Protecting Children from Online Predators Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1916 To amend title 18, United States Code, to prohibit companies that host videos from enabling child predators, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 20, 2019 Mr. HAWLEY introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit companies that host videos from enabling child predators, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting Children 4 from Online Predators Act of 2019’’. 5 SEC. 2. PROHIBITION ON RECOMMENDING CERTAIN INTER- 6 NET VIDEOS FEATURING MINORS. 7 (a) IN GENERAL.—Chapter 110 of title 18, United 8 States Code, is amended by inserting after section 2252C 9 the following: 10 VerDate Sep 11 2014 00:34 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1916.IS S1916 kjohnson on DSK79L0C42 with BILLS 2 •S 1916 IS ‘‘§ 2252D. Prohibition on recommending certain inter- 1 net videos featuring minors 2 ‘‘(a) DEFINITIONS.—In this section— 3 ‘‘(1) the term ‘covered interactive computer 4 service’ means an interactive computer service that 5 hosts or displays user-submitted video content and 6 makes recommendations to users about which videos 7 to view, including by playing a video automatically 8 at the end of another video; 9 ‘‘(2) the term ‘interactive computer service’ has 10 the meaning given the term in section 230 of the 11 Communications Act of 1934 (47 U.S.C. 230); and 12 ‘‘(3) the term ‘person’ shall include any man- 13 agement personnel or officer of the covered inter- 14 active computer service with the responsibility and 15 authority to take necessary measures to prevent or 16 remedy a violation of this section. 17 ‘‘(b) OFFENSE.—Except as provided in subsection 18 (c), it shall be unlawful for a covered interactive computer 19 service to recommend any video to a user of the covered 20 interactive computer service if the covered interactive com- 21 puter service knows, or should have known, that the video 22 features 1 or more minors. 23 ‘‘(c) EXCEPTION.—Subsection (b) shall not apply to 24 any video created by a professional production company, 25 VerDate Sep 11 2014 00:34 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1916.IS S1916 kjohnson on DSK79L0C42 with BILLS 3 •S 1916 IS such as any video that was aired on broadcast or cable 1 television. 2 ‘‘(d) SEARCH RESULTS DO NOT CONSTITUTE REC- 3 OMMENDATION.—For purposes of subsection (b), a video 4 that appears in a list of videos generated as the result 5 of using a search function of the covered interactive com- 6 puter service shall not be considered to be a recommended 7 video. 8 ‘‘(e) REQUIREMENTS.— 9 ‘‘(1) IN GENERAL.—A covered interactive com- 10 puter service shall ask each user uploading video 11 content to the service, at the time the video content 12 is uploaded— 13 ‘‘(A) whether the video features 1 or more 14 minors; and 15 ‘‘(B) in the case of a video that the user 16 believes features 1 or more minors, whether the 17 user wants— 18 ‘‘(i) to restrict the video to nonpublic 19 viewership; or 20 ‘‘(ii) to make the video available for 21 viewing by the public. 22 ‘‘(2) LIABILITY.—A covered interactive com- 23 puter service may be held liable under this section 24 for a violation of subsection (b) if— 25 VerDate Sep 11 2014 00:34 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1916.IS S1916 kjohnson on DSK79L0C42 with BILLS 4 •S 1916 IS ‘‘(A) the covered interactive computer serv- 1 ice recommends a video designated by the user 2 that uploaded the video as featuring 1 or more 3 minors; or 4 ‘‘(B) the covered interactive computer serv- 5 ice recommends a video that was incorrectly 6 designated by the user that uploaded the video 7 as not featuring 1 or more minors. 8 ‘‘(f) CRIMINAL PENALTY.—Any person who violates 9 subsection (b) shall be fined in accordance with this title, 10 imprisoned for not more than 5 years, or both. 11 ‘‘(g) CIVIL PENALTIES.— 12 ‘‘(1) FEDERAL ENFORCEMENT.— 13 ‘‘(A) IN GENERAL.—The Attorney General 14 may bring a civil action in the appropriate dis- 15 trict court of the United States against any 16 person who violates subsection (b) or subsection 17 (e)(1) and, upon proof of such violation by a 18 preponderance of the evidence, such person 19 shall be subject to pay a civil penalty of— 20 ‘‘(i) not more than $1,000 for each 21 video recommended in violation of sub- 22 section (b) for each time the video was un- 23 lawfully recommended; or 24 VerDate Sep 11 2014 00:34 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1916.IS S1916 kjohnson on DSK79L0C42 with BILLS 5 •S 1916 IS ‘‘(ii) not more than $10,000 per day 1 a violation of subsection (e)(1) occurred. 2 ‘‘(B) RELATION TO OTHER PRO- 3 CEEDINGS.—The imposition of a civil penalty 4 under this paragraph does not preclude any 5 other criminal or civil statutory, common law, 6 or administrative remedy, which is available by 7 law to the United States or any other person. 8 ‘‘(2) STATE ENFORCEMENT.—In any case in 9 which the attorney general of a State has reason to 10 believe that an interest of the residents of that State 11 has been or is threatened or adversely affected by 12 any person who violates subsection (b), the attorney 13 general of the State, as parens patriae, may bring 14 a civil action against such person on behalf of the 15 residents of the State in an appropriate State court 16 or district court of the United States to obtain ap- 17 propriate relief, including a civil penalty in the same 18 amounts described in paragraph (1)(A).’’. 19 (b) TABLE OF SECTIONS.—The table of sections at 20 the beginning of chapter 110 of title 18, United States 21 Code, is amended by inserting after the item relating to 22 section 2252C the following: 23 ‘‘2252D. Prohibition on recommending certain internet videos featuring mi- nors.’’. Æ VerDate Sep 11 2014 00:34 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1916.IS S1916 kjohnson on DSK79L0C42 with BILLS