EARN IT Act of 2023

To protect victims of online child sexual abuse, and for other purposes. 1. Short title This Act may be cited as the Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2023 EARN IT Act of 2023 2. Protecting victims of online child sexual abuse Section 230(e) of the Communications Act of 1934 ( 47 U.S.C. 230(e) (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. . 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 child pornography (b) Amendments (1) Title 5, United States Code Chapter 65 (A) in section 6502(a)(2)(B), by striking child pornography child sexual abuse material (B) in section 6504(c)(2)(F), by striking child pornography child sexual abuse material (2) Homeland Security Act of 2002 The Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. (A) in section 307(b)(3)(D) ( 6 U.S.C. 187(b)(3)(D) child pornography child sexual abuse material (B) in section 890A ( 6 U.S.C. 473 (i) in subsection (b)(2)(A)(ii), by striking child pornography child sexual abuse material (ii) in subsection (e)(3)(B)(ii), by striking child pornography 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) child pornography 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) child pornography 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) child pornography 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) child pornography 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 child sexual abuse material (B) in chapter 110— (i) in section 2251(e), by striking child pornography child sexual abuse material (ii) in section 2252(b)— (I) in paragraph (1), by striking child pornography child sexual abuse material (II) in paragraph (2), by striking child pornography child sexual abuse material (iii) in section 2252A— (I) in the section heading, by striking material constituting or containing child pornography child sexual abuse material (II) in subsection (a)— (aa) in paragraph (1), by striking child pornography child sexual abuse material (bb) in paragraph (2)— (AA) in subparagraph (A), by striking child pornography child sexual abuse material (BB) in subparagraph (B), by striking material that contains child pornography child sexual abuse material (cc) in paragraph (3)(A), by striking child pornography child sexual abuse material (dd) in paragraph (4)— (AA) in subparagraph (A), by striking child pornography child sexual abuse material (BB) in subparagraph (B), by striking child pornography child sexual abuse material (ee) in paragraph (5)— (AA) in subparagraph (A), by striking material that contains an image of child pornography item containing child sexual abuse material (BB) in subparagraph (B), by striking material that contains an image of child pornography item containing child sexual abuse material (ff) in paragraph (7)— (AA) by striking child pornography child sexual abuse material (BB) by striking the period at the end and inserting a comma; (III) in subsection (b)— (aa) in paragraph (1), by striking child pornography child sexual abuse material (bb) in paragraph (2), by striking child pornography child sexual abuse material (IV) in subsection (c)— (aa) in paragraph (1)(A), by striking child pornography child sexual abuse material (bb) in paragraph (2), by striking child pornography child sexual abuse material (cc) in the undesignated matter following paragraph (2), by striking child pornography child sexual abuse material (V) in subsection (d)(1), by striking child pornography child sexual abuse material (VI) in subsection (e), by striking child pornography child sexual abuse material (iv) in section 2256(8)— (I) by striking child pornography child sexual abuse material (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 such that (cc) by striking a visual depiction that is child pornography child sexual abuse material (II) in paragraph (2), by striking any visual depiction that is child pornography child sexual abuse material (vi) in section 2258A— (I) in subsection (a)(2)— (aa) in subparagraph (A), by striking child pornography child sexual abuse material (bb) in subparagraph (B), by striking child pornography 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 Apparent child sexual abuse material (BB) by striking visual depiction of apparent child pornography apparent child sexual abuse material (bb) in paragraph (5), by striking visual depiction of apparent child pornography apparent child sexual abuse material (III) in subsection (g)(2)(B), by striking visual depictions of apparent child pornography 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 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 child sexual abuse material (bb) in paragraph (3), by striking the actual visual depictions of apparent child pornography any apparent child sexual abuse material (III) in subsection (d), by striking child pornography visual depiction child sexual abuse material visual depiction (IV) in subsection (e), by striking child pornography visual depiction child sexual abuse material visual depiction (viii) in section 2259— (I) in paragraph (b)(2)— (aa) in the paragraph heading, by striking child pornography child sexual abuse material (bb) in the matter preceding subparagraph (A), by striking child pornography child sexual abuse material (cc) in subparagraph (A), by striking child pornography child sexual abuse material (II) in subsection (c)— (aa) in paragraph (1)— (AA) in the paragraph heading, by striking Child pornography production Production of child sexual abuse material (BB) by striking child pornography production production of child sexual abuse material (CC) by striking production of child pornography production of child sexual abuse material (bb) in paragraph (2), in the matter preceding subparagraph (A), by striking trafficking in child pornography offenses offenses for trafficking in child sexual abuse material (cc) in paragraph (3)— (AA) in the paragraph heading, by striking child pornography child sexual abuse material (BB) by striking child pornography child sexual abuse material (III) in subsection (d)(1)— (aa) in subparagraph (A)— (AA) by striking child pornography child sexual abuse material (BB) by striking Child Pornography Victims Reserve Reserve for Victims of Child Sexual Abuse Material (bb) in subparagraph (B), by striking child pornography child sexual abuse material (cc) in subparagraph (C)— (AA) by striking child pornography child sexual abuse material (BB) by striking Child Pornography Victims Reserve Reserve for Victims of Child Sexual Abuse Material (ix) in section 2259A— (I) in the section heading, by striking child pornography cases cases involving child sexual abuse material (II) in subsection (a)— (aa) in paragraph (2), by striking child pornography child sexual abuse material (bb) in paragraph (3), by striking a child pornography production offense an offense for production of child sexual abuse material (III) in subsection (d)(2)(B), by striking child pornography production or trafficking offense that the defendant committed offense for production of child sexual abuse material or trafficking in child sexual abuse material committed by the defendant (x) in section 2259B— (I) in the section heading, by striking Child pornography victims reserve Reserve for child sexual abuse material (II) in subsection (a), by striking Child Pornography Victims Reserve Reserve for Victims of Child Sexual Abuse Material (III) in subsection (b), by striking Child Pornography Victims Reserve Reserve for Victims of Child Sexual Abuse Material (IV) in subsection (c), by striking Child Pornography Victims Reserve Reserve for Victims of Child Sexual Abuse Material (C) in chapter 117— (i) in section 2423(f)(3), by striking child pornography child sexual abuse material (ii) in section 2427— (I) in the section heading, by striking child pornography child sexual abuse material (II) by striking child pornography child sexual abuse material (D) in section 2516— (i) in paragraph (1)(c), by striking material constituting or containing child pornography child sexual abuse material (ii) in paragraph (2), by striking child pornography production production of child sexual abuse material (E) in section 3014(h)(3), by striking child pornography victims victims of child sexual abuse material (F) in section 3509— (i) in subsection (a)(6), by striking child pornography child sexual abuse material (ii) in subsection (m)— (I) in the subsection heading, by striking Child Pornography 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) 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) child sexual abuse material (as defined by section 2256 of this title), or property or items containing such material, (BB) by striking the property or material the child sexual abuse material, property, or items (bb) in subparagraph (B), by striking property or material child sexual abuse material, property, or items (IV) in paragraph (3)— (aa) by striking property or material that constitutes child pornography, as defined under section 2256(8) child sexual abuse material (as defined by section 2256 of this title) (bb) by striking such child pornography such child sexual abuse material (cc) by striking Such property or material Such child sexual abuse material (G) in section 3632(d)(4)(D)(xlii), by striking material constituting or containing child pornography 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) child pornography 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 (A) in subsection (a)— (i) in paragraph (1)(A)(ii), by striking child pornography child sexual abuse material (ii) in paragraph (2)(A)(ii), by striking child pornography child sexual abuse material (B) in subsection (e)(5)— (i) in the paragraph heading, by striking Child pornography Child sexual abuse material (ii) by striking child pornography 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) (A) in paragraph (1)— (i) in subparagraph (A)(i)(II), by striking child pornography child sexual abuse material (ii) in subparagraph (B)(i)(II), by striking child pornography child sexual abuse material (B) in paragraph (7)(A)— (i) in the subparagraph heading, by striking Child pornography Child sexual abuse material (ii) by striking child pornography 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) child pornography 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) (A) in clause (i)(I)(aa), by striking child pornography child sexual abuse material (B) in clause (ii), by striking child pornography 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) Child Pornography Victims Reserve 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. (A) in section 212(4) ( 34 U.S.C. 20302(4) child pornography child sexual abuse material (B) in section 214(b) ( 34 U.S.C. 20304(b) (i) in the subsection heading, by striking Child Pornography Child Sexual Abuse Material (ii) by striking child pornography child sexual abuse material (C) in section 226(c)(6) ( 34 U.S.C. 20341(c)(6) child pornography 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 (A) in paragraph (3)(B)(iii), by striking child pornography child sexual abuse material (B) in paragraph (7)(G), by striking child pornography 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) child pornography and enticement cases 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. (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 trafficking in child sexual abuse material (II) in subparagraph (A), by striking child pornography child sexual abuse material (III) in subparagraph (B), by striking child pornography child sexual abuse material (IV) in subparagraph (C), by striking child pornography child sexual abuse material (V) in subparagraph (D), by striking child pornography child sexual abuse material (ii) in paragraph (17)(A), by striking child pornography child sexual abuse material (B) in section 105(e)(1)(C) ( 34 U.S.C. 21115(e)(1)(C) child pornography trafficking 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) child pornography 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 (A) in subsection (a)(1), by striking child pornography child sexual abuse material (B) in subsection (b)(1), by striking child pornography 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) (A) in subparagraph (D)(iii), by striking child pornography offenses relating to child sexual abuse material (B) in subparagraph (E), by striking child pornography child sexual abuse material (21) Communications Act of 1934 Title II of the Communications Act of 1934 ( 47 U.S.C. 201 et seq. (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 which constitutes child sexual abuse material (II) in subparagraph (B), in the undesignated matter following clause (ii), by striking child pornography which constitutes child sexual abuse material (ii) in subsection (d)(1), in the undesignated matter following subparagraph (B), by striking child pornography that constitutes child sexual abuse material (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 child sexual abuse material (II) in subparagraph (C)(i)(II), by striking child pornography child sexual abuse material (ii) in paragraph (6)— (I) in subparagraph (B)(i)(II), by striking child pornography child sexual abuse material (II) in subparagraph (C)(i)(II), by striking child pornography child sexual abuse material (iii) in paragraph (7)(F)— (I) in the subparagraph heading, by striking Child pornography Child sexual abuse material (II) by striking child pornography child sexual abuse material (c) Table of sections amendments (1) Chapter 110 of title 18 The table of sections for chapter 110 (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 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 child pornographic material 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. 4. Modernizing the Cybertipline (a) In general Chapter 110 (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 , including any available facts or circumstances sufficient to identify and locate each minor and each involved individual, (ii) in paragraph (2)(A)— (I) by inserting 1591 (if the violation involves a minor), 2251, (II) by striking or 2260 2260, or 2422(b) (B) in subsection (b)— (i) in paragraph (1)— (I) by inserting or location identity (II) by striking other identifying information, 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 made available (ii) in clause (ii), by striking forwarded made available (2) in section 2258B— (A) in subsection (a)— (i) by striking arising from the performance , 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. (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 function (iii) by striking this section, sections this section or section (3) in section 2258C, as amended by section 6(b) of this Act— (A) in the section heading, by striking the CyberTipline NCMEC (B) in subsection (a)— (i) in paragraph (1)— (I) by striking NCMEC (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) CyberTipline report (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) ; and (ii) in paragraph (2)— (I) by inserting (A) (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) CyberTipline report (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) (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) CyberTipline (b) Technical and conforming amendment The table of sections for chapter 110 “2258C. Use of technical elements from reports made to NCMEC to combat child sexual abuse material.”. 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 1 year (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. . 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.

Summary: Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2023 or the EARN IT Act of 2023 This bill revises the federal framework governing the prevention of online sexual exploitation of children. 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. Additionally, the bill replaces various statutory references to child pornography and material that contains child pornography with child sexual abuse material. 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.