EARN IT Act of 2020

II Calendar No. 491 116TH CONGRESS 2D SESSION S. 3398 To establish a National Commission on Online Child Sexual Exploitation Prevention, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 5, 2020 Mr. GRAHAM (for himself, Mr. BLUMENTHAL, Mr. CRAMER, Mrs. FEINSTEIN, Mr. HAWLEY, Mr. JONES, Mr. CASEY, Mr. WHITEHOUSE, Mr. DURBIN, Ms. ERNST, Mr. KENNEDY, Mr. CRUZ, and Mr. GRASSLEY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary JULY 20, 2020 Reported by Mr. GRAHAM, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To establish a National Commission on Online Child Sexual Exploitation Prevention, 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 VerDate Sep 11 2014 23:39 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3398.RS S3398 kjohnson on DSK79L0C42PROD with BILLS 2 •S 3398 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Eliminating Abusive 2 and Rampant Neglect of Interactive Technologies Act of 3 2020’’ or the ‘‘EARN IT Act of 2020’’. 4 SEC. 2. DEFINITIONS. 5 In this Act: 6 (1) COMMISSION.—The term ‘‘Commission’’ 7 means the National Commission on Online Child 8 Sexual Exploitation Prevention. 9 (2) INTERACTIVE COMPUTER SERVICE.—The 10 term ‘‘interactive computer service’’ has the meaning 11 given the term in section 230(f)(2) of the Commu- 12 nications Act of 1934 (47 U.S.C. 230(f)(2)). 13 SEC. 3. NATIONAL COMMISSION ON ONLINE CHILD SEXUAL 14 EXPLOITATION PREVENTION. 15 (a) ESTABLISHMENT.—There is established a Na- 16 tional Commission on Online Child Sexual Exploitation 17 Prevention. 18 (b) PURPOSE.—The purpose of the Commission is to 19 develop recommended best practices that providers of 20 interactive computer services may choose to implement to 21 prevent, reduce, and respond to the online sexual exploi- 22 tation of children, including the enticement, grooming, sex 23 trafficking, and sexual abuse of children and the prolifera- 24 tion of online child sexual abuse material. 25 (c) MEMBERSHIP.— 26 VerDate Sep 11 2014 23:39 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S3398.RS S3398 kjohnson on DSK79L0C42PROD with BILLS 3 •S 3398 RS (1) COMPOSITION.— 1 (A) IN GENERAL.—The Commission shall 2 be composed of 19 members. 3 (B) AGENCY HEADS.—The following Fed- 4 eral officials shall serve as members of the 5 Commission: 6 (i) The Attorney General or his or her 7 representative. 8 (ii) The Secretary of Homeland Secu- 9 rity or his or her representative. 10 (iii) The Chairman of the Federal 11 Trade Commission or his or her represent- 12 ative. 13 (C) OTHER MEMBERS.—Of the remaining 14 16 members of the Commission— 15 (i) 4 shall be appointed by the major- 16 ity leader of the Senate, of whom— 17 (I) 1 shall have the qualifications 18 required under clause (i) or (ii) of 19 paragraph (2)(A); 20 (II) 1 shall have the qualifica- 21 tions required under paragraph 22 (2)(B); 23 VerDate Sep 11 2014 23:39 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S3398.RS S3398 kjohnson on DSK79L0C42PROD with BILLS 4 •S 3398 RS (III) 1 shall have the qualifica- 1 tions required under clause (i) or (ii) 2 of paragraph (2)(C); and 3 (IV) 1 shall have the qualifica- 4 tions required under clause (i) or (ii) 5 of paragraph (2)(D); 6 (ii) 4 shall be appointed by the minor- 7 ity leader of the Senate, of whom— 8 (I) 1 shall have the qualifications 9 required under clause (i) or (ii) of 10 paragraph (2)(A); 11 (II) 1 shall have the qualifica- 12 tions required under paragraph 13 (2)(B); 14 (III) 1 shall have the qualifica- 15 tions required under clause (i) or (ii) 16 of paragraph (2)(C); and 17 (IV) 1 shall have the qualifica- 18 tions required under clause (i) or (ii) 19 of paragraph (2)(D); 20 (iii) 4 shall be appointed by the 21 Speaker of the House of Representatives, 22 of whom— 23 VerDate Sep 11 2014 23:39 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S3398.RS S3398 kjohnson on DSK79L0C42PROD with BILLS 5 •S 3398 RS (I) 1 shall have the qualifications 1 required under clause (i) or (ii) of 2 paragraph (2)(A); 3 (II) 1 shall have the qualifica- 4 tions required under paragraph 5 (2)(B); 6 (III) 1 shall have the qualifica- 7 tions required under clause (i) or (ii) 8 of paragraph (2)(C); and 9 (IV) 1 shall have the qualifica- 10 tions required under clause (i) or (ii) 11 of paragraph (2)(D); and 12 (iv) 4 shall be appointed by the minor- 13 ity leader of the House of Representatives, 14 of whom— 15 (I) 1 shall have the qualifications 16 required under clause (i) or (ii) of 17 paragraph (2)(A); 18 (II) 1 shall have the qualifica- 19 tions required under paragraph 20 (2)(B); 21 (III) 1 shall have the qualifica- 22 tions required under clause (i) or (ii) 23 of paragraph (2)(C); and 24 VerDate Sep 11 2014 23:39 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S3398.RS S3398 kjohnson on DSK79L0C42PROD with BILLS 6 •S 3398 RS (IV) 1 shall have the qualifica- 1 tions required under clause (i) or (ii) 2 of paragraph (2)(D). 3 (2) QUALIFICATIONS.—Of the 16 members of 4 the Commission appointed under paragraph 5 (1)(C)— 6 (A) 4 shall have current experience in in- 7 vestigating online child sexual exploitation 8 crimes, of whom— 9 (i) 2 shall have such experience in a 10 law enforcement capacity; and 11 (ii) 2 shall have such experience in a 12 prosecutorial capacity; 13 (B) 4 shall be survivors of online child sex- 14 ual exploitation, or have current experience in 15 providing services for victims of online child 16 sexual exploitation in a non-governmental ca- 17 pacity; 18 (C)(i) 2 shall have current experience in 19 matters related to constitutional law, consumer 20 protection, or privacy; and 21 (ii) 2 shall have current experience in com- 22 puter science or software engineering related to 23 matters of cryptography, data security, or arti- 24 VerDate Sep 11 2014 23:39 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S3398.RS S3398 kjohnson on DSK79L0C42PROD with BILLS 7 •S 3398 RS ficial intelligence in a non-governmental capac- 1 ity; and 2 (D) 4 shall be individuals who each cur- 3 rently work for an interactive computer service 4 that is unrelated to each other interactive com- 5 puter service represented under this subpara- 6 graph, representing diverse types of businesses 7 and areas of professional expertise, of whom— 8 (i) 2 shall have current experience in 9 addressing online child sexual exploitation 10 and promoting child safety at an inter- 11 active computer service with not less than 12 30,000,000 registered monthly users in the 13 United States; and 14 (ii) 2 shall have current experience in 15 addressing online child sexual exploitation 16 and promoting child safety at an inter- 17 active computer service with less than 18 10,000,000 registered monthly users in the 19 United States. 20 (3) DATE.—The initial appointments of mem- 21 bers to the Commission under paragraph (1)(C) 22 shall be made not later than 90 days after the date 23 of enactment of this Act. 24 (d) PERIOD OF APPOINTMENT; VACANCIES.— 25 VerDate Sep 11 2014 23:39 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S3398.RS S3398 kjohnson on DSK79L0C42PROD with BILLS 8 •S 3398 RS (1) PERIOD OF APPOINTMENT.—A member of 1 the Commission shall be appointed for a term of 5 2 years. 3 (2) VACANCIES.— 4 (A) EFFECT ON COMMISSION.—Any va- 5 cancy in the Commission shall not affect the 6 powers of the Commission. 7 (B) FILLING OF VACANCIES.—A vacancy 8 in the Commission shall be filled in the same 9 manner as the original appointment under sub- 10 section (c)(1). 11 (e) INITIAL MEETING.—The Commission shall hold 12 the first meeting of the Commission not later than 60 days 13 after the date on which a majority of the members of the 14 Commission have been appointed. 15 (f) CHAIRPERSON.—The Attorney General or his or 16 her representative shall serve as the Chairperson of the 17 Commission. 18 (g) QUORUM.—A majority of the members of the 19 Commission shall constitute a quorum, but a lesser num- 20 ber of members may hold a meeting. 21 (h) MEETINGS.—The Commission shall meet at the 22 call of the Chairperson. 23 (i) AUTHORITY OF COMMISSION.—The Commission 24 may, for the purpose of carrying out this section and sec- 25 VerDate Sep 11 2014 23:39 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S3398.RS S3398 kjohnson on DSK79L0C42PROD with BILLS 9 •S 3398 RS tion 4, hold such hearings, sit and act at such times and 1 places, take such testimony, and receive such evidence as 2 the Commission considers appropriate. 3 (j) INFORMATION FROM FEDERAL AGENCIES.— 4 (1) IN GENERAL.—The Commission may secure 5 directly from any Federal department or agency 6 such information as the Commission considers nec- 7 essary to carry out this section and section 4. 8 (2) FURNISHING INFORMATION.—Upon request 9 of the Chairperson of the Commission for informa- 10 tion under paragraph (1), the head of a Federal de- 11 partment or agency shall furnish the information to 12 the Commission, unless the information is subject to 13 an active investigation or otherwise privileged or 14 confidential. 15 (k) TRAVEL EXPENSES.—A member of the Commis- 16 sion shall serve without compensation, but shall be allowed 17 travel expenses, including per diem in lieu of subsistence, 18 at rates authorized for employees of agencies under sub- 19 chapter I of chapter 57 of title 5, United States Code, 20 while away from the home or regular places of business 21 of the member in the performance of services for the Com- 22 mission. 23 VerDate Sep 11 2014 23:39 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S3398.RS S3398 kjohnson on DSK79L0C42PROD with BILLS 10 •S 3398 RS (l) DURATION.—Section 14 of the Federal Advisory 1 Committee Act (5 U.S.C. App.) shall not apply to the 2 Commission. 3 SEC. 4. DUTIES OF THE COMMISSION. 4 (a) RECOMMENDED BEST PRACTICES.— 5 (1) INITIAL RECOMMENDATIONS.— 6 (A) IN GENERAL.—Not later than 18 7 months after the date on which a majority of 8 the members of the Commission required to be 9 appointed under section 3(c)(1)(C) have been so 10 appointed, the Commission shall develop and 11 submit to the Attorney General recommended 12 best practices that providers of interactive com- 13 puter services may choose to engage in to pre- 14 vent, reduce, and respond to the online sexual 15 exploitation of children, including the entice- 16 ment, grooming, sex trafficking, and sexual 17 abuse of children and the proliferation of online 18 child sexual abuse material. 19 (B) REQUIREMENTS.— 20 (i) ALTERNATIVE BEST PRACTICES.— 21 The best practices required to be developed 22 and submitted under subparagraph (A) 23 shall include alternatives that take into 24 consideration— 25 VerDate Sep 11 2014 23:39 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S3398.RS S3398 kjohnson on DSK79L0C42PROD with BILLS 11 •S 3398 RS (I) the size, type of product, and 1 business model of a provider of an 2 interactive computer service; 3 (II) whether an interactive com- 4 puter service— 5 (aa) is made available to the 6 public; 7 (bb) is primarily responsible 8 for the transmission and storage 9 of information on behalf of other 10 interactive computer services; or 11 (cc) provides the capability 12 to transmit data to and receive 13 data from all or substantially all 14 internet endpoints on behalf of a 15 consumer; and 16 (III) whether a type of product, 17 business model, product design, or 18 other factors related to the provision 19 of an interactive computer service 20 could make a product or service sus- 21 ceptible to the use and facilitation of 22 online child sexual exploitation. 23 (ii) SCOPE.—Notwithstanding para- 24 graph (3), the alternatives described in 25 VerDate Sep 11 2014 23:39 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S3398.RS S3398 kjohnson on DSK79L0C42PROD with BILLS 12 •S 3398 RS clause (i) of this subparagraph may ex- 1 clude certain matters required to be ad- 2 dressed under paragraph (3), as the Com- 3 mission determines appropriate based on 4 the nature of particular products or serv- 5 ices or other factors relevant to the pur- 6 poses of this Act. 7 (2) SUPPORT REQUIREMENT.—The Commission 8 may only recommend the best practices under para- 9 graph (1) if not fewer than 14 members of the Com- 10 mission support the best practices. 11 (3) MATTERS ADDRESSED.—The matters ad- 12 dressed by the recommended best practices devel- 13 oped and submitted by the Commission under para- 14 graph (1) shall include— 15 (A) preventing, identifying, disrupting, and 16 reporting child sexual exploitation; 17 (B) coordinating with non-profit organiza- 18 tions and other providers of interactive com- 19 puter services to preserve, remove from view, 20 and report child sexual exploitation; 21 (C) retaining child sexual exploitation con- 22 tent and related user identification and location 23 data; 24 VerDate Sep 11 2014 23:39 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\S3398.RS S3398 kjohnson on DSK79L0C42PROD with BILLS 13 •S 3398 RS (D) receiving and triaging reports of child 1 sexual exploitation by users of interactive com- 2 puter services, including self-reporting; 3 (E) implementing a standard rating and 4 categorization system to identify the type and 5 severity of child sexual abuse material; 6 (F) training and supporting content mod- 7 erators who review child sexual exploitation con- 8 tent for the purposes of preventing and dis- 9 rupting online child sexual exploitation; 10 (G) preparing and issuing transparency re- 11 ports, including disclosures in terms of service, 12 relating to identifying, categorizing, and report- 13 ing child sexual exploitation and efforts to pre- 14 vent and disrupt online child sexual exploi- 15 tation; 16 (H) coordinating with voluntary initiatives 17 offered among and to providers of interactive 18 computer services relating to identifying, cat- 19 egorizing, and reporting child sexual exploi- 20 tation; 21 (I) employing age rating and age gating 22 systems to reduce child sexual exploitation; 23 (J) offering parental control products that 24 enable customers to limit the types of websites, 25 VerDate Sep 11 2014 23:39 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6401 E:\BILLS\S3398.RS S3398 kjohnson on DSK79L0C42PROD with BILLS 14 •S 3398 RS social media platforms, and internet content [Text truncated for display. Full text available on Congress.gov.]