alleged violation of an ethical standard of con-
duct. 
(3) DIRECTION
BY
COMMISSION.—Subject to 
paragraph (2), the Officers and Attorneys shall, in 
the administration of their duties, be under the su-
pervision of the Chair of the Commission. 
(4) INCONSISTENT DUTIES BARRED.—An Offi-
cer or Attorney of the Board may not undertake any 
duty that conflicts with the duties of the Officer or 
Attorney in connection with the Board, to include 
the obligation to render impartial determinations on 
petitions considered by the Board under this section. 
(5) RECUSAL.—An Officer or Attorney of the 
Board shall recuse himself or herself from participa-
tion in any proceeding with respect to which the Of-
ficer or Attorney, as the case may be, has reason to 
believe that he or she has a conflict of interest. 
(6) EX PARTE COMMUNICATIONS.—Except as 
may otherwise be permitted by applicable law, any 
party or interested owner involved in a proceeding 
before the Board shall refrain from ex parte commu-
nications with the Officers of the Board and the 
Commission relevant to the merits of such pro-
ceeding before the Board. 
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(7) JUDICIAL REVIEW.—Actions of the Officers 
and the Commission under this section in connection 
with the rendering of any determination are subject 
to judicial review as provided under subsection 
(g)(28). 
(f) CONDUCT OF PROCEEDINGS OF THE BOARD.— 
(1) IN
GENERAL.—Proceedings of the Board 
shall be conducted in accordance with this section 
and regulations established by the Commission 
under this section, in addition to relevant principles 
of law. 
(2) 
RECORD.—The 
Board 
shall 
maintain 
records documenting the proceedings before the 
Board. 
(3) CENTRALIZED
PROCESS.—Proceedings be-
fore the Board shall— 
(A) be conducted at the offices of the 
Board without the requirement of in-person ap-
pearances by parties or others; 
(B) take place by means of written submis-
sions, hearings, and conferences carried out 
through internet-based applications and other 
telecommunications facilities, except that, in 
cases in which physical or other nontestimonial 
evidence material to a proceeding cannot be fur-
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nished to the Board through available tele-
communications facilities, the Board may make 
alternative arrangements for the submission of 
such evidence that do not prejudice any party 
or interested owner; and 
(C) be conducted and concluded in an ex-
peditious manner without causing undue preju-
dice to any party or interested owner. 
(4) REPRESENTATION.— 
(A) IN GENERAL.—A party or interested 
owner involved in a proceeding before the Board 
may be, but is not required to be, represented 
by— 
(i) an attorney; or 
(ii) a law student who is qualified 
under applicable law governing representa-
tion by law students of parties in legal pro-
ceedings and who provides such represen-
tation on a pro bono basis. 
(B) REPRESENTATION OF VICTIMS.— 
(i) IN GENERAL.—A petition involving 
a victim under the age of 16 at the time 
the petition is filed shall be filed by an au-
thorized representative, qualified organiza-
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tion, or a person described in subpara-
graph (A). 
(ii) NO
REQUIREMENT
FOR
QUALI-
FIED ORGANIZATIONS TO HAVE CONTACT 
WITH, OR
KNOWLEDGE
OF, VICTIM.—A 
qualified organization may submit a notifi-
cation to a provider or file a petition on be-
half of a victim without regard to whether 
the qualified organization has contact with 
the victim or knows the identity, location, 
or contact information of the victim. 
(g) PROCEDURES TO CONTEST A FAILURE TO RE-
MOVE CHILD SEXUAL ABUSE MATERIAL OR A NOTIFICA-
TION REPORTING CHILD SEXUAL ABUSE MATERIAL.— 
(1) PROCEDURE TO CONTEST A FAILURE TO 
REMOVE.— 
(A) COMPLAINANT
PETITION.—A com-
plainant may file a petition to the Board claim-
ing that, as applicable— 
(i) the complainant submitted a com-
plete notification to a provider concerning 
alleged child sexual abuse material, and 
that— 
(I) the provider— 
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(aa) did not remove the al-
leged child sexual abuse material 
within the timeframe required 
under subsection (c)(1)(A)(i); or 
(bb) 
incorrectly 
claimed 
that— 
(AA) the alleged child 
sexual abuse material at 
issue could not be located or 
removed through reasonable 
means; 
(BB) the notification 
was incomplete; or 
(CC) the notification 
was duplicative under sub-
section (c)(2)(C)(i); and 
(II) did not file a timely petition 
to contest the notification with the 
Board under paragraph (2); or 
(ii) a provider is hosting alleged child 
sexual abuse material, does not have a des-
ignated reporting system, and the com-
plainant was unable to serve a notification 
on the provider under this subsection de-
spite reasonable efforts. 
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(B) ADDITIONAL CLAIM.—As applicable, a 
petition filed under subparagraph (A) may also 
claim that the alleged child sexual abuse mate-
rial at issue in the petition involves recidivist 
hosting. 
(C) TIMEFRAME.— 
(i) IN
GENERAL.—A petition under 
this paragraph shall be considered timely if 
it is filed within 30 days of the applicable 
start date, as defined under clause (ii). 
(ii) APPLICABLE
START
DATE.—For 
purposes of clause (i), the term ‘‘applicable 
start date’’ means— 
(I) in the case of a petition under 
subparagraph (A)(i) claiming that the 
alleged child sexual abuse material 
was not removed or that the provider 
made an incorrect claim relating to 
the alleged child sexual abuse material 
or notification, the day that the pro-
vider’s option to file a petition has ex-
pired under paragraph (2)(B); and 
(II) in the case of a petition 
under subparagraph (A)(ii) related to 
a notification that could not be 
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served, the last day of the 2-week pe-
riod that begins on the day on which 
the complainant first attempted to 
serve a notification on the provider in-
volved. 
(D) IDENTIFICATION OF VICTIM.—Any pe-
tition filed to the Board by the victim or an au-
thorized representative of the victim shall in-
clude the victim’s legal name. A petition filed to 
the Board by a qualified organization may, but 
is not required to, include the victim’s legal 
name. Any petition containing the victim’s legal 
name shall be filed under seal. The victim’s 
legal name shall be redacted from any docu-
ments served on the provider and interested 
owner or made publicly available. 
(E) FAILURE TO REMOVE CHILD SEXUAL 
ABUSE MATERIAL IN TIMELY MANNER.—A com-
plainant may file a petition under subparagraph 
(A)(i) claiming that alleged child sexual abuse 
material was not removed even if the alleged 
child sexual abuse material was removed prior 
to the petition being filed, so long as the peti-
tion claims that the alleged child sexual abuse 
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100 
material was not removed within the timeframe 
specified in subsection (c)(1). 
(2) PROCEDURE
TO
CONTEST
A
NOTIFICA-
TION.— 
(A) PROVIDER
PETITION.—If a provider 
receives a complete notification as described in 
subsection (c)(2) through its designated report-
ing system or in accordance with subsection 
(c)(2)(F)(i), the provider may file a petition to 
the Board claiming that the provider has a 
good faith belief that, as applicable— 
(i) the visual depiction that is the sub-
ject of the notification does not constitute 
child sexual abuse material; 
(ii) the notification is frivolous or was 
submitted with an intent to harass the pro-
vider or any person; 
(iii) the alleged child sexual abuse ma-
terial cannot reasonably be located by the 
provider; 
(iv) for reasons beyond the control of 
the provider, the provider cannot remove 
the alleged child sexual abuse material 
using reasonable means; or 
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101 
(v) the notification was duplicative 
under subsection (c)(2)(C)(i). 
(B) TIMEFRAME.— 
(i) IN GENERAL.—Subject to clauses 
(ii) and (iii), a petition contesting a notifi-
cation under this paragraph shall be con-
sidered timely if it is filed by a provider 
not later than 14 days after the day on 
which the provider receives the notification 
or the notification is made complete under 
subsection (c)(2)(D)(i). 
(ii) NO DESIGNATED REPORTING SYS-
TEM.—Subject to clause (iii), if a provider 
does not have a designated reporting sys-
tem, a petition contesting a notification 
under this paragraph shall be considered 
timely if it is filed by a provider not later 
than 7 days after the day on which the 
provider receives the notification or the no-
tification is made complete under sub-
section (c)(2)(D)(i). 
(iii) SMALL PROVIDERS.—In the case 
of a small provider, each of the timeframes 
applicable under clauses (i) and (ii) shall 
be increased by 48 hours. 
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102 
(3) COMMENCEMENT OF PROCEEDING.— 
(A) IN GENERAL.—In order to commence 
a proceeding under this section, a petitioning 
party shall, subject to such additional require-
ments as may be prescribed in regulations es-
tablished by the Commission, file a petition 
with the Board, that includes a statement of 
claims and material facts in support of each 
claim in the petition. A petition may set forth 
more than one claim. A petition shall also in-
clude information establishing that it has been 
filed within the applicable timeframe. 
(B) REVIEW OF PETITIONS BY CHILD ON-
LINE PROTECTION ATTORNEYS.—Child Online 
Protection Attorneys may review petitions to 
assess whether they are complete. The Board 
may permit a petitioning party to refile a defec-
tive petition. The Attorney may assist the peti-
tioning party in making any corrections. 
(C) DISMISSAL.—The Board may dismiss, 
with or without prejudice, any petition that fails 
to comply with subparagraph (A). 
(4) SERVICE OF PROCESS REQUIREMENTS FOR 
PETITIONS.— 
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103 
(A) IN GENERAL.—For purposes of peti-
tions under paragraphs (1) and (2), the peti-
tioning party shall, at or before the time of fil-
ing a petition, serve a copy on the other party. 
A corporation, partnership, or unincorporated 
association that is subject to suit in courts of 
general jurisdiction under a common name shall 
be served by delivering a copy of the petition to 
its service agent, if one has been so designated. 
(B) MANNER OF SERVICE.— 
(i) 
SERVICE
BY
NONDIGITAL 
MEANS.—Service by nondigital means may 
be any of the following: 
(I) Personal, including delivery to 
a responsible person at the office of 
counsel. 
(II) By priority mail. 
(III) By third-party commercial 
carrier for delivery within 3 days. 
(ii) SERVICE
BY
DIGITAL
MEANS.— 
Service of a paper may be made by sending 
it by any digital means, including through 
a provider’s designated reporting system. 
(iii) 
WHEN
SERVICE
IS
COM-
PLETED.—Service by mail or by commer-
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104 
cial carrier is complete 3 days after the 
mailing or delivery to the carrier. Service 
by digital means is complete on filing or 
sending, unless the party making service is 
notified that the paper was not received by 
the party served. 
(C) PROOF OF SERVICE.—A petition filed 
under paragraph (1) or (2) shall contain— 
(i) an acknowledgment of service by 
the person served; 
(ii) proof of service consisting of a 
statement by the person who made service 
certifying— 
(I) the date and manner of serv-
ice; 
(II) the names of the persons 
served; and 
(III) their mail or electronic ad-
dresses, facsimile numbers, or the ad-
dresses of the places of delivery, as 
appropriate for the manner of service; 
or 
(iii) a statement indicating that serv-
ice could not reasonably be completed. 
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105 
(D) ATTORNEY FEES AND COSTS.—Except 
as otherwise provided in this subsection, all par-
ties to a petition shall bear their own attorney 
fees and costs. 
(5) SERVICE OF OTHER DOCUMENTS.—Docu-
ments submitted or relied upon in a proceeding, 
other than the petition, shall be served in accordance 
with regulations established by the Commission. 
(6) NOTIFICATION OF RIGHT TO OPT OUT.—In 
order to effectuate service on a responding party, 
the petition shall notify the responding party of their 
right to opt out of the proceeding before the Board, 
and the consequences of opting out and not opting 
out, including a prominent statement that by not 
opting out the respondent— 
(A) loses the opportunity to have the dis-
pute decided by a court created under article 
III of the Constitution of the United States; 
and 
(B) waives the right to a jury trial regard-
ing the dispute. 
(7) INITIAL PROCEEDINGS.— 
(A) CONFERENCE.—Within 1 week of com-
pletion of service of a petition under paragraph 
(4), 1 or more Officers of the Board shall hold 
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a conference to address the matters described 
in subparagraphs (B) and (C). 
(B) OPT-OUT
PROCEDURE.—At the con-
ference, an Officer of the Board shall explain 
that the responding party has a right to opt out 
of the proceeding before the Board, and de-
scribe the consequences of opting out and not 
opting out as described in paragraph (6). A re-
sponding party shall have a period of 30 days, 
beginning on the date of the conference, in 
which to provide written notice of such choice 
to the petitioning party and the Board. If the 
responding party does not submit an opt-out 
notice to the Board within that 30-day period, 
the proceeding shall be deemed an active pro-
ceeding and the responding party shall be 
bound by the determination in the proceeding. 
If the responding party opts out of the pro-
ceeding during that 30-day period, the pro-
ceeding shall be dismissed without prejudice. 
(C) DISABLING
ACCESS.—At the con-
ference, except for petitions setting forth claims 
described in clauses (iii) and (iv) of paragraph 
(2)(A), an Officer of the Board shall order the 
provider involved to disable public and user ac-
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107 
cess to the alleged child sexual abuse material 
at issue in the petition for the pendency of the 
proceeding, including judicial review as provided 
in subsection (g)(28), unless the Officer of the 
Board finds that— 
(i) it is likely that the Board will find 
that the petition is frivolous or was filed 
with an intent to harass any person; 
(ii) there is a probability that dis-
abling public and user access to such al-
leged child sexual abuse material will cause 
irreparable harm; 
(iii) the balance of equities weighs in 
favor of preserving public and user access 
to the alleged child sexual abuse material; 
and 
(iv) disabling public and user access 
to the alleged child sexual abuse material 
is contrary to the public interest. 
(D) EFFECT OF FAILURE TO DISABLE AC-
CESS.— 
(i) PROVIDER PETITION.—If the peti-
tion was filed by a provider, and the pro-
vider fails to comply with an order issued 
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pursuant to subparagraph (B), the Board 
may— 
(I) dismiss the petition with prej-
udice; and 
(II) refer the matter to the At-
torney General. 
(ii) EFFECT OF DISMISSAL.—If a pro-
vider’s petition is dismissed under clause 
(i)(I), the complainant may bring a peti-
tion under paragraph (1) as if the provider 
did not file a petition within the timeframe 
specified in paragraph (2)(B). For pur-
poses of paragraph (1)(C)(ii), the applica-
ble start date shall be the date the pro-
vider’s petition was dismissed. 
(iii) COMPLAINANT PETITION.—If the 
petition was filed by a complainant, and 
the provider fails to comply with an order 
issued pursuant to subparagraph (B), the 
Board— 
(I) shall— 
(aa) expedite resolution of 
the petition; and 
(bb) refer the matter to the 
Attorney General; and 
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109 
(II) may apply an adverse infer-
ence with respect to disputed facts 
against such provider. 
(8) SCHEDULING.—Upon receipt of a complete 
petition and at the conclusion of the opt out proce-
dure described in paragraph (7), the Board shall 
issue a schedule for the future conduct of the pro-
ceeding. A schedule issued by the Board may be 
amended by the Board in the interests of justice. 
(9) CONFERENCES.—One or more Officers of 
the Board may hold a conference to address case 
management or discovery issues in a proceeding, 
which shall be noted upon the record of the pro-
ceeding and may be recorded or transcribed. 
(10) PARTY SUBMISSIONS.—A proceeding of the 
Board may not include any formal motion practice, 
except that, subject to applicable regulations and 
procedures of the Board— 
(A) the parties to the proceeding and an 
interested owner may make requests to the 
Board to address case management and dis-
covery matters, and submit responses thereto; 
and 
(B) the Board may request or permit par-
ties and interested owners to make submissions 
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110 
addressing relevant questions of fact or law, or 
other matters, including matters raised sua 
sponte by the Officers of the Board, and offer 
responses thereto. 
(11) DISCOVERY.— 
(A) IN
GENERAL.—Discovery in a pro-
ceeding shall be limited to the production of rel-
evant information and documents, written inter-
rogatories, and written requests for admission, 
as provided in regulations established by the 
Commission, except that— 
(i) upon the request of a party, and 
for good cause shown, the Board may ap-
prove additional relevant discovery, on a 
limited basis, in particular matters, and 
may request specific information and docu-
ments from parties in the proceeding, con-
sistent with the interests of justice; 
(ii) upon the request of a party or in-
terested owner, and for good cause shown, 
the Board may issue a protective order to 
limit the disclosure of documents or testi-
mony that contain confidential informa-
tion; 
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111 
(iii) after providing notice and an op-
portunity to respond, and upon good cause 
shown, the Board may apply an adverse in-
ference with respect to disputed facts 
against a party or interested owner who 
has failed to timely provide discovery mate-
rials in response to a proper request for 
materials that could be relevant to such 
facts; and 
(iv) an interested owner shall only 
produce or receive discovery to the extent 
it relates to whether the visual depiction at 
issue constitutes child sexual abuse mate-
rial. 
(B) PRIVACY.—Any alleged child sexual 
abuse material received by the Board or the 
Commission as part of a proceeding shall be 
filed under seal and shall remain in the care, 
custody, and control of the Board or the Com-
mission. For purposes of discovery, the Board 
or Commission shall make the alleged child sex-
ual abuse material reasonably available to the 
parties and interested owner but shall not pro-
vide copies. The privacy protections described in 
section 3509(d) of title 18, United States Code, 
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112 
shall apply to the Board, Commission, provider, 
complainant, and interested owner. 
(12) RESPONSES.—The responding party may 
refute any of the claims or factual assertions made 
by the petitioning party, and may also claim that the 
petition was not filed in the applicable timeframe or 
is barred under subsection (h). If a complainant is 
the petitioning party, a provider may additionally 
claim in response that the notification was incom-
plete and could not be made complete under sub-
section (c)(2)(D)(i). The petitioning party may re-
fute any responses submitted by the responding 
party. 
(13) INTERESTED OWNER.—An individual noti-
fied under paragraph (19)(C)(ii) may, within 14 
days of being so notified, file a motion to join the 
proceeding for the limited purpose of claiming that 
the visual depiction at issue does not constitute child 
sexual abuse material. The Board shall serve the 
motion on both parties. Such motion shall include a 
factual basis and a signed statement, submitted 
under penalty of perjury, indicating that the indi-
vidual produced or created the visual depiction at 
issue. The Board shall dismiss any motion that does 
not include the signed statement or that was sub-
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113 
mitted by an individual who did not produce or cre-
ate the visual depiction at issue. If the motion is 
granted, the interested owner may also claim that 
the notification and petition were filed with an in-
tent to harass the interested owner. Any party may 
refute the claims and factual assertions made by the 
interested owner. 
(14) EVIDENCE.—The Board may consider the 
following types of evidence in a proceeding, and such 
evidence may be admitted without application of for-
mal rules of evidence: 
(A) Documentary and other nontestimonial 
evidence that is relevant to the petitions or re-
sponses in the proceeding. 
(B) Testimonial evidence, submitted under 
penalty of perjury in written form or in accord-
ance with paragraph (15), limited to statements 
of the parties and nonexpert witnesses, that is 
relevant to the petitions or responses in a pro-
ceeding, except that, in exceptional cases, expert 
witness testimony or other types of testimony 
may be permitted by the Board for good cause 
shown. 
(15) HEARINGS.—Unless waived by all parties, 
the Board shall conduct a hearing to receive oral 
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114 
presentations on issues of fact or law from parties 
and witnesses to a proceeding, including oral testi-
mony, subject to the following: 
(A) Any such hearing shall be attended by 
not fewer than two of the Officers of the Board. 
(B) The hearing shall be noted upon the 
record of the proceeding and, subject to sub-
paragraph (C), may be recorded or transcribed 
as deemed necessary by the Board. 
(C) A recording or transcript of the hear-
ing shall be made available to any Officer of the 
Board who is not in attendance. 
(16) VOLUNTARY DISMISSAL.— 
(A) BY
PETITIONING
PARTY.—Upon the 
written request of a petitioning party, the 
Board shall dismiss the petition, with or with-
out prejudice. 
(B) BY
RESPONDING
PARTY
OR
INTER-
ESTED OWNER.—Upon written request of a re-
sponding party or interested owner, the Board 
shall dismiss any responses to the petition, and 
shall consider all claims and factual assertions 
in the petition to be true. 
(17) FACTUAL
FINDINGS.—Subject to para-
graph (11)(A)(iii), the Board shall make factual 
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115 
findings based upon a preponderance of the evi-
dence. 
(18) DETERMINATIONS.— 
(A) NATURE
AND
CONTENTS.—A deter-
mination rendered by the Board in a proceeding 
shall— 
(i) be reached by a majority of the 
Board; 
(ii) be in writing, and include an ex-
planation of the factual and legal basis of 
the determination; and 
(iii) include a clear statement of all 
fines, costs, and other relief awarded. 
(B) DISSENT.—An Officer of the Board 
who dissents from a decision contained in a de-
termination under subparagraph (A) may ap-
pend a statement setting forth the grounds for 
that dissent. 
(19) PUBLICATION AND DISCLOSURE.— 
(A) PUBLICATION.—Each final determina-
tion of the Board shall be made available on a 
publicly accessible website, except that the final 
determination shall be redacted to protect con-
fidential information that is the subject of a 
protective order under paragraph (11)(A)(ii) or 
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information protected pursuant to paragraph 
(11)(B) and any other information protected 
from public disclosure under the Federal Trade 
Commission Act or any other applicable provi-
sion of law. 
(B) FREEDOM OF INFORMATION ACT.—All 
information relating to proceedings of the 
Board under this section is exempt from disclo-
sure to the public under section 552(b)(3) of 
title 5, except for determinations, records, and 
information published under subparagraph (A). 
Any information that is disclosed under this 
subparagraph shall have redacted any informa-
tion that is the subject of a protective order 
under paragraph (11)(A)(ii) or protected pursu-
ant to paragraph (11)(B). 
(C) EFFECT OF PETITION ON NON-DISCLO-
SURE PERIOD.— 
(i) Submission of a petition extends 
the non-disclosure period under subsection 
(c)(2)(I) for the pendency of the pro-
ceeding. The provider may submit an ob-
jection to the Board that nondisclosure is 
contrary to the interests of justice. The 
complainant may, but is not required to, 
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respond to the objection. The Board should 
sustain the objection unless there is reason 
to believe that the circumstances in section 
3486(a)(6)(B) of title 18, United States 
Code, exist and outweigh the interests of 
justice. 
(ii) If the Board sustains an objection 
to the nondisclosure period, the provider or 
the Board may notify the apparent owner 
of the visual depiction at issue about the 
proceeding, and include instructions on 
how the owner may move to join the pro-
ceeding under paragraph (13). 
(iii) If applicable, the nondisclosure 
period expires 120 days after the Board’s 
determination becomes final, except it shall 
expire immediately upon the Board’s deter-
mination becoming final if the Board finds 
that the visual depiction at issue is not 
child sexual abuse material. 
(iv) The interested owner of a visual 
depiction at issue may not bring any legal 
action against any party related to the al-
leged child sexual abuse material until the 
Board’s determination is final. Once the 
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determination is final, the interested owner 
of the visual depiction may pursue any 
legal relief available under the law, subject 
to subsections (h), (k), and (l). 
(20) RESPONDING PARTY’S DEFAULT.—If the 
Board finds that service of the petition on the re-
sponding party could not reasonably be completed, 
or the responding party has failed to appear or has 
ceased participating in a proceeding, as dem-
onstrated by the responding party’s failure, without 
justifiable cause, to meet one or more deadlines or 
requirements set forth in the schedule adopted by 
the Board, the Board may enter a default deter-
mination, including the dismissal of any responses 
asserted by the responding party, as follows and in 
accordance with such other requirements as the 
Commission may establish by regulation: 
(A) The Board shall require the petitioning 
party to submit relevant evidence and other in-
formation in support of the petitioning party’s 
claims and, upon review of such evidence and 
any other requested submissions from the peti-
tioning party, shall determine whether the ma-
terials so submitted are sufficient to support a 
finding in favor of the petitioning party under 
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applicable law and, if so, the appropriate relief 
and damages, if any, to be awarded. 
(B) If the Board makes an affirmative de-
termination under subparagraph (A), the Board 
shall prepare a proposed default determination, 
and shall provide written notice to the respond-
ing party at all addresses, including electronic 
mail addresses, reflected in the records of the 
proceeding before the Board, of the pendency of 
a default determination by the Board and of 
the legal significance of such determination. 
Such notice shall be accompanied by the pro-
posed default determination and shall provide 
that the responding party has a period of 30 
days, beginning on the date of the notice, to 
submit any evidence or other information in op-
position to the proposed default determination. 
(C) If the responding party responds to the 
notice provided under subparagraph (B) within 
the 30-day period provided in such subpara-
graph, the Board shall consider responding par-
ty’s submissions and, after allowing the peti-
tioning party to address such submissions, 
maintain, or amend its proposed determination 
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as appropriate, and the resulting determination 
shall not be a default determination. 
(D) If the respondent fails to respond to 
the notice provided under subparagraph (B), 
the Board shall proceed to issue the default de-
termination. Thereafter, the respondent may 
only challenge such determination to the extent 
permitted under paragraph (28). 
(21) PETITIONING
PARTY
OR
INTERESTED 
OWNER’S FAILURE TO PROCEED.—If a petitioning 
party or interested owner who has joined the pro-
ceeding fails to proceed, as demonstrated by the fail-
ure, without justifiable cause, to meet one or more 
deadlines or requirements set forth in the schedule 
adopted by the Board, the Board may, upon pro-
viding written notice to the petitioning party or in-
terested owner and a period of 30 days, beginning 
on the date of the notice, to respond to the notice, 
and after considering any such response, issue a de-
termination dismissing the claims made by the peti-
tioning party or interested owner. The Board may 
order the petitioning party to pay attorney fees and 
costs under paragraph (26)(B), if appropriate. 
Thereafter, the petitioning party may only challenge 
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such determination to the extent permitted under 
paragraph (28). 
(22) REQUEST
FOR
RECONSIDERATION.—A 
party or interested owner may, within 30 days after 
the date on which the Board issues a determination 
under paragraph (18), submit to the Board a writ-
ten request for reconsideration of, or an amendment 
to, such determination if the party or interested 
owner identifies a clear error of law or fact material 
to the outcome, or a technical mistake. After pro-
viding the other parties an opportunity to address 
such request, the Board shall either deny the request 
or issue an amended determination. 
(23) REVIEW BY COMMISSION.—If the Board 
denies a party or interested owner a request for re-
consideration of a determination under paragraph 
(22), the party or interested owner may, within 30 
days after the date of such denial, request review of 
the determination by the Commission in accordance 
with regulations established by the Commission. 
After providing the other party or interested owner 
an opportunity to address the request, the Commis-
sion shall either deny the request for review, or re-
mand the proceeding to the Board for reconsider-
ation of issues specified in the remand and for 
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issuance of an amended determination. Such amend-
ed determination shall not be subject to further con-
sideration or review, other than under paragraph 
(28). 
(24) FAVORABLE RULING ON COMPLAINANT PE-
TITION.— 
(A) IN GENERAL.—If the Board grants a 
complainant’s petition filed under this section, 
notwithstanding any other law, the Board 
shall— 
(i) order the provider to immediately 
remove the child sexual abuse material, 
and to permanently delete all copies of the 
child sexual abuse material known to and 
under the control of the provider unless 
the Board orders the provider to preserve 
the child sexual abuse material; 
(ii) impose a fine of $50,000 per item 
of child sexual abuse material covered by 
the determination, but if the Board finds 
that— 
(I) the provider removed the 
child sexual abuse material after the 
period 
set 
forth 
in 
subsection 
(c)(1)(A)(i), but before the complain-
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ant filed a petition, such fine shall be 
$25,000; 
(II) the provider has engaged in 
recidivist hosting for the first time 
with respect to the child sexual abuse 
material at issue, such fine shall be 
$100,000 per item of child sexual 
abuse material; or 
(III) the provider has engaged in 
recidivist hosting of the child sexual 
abuse material at issue 2 or more 
times, such fine shall be $200,000 per 
item of child sexual abuse material; 
(iii) order the provider to pay reason-
able costs to the complainant; and 
(iv) refer any matters involving inten-
tional or willful conduct by a provider with 
respect to child sexual abuse material, or 
recidivist hosting, to the Attorney General 
for prosecution under any applicable laws. 
(B) PROVIDER
PAYMENT
OF
FINE
AND 
COSTS.—Notwithstanding any other law, the 
Board shall direct a provider to promptly pay 
fines and costs imposed under subparagraph 
(A) as follows: 
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(i) If the petition was filed by a vic-
tim, such fine and costs shall be paid to 
the victim. 
(ii) If the petition was filed by an au-
thorized representative of a victim— 
(I) 30 percent of such fine shall 
be paid to the authorized representa-
tive and 70 percent of such fine paid 
to the victim; and 
(II) costs shall be paid to the au-
thorized representative. 
(iii) If the petition was filed by a 
qualified organization— 
(I) the fine shall be paid to the 
Child Pornography Victims Reserve as 
provided in section 2259B of title 18, 
United States Code; and 
(II) costs shall be paid to the 
qualified organization. 
(25) EFFECT OF DENIAL OF PROVIDER PETI-
TION.— 
(A) IN GENERAL.—If the Board denies a 
provider’s petition to contest a notification filed 
under paragraph (2), it shall order the provider 
to immediately remove the child sexual abuse 
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material, and to permanently delete all copies of 
the child sexual abuse material known to and 
under the control of the provider unless the 
Board orders the provider to preserve the child 
sexual abuse material. 
(B) REFERRAL FOR FAILURE TO REMOVE 
MATERIAL.—If a provider does not remove and, 
if applicable, permanently delete child sexual 
abuse material within 48 hours of the Board 
issuing a determination under subparagraph 
(A), or not later than 2 business days of the 
Board issuing a determination under subpara-
graph (A) concerning a small provider, the 
Board shall refer the matter to the Attorney 
General for prosecution under any applicable 
laws. 
(C) COSTS FOR FRIVOLOUS PETITION.—If 
the Board finds that a provider filed a petition 
under paragraph (2) for a harassing or im-
proper purpose or without reasonable basis in 
law or fact, the Board shall order the provider 
to pay the reasonable costs of the complainant. 
(26) EFFECT OF DENIAL OF COMPLAINANT’S 
PETITION OR FAVORABLE RULING ON PROVIDER’S 
PETITION.— 
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(A) RESTORATION.—If the Board grants a 
provider’s petition filed under paragraph (2) or 
if the Board denies a petition filed by the com-
plainant under paragraph (1), the provider may 
restore access to any visual depiction that was 
at issue in the proceeding. 
(B) COSTS FOR INCOMPLETE OR FRIVO-
LOUS NOTIFICATION AND HARASSMENT.—If, in 
granting or denying a petition as described in 
subparagraph (A), the Board finds that the no-
tification contested in the petition could not be 
made complete under subsection (c)(2)(D), is 
frivolous, or is duplicative under subsection 
(c)(2)(C)(i), the Board may order the complain-
ant to pay costs to the provider and any inter-
ested owner, which shall not exceed a total of 
$10,000, or, if the Board finds that the com-
plainant filed the notification with an intent to 
harass the provider or any person, a total of 
$15,000. 
(27) CIVIL ACTION; OTHER RELIEF.— 
(A) IN GENERAL.—Whenever any provider 
or complainant fails to comply with a final de-
termination of the Board issued under para-
graph (18), the Department of Justice may 
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commence a civil action in a district court of 
the United States to enforce compliance with 
such determination. 
(B) SAVINGS
CLAUSE.—Nothing in this 
section shall be construed to limit the authority 
of the Commission or Department of Justice 
under any other provision of law. 
(28) CHALLENGES TO THE DETERMINATION.— 
(A) BASES
FOR
CHALLENGE.—Not later 
than 45 days after the date on which the Board 
issues a determination or amended determina-
tion in a proceeding, or not later than 45 days 
after the date on which the Board completes 
any process of reconsideration or the Commis-
sion completes a review of the determination, 
whichever occurs later, a party may seek an 
order from a district court, located where the 
provider or complainant conducts business or 
resides, vacating, modifying, or correcting the 
determination of the Board in the following 
cases: 
(i) If the determination was issued as 
a result of fraud, corruption, misrepresen-
tation, or other misconduct. 
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(ii) If the Board exceeded its author-
ity or failed to render a determination con-
cerning the subject matter at issue. 
(iii) In the case of a default deter-
mination or determination based on a fail-
ure to prosecute, if it is established that 
the default or failure was due to excusable 
neglect. 
(B) PROCEDURE TO CHALLENGE.— 
(i) NOTICE OF APPLICATION.—Notice 
of the application to challenge a determina-
tion of the Board shall be provided to all 
parties to the proceeding before the Board, 
in accordance with the procedures applica-
ble to service of a motion in the court 
where the application is made. 
(ii) STAYING OF PROCEEDINGS.—For 
purposes of an application under this para-
graph, any judge who is authorized to 
issue an order to stay the proceedings in 
an any other action brought in the same 
court may issue an order, to be served with 
the notice of application, staying pro-
ceedings to enforce the award while the 
challenge is pending. 
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(29) FINAL DETERMINATION.—A determination 
of the Board shall be final on the date that all op-
portunities for a party or interested owner to seek 
reconsideration or review of a determination under 
paragraph (22) or (23), or for a party to challenge 
the determination under paragraph (28), have ex-
pired or are exhausted. 
(h) EFFECT OF PROCEEDING.— 
(1) SUBSEQUENT PROCEEDINGS.—The issuance 
of a final determination by the Board shall preclude 
the filing by any party of any subsequent petition 
that is based on the notification at issue in the final 
determination. This paragraph shall not limit the 
ability of any party to file a subsequent petition 
based on any other notification. 
(2) DETERMINATION.—Except as provided in 
paragraph (1), the issuance of a final determination 
by the Board, including a default determination or 
determination based on a failure to prosecute, shall 
preclude relitigation of any allegation, factual claim, 
or response in any subsequent legal action or pro-
ceeding before any court, tribunal, or the Board, and 
may be relied upon for such purpose in a future ac-
tion or proceeding arising from the same specific ac-
tivity, subject to the following: 
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(A) No party or interested owner may re-
litigate any allegation, factual claim, or re-
sponse that was properly asserted and consid-
ered by the Board in any subsequent proceeding 
before the Board involving the same parties or 
interested owner and the same child sexual 
abuse material. 
(B) A finding by the Board that a visual 
depiction constitutes child sexual abuse mate-
rial— 
(i) may not be relitigated in any civil 
proceeding brought by an interested owner; 
and 
(ii) may not be relied upon, and shall 
not have preclusive effect, in any other ac-
tion or proceeding involving any party be-
fore any court or tribunal other than the 
Board. 
(C) A determination by the Board shall 
not preclude litigation or relitigation as between 
the same or different parties before any court 
or tribunal other than the Board of the same 
or similar issues of fact or law in connection 
with allegations or responses not asserted or 
not finally determined by the Board. 
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131 
(D) Except to the extent permitted under 
this subsection, any final determination of the 
Board may not be cited or relied upon as legal 
precedent in any other action or proceeding be-
fore any court or tribunal other than the 
Board. 
(3) OTHER
MATERIALS
IN
PROCEEDING.—A 
submission or statement of a party, interested 
owner, or witness made in connection with a pro-
ceeding before the Board, including a proceeding 
that is dismissed, may not serve as the basis of any 
action or proceeding before any court or tribunal ex-
cept for any legal action related to perjury or for 
conduct described in subsection (k)(2). A statement 
of a party, interested owner, or witness may be re-
ceived as evidence, in accordance with applicable 
rules, in any subsequent legal action or proceeding 
before any court, tribunal, or the Board. 
(4) FAILURE
TO
ASSERT
RESPONSE.—Except 
as provided in paragraph (1), the failure or inability 
to assert any allegation, factual claim, or response in 
a proceeding before the Board shall not preclude the 
assertion of that response in any subsequent legal 
action or proceeding before any court, tribunal, or 
the Board. 
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(i) ADMINISTRATION.—The Commission may issue 
regulations in accordance with section 553 of title 5, 
United States Code, to implement this section. 
(j) STUDY.— 
(1) IN GENERAL.—Not later than 3 years after 
the date on which Child Online Protection Board 
issues the first determination under this section, the 
Commission shall conduct, and report to Congress 
on, a study that addresses the following: 
(A) The use and efficacy of the Child On-
line Protection Board in expediting the removal 
of child sexual abuse material and resolving dis-
putes concerning alleged child sexual abuse ma-
terial, including the number of proceedings the 
Child Online Protection Board could reasonably 
administer with current allocated resources. 
(B) Whether adjustments to the authority 
of the Child Online Protection Board are nec-
essary or advisable, including with respect to 
permissible claims, responses, fines, costs, and 
joinder by interested parties. 
(C) Whether the Child Online Protection 
Board should be permitted to expire, be ex-
tended, or be expanded. 
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(D) Such other matters as the Commission 
believes may be pertinent concerning the Child 
Online Protection Board. 
(2) CONSULTATION.—In conducting the study 
and completing the report required under paragraph 
(1), the Commission shall, to the extent feasible, 
consult with complainants, victims, and providers to 
include their views on the matters addressed in the 
study and report. 
(k) LIMITED LIABILITY.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), a civil claim or criminal charge against 
the Board, a provider, a complainant, interested 
owner, or representative under subsection (f)(4), for 
distributing, receiving, accessing, or possessing child 
sexual abuse material for the sole and exclusive pur-
pose of complying with the requirements of this sec-
tion, or for the sole and exclusive purpose of seeking 
or providing legal advice in order to comply with this 
section, may not be brought in any Federal or State 
court. 
(2) INTENTIONAL, RECKLESS, OR OTHER MIS-
CONDUCT.—Paragraph (1) shall not apply to a claim 
against the Board, a provider, a complainant, inter-
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ested owner, or representative under subsection 
(f)(4)— 
(A) for any conduct unrelated to compli-
ance with the requirements of this section; 
(B) if the Board, provider, complainant, 
interested owner, or representative under sub-
section (f)(4) (as applicable)— 
(i) engaged in intentional misconduct; 
or 
(ii) acted, or failed to act— 
(I) with actual malice; or 
(II) with reckless disregard to a 
substantial risk of causing physical in-
jury without legal justification; or 
(C) in the case of a claim against a com-
plainant, if the complainant falsely claims to be 
a victim, an authorized representative of a vic-
tim, or a qualified organization. 
(3) MINIMIZING ACCESS.—The Board, a pro-
vider, a complainant, an interested owner, or a rep-
resentative under subsection (f)(4) shall— 
(A) minimize the number of individuals 
that are provided access to any alleged, con-
tested, or actual child sexual abuse material 
under this section; 
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135 
(B) ensure that any alleged, contested, or 
actual child sexual abuse material is trans-
mitted and stored in a secure manner and is 
not distributed to or accessed by any individual 
other than as needed to implement this section; 
and 
(C) ensure that all copies of any child sex-
ual abuse material are permanently deleted 
upon a request from the Board, Commission, or 
the Federal Bureau of Investigation. 
(l) PROVIDER IMMUNITY FROM CLAIMS BASED ON 
REMOVAL OF VISUAL DEPICTION.—A provider shall not 
be liable to any person for any claim based on the pro-
vider’s good faith removal of any visual depiction that is 
alleged to be child sexual abuse material pursuant to a 
notification under this section, regardless of whether the 
visual depiction involved is found to be child sexual abuse 
material by the Board. A provider shall not be liable to 
any person for any claim based on the provider’s good 
faith discretionary removal of any alleged related 
exploitive visual depictions pursuant to a notification 
under this section. 
(m) CONTINUED
APPLICABILITY
OF
FEDERAL, 
STATE, AND TRIBAL LAW.— 
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(1) IN
GENERAL.—This section shall not be 
construed to impair, supersede, or limit a provision 
of Federal, State, or Tribal law. 
(2) NO PREEMPTION.—Nothing in this section 
shall prohibit a State or Tribal government from 
adopting and enforcing a provision of law governing 
child sex abuse material that is at least as protective 
of the rights of a victim as this section. 
(n) DISCOVERY.—Nothing in this section affects dis-
covery, a subpoena or any other court order, or any other 
judicial process otherwise in accordance with Federal or 
State law. 
(o) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to relieve a provider from any obli-
gation imposed on the provider under section 2258A of 
title 18, United States Code. 
(p) FUNDING.—There are authorized to be appro-
priated to pay the costs incurred by the Commission under 
this section, including the costs of establishing and main-
taining the Board and its facilities, $40,000,000 for each 
year during the period that begins with the year in which 
this Act is enacted and ends with the year in which certain 
subsections of this section expire under subsection (q). 
(q) SUNSET.—Except for subsections (a), (h), (k), 
(l), (m), (n), (o), and (r), this section shall expire 5 years 
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after the date on which the Child Online Protection Board 
issues its first determination under this section. 
(r) DEFINITIONS.—In this section: 
(1) BOARD.—The term ‘‘Board’’ means the 
Child Online Protection Board established under 
subsection (d). 
(2) CHILD
SEXUAL
ABUSE
MATERIAL.—The 
term ‘‘child sexual abuse material’’ has the meaning 
provided in section 2256(8) of title 18, United 
States Code. 
(3) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(4) COMPLAINANT.—The term ‘‘complainant’’ 
means— 
(A) the victim appearing in the child sex-
ual abuse material; 
(B) an authorized representative of the vic-
tim appearing in the child sexual abuse mate-
rial; or 
(C) a qualified organization. 
(5) DESIGNATED
REPORTING
SYSTEM.—The 
term ‘‘designated reporting system’’ means a digital 
means of submitting a notification to a provider 
under this subsection that is publicly and promi-
nently available, easily accessible, and easy to use. 
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(6) HOST.—The term ‘‘host’’ means to store or 
make a visual depiction available or accessible to the 
public or any users through digital means or on a 
system or network controlled or operated by or for 
a provider. 
(7) IDENTIFIABLE PERSON.—The term ‘‘identi-
fiable person’’ means a person who is recognizable 
as an actual person by the person’s face, likeness, or 
other distinguishing characteristic, such as a unique 
birthmark or other recognizable feature. 
(8) INTERESTED
OWNER.—The term ‘‘inter-
ested owner’’ means an individual who has joined a 
proceeding before the Board under subsection 
(g)(13). 
(9) PARTY.—The term ‘‘party’’ means the com-
plainant or provider. 
(10) PROVIDER.—The term ‘‘provider’’ means a 
provider of an interactive computer service, as that 
term is defined in section 230 of the Communica-
tions Act of 1934 (47 U.S.C. 230), and for purposes 
of subsections (k) and (l), includes any director, offi-
cer, employee, or agent of such provider. 
(11) QUALIFIED
ORGANIZATION.—The term 
‘‘qualified organization’’ means an organization de-
scribed in section 501(c)(3) of the Internal Revenue 
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Code of 1986 that is exempt from tax under section 
501(a) of that Code that works to address child sex-
ual abuse material and to support victims of child 
sexual abuse material. 
(12) RECIDIVIST HOSTING.—The term ‘‘recidi-
vist hosting’’ means, with respect to a provider, that 
the provider removes child sexual abuse material 
pursuant to a notification or determination under 
this subsection, and then subsequently hosts a visual 
depiction that has the same hash value or other 
technical identifier as the child sexual abuse material 
that had been so removed. 
(13) RELATED
EXPLOITIVE
VISUAL
DEPIC-
TION.—The term ‘‘related exploitive visual depic-
tion’’ means a visual depiction of an identifiable per-
son of any age where— 
(A) such visual depiction does not con-
stitute child sexual abuse material, but is pub-
lished with child sexual abuse material depict-
ing that person while under 18 years of age; 
and 
(B) there is a connection between such vis-
ual depiction and the child sexual abuse mate-
rial depicting that person while under 18 years 
of age that is readily apparent from— 
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