(II) 1 shall have the qualifica-
tions 
required 
under 
paragraph 
(2)(B); 
(III) 1 shall have the qualifica-
tions required under clause (i) or (ii) 
of paragraph (2)(C); and 
(IV) 1 shall have the qualifica-
tions required under clause (i) or (ii) 
of paragraph (2)(D); and 
(iv) 4 shall be appointed by the minor-
ity leader of the House of Representatives, 
of whom— 
(I) 1 shall have the qualifications 
required under clause (i) or (ii) of 
paragraph (2)(A); 
(II) 1 shall have the qualifica-
tions 
required 
under 
paragraph 
(2)(B); 
(III) 1 shall have the qualifica-
tions required under clause (i) or (ii) 
of paragraph (2)(C); and 
(IV) 1 shall have the qualifica-
tions required under clause (i) or (ii) 
of paragraph (2)(D). 
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(2) QUALIFICATIONS.—Of the 16 members of 
the 
Commission 
appointed 
under 
paragraph 
(1)(C)— 
(A) 4 shall have current experience in in-
vestigating online child sexual exploitation 
crimes, of whom— 
(i) 2 shall have such experience in a 
law enforcement capacity; and 
(ii) 2 shall have such experience in a 
prosecutorial capacity; 
(B) 4 shall be survivors of online child sex-
ual exploitation, or have current experience in 
providing services for victims of online child 
sexual exploitation in a non-governmental ca-
pacity; 
(C)(i) 2 shall have current experience in 
matters related to consumer protection, civil lib-
erties, civil rights, or privacy; and 
(ii) 2 shall have current experience in com-
puter science or software engineering related to 
matters of cryptography, data security, or arti-
ficial intelligence in a non-governmental capac-
ity; and 
(D) 4 shall be individuals who each cur-
rently work for an interactive computer service 
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that is unrelated to each other interactive com-
puter service represented under this subpara-
graph, representing diverse types of businesses 
and areas of professional expertise, of whom— 
(i) 2 shall have current experience in 
addressing online child sexual exploitation 
and promoting child safety at an inter-
active computer service with not less than 
30,000,000 monthly users in the United 
States; and 
(ii) 2 shall have current experience in 
addressing online child sexual exploitation 
and promoting child safety at an inter-
active computer service with less than 
10,000,000 monthly users in the United 
States. 
(3) DATE.—The initial appointments of mem-
bers to the Commission under paragraph (1)(C) 
shall be made not later than 90 days after the date 
of enactment of this Act. 
(d) PERIOD OF APPOINTMENT; VACANCIES.— 
(1) PERIOD OF APPOINTMENT.—A member of 
the Commission shall be appointed for a term of 5 
years. 
(2) VACANCIES.— 
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(A) EFFECT
ON
COMMISSION.—Any va-
cancy in the Commission shall not affect the 
powers of the Commission. 
(B) FILLING OF VACANCIES.—A vacancy 
in the Commission shall be filled in the same 
manner as the original appointment under sub-
section (c)(1). 
(e) INITIAL MEETING.—The Commission shall hold 
the first meeting of the Commission not later than 60 days 
after the date on which a majority of the members of the 
Commission have been appointed. 
(f) CHAIRPERSON.—The Attorney General or his or 
her representative shall serve as the Chairperson of the 
Commission. 
(g) QUORUM.—A majority of the members of the 
Commission shall constitute a quorum, but a lesser num-
ber of members may hold a meeting. 
(h) MEETINGS.—The Commission shall meet at the 
call of the Chairperson. 
(i) AUTHORITY OF COMMISSION.—The Commission 
may, for the purpose of carrying out this section and sec-
tion 4, hold such hearings, sit and act at such times and 
places, take such testimony, and receive such evidence as 
the Commission considers appropriate. 
(j) INFORMATION FROM FEDERAL AGENCIES.— 
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(1) IN GENERAL.—The Commission may secure 
directly from any Federal department or agency 
such information as the Commission considers nec-
essary to carry out this section and section 4. 
(2) FURNISHING INFORMATION.—Upon request 
of the Chairperson of the Commission for informa-
tion under paragraph (1), the head of a Federal de-
partment or agency shall furnish the information to 
the Commission, unless the information is subject to 
an active investigation or otherwise privileged or 
confidential. 
(k) TRAVEL EXPENSES.—A member of the Commis-
sion shall serve without compensation, but shall be allowed 
travel expenses, including per diem in lieu of subsistence, 
at rates authorized for employees of agencies under sub-
chapter I of chapter 57 of title 5, United States Code, 
while away from the home or regular places of business 
of the member in the performance of services for the Com-
mission. 
(l) DURATION.—Section 14 of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the 
Commission. 
SEC. 4. DUTIES OF THE COMMISSION. 
(a) RECOMMENDED BEST PRACTICES.— 
(1) INITIAL RECOMMENDATIONS.— 
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(A) IN
GENERAL.—Not later than 18 
months after the date on which a majority of 
the members of the Commission required to be 
appointed under section 3(c)(1)(C) have been so 
appointed, the Commission shall develop and 
submit to the Attorney General recommended 
best practices that providers of interactive com-
puter services may choose to engage in to pre-
vent, reduce, and respond to the online sexual 
exploitation of children, including the entice-
ment, grooming, sex trafficking, and sexual 
abuse of children and the proliferation of online 
child sexual abuse material. 
(B) REQUIREMENTS.— 
(i) ALTERNATIVE BEST PRACTICES.— 
The best practices required to be developed 
and submitted under subparagraph (A) 
shall include alternatives that take into 
consideration— 
(I) the size, type of product, and 
business model of a provider of an 
interactive computer service; 
(II) whether an interactive com-
puter service— 
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(aa) is made available to the 
public; 
(bb) is primarily responsible 
for hosting, storage, display, and 
retrieval of information on behalf 
of third parties, including pro-
viders of other interactive com-
puter services; or 
(cc) provides the capability 
to transmit data to and receive 
data from all or substantially all 
internet endpoints on behalf of a 
consumer; and 
(III) whether a type of product, 
business model, product design, or 
other factors related to the provision 
of an interactive computer service 
could make a product or service sus-
ceptible to the use and facilitation of 
online child sexual exploitation. 
(ii) SCOPE.—Notwithstanding para-
graph (3), the alternatives described in 
clause (i) of this subparagraph may ex-
clude certain matters required to be ad-
dressed under paragraph (3), as the Com-
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mission determines appropriate based on 
the nature of particular products or serv-
ices, the factors described in such clause 
(i), or other factors relevant to the pur-
poses of this Act. 
(2) SUPPORT REQUIREMENT.—The Commission 
may only recommend the best practices under para-
graph (1) if not fewer than 14 members of the Com-
mission support the best practices. 
(3) MATTERS
ADDRESSED.—The matters ad-
dressed by the recommended best practices devel-
oped and submitted by the Commission under para-
graph (1) shall include— 
(A) preventing, identifying, disrupting, and 
reporting online child sexual exploitation; 
(B) coordinating with non-profit organiza-
tions and other providers of interactive com-
puter services to preserve, remove from view, 
and report online child sexual exploitation; 
(C) retaining child sexual exploitation con-
tent and related user identification and location 
data; 
(D) receiving and triaging reports of online 
child sexual exploitation by users of interactive 
computer services, including self-reporting; 
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(E) implementing a standard rating and 
categorization system to identify the type and 
severity of child sexual abuse material; 
(F) training and supporting content mod-
erators who review child sexual exploitation con-
tent for the purposes of preventing and dis-
rupting online child sexual exploitation; 
(G) preparing and issuing transparency re-
ports, including disclosures in terms of service, 
relating to identifying, categorizing, and report-
ing online child sexual exploitation and efforts 
to prevent and disrupt online child sexual ex-
ploitation; 
(H) coordinating with voluntary initiatives 
offered among and to providers of interactive 
computer services relating to identifying, cat-
egorizing, and reporting online child sexual ex-
ploitation; 
(I) employing age rating and age gating 
systems to reduce online child sexual exploi-
tation; 
(J) offering parental control products that 
enable customers to limit the types of websites, 
social media platforms, and internet content 
that are accessible to children; and 
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(K) contractual and operational practices 
to ensure third parties, contractors, and affili-
ates comply with the best practices. 
(4) RELEVANT
CONSIDERATIONS.—In devel-
oping best practices under paragraph (1), the Com-
mission shall consider— 
(A) the cost and technical limitations of 
implementing the best practices; 
(B) the impact on competition, product 
and service quality, data security, and privacy; 
(C) the impact on the ability of law en-
forcement agencies to investigate and prosecute 
child sexual exploitation and rescue victims; and 
(D) the current state of technology. 
(5) PERIODIC
UPDATES.—Not less frequently 
than once every 5 years, the Commission shall up-
date and resubmit to the Attorney General rec-
ommended best practices under paragraph (1). 
(b) PUBLICATION OF BEST PRACTICES.—Not later 
than 30 days after the date on which the Commission sub-
mits recommended best practices under subsection (a), in-
cluding updated recommended best practices under para-
graph (5) of that subsection, the Attorney General shall 
publish the recommended best practices on the website of 
the Department of Justice and in the Federal Register. 
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SEC. 5. 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 EXPLOI-
TATION 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, dis-
tribution, 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 advertise-
ment, promotion, presentation, distribution, or 
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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 para-
graph (6), none of the following actions or cir-
cumstances shall serve as an independent basis 
for liability of a provider of an interactive com-
puter 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 ac-
tion 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 sub-
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paragraph if the evidence is otherwise admis-
sible.’’. 
SEC. 6. 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. 
(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)— 
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(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-
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 
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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— 
(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 
‘‘child 
pornography’’ 
and inserting ‘‘child sexual abuse 
material’’; 
(II) in subsection (a)— 
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(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 
‘‘child sexual abuse mate-
rial’’; and 
(BB) in subparagraph 
(B), by striking ‘‘child por-
nography’’ 
and 
inserting 
‘‘child sexual abuse mate-
rial’’; 
(cc) in paragraph (3), 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 
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(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 ‘‘an image 
of child pornography’’ and 
inserting ‘‘child sexual abuse 
material’’; and 
(BB) in subparagraph 
(B), by striking ‘‘an image 
of child pornography’’ and 
inserting ‘‘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)— 
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