I 
118TH CONGRESS 
1ST SESSION H. R. 2732 
To protect victims of online child sexual abuse, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 19, 2023 
Mrs. WAGNER (for herself, Ms. GARCIA of Texas, Mr. OWENS, Ms. JACKSON 
LEE, Mr. VALADAO, Mr. MOORE of Utah, Mr. DONALDS, Mr. SMITH of 
Missouri, and Mr. CALVERT) introduced the following bill; which was re-
ferred to the Committee on the Judiciary, and in addition to the Com-
mittee on Energy and Commerce, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To protect victims of online child sexual abuse, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Eliminating Abusive 
and Rampant Neglect of Interactive Technologies Act of 
2023’’ or the ‘‘EARN IT Act of 2023’’. 
VerDate Sep 11 2014 
22:08 Apr 26, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2732.IH
H2732
kjohnson on DSK79L0C42PROD with BILLS
SEC. 2. 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 
VerDate Sep 11 2014 
22:08 Apr 26, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2732.IH
H2732
kjohnson on DSK79L0C42PROD with BILLS
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-
VerDate Sep 11 2014 
22:08 Apr 26, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2732.IH
H2732
kjohnson on DSK79L0C42PROD with BILLS
paragraph if the evidence is otherwise admis-
sible.’’. 
SEC. 3. 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)— 
VerDate Sep 11 2014 
22:08 Apr 26, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2732.IH
H2732
kjohnson on DSK79L0C42PROD with BILLS
(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 
VerDate Sep 11 2014 
00:03 Apr 27, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2732.IH
H2732
kjohnson on DSK79L0C42PROD with BILLS
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 ‘‘material constituting 
or containing child pornog-
raphy’’ and inserting ‘‘child sex-
ual abuse material’’; 
VerDate Sep 11 2014 
22:08 Apr 26, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2732.IH
H2732
kjohnson on DSK79L0C42PROD with BILLS
(II) in subsection (a)— 
(aa) in paragraph (1), by 
striking ‘‘child pornography’’ and 
inserting ‘‘child sexual abuse ma-
terial’’; 
(bb) in paragraph (2)— 
(AA) in subparagraph 
(A), by striking ‘‘child por-
nography’’ 
and 
inserting 
‘‘child sexual abuse mate-
rial’’; and 
(BB) in subparagraph 
(B), by striking ‘‘material 
that contains child pornog-
raphy’’ and inserting ‘‘child 
sexual abuse material’’; 
(cc) in paragraph (3)(A), by 
striking ‘‘child pornography’’ and 
inserting ‘‘child sexual abuse ma-
terial’’; 
(dd) in paragraph (4)— 
(AA) in subparagraph 
(A), by striking ‘‘child por-
nography’’ 
and 
inserting 
VerDate Sep 11 2014 
22:08 Apr 26, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2732.IH
H2732
kjohnson on DSK79L0C42PROD with BILLS
‘‘child sexual abuse mate-
rial’’; and 
(BB) in subparagraph 
(B), by striking ‘‘child por-
nography’’ 
and 
inserting 
‘‘child sexual abuse mate-
rial’’; 
(ee) in paragraph (5)— 
(AA) in subparagraph 
(A), by striking ‘‘material 
that contains an image of 
child pornography’’ and in-
serting 
‘‘item 
containing 
child sexual abuse material’’; 
and 
(BB) in subparagraph 
(B), by striking ‘‘material 
that contains an image of 
child pornography’’ and in-
serting 
‘‘item 
containing 
child sexual abuse material’’; 
and 
(ff) in paragraph (7)— 
(AA) by striking ‘‘child 
pornography’’ and inserting 
VerDate Sep 11 2014 
22:08 Apr 26, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2732.IH
H2732
kjohnson on DSK79L0C42PROD with BILLS
‘‘child sexual abuse mate-
rial’’; and 
(BB) by striking the 
period at the end and insert-
ing a comma; 
(III) in subsection (b)— 
(aa) in paragraph (1), by 
striking ‘‘child pornography’’ and 
inserting ‘‘child sexual abuse ma-
terial’’; and 
(bb) in paragraph (2), by 
striking 
‘‘child 
pornography’’ 
each place the term appears and 
inserting ‘‘child sexual abuse ma-
terial’’; 
(IV) in subsection (c)— 
(aa) in paragraph (1)(A), by 
striking ‘‘child pornography’’ and 
inserting ‘‘child sexual abuse ma-
terial’’; 
(bb) in paragraph (2), by 
striking ‘‘child pornography’’ and 
inserting ‘‘child sexual abuse ma-
terial’’; and 
VerDate Sep 11 2014 
00:03 Apr 27, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2732.IH
H2732
kjohnson on DSK79L0C42PROD with BILLS
(cc) in the undesignated 
matter following paragraph (2), 
by striking ‘‘child pornography’’ 
and inserting ‘‘child sexual abuse 
material’’; 
(V) in subsection (d)(1), by strik-
ing ‘‘child pornography’’ and inserting 
‘‘child sexual abuse material’’; and 
(VI) in subsection (e), by striking 
‘‘child pornography’’ each place the 
term appears and inserting ‘‘child sex-
ual abuse material’’; 
(iv) in section 2256(8)— 
(I) by striking ‘‘child pornog-
raphy’’ and inserting ‘‘child sexual 
abuse material’’; and 
(II) by striking the period at the 
end and inserting a semicolon; 
(v) in section 2257A(h)— 
(I) in paragraph (1)(A)(iii)— 
(aa) by inserting a comma 
after ‘‘marketed’’; 
(bb) by striking ‘‘such than’’ 
and inserting ‘‘such that’’; and 
VerDate Sep 11 2014 
22:08 Apr 26, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2732.IH
H2732
kjohnson on DSK79L0C42PROD with BILLS
(cc) by striking ‘‘a visual de-
piction that is child pornog-
raphy’’ and inserting ‘‘child sex-
ual abuse material’’; and 
(II) in paragraph (2), by striking 
‘‘any visual depiction that is child por-
nography’’ and inserting ‘‘child sexual 
abuse material’’; 
(vi) in section 2258A— 
(I) in subsection (a)(2)— 
(aa) in subparagraph (A), 
by striking ‘‘child pornography’’ 
and inserting ‘‘child sexual abuse 
material’’; and 
(bb) in subparagraph (B), 
by striking ‘‘child pornography’’ 
and inserting ‘‘child sexual abuse 
material’’; 
(II) in subsection (b)— 
(aa) in paragraph (4)— 
(AA) in the paragraph 
heading, by striking ‘‘VIS-
UAL DEPICTIONS OF APPAR-
ENT CHILD PORNOGRAPHY’’ 
and inserting ‘‘APPARENT 
VerDate Sep 11 2014 
22:08 Apr 26, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2732.IH
H2732
kjohnson on DSK79L0C42PROD with BILLS
CHILD
SEXUAL
ABUSE
MA-
TERIAL’’; and 
(BB) by striking ‘‘vis-
ual depiction of apparent 
child pornography’’ and in-
serting ‘‘apparent child sex-
ual abuse material’’; and 
(bb) in paragraph (5), by 
striking ‘‘visual depiction of ap-
parent child pornography’’ and 
inserting ‘‘apparent child sexual 
abuse material’’; and 
(III) in subsection (g)(2)(B), by 
striking ‘‘visual depictions of apparent 
child pornography’’ and inserting ‘‘ap-
parent child sexual abuse material’’; 
(vii) in section 2258C— 
(I) in the section heading, by 
striking ‘‘Use to combat child 
pornography of technical ele-
ments 
relating 
to 
reports 
made to the CyberTipline’’ and 
inserting ‘‘Use of technical ele-
ments from reports made to 
VerDate Sep 11 2014 
22:08 Apr 26, 2023
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2732.IH
H2732
kjohnson on DSK79L0C42PROD with BILLS
the CyberTipline to combat 
child sexual abuse material’’; 
(II) in subsection (a)— 
(aa) in paragraph (2), by 
striking ‘‘child pornography’’ and 
inserting ‘‘child sexual abuse ma-
terial’’; and 
(bb) in paragraph (3), by 
striking ‘‘the actual visual depic-
tions of apparent child pornog-
raphy’’ and inserting ‘‘any appar-
ent child sexual abuse material’’; 
(III) in subsection (d), by strik-
ing ‘‘child pornography visual depic-
tion’’ and inserting ‘‘child sexual 
abuse material visual depiction’’; and 
(IV) in subsection (e), by striking 
‘‘child pornography visual depiction’’ 
and inserting ‘‘child sexual abuse ma-
terial visual depiction’’; 
(viii) in section 2259— 
(I) in paragraph (b)(2)— 
(aa) in the paragraph head-
ing, by striking ‘‘CHILD PORNOG-
VerDate Sep 11 2014 
22:08 Apr 26, 2023
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2732.IH
H2732
kjohnson on DSK79L0C42PROD with BILLS
RAPHY’’ and inserting ‘‘CHILD 
SEXUAL ABUSE MATERIAL’’; 
(bb) in the matter preceding 
subparagraph (A), by striking 
‘‘child pornography’’ and insert-
ing ‘‘child sexual abuse mate-
rial’’; and 
(cc) in subparagraph (A), by 
striking ‘‘child pornography’’ and 
inserting ‘‘child sexual abuse ma-
terial’’; 
(II) in subsection (c)— 
(aa) in paragraph (1)— 
(AA) in the paragraph 
heading, by striking ‘‘CHILD 
PORNOGRAPHY
PRODUC-
TION’’ and inserting ‘‘PRO-
DUCTION OF CHILD SEXUAL 
ABUSE MATERIAL’’; 
(BB) by striking ‘‘child 
pornography 
production’’ 
and inserting ‘‘production of 
child sexual abuse material’’; 
and 
VerDate Sep 11 2014 
22:08 Apr 26, 2023
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2732.IH
H2732
kjohnson on DSK79L0C42PROD with BILLS
(CC) by striking ‘‘pro-
duction of child pornog-
raphy’’ and inserting ‘‘pro-
duction of child sexual abuse 
material’’; 
(bb) in paragraph (2), in the 
matter preceding subparagraph 
(A), by striking ‘‘trafficking in 
child pornography offenses’’ each 
place the term appears and in-
serting ‘‘offenses for trafficking 
in child sexual abuse material’’; 
and 
(cc) in paragraph (3)— 
(AA) in the paragraph 
heading, by striking ‘‘CHILD 
PORNOGRAPHY’’ and insert-
ing ‘‘CHILD SEXUAL ABUSE 
MATERIAL’’; and 
(BB) by striking ‘‘child 
pornography’’ and inserting 
‘‘child sexual abuse mate-
rial’’; and 
(III) in subsection (d)(1)— 
(aa) in subparagraph (A)— 
VerDate Sep 11 2014 
22:08 Apr 26, 2023
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2732.IH
H2732
kjohnson on DSK79L0C42PROD with BILLS
(AA) by striking ‘‘child 
pornography’’ each place the 
term appears and inserting 
‘‘child sexual abuse mate-
rial’’; and 
(BB) by striking ‘‘Child 
Pornography 
Victims 
Re-
serve’’ and inserting ‘‘Re-
serve for Victims of Child 
Sexual Abuse Material’’; 
(bb) in subparagraph (B), 
by striking ‘‘child pornography’’ 
and inserting ‘‘child sexual abuse 
material’’; and 
(cc) in subparagraph (C)— 
(AA) by striking ‘‘child 
pornography’’ and inserting 
‘‘child sexual abuse mate-
rial’’; and 
(BB) by striking ‘‘Child 
Pornography 
Victims 
Re-
serve’’ and inserting ‘‘Re-
serve for Victims of Child 
Sexual Abuse Material’’; 
(ix) in section 2259A— 
VerDate Sep 11 2014 
22:08 Apr 26, 2023
Jkt 039200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2732.IH
H2732
kjohnson on DSK79L0C42PROD with BILLS
(I) in the section heading, by 
striking 
‘‘child 
pornography 
cases’’ and inserting ‘‘cases in-
volving child sexual abuse 
material’’; 
(II) in subsection (a)— 
(aa) in paragraph (2), by 
striking ‘‘child pornography’’ and 
inserting ‘‘child sexual abuse ma-
terial’’; and 
(bb) in paragraph (3), by 
striking ‘‘a child pornography 
production offense’’ and inserting 
‘‘an offense for production of 
child sexual abuse material’’; and 
(III) in subsection (d)(2)(B), by 
striking ‘‘child pornography produc-
tion or trafficking offense that the de-
fendant committed’’ and inserting ‘‘of-
fense for production of child sexual 
abuse material or trafficking in child 
sexual abuse material committed by 
the defendant’’; and 
(x) in section 2259B— 
VerDate Sep 11 2014 
22:08 Apr 26, 2023
Jkt 039200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2732.IH
H2732
kjohnson on DSK79L0C42PROD with BILLS
SEC. 4. MODERNIZING THE CYBERTIPLINE. 
(a) IN GENERAL.—Chapter 110 of title 18, United 
States Code, is amended— 
(1) in section 2258A, as amended by section 
6(b) of this Act— 
(A) in subsection (a)— 
(i) in paragraph (1)(B)(ii), by insert-
ing after ‘‘facts or circumstances’’ the fol-
lowing: ‘‘, including any available facts or 
circumstances sufficient to identify and lo-
cate each minor and each involved indi-
vidual,’’; and 
(ii) in paragraph (2)(A)— 
(I) by inserting ‘‘1591 (if the vio-
lation involves a minor),’’ before 
‘‘2251,’’; and 
(II) by striking ‘‘or 2260’’ and 
inserting ‘‘2260, or 2422(b)’’; 
(B) in subsection (b)— 
(i) in paragraph (1)— 
(I) by inserting ‘‘or location’’ 
after ‘‘identity’’; and 
(II) by striking ‘‘other identifying 
information,’’ and inserting ‘‘other in-
formation which may identify or lo-
cate the involved individual,’’; 
VerDate Sep 11 2014 
22:08 Apr 26, 2023
Jkt 039200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H2732.IH
H2732
kjohnson on DSK79L0C42PROD with BILLS