(1) Over the 3 decades preceding the date of 
enactment of this Act, Congress has passed several 
bills to protect minors from access to online porno-
graphic content, including title V of the Tele-
communications Act of 1996 (Public Law 104–104) 
(commonly known as the ‘‘Communications Decency 
Act’’), section 231 of the Communications Act of 
1934 (47 U.S.C. 231) (commonly known as the 
‘‘Child Online Protection Act’’), and the Children’s 
Internet Protection Act (title XVII of division B of 
Public Law 106–554). 
(2) With the exception of the Children’s Inter-
net Protection Act (title XVII of division B of Public 
Law 106–554), the Supreme Court of the United 
States has struck down the previous efforts of Con-
gress to shield children from pornographic content, 
finding that such legislation constituted a ‘‘compel-
ling government interest’’ but that it was not the 
least restrictive means to achieve such interest. In 
Ashcroft v. ACLU, 542 U.S. 656 (2004), the Court 
even suggested at the time that ‘‘blocking and fil-
tering software’’ could conceivably be a ‘‘primary al-
ternative’’ to the requirements passed by Congress. 
(3) In the nearly 2 decades since the Supreme 
Court of the United States suggested the use of 
VerDate Sep 11 2014 
02:50 Dec 05, 2023
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6429.IH
H6429
dmwilson on DSKJM0X7X2PROD with BILLS
‘‘blocking and filtering software’’, such technology 
has proven to be ineffective in protecting minors 
from accessing online pornographic content. The 
Kaiser Family Foundation has found that filters do 
not work on 1 in 10 pornography sites accessed in-
tentionally and 1 in 3 pornography sites that are 
accessed unintentionally. Further, it has been proven 
that children are able to bypass ‘‘blocking and fil-
tering’’ software by employing strategic searches or 
measures to bypass the software completely. 
(4) Additionally, Pew Research has revealed 
studies showing that only 39 percent of parents use 
blocking or filtering software for their minor’s online 
activities, meaning that 61 percent of children only 
have restrictions on their internet access when they 
are at school or at a library. 
(5) 17 States have now recognized pornography 
as a public health hazard that leads to a broad 
range of individual harms, societal harms, and pub-
lic health impacts. 
(6) It is estimated that 80 percent of minors 
between the ages of 12 to 17 have been exposed to 
pornography, with 54 percent of teenagers seeking it 
out. The internet is the most common source for mi-
nors to access pornography with pornographic 
VerDate Sep 11 2014 
02:50 Dec 05, 2023
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6429.IH
H6429
dmwilson on DSKJM0X7X2PROD with BILLS
websites receiving more web traffic in the United 
States 
than 
Twitter, 
Netflix, 
Pinterest, 
and 
LinkedIn combined. 
(7) Exposure to online pornography has created 
unique psychological effects for minors, including 
anxiety, addiction, low self-esteem, body image dis-
orders, an increase in problematic sexual activity at 
younger ages, and an increased desire among minors 
to engage in risky sexual behavior. 
(8) The Supreme Court of the United States 
has recognized on multiple occasions that Congress 
has a ‘‘compelling government interest’’ to protect 
the physical and psychological well-being of minors, 
which includes shielding them from ‘‘indecent’’ con-
tent that may not necessarily be considered ‘‘ob-
scene’’ by adult standards. 
(9) Because ‘‘blocking and filtering software’’ 
has not produced the results envisioned nearly 2 dec-
ades ago, it is necessary for Congress to pursue al-
ternative policies to enable the protection of the 
physical and psychological well-being of minors. 
(10) The evolution of our technology has now 
enabled the use of age verification technology that is 
cost efficient, not unduly burdensome, and can be 
operated narrowly in a manner that ensures only 
VerDate Sep 11 2014 
02:50 Dec 05, 2023
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6429.IH
H6429
dmwilson on DSKJM0X7X2PROD with BILLS
adults have access to a website’s online pornographic 
content. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) shielding minors from access to online por-
nographic content is a compelling government inter-
est that protects the physical and psychological well- 
being of minors; and 
(2) requiring interactive computer services that 
are in the business of creating, hosting, or making 
available pornographic content to enact technological 
measures that shield minors from accessing porno-
graphic content on their platforms is the least re-
strictive means for Congress to achieve its compel-
ling government interest. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) CHILD PORNOGRAPHY; MINOR.—The terms 
‘‘child pornography’’ and ‘‘minor’’ have the mean-
ings given those terms in section 2256 of title 18, 
United States Code. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(3) COVERED PLATFORM.—The term ‘‘covered 
platform’’— 
VerDate Sep 11 2014 
02:50 Dec 05, 2023
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6429.IH
H6429
dmwilson on DSKJM0X7X2PROD with BILLS
(A) means an entity— 
(i) that is an interactive computer 
service; 
(ii) that— 
(I) is engaged in interstate or 
foreign commerce; or 
(II) purposefully avails itself of 
the United States market or a portion 
thereof; and 
(iii) for which it is in the regular 
course of the trade or business of the enti-
ty to create, host, or make available con-
tent that meets the definition of harmful to 
minors under paragraph (4) and that is 
provided by the entity, a user, or other in-
formation content provider, with the objec-
tive of earning a profit; and 
(B) includes an entity described in sub-
paragraph (A) regardless of whether— 
(i) the entity earns a profit on the ac-
tivities described in subparagraph (A)(iii); 
or 
(ii) creating, hosting, or making avail-
able content that meets the definition of 
harmful to minors under paragraph (4) is 
VerDate Sep 11 2014 
02:50 Dec 05, 2023
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6429.IH
H6429
dmwilson on DSKJM0X7X2PROD with BILLS
the sole source of income or principal busi-
ness of the entity. 
(4) HARMFUL TO MINORS.—The term ‘‘harmful 
to minors’’, with respect to a picture, image, graphic 
image file, film, videotape, or other visual depiction, 
means that the picture, image, graphic image file, 
film, videotape, or other depiction— 
(A)(i) taken as a whole and with respect to 
minors, appeals to the prurient interest in nu-
dity, sex, or excretion; 
(ii) depicts, describes, or represents, in a 
patently offensive way with respect to what is 
suitable for minors, an actual or simulated sex-
ual act or sexual contact, actual or simulated 
normal or perverted sexual acts, or lewd exhi-
bition of the genitals; and 
(iii) taken as a whole, lacks serious, lit-
erary, artistic, political, or scientific value as to 
minors; 
(B) is obscene; or 
(C) is child pornography. 
(5) INFORMATION CONTENT PROVIDER; INTER-
ACTIVE COMPUTER SERVICE.—The terms ‘‘informa-
tion content provider’’ and ‘‘interactive computer 
service’’ have the meanings given those terms in sec-
VerDate Sep 11 2014 
02:50 Dec 05, 2023
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6429.IH
H6429
dmwilson on DSKJM0X7X2PROD with BILLS
tion 230(f) of the Communications Act of 1934 (47 
U.S.C. 230(f)). 
(6) SEXUAL
ACT; 
SEXUAL
CONTACT.—The 
terms ‘‘sexual act’’ and ‘‘sexual contact’’ have the 
meanings given those terms in section 2246 of title 
18, United States Code. 
(7) TECHNOLOGY
VERIFICATION
MEASURE.— 
The term ‘‘technology verification measure’’ means 
technology that— 
(A) employs a system or process to deter-
mine whether it is more likely than not that a 
user of a covered platform is a minor; and 
(B) prevents access by minors to any con-
tent on a covered platform. 
(8) 
TECHNOLOGY
VERIFICATION
MEASURE 
DATA.—The term ‘‘technology verification measure 
data’’ means information that— 
(A) identifies, is linked to, or is reasonably 
linkable to an individual or a device that identi-
fies, is linked to, or is reasonably linkable to an 
individual; 
(B) is collected or processed for the pur-
pose of fulfilling a request by an individual to 
access any content on a covered platform; and 
VerDate Sep 11 2014 
02:50 Dec 05, 2023
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6429.IH
H6429
dmwilson on DSKJM0X7X2PROD with BILLS
(C) is collected and processed solely for the 
purpose of utilizing a technology verification 
measure and meeting the obligations imposed 
under this Act. 
SEC. 4. TECHNOLOGY VERIFICATION MEASURES. 
(a) COVERED PLATFORM REQUIREMENTS.—Begin-
ning on the date that is 1 year after the date of enactment 
of this Act, a covered platform shall adopt and utilize tech-
nology verification measures on the platform to ensure 
that— 
(1) users of the covered platform are not mi-
nors; and 
(2) minors are prevented from accessing any 
content on the covered platform that is harmful to 
minors. 
(b) REQUIREMENTS FOR AGE VERIFICATION MEAS-
URES.—In order to comply with the requirement of sub-
section (a), the technology verification measures adopted 
and utilized by a covered platform shall do the following: 
(1) Use a technology verification measure in 
order to verify a user’s age. 
(2) Provide that requiring a user to confirm 
that the user is not a minor shall not be sufficient 
to satisfy the requirement of subsection (a). 
VerDate Sep 11 2014 
02:50 Dec 05, 2023
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6429.IH
H6429
dmwilson on DSKJM0X7X2PROD with BILLS
(3) Make publicly available the verification 
process that the covered platform is employing to 
comply with the requirements under this Act. 
(4) Subject the Internet Protocol (IP) address-
es, including known virtual proxy network IP ad-
dresses, of all users of a covered platform to the 
technology verification measure described in para-
graph (1) unless the covered platform determines 
based on available technology that a user is not lo-
cated within the United States. 
(c) CHOICE OF VERIFICATION MEASURES.—A cov-
ered platform may choose the specific technology 
verification measures to employ for purposes of complying 
with subsection (a), provided that the technology 
verification measure employed by the covered platform 
meets the requirements of subsection (b) and prohibits a 
minor from accessing the platform or any information on 
the platform that is obscene, child pornography, or harm-
ful to minors. 
(d) USE OF THIRD PARTIES.—A covered platform 
may contract with a third party to employ technology 
verification measures for purposes of complying with sub-
section (a) but the use of such a third party shall not re-
lieve the covered platform of its obligations under this Act 
or from liability under this Act. 
VerDate Sep 11 2014 
02:50 Dec 05, 2023
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6429.IH
H6429
dmwilson on DSKJM0X7X2PROD with BILLS
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to require a covered platform to 
submit to the Commission any information that identifies, 
is linked to, or is reasonably linkable to a user of the cov-
ered platform or a device that identifies, is linked to, or 
is reasonably linkable to a user of the covered platform. 
(f) TECHNOLOGY VERIFICATION MEASURE DATA SE-
CURITY.—A covered platform shall— 
(1) establish, implement, and maintain reason-
able data security to— 
(A) protect the confidentiality, integrity, 
and accessibility of technology verification 
measure data collected by the covered platform 
or a third party employed by the covered plat-
form; and 
(B) protect such technology verification 
measure data against unauthorized access; and 
(2) retain the technology verification measure 
data for no longer than is reasonably necessary to 
utilize a technology verification measure or what is 
minimally necessary to demonstrate compliance with 
the obligations under this Act. 
SEC. 5. CONSULTATION REQUIREMENTS. 
In enforcing the requirements under section 4, the 
Commission shall consult with the following individuals, 
VerDate Sep 11 2014 
02:50 Dec 05, 2023
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6429.IH
H6429
dmwilson on DSKJM0X7X2PROD with BILLS
including with respect to the applicable standards and 
metrics for making a determination on whether a user of 
a covered platform is not a minor: 
(1) Individuals with experience in computer 
science and software engineering. 
(2) Individuals with experience in— 
(A) advocating for online child safety; or 
(B) providing services to minors who have 
been victimized by online child exploitation. 
(3) Individuals with experience in consumer 
protection and online privacy. 
(4) 
Individuals 
who 
supply 
technology 
verification measure products or have expertise in 
technology verification measure solutions. 
(5) Individuals with experience in data security 
and cryptography. 
SEC. 6. COMMISSION REQUIREMENTS. 
(a) IN GENERAL.—The Commission shall— 
(1) conduct regular audits of covered platforms 
to ensure compliance with the requirements of sec-
tion 4; 
(2) make public the terms and processes for the 
audits conducted under paragraph (1), including the 
processes for any third party conducting an audit on 
behalf of the Commission; 
VerDate Sep 11 2014 
02:50 Dec 05, 2023
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6429.IH
H6429
dmwilson on DSKJM0X7X2PROD with BILLS
unless the practices allegedly violate a provision of 
this Act. 
SEC. 7. ENFORCEMENT. 
(a) UNFAIR OR DECEPTIVE ACT OR PRACTICE.—A 
violation of section 4 shall be treated as a violation of a 
rule defining an unfair or deceptive act or practice under 
section 18(a)(1)(B) of the Federal Trade Commission Act 
(15 U.S.C. 57a(a)(1)(B)). 
(b) POWERS OF THE COMMISSION.— 
(1) IN GENERAL.—The Commission shall en-
force section 4 in the same manner, by the same 
means, and with the same jurisdiction, powers, and 
duties as though all applicable terms and provisions 
of the Federal Trade Commission Act (15 U.S.C. 41 
et seq.) were incorporated into and made a part of 
this title. 
(2) PRIVILEGES AND IMMUNITIES.—Any person 
who violates section 4 shall be subject to the pen-
alties and entitled to the privileges and immunities 
provided in the Federal Trade Commission Act (15 
U.S.C. 41 et seq.). 
(3) AUTHORITY PRESERVED.—Nothing in this 
Act shall be construed to limit the authority of the 
Commission under any other provision of law. 
VerDate Sep 11 2014 
02:50 Dec 05, 2023
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6429.IH
H6429
dmwilson on DSKJM0X7X2PROD with BILLS
SEC. 8. GAO REPORT. 
Not later than 2 years after the date on which cov-
ered platforms are required to comply with the require-
ment of section 4(a), the Comptroller General of the 
United States shall submit to Congress a report that in-
cludes— 
(1) an analysis of the effectiveness of the tech-
nology verification measures required under such 
section; 
(2) an analysis of rates of compliance with such 
section among covered platforms; 
(3) an analysis of the data security measures 
used by covered platforms in the age verification 
process; 
(4) an analysis of the behavioral, economic, psy-
chological, and societal effects of implementing tech-
nology verification measures; 
(5) recommendations to the Commission on im-
proving enforcement of section 4(a), if any; and 
(6) recommendations to Congress on potential 
legislative improvements to this Act, if any. 
SEC. 9. SEVERABILITY CLAUSE. 
If any provision of this Act, or the application of such 
a provision to any person or circumstance, is held to be 
unconstitutional, the remaining provisions of this Act, and 
VerDate Sep 11 2014 
02:50 Dec 05, 2023
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6429.IH
H6429
dmwilson on DSKJM0X7X2PROD with BILLS
the application of such provisions to any other person or 
circumstance, shall not be affected thereby. 
Æ 
VerDate Sep 11 2014 
02:50 Dec 05, 2023
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6301
E:\BILLS\H6429.IH
H6429
dmwilson on DSKJM0X7X2PROD with BILLS