I 
118TH CONGRESS 
1ST SESSION H. R. 5182 
To modernize online child protection laws. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 8, 2023 
Mrs. WAGNER (for herself, Ms. GARCIA of Texas, Mr. NUNN of Iowa, Mr. 
HUNT, Mr. DONALDS, Ms. SALAZAR, Mr. MOORE of Utah, Mr. BACON, 
and Mr. ALFORD) introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To modernize online child protection laws. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Child Online Safety 
Modernization Act of 2023’’. 
SEC. 2. 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)— 
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(i) in paragraph (1)(B)(ii), by insert-
ing after ‘‘facts or circumstances’’ the fol-
lowing: ‘‘, including any available facts or 
circumstances sufficient to identify and lo-
cate each minor and each involved indi-
vidual,’’; and 
(ii) in paragraph (2)(A)— 
(I) by inserting ‘‘1591 (if the vio-
lation 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 in-
formation which may identify or lo-
cate the involved individual,’’; 
(ii) by redesignating paragraphs (2) 
through (5) as paragraphs (3) through (6), 
respectively; 
(iii) by inserting after paragraph (1) 
the following: 
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‘‘(2) INFORMATION
ABOUT
THE
INVOLVED 
MINOR.—Information relating to the identity or loca-
tion 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 fol-
lowing: 
‘‘(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 ‘‘for-
warded’’ and inserting ‘‘made available’’; 
and 
(ii) in clause (ii), by striking ‘‘for-
warded’’ and inserting ‘‘made available’’; 
(2) in section 2258B— 
(A) in subsection (a)— 
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(i) by striking ‘‘arising from the per-
formance’’ and inserting the following: ‘‘, 
may not be brought in any Federal or 
State court if the claim or charge is di-
rectly attributable to— 
‘‘(1) the performance’’; 
(ii) in paragraph (1), as so des-
ignated, by striking ‘‘may not be brought 
in any Federal or State court.’’ and insert-
ing a semicolon; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(2) transmitting, distributing, or mailing child 
sexual abuse material to any Federal, State, or local 
law enforcement agency, or giving such agency ac-
cess 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 mate-
rial 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 
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tice 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
ENTI-
TIES.—NCMEC may provide hash values or 
similar technical identifiers associated with vis-
ual 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 Pre-
vention 
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 pro-
gram 
described 
in 
section 
404(b)(1)(K)(ii) of the Juvenile Jus-
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tice 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 lim-
ited to hash values or similar tech-
nical identifiers associated with visual 
depictions provided in a CyberTipline 
report or submission to the child vic-
tim identification program described 
in section 404(b)(1)(K)(ii) of the Ju-
venile Justice and Delinquency Pre-
vention 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 de-
scribed in section 404(b)(1)(K)(ii) of the Juve-
nile 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 
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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. 3. 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 pro-
vider of a report to the CyberTipline may voluntarily 
preserve the contents provided in the report (includ-
ing 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 chil-
dren.’’. 
SEC. 4. USE OF TERM ‘‘CHILD SEXUAL ABUSE MATERIAL’’. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress 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. 
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(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.—Sec-
tion 101(a)(43)(I) of the Immigration and Nation-
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ality 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.—Sec-
tion 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 ma-
terial’’. 
(5) BROADBAND
DATA
IMPROVEMENT
ACT.— 
Section 214(a)(2) of the Broadband Data Improve-
ment 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 ma-
terial’’. 
(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 ap-
pears and inserting ‘‘child sexual abuse mate-
rial’’; 
(B) in chapter 110— 
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(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 pornog-
raphy’’ and inserting ‘‘child sex-
ual abuse material’’; 
(II) in subsection (a)— 
(aa) in paragraph (1), by 
striking ‘‘child pornography’’ and 
inserting ‘‘child sexual abuse ma-
terial’’; 
(bb) in paragraph (2)— 
(AA) in subparagraph 
(A), by striking ‘‘child por-
nography’’ 
and 
inserting 
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‘‘child sexual abuse mate-
rial’’; and 
(BB) in subparagraph 
(B), by striking ‘‘material 
that contains child pornog-
raphy’’ and inserting ‘‘child 
sexual abuse material’’; 
(cc) in paragraph (3)(A), by 
striking ‘‘child pornography’’ and 
inserting ‘‘child sexual abuse ma-
terial’’; 
(dd) in paragraph (4)— 
(AA) in subparagraph 
(A), by striking ‘‘child por-
nography’’ 
and 
inserting 
‘‘child sexual abuse mate-
rial’’; and 
(BB) in subparagraph 
(B), by striking ‘‘child por-
nography’’ 
and 
inserting 
‘‘child sexual abuse mate-
rial’’; 
(ee) in paragraph (5)— 
(AA) in subparagraph 
(A), by striking ‘‘material 
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that contains an image of 
child pornography’’ and in-
serting 
‘‘item 
containing 
child sexual abuse material’’; 
and 
(BB) in subparagraph 
(B), by striking ‘‘material 
that contains an image of 
child pornography’’ and in-
serting 
‘‘item 
containing 
child sexual abuse material’’; 
and 
(ff) in paragraph (7)— 
(AA) by striking ‘‘child 
pornography’’ and inserting 
‘‘child sexual abuse mate-
rial’’; and 
(BB) by striking the 
period at the end and insert-
ing a comma; 
(III) in subsection (b)— 
(aa) in paragraph (1), by 
striking ‘‘child pornography’’ and 
inserting ‘‘child sexual abuse ma-
terial’’; and 
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(bb) in paragraph (2), by 
striking 
‘‘child 
pornography’’ 
each place the term appears and 
inserting ‘‘child sexual abuse ma-
terial’’; 
(IV) in subsection (c)— 
(aa) in paragraph (1)(A), by 
striking ‘‘child pornography’’ and 
inserting ‘‘child sexual abuse ma-
terial’’; 
(bb) in paragraph (2), by 
striking ‘‘child pornography’’ and 
inserting ‘‘child sexual abuse ma-
terial’’; 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 strik-
ing ‘‘child pornography’’ and inserting 
‘‘child sexual abuse material’’; and 
(VI) in subsection (e), by striking 
‘‘child pornography’’ each place the 
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term appears and inserting ‘‘child sex-
ual abuse material’’; 
(iv) in section 2256(8)— 
(I) by striking ‘‘child pornog-
raphy’’ 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 de-
piction that is child pornog-
raphy’’ and inserting ‘‘child sex-
ual abuse material’’; and 
(II) in paragraph (2), by striking 
‘‘any visual depiction that is child por-
nography’’ and inserting ‘‘child sexual 
abuse material’’; 
(vi) in section 2258A— 
(I) in subsection (a)(2)— 
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