) in section 2259B--
                                    (I) in the section heading, by 
                                striking ``Child pornography victims 
                                reserve'' and inserting ``Reserve for 
                                child sexual abuse material'';
                                    (II) in subsection (a), by striking 
                                ``Child Pornography Victims Reserve'' 
                                each place the term appears and 
                                inserting ``Reserve for Victims of 
                                Child Sexual Abuse Material'';
                                    (III) in subsection (b), by 
                                striking ``Child Pornography Victims 
                                Reserve'' each place the term appears 
                                and inserting ``Reserve for Victims of 
                                Child Sexual Abuse Material''; and
                                    (IV) in subsection (c), by striking 
                                ``Child Pornography Victims Reserve'' 
                                and inserting ``Reserve for Victims of 
                                Child Sexual Abuse Material''; and
                    (C) in chapter 117--
                            (i) in section 2423(f)(3), by striking 
                        ``child pornography'' and inserting ``child 
                        sexual abuse material''; and
                            (ii) in section 2427--
                                    (I) in the section heading, by 
                                striking ``child pornography'' and 
                                inserting ``child sexual abuse 
                                material''; and
                                    (II) by striking ``child 
                                pornography'' and inserting ``child 
                                sexual abuse material'';
                    (D) in section 2516--
                            (i) in paragraph (1)(c), by striking 
                        ``material constituting or containing child 
                        pornography'' and inserting ``child sexual 
                        abuse material''; and
                            (ii) in paragraph (2), by striking ``child 
                        pornography production'' and inserting 
                        ``production of child sexual abuse material'';
                    (E) in section 3014(h)(3), by striking ``child 
                pornography victims'' and inserting ``victims of child 
                sexual abuse material'';
                    (F) in section 3509--
                            (i) in subsection (a)(6), by striking 
                        ``child pornography'' and inserting ``child 
                        sexual abuse material''; and
                            (ii) in subsection (m)--
                                    (I) in the subsection heading, by 
                                striking ``Child Pornography'' and 
                                inserting ``Child Sexual Abuse 
                                Material'';
                                    (II) in paragraph (1), by striking 
                                ``property or material that constitutes 
                                child pornography (as defined by 
                                section 2256 of this title)'' and 
                                inserting ``child sexual abuse material 
                                (as defined by section 2256 of this 
                                title), or property or items containing 
                                such material,'';
                                    (III) in paragraph (2)--
                                            (aa) in subparagraph (A)--

                                                    (AA) by striking 
                                                ``property or material 
                                                that constitutes child 
                                                pornography (as defined 
                                                by section 2256 of this 
                                                title)'' and inserting 
                                                ``child sexual abuse 
                                                material (as defined by 
                                                section 2256 of this 
                                                title), or property or 
                                                items containing such 
                                                material,''; and

                                                    (BB) by striking 
                                                ``the property or 
                                                material'' and 
                                                inserting ``the child 
                                                sexual abuse material, 
                                                property, or items''; 
                                                and

                                            (bb) in subparagraph (B), 
                                        by striking ``property or 
                                        material'' each place the term 
                                        appears and inserting ``child 
                                        sexual abuse material, 
                                        property, or items''; and
                                    (IV) in paragraph (3)--
                                            (aa) by striking ``property 
                                        or material that constitutes 
                                        child pornography, as defined 
                                        under section 2256(8)'' and 
                                        inserting ``child sexual abuse 
                                        material (as defined by section 
                                        2256 of this title)'';
                                            (bb) by striking ``such 
                                        child pornography'' and 
                                        inserting ``such child sexual 
                                        abuse material''; and
                                            (cc) by striking ``Such 
                                        property or material'' and 
                                        inserting ``Such child sexual 
                                        abuse material''; and
                    (G) in section 3632(d)(4)(D)(xlii), by striking 
                ``material constituting or containing child 
                pornography'' and inserting ``child sexual abuse 
                material''.
            (8) Tariff act of 1930.--Section 583(a)(2)(B) of the Tariff 
        Act of 1930 (19 U.S.C. 1583(a)(2)(B)) is amended by striking 
        ``child pornography'' and inserting ``child sexual abuse 
        material''.
            (9) Elementary and secondary education act of 1965.--
        Section 4121 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7131) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1)(A)(ii), by striking 
                        ``child pornography'' and inserting ``child 
                        sexual abuse material''; and
                            (ii) in paragraph (2)(A)(ii), by striking 
                        ``child pornography'' and inserting ``child 
                        sexual abuse material''; and
                    (B) in subsection (e)(5)--
                            (i) in the paragraph heading, by striking 
                        ``Child pornography'' and inserting ``Child 
                        sexual abuse material''; and
                            (ii) by striking ``child pornography'' and 
                        inserting ``child sexual abuse material''.
            (10) Museum and library services act.--Section 224(f) of 
        the Museum and Library Services Act (20 U.S.C. 9134(f)) is 
        amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)(i)(II), by striking 
                        ``child pornography'' and inserting ``child 
                        sexual abuse material''; and
                            (ii) in subparagraph (B)(i)(II), by 
                        striking ``child pornography'' and inserting 
                        ``child sexual abuse material''; and
                    (B) in paragraph (7)(A)--
                            (i) in the subparagraph heading, by 
                        striking ``Child pornography'' and inserting 
                        ``Child sexual abuse material''; and
                            (ii) by striking ``child pornography'' and 
                        inserting ``child sexual abuse material''.
            (11) Omnibus crime control and safe streets act of 1968.--
        Section 3031(b)(3) of title I of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (34 U.S.C. 10721(b)(3)) is amended by 
        striking ``child pornography'' and inserting ``child sexual 
        abuse material''.
            (12) Juvenile justice and delinquency prevention act of 
        1974.--Section 404(b)(1)(K) of the Juvenile Justice and 
        Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)) 
        is amended--
                    (A) in clause (i)(I)(aa), by striking ``child 
                pornography'' and inserting ``child sexual abuse 
                material''; and
                    (B) in clause (ii), by striking ``child 
                pornography'' and inserting ``child sexual abuse 
                material''.
            (13) Victims of crime act of 1984.--Section 1402(d)(6)(A) 
        of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)(6)(A)) 
        is amended by striking ``Child Pornography Victims Reserve'' 
        and inserting ``Reserve for Victims of Child Sexual Abuse 
        Material''.
            (14) Victims of child abuse act of 1990.--The Victims of 
        Child Abuse Act of 1990 (34 U.S.C. 20301 et seq.) is amended--
                    (A) in section 212(4) (34 U.S.C. 20302(4)), by 
                striking ``child pornography'' and inserting ``child 
                sexual abuse material'';
                    (B) in section 214(b) (34 U.S.C. 20304(b))--
                            (i) in the subsection heading, by striking 
                        ``Child Pornography'' and inserting ``Child 
                        Sexual Abuse Material''; and
                            (ii) by striking ``child pornography'' and 
                        inserting ``child sexual abuse material''; and
                    (C) in section 226(c)(6) (34 U.S.C. 20341(c)(6)), 
                by striking ``child pornography'' and inserting ``child 
                sexual abuse material''.
            (15) Sex offender registration and notification act.--
        Section 111 of the Sex Offender Registration and Notification 
        Act (34 U.S.C. 20911) is amended--
                    (A) in paragraph (3)(B)(iii), by striking ``child 
                pornography'' and inserting ``child sexual abuse 
                material''; and
                    (B) in paragraph (7)(G), by striking ``child 
                pornography'' and inserting ``child sexual abuse 
                material''.
            (16) Adam walsh child protection and safety act of 2006.--
        Section 143(b)(3) of the Adam Walsh Child Protection and Safety 
        Act of 2006 (34 U.S.C. 20942(b)(3)) is amended by striking 
        ``child pornography and enticement cases'' and inserting 
        ``cases involving child sexual abuse material and enticement of 
        children''.
            (17) PROTECT our children act of 2008.--The PROTECT Our 
        Children Act of 2008 (34 U.S.C. 21101 et seq.) is amended--
                    (A) in section 101(c) (34 U.S.C. 21111(c))--
                            (i) in paragraph (16)--
                                    (I) in the matter preceding 
                                subparagraph (A), by striking ``child 
                                pornography trafficking'' and inserting 
                                ``trafficking in child sexual abuse 
                                material'';
                                    (II) in subparagraph (A), by 
                                striking ``child pornography'' and 
                                inserting ``child sexual abuse 
                                material'';
                                    (III) in subparagraph (B), by 
                                striking ``child pornography'' and 
                                inserting ``child sexual abuse 
                                material'';
                                    (IV) in subparagraph (C), by 
                                striking ``child pornography'' and 
                                inserting ``child sexual abuse 
                                material''; and
                                    (V) in subparagraph (D), by 
                                striking ``child pornography'' and 
                                inserting ``child sexual abuse 
                                material''; and
                            (ii) in paragraph (17)(A), by striking 
                        ``child pornography'' and inserting ``child 
                        sexual abuse material''; and
                    (B) in section 105(e)(1)(C) (34 U.S.C. 
                21115(e)(1)(C)), by striking ``child pornography 
                trafficking'' and inserting ``trafficking in child 
                sexual abuse material''.
            (18) Social security act.--Section 471(a)(20)(A)(i) of the 
        Social Security Act (42 U.S.C. 671(a)(20)(A)(i)) is amended by 
        striking ``child pornography'' and inserting ``offenses 
        involving child sexual abuse material''.
            (19) Privacy protection act of 1980.--Section 101 of the 
        Privacy Protection Act of 1980 (42 U.S.C. 2000aa) is amended--
                    (A) in subsection (a)(1), by striking ``child 
                pornography'' and inserting ``child sexual abuse 
                material''; and
                    (B) in subsection (b)(1), by striking ``child 
                pornography'' and inserting ``child sexual abuse 
                material''.
            (20) Child care and development block grant act of 1990.--
        Section 658H(c)(1) of the Child Care and Development Block 
        Grant Act of 1990 (42 U.S.C. 9858f(c)(1)) is amended--
                    (A) in subparagraph (D)(iii), by striking ``child 
                pornography'' and inserting ``offenses relating to 
                child sexual abuse material''; and
                    (B) in subparagraph (E), by striking ``child 
                pornography'' and inserting ``child sexual abuse 
                material''.
            (21) Communications act of 1934.--Title II of the 
        Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended--
                    (A) in section 223 (47 U.S.C. 223)--
                            (i) in subsection (a)(1)--
                                    (I) in subparagraph (A), in the 
                                undesignated matter following clause 
                                (ii), by striking ``child pornography'' 
                                and inserting ``which constitutes child 
                                sexual abuse material''; and
                                    (II) in subparagraph (B), in the 
                                undesignated matter following clause 
                                (ii), by striking ``child pornography'' 
                                and inserting ``which constitutes child 
                                sexual abuse material''; and
                            (ii) in subsection (d)(1), in the 
                        undesignated matter following subparagraph (B), 
                        by striking ``child pornography'' and inserting 
                        ``that constitutes child sexual abuse 
                        material''; and
                    (B) in section 254(h) (47 U.S.C. 254(h))--
                            (i) in paragraph (5)--
                                    (I) in subparagraph (B)(i)(II), by 
                                striking ``child pornography'' and 
                                inserting ``child sexual abuse 
                                material''; and
                                    (II) in subparagraph (C)(i)(II), by 
                                striking ``child pornography'' and 
                                inserting ``child sexual abuse 
                                material'';
                            (ii) in paragraph (6)--
                                    (I) in subparagraph (B)(i)(II), by 
                                striking ``child pornography'' and 
                                inserting ``child sexual abuse 
                                material''; and
                                    (II) in subparagraph (C)(i)(II), by 
                                striking ``child pornography'' and 
                                inserting ``child sexual abuse 
                                material''; and
                            (iii) in paragraph (7)(F)--
                                    (I) in the subparagraph heading, by 
                                striking ``Child pornography'' and 
                                inserting ``Child sexual abuse 
                                material''; and
                                    (II) by striking ``child 
                                pornography'' and inserting ``child 
                                sexual abuse material''.
    (c) Table of Sections Amendments.--
            (1) Chapter 110 of title 18.--The table of sections for 
        chapter 110 of title 18, United States Code, is amended--
                    (A) by striking the item relating to section 2252A 
                and inserting the following:

``2252A. Certain activities relating to child sexual abuse material.'';
                    (B) by striking the item relating to section 2258C 
                and inserting the following:

``2258C. Use of technical elements from reports made to the 
                            CyberTipline to combat child sexual abuse 
                            material.'';
                    (C) by striking the item relating to section 2259A 
                and inserting the following:

``2259A. Assessments in cases involving child sexual abuse material.'';
                and
                    (D) by striking the item relating to section 2259B 
                and inserting the following:

``2259B. Reserve for victims of child sexual abuse material.''.
            (2) Chapter 117 of title 18.--The table of sections for 
        chapter 117 of title 18, United States Code, is amended by 
        striking the item relating to section 2427 and inserting the 
        following:

``2427. Inclusion of offenses relating to child sexual abuse material 
                            in definition of sexual activity for which 
                            any person can be charged with a criminal 
                            offense.''.
    (d) Amendment to the Federal Sentencing Guidelines.--Pursuant to 
its authority under section 994(p) of title 28, United States Code, and 
in accordance with this section, the United States Sentencing 
Commission shall amend the Federal sentencing guidelines, including 
application notes, to replace the terms ``child pornography'' and 
``child pornographic material'' with ``child sexual abuse material''.
    (e) Effective Date.--The amendments made by this section to title 
18 of the United States Code shall apply to conduct that occurred 
before, on, or after the date of enactment of this Act.

SEC. 4. MODERNIZING THE CYBERTIPLINE.

    (a) In General.--Chapter 110 of title 18, United States Code, is 
amended--
            (1) in section 2258A, as amended by section 6(b) of this 
        Act--
                    (A) in subsection (a)--
                            (i) in paragraph (1)(B)(ii), by inserting 
                        after ``facts or circumstances'' the following: 
                        ``, including any available facts or 
                        circumstances sufficient to identify and locate 
                        each minor and each involved individual,''; and
                            (ii) in paragraph (2)(A)--
                                    (I) by inserting ``1591 (if the 
                                violation involves a minor),'' before 
                                ``2251,''; and
                                    (II) by striking ``or 2260'' and 
                                inserting ``2260, or 2422(b)'';
                    (B) in subsection (b)--
                            (i) in paragraph (1)--
                                    (I) by inserting ``or location'' 
                                after ``identity''; and
                                    (II) by striking ``other 
                                identifying information,'' and 
                                inserting ``other information which may 
                                identify or locate the involved 
                                individual,'';
                            (ii) by redesignating paragraphs (2) 
                        through (5) as paragraphs (3) through (6), 
                        respectively;
                            (iii) by inserting after paragraph (1) the 
                        following:
            ``(2) Information about the involved minor.--Information 
        relating to the identity or location of any involved minor, 
        which may, to the extent reasonably practicable, include the 
        electronic mail address, Internet Protocol address, uniform 
        resource locator, or any other information which may identify 
        or locate any involved minor, including self-reported 
        identifying information.''; and
                            (iv) by adding at the end the following:
            ``(7) Formatting of reports.--When in its discretion a 
        provider voluntarily includes any content described in this 
        subsection in a report to the CyberTipline, the provider shall 
        use best efforts to ensure that the report conforms with the 
        structure of the CyberTipline.''; and
                    (C) in subsection (d)(5)(B)--
                            (i) in clause (i), by striking 
                        ``forwarded'' and inserting ``made available''; 
                        and
                            (ii) in clause (ii), by striking 
                        ``forwarded'' and inserting ``made available'';
            (2) in section 2258B--
                    (A) in subsection (a)--
                            (i) by striking ``arising from the 
                        performance'' and inserting the following: ``, 
                        may not be brought in any Federal or State 
                        court if the claim or charge is directly 
                        attributable to--
            ``(1) the performance'';
                            (ii) in paragraph (1), as so designated, by 
                        striking ``may not be brought in any Federal or 
                        State court.'' and inserting a semicolon; and
                            (iii) by adding at the end the following:
            ``(2) transmitting, distributing, or mailing child sexual 
        abuse material to any Federal, State, or local law enforcement 
        agency, or giving such agency access to child sexual abuse 
        material, in response to a search warrant, court order, or 
        other legal process issued by such agency; or
            ``(3) research voluntarily undertaken by the provider or 
        domain name registrar using any material being preserved under 
        section 2258A(h), if the research is only for the purpose of--
                    ``(A) improving or facilitating reporting under 
                this section, section 2258A, or section 2258C; or
                    ``(B) stopping the online sexual exploitation of 
                children.''; and
                    (B) in subsection (b)(2)(C)--
                            (i) by striking ``the performance of'';
                            (ii) by inserting ``described in or 
                        performed'' after ``function''; and
                            (iii) by striking ``this section, 
                        sections'' and inserting ``this section or 
                        section''; and
            (3) in section 2258C, as amended by section 6(b) of this 
        Act--
                    (A) in the section heading, by striking ``the 
                CyberTipline'' and inserting ``NCMEC'';
                    (B) in subsection (a)--
                            (i) in paragraph (1)--
                                    (I) by striking ``NCMEC'' and 
                                inserting the following:
                    ``(A) Provision to providers.--NCMEC'';
                                    (II) in subparagraph (A), as so 
                                designated, by inserting ``or 
                                submission to the child victim 
                                identification program described in 
                                section 404(b)(1)(K)(ii) of the 
                                Juvenile Justice and Delinquency 
                                Prevention Act of 1974 (34 U.S.C. 
                                11293(b)(1)(K)(ii))'' after 
                                ``CyberTipline report''; and
                                    (III) by adding at the end the 
                                following:
                    ``(B) Provision to non-profit entities.--NCMEC may 
                provide hash values or similar technical identifiers 
                associated with visual depictions provided in a 
                CyberTipline report or submission to the child victim 
                identification program described in section 
                404(b)(1)(K)(ii) of the Juvenile Justice and 
                Delinquency Prevention Act of 1974 (34 U.S.C. 
                11293(b)(1)(K)(ii)) to a non-profit entity for the sole 
                and exclusive purpose of preventing and curtailing the 
                online sexual exploitation of children.''; and
                            (ii) in paragraph (2)--
                                    (I) by inserting ``(A)'' after 
                                ``(1)'';
                                    (II) by inserting ``or submission 
                                to the child victim identification 
                                program described in section 
                                404(b)(1)(K)(ii) of the Juvenile 
                                Justice and Delinquency Prevention Act 
                                of 1974 (34 U.S.C. 
                                11293(b)(1)(K)(ii))'' after 
                                ``CyberTipline report''; and
                                    (III) by adding at the end the 
                                following: ``The elements authorized 
                                under paragraph (1)(B) shall be limited 
                                to hash values or similar technical 
                                identifiers associated with visual 
                                depictions provided in a CyberTipline 
                                report or submission to the child 
                                victim identification program described 
                                in section 404(b)(1)(K)(ii) of the 
                                Juvenile Justice and Delinquency 
                                Prevention Act of 1974 (34 U.S.C. 
                                11293(b)(1)(K)(ii)).''; and
                    (C) in subsection (d), by inserting ``or to the 
                child victim identification program described in 
                section 404(b)(1)(K)(ii) of the Juvenile Justice and 
                Delinquency Prevention Act of 1974 (34 U.S.C. 
                11293(b)(1)(K)(ii))'' after ``CyberTipline''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 110 of title 18, United States Code, is amended by striking the 
item relating to section 2258C (as amended by section 6(c)(1)(B) of 
this Act) and inserting the following:

``2258C. Use of technical elements from reports made to NCMEC to combat 
                            child sexual abuse material.''.

SEC. 5. ELIMINATING NETWORK DISTRIBUTION OF CHILD EXPLOITATION.

    Section 2258A(h) of title 18, United States Code, is amended--
            (1) in paragraph (1), by striking ``90 days'' and inserting 
        ``1 year''; and
            (2) by adding at the end the following:
            ``(5) Extension of preservation.--A provider of a report to 
        the CyberTipline may voluntarily preserve the contents provided 
        in the report (including any comingled content described in 
        paragraph (2)) for longer than 1 year after the submission to 
        the CyberTipline for the purpose of reducing the proliferation 
        of online child sexual exploitation or preventing the online 
        sexual exploitation of children.''.

SEC. 6. SEVERABILITY.

    If any provision of this Act or any amendment made by this Act, or 
any application of such provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of the 
provisions of this Act and the amendments made by this Act, and the 
application of the provision or amendment to any other person or 
circumstance, shall not be affected.
                                 &lt;all&gt;
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