right to withdraw the individual’s consent 
at any time; and 
(B) not less than 1 form of valid identi-
fication for each individual appearing in the 
pornographic image— 
(i) that— 
(I) was issued by an agency of 
the Federal Government or of a State, 
local, or foreign government; and 
(II) contains the name, date of 
birth, signature, and photograph of 
the individual; and 
(ii) on which the name, date of birth, 
and signature of the individual match the 
name, date of birth, and signature of the 
individual on the consent form required 
under subparagraph (A). 
(4) CREATION
AND
APPROVAL
OF
CONSENT 
FORMS BY ATTORNEY GENERAL.— 
(A) 
ATTORNEY
GENERAL
CONSENT 
FORM.— 
(i) IN GENERAL.—Not later than 60 
days after the date of enactment of this 
Act, the Attorney General shall create and 
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make available to the public a consent 
form for purposes of paragraph (3)(A). 
(ii) AVAILABILITY.—On and after the 
date that is 90 days after the date of en-
actment of this Act, a covered platform op-
erator shall make the consent form created 
under clause (i) available to users in both 
written and electronic format. 
(B) APPROVAL OF ALTERNATIVE CONSENT 
FORMS.—For purposes of paragraph (3)(A), a 
user may submit to a covered platform an alter-
native consent form created by a user or cov-
ered platform operator if the alternative consent 
form has been approved by the Attorney Gen-
eral. 
(c) EFFECTIVE DATE; APPLICABILITY.—This section 
shall— 
(1) take effect on the date that is 90 days after 
the date of enactment of this Act; and 
(2) apply to any pornographic image uploaded 
to a covered platform before, on, or after that effec-
tive date. 
(d) RULES OF CONSTRUCTION.— 
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(1) OBLIGATIONS
AND
CRIMINAL
LIABILITY 
UNDER OTHER LAWS.—Nothing in this section shall 
be construed to— 
(A) affect any obligation of a covered plat-
form under any other provision of Federal or 
State law; or 
(B) impact or otherwise limit the criminal 
liability of a user or other individual under a 
Federal or State obscenity law. 
(2) FIRST AMENDMENT-PROTECTED SPEECH.— 
Nothing in this section shall be construed to prohibit 
or impose a prior restraint on speech that is pro-
tected by the First Amendment to the Constitution 
of the United States. 
SEC. 102. REMOVAL OF IMAGES DISTRIBUTED WITHOUT 
CONSENT. 
(a) DEFINITIONS.—In this section: 
(1) AUTHORIZED REPRESENTATIVE.—The term 
‘‘authorized representative’’, with respect to an indi-
vidual, means— 
(A) a person authorized in writing under 
State or other applicable law by the individual 
to act on behalf of the individual with regard to 
the matter in question; or 
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(B) in the case of an individual under the 
age of 18, a parent or legal guardian of the in-
dividual. 
(2) ELIGIBLE PERSON.—The term ‘‘eligible per-
son’’, with respect to a pornographic image uploaded 
to a covered platform, means— 
(A) an individual who appears in the por-
nographic image and has not provided consent 
to, or has withdrawn consent in compliance 
with the laws of the applicable jurisdiction for, 
the distribution of the pornographic image; 
(B) an authorized representative of an in-
dividual described in subparagraph (A); or 
(C) a Federal, State, Tribal, or local law 
enforcement officer acting pursuant to a valid 
court order. 
(b) MECHANISM FOR REMOVAL.—A covered platform 
operator shall— 
(1) establish a procedure for removing a porno-
graphic image from the covered platform at the re-
quest of a person; and 
(2) designate 1 or more employees of the oper-
ator to be responsible for handling requests for re-
moval of pornographic images. 
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(c) NOTICE.—A covered platform operator shall dis-
play a prominently visible notice on the website or mobile 
application of the covered platform that provides instruc-
tions on how a person can request the removal of a porno-
graphic image. 
(d) RESPONSE TO REQUESTS FOR REMOVAL.— 
(1) REQUESTS FROM ELIGIBLE PERSONS.—If a 
covered platform operator receives a request from an 
eligible person, through any request mechanism of-
fered by the operator under subsection (b), to re-
move a pornographic image that is being hosted by 
the covered platform without the consent of an indi-
vidual who appears in the pornographic image, the 
operator shall remove the pornographic image as 
quickly as possible, and in any event not later than 
72 hours after receiving the request. 
(2) REQUESTS
FROM
PERSONS
OTHER
THAN 
ELIGIBLE PERSONS.—If a covered platform operator 
receives a request from a person other than an eligi-
ble person, through any request mechanism offered 
by the operator under subsection (b), to remove a 
pornographic image that is being hosted by the cov-
ered platform without the consent of an individual 
who appears in the pornographic image, not later 
than 72 hours after receiving the request— 
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(A) the operator shall review the records of 
the operator with respect to the pornographic 
image to determine whether the pornographic 
image was uploaded to the platform in accord-
ance with the verification requirements under 
subsections (a) and (b) of section 101; and 
(B) if the operator determines under sub-
paragraph (A) that the pornographic image was 
not uploaded to the platform in accordance with 
the verification requirements under subsections 
(a) and (b) of section 101, the operator shall 
remove the pornographic image. 
(e) BLOCKING RE-UPLOADS.—In the case of a porno-
graphic image that has been removed from a covered plat-
form in accordance with this section, the covered platform 
operator shall block the pornographic image, and any al-
tered or edited version of the pornographic image, from 
being uploaded to the covered platform again. 
(f) EFFECTIVE DATE; APPLICABILITY.— 
(1) IN GENERAL.—This section shall— 
(A) except as provided in paragraph (2), 
take effect on the date that is 90 days after the 
date of enactment of this Act; and 
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(B) apply to any pornographic image 
uploaded to a covered platform before, on, or 
after that effective date. 
(2) BLOCKING
RE-UPLOADS.—Subsection (e) 
shall take effect on the date that is 180 days after 
the date of enactment of this Act. 
SEC. 103. OBLIGATIONS OF USERS. 
(a) CONSENT REQUIREMENT.—A user of a covered 
platform may not upload a pornographic image of an indi-
vidual to the covered platform without the consent of the 
individual. 
(b) DETERMINATION OF CONSENT.—For purposes of 
subsection (a), whether an individual has provided consent 
to the uploading of an image shall be determined in ac-
cordance with this Act and applicable State law. 
TITLE II—ENFORCEMENT 
SEC. 201. CIVIL ENFORCEMENT. 
(a) VERIFICATION OBLIGATIONS OF COVERED PLAT-
FORM OPERATORS.— 
(1) CIVIL PENALTY FOR FAILURE TO VERIFY 
USERS.— 
(A) IN GENERAL.—The Attorney General 
may impose a civil penalty on any covered plat-
form operator that violates section 101(a) in an 
amount of not more than $10,000 for each day 
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during which a pornographic image remains on 
the covered platform in violation of that section, 
beginning 24 hours after the Attorney General 
provides notice of the violation to the operator. 
(B) PER-DAY AND PER-IMAGE BASIS.—A 
civil penalty under subparagraph (A) shall ac-
crue on a per-day and per-image basis. 
(C) USE OF PROCEEDS.—Notwithstanding 
section 3302 of title 31, United States Code, 
the Attorney General may use the proceeds 
from a civil penalty collected under subpara-
graph (A) to carry out enforcement under this 
section. 
(2) CIVIL LIABILITY FOR FAILURE TO VERIFY 
PARTICIPANTS.—If a covered platform operator vio-
lates section 101(b) with respect to a pornographic 
image, any person aggrieved by the violation may 
bring a civil action against the covered platform op-
erator in an appropriate district court of the United 
States for damages in an amount equal to the great-
er of— 
(A) $10,000 for each day during which a 
pornographic image remains on the covered 
platform in violation of that section, calculated 
on a per-day and per-image basis; or 
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(B) actual damages. 
(b) REMOVAL OF IMAGES DISTRIBUTED WITHOUT 
CONSENT.— 
(1) CIVIL PENALTY FOR FAILURE TO ESTAB-
LISH MECHANISM FOR REMOVAL.— 
(A) IN GENERAL.—The Attorney General 
may impose a civil penalty on any covered plat-
form operator that violates section 102(b) in an 
amount of not more than $10,000 for each day 
during which the covered platform remains in 
violation of that section, beginning 24 hours 
after the Attorney General provides notice of 
the violation to the operator. 
(B) USE OF PROCEEDS.—Notwithstanding 
section 3302 of title 31, United States Code, 
the Attorney General may use the proceeds 
from a civil penalty collected under subpara-
graph (A) to carry out enforcement under this 
section. 
(2) CIVIL PENALTY FOR FAILURE TO DISPLAY 
NOTICE OF MECHANISM FOR REMOVAL.—The Attor-
ney General may impose a civil penalty on any cov-
ered platform operator that violates section 102(c) 
in an amount of not more than $5,000 for each day 
during which the covered platform remains in viola-
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tion of that section, beginning 24 hours after the At-
torney General provides notice of the violation to the 
operator. 
(3) CIVIL LIABILITY FOR FAILURE TO MAKE 
TIMELY REMOVAL.— 
(A) IN GENERAL.—If a covered platform 
operator violates section 102(d) with respect to 
a pornographic image, any person aggrieved by 
the violation may bring a civil action against 
the covered platform operator in an appropriate 
district court of the United States for damages 
in an amount equal to the greater of— 
(i) $10,000 for each day during which 
the pornographic image remains on the 
covered platform in violation of that sec-
tion, calculated on a per-day and per-image 
basis; or 
(ii) actual damages. 
(B) GOOD FAITH EXCEPTION.— 
(i) IN GENERAL.—A covered platform 
operator shall not be liable under subpara-
graph (A) for a violation of section 102(d) 
if, in allowing the upload of a pornographic 
image to the covered platform, the oper-
ator reasonably relied on verification mate-
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rials, in accordance with section 101(b)(3), 
that were later found to be fraudulent, 
provided that the operator removes the 
pornographic image not later than 24 
hours after discovering that the verification 
materials are fraudulent. 
(ii) FAILURE TO REMOVE.—If a cov-
ered platform operator fails to remove a 
pornographic image within 24 hours of dis-
covering that the verification materials are 
fraudulent, as described in clause (i), dam-
ages under subparagraph (A)(i) shall be 
calculated with respect to each day on or 
after the date on which that 24-hour pe-
riod expires. 
(4) CIVIL LIABILITY FOR FAILURE TO BLOCK 
RE-UPLOADS.—If a covered platform operator vio-
lates section 102(e) with respect to a pornographic 
image, any person aggrieved by the violation may 
bring a civil action against the covered platform op-
erator in an appropriate district court of the United 
States for damages in an amount equal to the great-
er of— 
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(A) $10,000 for each day during which the 
pornographic image remains on the covered 
platform in violation of that section; or 
(B) actual damages. 
(c) CIVIL LIABILITY FOR VIOLATION OF USER OBLI-
GATIONS.—If a user of a covered platform violates section 
103 with respect to a pornographic image, any person ag-
grieved by the violation may bring a civil action against 
the user in an appropriate district court of the United 
States for damages in an amount equal to the greater of— 
(1) $10,000 for each day during which the por-
nographic image remains on the covered platform in 
violation of that section, calculated on a per-day and 
per-image basis; or 
(2) actual damages. 
(d) RELATION
TO
COMMUNICATIONS
DECENCY 
ACT.—Nothing in this section shall be construed to affect 
section 230 of the Communications Act of 1934 (47 
U.S.C. 230). 
SEC. 202. CRIMINAL PROHIBITION ON NONCONSENSUAL 
DISTRIBUTION OF INTIMATE VISUAL DEPIC-
TIONS. 
(a) IN GENERAL.—Chapter 88 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘§ 1802. Nonconsensual distribution of intimate vis-
ual depictions 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) INFORMATION CONTENT PROVIDER.—The 
term ‘information content provider’ has the meaning 
given that term in section 230(f) of the Communica-
tions Act of 1934 (47 U.S.C. 230(f)). 
‘‘(2) INTERACTIVE
COMPUTER
SERVICE.—The 
term ‘interactive computer service’ has the meaning 
given that term in section 230(f) of the Communica-
tions Act of 1934 (47 U.S.C. 230(f)). 
‘‘(3) INTIMATE VISUAL DEPICTION.—The term 
‘intimate visual depiction’ means any visual depic-
tion— 
‘‘(A) of an individual who is reasonably 
identifiable from the visual depiction itself or 
information displayed in connection with the 
visual depiction, including through— 
‘‘(i) facial recognition; 
‘‘(ii) an identifying marking on the in-
dividual, including a birthmark or piercing; 
‘‘(iii) an identifying feature of the 
background of the visual depiction; 
‘‘(iv) voice matching; or 
‘‘(v) written confirmation from an in-
dividual who is responsible, in whole or in 
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part, for the creation or development of the 
visual depiction; and 
‘‘(B) in which— 
‘‘(i) the individual depicted is engag-
ing in sexually explicit conduct; or 
‘‘(ii) the naked genitals, anus, pubic 
area, or post-pubescent female nipple of 
the individual depicted are visible and are 
depicted with the objective intent to 
arouse, titillate, or gratify the sexual de-
sires of a person. 
‘‘(4) SEXUALLY EXPLICIT CONDUCT.—The term 
‘sexually explicit conduct’ has the meaning given 
that term in section 2256(2)(A). 
‘‘(5) VISUAL DEPICTION.—The term ‘visual de-
piction’ means a photograph, film, video, or modified 
photograph, film, or video, whether made or pro-
duced by electronic, mechanical, or other means. 
‘‘(b) OFFENSE.—Except as provided in subsection 
(d), it shall be unlawful for any information content pro-
vider to knowingly use any interactive computer service 
to publish an intimate visual depiction of an individual 
with knowledge of or reckless disregard for— 
‘‘(1) the lack of consent of the individual to the 
publication; and 
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‘‘(2) the reasonable expectation of the indi-
vidual that the depiction would not be published 
through an interactive computer service without the 
individual’s consent. 
‘‘(c) PENALTY.—Any person who violates subsection 
(b) shall be fined under this title, imprisoned for not more 
than 5 years, or both. 
‘‘(d) EXCEPTIONS.— 
‘‘(1) LAW ENFORCEMENT, LAWFUL REPORTING, 
AND
OTHER
LEGAL
PROCEEDINGS.—Subsection 
(b)— 
‘‘(A) does not prohibit any lawful law en-
forcement, correctional, or intelligence activity; 
‘‘(B) shall not apply to an individual acting 
in good faith to report unlawful activity or in 
pursuance of a legal or other lawful obligation; 
and 
‘‘(C) shall not apply to a document produc-
tion or filing associated with a legal proceeding. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall affect the liability protection 
provided under section 230 of the Communications 
Act of 1934 (47 U.S.C. 230). 
‘‘(e) VENUE AND EXTRATERRITORIALITY.— 
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‘‘(1) VENUE.—A prosecution under this section 
may be brought in a district in which— 
‘‘(A) the defendant or the depicted indi-
vidual resides; or 
‘‘(B) the intimate visual depiction is dis-
tributed or made available. 
‘‘(2) 
EXTRATERRITORIALITY.—There 
is 
extraterritorial Federal jurisdiction over an offense 
under this section if the defendant or the depicted 
individual is a citizen or permanent resident of the 
United States.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 88 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘1802. Nonconsensual distribution of intimate visual depictions.’’. 
Æ 
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