Stop Internet Sexual Exploitation Act

II 116TH CONGRESS 2D SESSION S. 5054 To prevent the uploading of pornographic images to online platforms without the consent of the individuals in the images. IN THE SENATE OF THE UNITED STATES DECEMBER 17, 2020 Mr. MERKLEY (for himself and Mr. SASSE) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prevent the uploading of pornographic images to online platforms without the consent of the individuals in the images. 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 ‘‘Stop Internet Sexual 4 Exploitation Act’’. 5 SEC. 2. DEFINITIONS. 6 (a) IN GENERAL.—In this Act— 7 (1) the term ‘‘Commission’’ means the Federal 8 Trade Commission; 9 VerDate Sep 11 2014 03:59 Jan 09, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5054.IS S5054 kjohnson on DSK79L0C42PROD with BILLS 2 •S 5054 IS (2) the term ‘‘covered platform’’ means an on- 1 line platform that hosts and makes available to the 2 general public pornographic images; and 3 (3) the term ‘‘pornographic image’’ means any 4 visual depiction, including any photograph, film, 5 video, picture, or computer or computer-generated 6 image or picture, whether made or produced by elec- 7 tronic, mechanical, or other means, of sexually ex- 8 plicit conduct. 9 (b) TERMS DEFINED IN SECTION 2256 OF TITLE 18, 10 UNITED STATES CODE.—For purposes of subsection 11 (a)(3), the terms ‘‘computer’’, ‘‘sexually explicit conduct’’, 12 and ‘‘visual depiction’’ have the meanings given those 13 terms in section 2256 of title 18, United States Code. 14 SEC. 3. DUTIES OF ONLINE PLATFORMS THAT HOST POR- 15 NOGRAPHY. 16 (a) UPLOAD REQUIREMENTS.— 17 (1) IN GENERAL.—A covered platform shall re- 18 quire any user who uploads a pornographic image to 19 the platform to— 20 (A) verify— 21 (i) the identity of the user; and 22 (ii) that the user is not less than the 23 minimum age required to consent to sexual 24 VerDate Sep 11 2014 00:36 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5054.IS S5054 kjohnson on DSK79L0C42PROD with BILLS 3 •S 5054 IS acts under the law of the State in which 1 the user resides; and 2 (B) upload a signed consent form from 3 each individual appearing in the pornographic 4 image that includes— 5 (i) the name and electronic signature 6 of the individual; 7 (ii) a statement that the consent is for 8 distribution of the specific pornographic 9 image; and 10 (iii) the geographic area for which the 11 individual consents to distribution of the 12 pornographic image. 13 (2) EFFECTIVE DATE; APPLICABILITY.—Para- 14 graph (1) shall— 15 (A) take effect on the date that is 14 days 16 after the date of enactment of this Act; and 17 (B) apply to any pornographic image 18 uploaded to a covered platform before, on, or 19 after that effective date. 20 (b) MEANS OF REMOVAL.— 21 (1) NOTICE.—A covered platform shall display 22 a notice on the website or mobile application of the 23 platform, in the form of a prominently visible ban- 24 ner, that provides instructions on how an individual 25 VerDate Sep 11 2014 03:59 Jan 09, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5054.IS S5054 kjohnson on DSK79L0C42PROD with BILLS 4 •S 5054 IS or an authorized representative of an individual, or 1 a law enforcement officer, can request removal of a 2 pornographic image from the platform, including 3 through the hotline required under paragraph (2), if 4 the individual appears in the pornographic image 5 and has not consented to the pornographic image 6 being uploaded to the platform. 7 (2) HOTLINE.— 8 (A) IN GENERAL.—A covered platform 9 shall operate a 24-hour telephone hotline that 10 an individual or an authorized representative of 11 an individual, or a law enforcement officer, can 12 contact to request removal of a pornographic 13 image from the platform if the individual ap- 14 pears in the pornographic image and has not 15 consented to the pornographic image being 16 uploaded to the platform. 17 (B) FRAUDULENT CLAIMS.—It shall be un- 18 lawful for an individual to abuse a hotline de- 19 scribed in subparagraph (A) by submitting 20 fraudulent claims. 21 (3) TIMING OF REMOVAL.—If a covered plat- 22 form receives notice through any mechanism offered 23 by the platform as described in paragraph (1) that 24 a pornographic image has been uploaded to the plat- 25 VerDate Sep 11 2014 03:59 Jan 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5054.IS S5054 kjohnson on DSK79L0C42PROD with BILLS 5 •S 5054 IS form without the consent of an individual who ap- 1 pears in the pornographic image, the platform shall 2 remove the pornographic image from the platform as 3 quickly as possible, and in any event not later than 4 2 hours after receiving the notice. 5 (c) PROHIBITION ON DOWNLOADS.—On and after the 6 date that is 90 days after the date of enactment of this 7 Act, a covered platform may not permit the download to 8 a retrievable data file of any pornographic image from the 9 platform. 10 (d) BLOCKING RE-UPLOADS.—On and after the date 11 that is 180 days after the date of enactment of this Act, 12 a covered platform shall block any pornographic image 13 that has been removed from the platform in accordance 14 with this section from being re-uploaded to the platform. 15 (e) ENFORCEMENT BY FEDERAL TRADE COMMIS- 16 SION.— 17 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC- 18 TICES.—A violation of this section shall be treated 19 as a violation of a rule defining an unfair or decep- 20 tive act or practice under section 18(a)(1)(B) of the 21 Federal Trade Commission Act (15 U.S.C. 22 57a(a)(1)(B)). 23 (2) POWERS OF COMMISSION.— 24 VerDate Sep 11 2014 03:59 Jan 09, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5054.IS S5054 kjohnson on DSK79L0C42PROD with BILLS 6 •S 5054 IS (A) IN GENERAL.—Except as provided in 1 subparagraph (C), the Commission shall enforce 2 this section in the same manner, by the same 3 means, and with the same jurisdiction, powers, 4 and duties as though all applicable terms and 5 provisions of the Federal Trade Commission 6 Act (15 U.S.C. 41 et seq.) were incorporated 7 into and made a part of this Act. 8 (B) PRIVILEGES AND IMMUNITIES.—Ex- 9 cept as provided in subparagraph (C), any per- 10 son who violates this section shall be subject to 11 the penalties and entitled to the privileges and 12 immunities provided in the Federal Trade Com- 13 mission Act (15 U.S.C. 41 et seq.). 14 (C) NONPROFIT ORGANIZATIONS AND COM- 15 MON CARRIERS.—Notwithstanding section 4, 16 5(a)(2), or 6 of the Federal Trade Commission 17 Act (15 U.S.C. 44, 45(a)(2), 46) or any juris- 18 dictional limitation of the Commission, the 19 Commission shall also enforce this section, in 20 the same manner provided in subparagraphs 21 (A) and (B) of this paragraph, with respect 22 to— 23 VerDate Sep 11 2014 03:59 Jan 09, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S5054.IS S5054 kjohnson on DSK79L0C42PROD with BILLS 7 •S 5054 IS (i) organizations not organized to 1 carry on business for their own profit or 2 that of their members; and 3 (ii) common carriers subject to the 4 Communications Act of 1934 (47 U.S.C. 5 151 et seq.) and any Act amendatory 6 thereof or supplementary thereto. 7 (3) SUBSTANTIAL COMPLIANCE.—The Commis- 8 sion may elect not to enforce a violation of this sec- 9 tion by a covered platform that has demonstrated 10 substantial compliance with this section. 11 SEC. 4. DATABASE. 12 (a) ESTABLISHMENT.—Not later than 90 days after 13 the date of enactment of this Act, the Attorney General 14 shall establish a database of individuals who have indi- 15 cated that they do not consent to the uploading to any 16 covered platform of any pornographic images in which the 17 individuals appear. 18 (b) PERSONALLY IDENTIFIABLE INFORMATION.— 19 The Attorney General shall protect the personally identifi- 20 able information of any individual listed in the database 21 established under subsection (a). 22 (c) VERIFICATION BY PLATFORMS REQUIRED.—Be- 23 fore allowing a pornographic image to be uploaded to a 24 covered platform, the platform shall ensure that no indi- 25 VerDate Sep 11 2014 03:59 Jan 09, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S5054.IS S5054 kjohnson on DSK79L0C42PROD with BILLS 8 •S 5054 IS vidual who appears in the pornographic image is listed in 1 the database established under subsection (a). 2 (d) CIVIL PENALTY.— 3 (1) IN GENERAL.—The Attorney General shall 4 impose a civil penalty on any covered platform that 5 violates subsection (c) in an amount of not more 6 than $1,000 for each day or fraction thereof during 7 which a pornographic image is hosted on the plat- 8 form in violation of that subsection. 9 (2) USE OF FUNDS.—The Attorney General 10 shall use the proceeds of a civil penalty imposed 11 under paragraph (1) for services to individuals 12 whose image is uploaded to a covered platform in 13 violation of this Act. 14 (e) REGULATIONS.—Not later than 90 days after the 15 date of enactment of this Act, the Attorney General shall 16 promulgate regulations specifying— 17 (1) where the database established under sub- 18 section (a) will be housed; and 19 (2) an entity, whether an office of the Depart- 20 ment of Justice or a nonprofit organization that re- 21 ceives a grant from the Department, that can con- 22 nect individuals listed in the database with services, 23 including mental health counseling, medical treat- 24 ment, and legal services. 25 VerDate Sep 11 2014 03:59 Jan 09, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S5054.IS S5054 kjohnson on DSK79L0C42PROD with BILLS 9 •S 5054 IS SEC. 5. PRIVATE RIGHT OF ACTION. 1 (a) IN GENERAL.—If a user of a covered platform 2 uploads a pornographic image of an individual to the plat- 3 form without the consent of the individual, the individual 4 may bring a civil action against the user in an appropriate 5 district court of the United States. 6 (b) STRICT LIABILITY.—In a civil action brought 7 against a user of a covered platform under subsection (a), 8 unless the user can prove bona fide consent from the plain- 9 tiff, the user shall be strictly liable to the plaintiff. 10 SEC. 6. RELATION TO COMMUNICATIONS DECENCY ACT. 11 Nothing in this Act shall be construed to affect sec- 12 tion 230 of the Communications Act of 1934 (47 U.S.C. 13 230). 14 Æ VerDate Sep 11 2014 03:59 Jan 09, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S5054.IS S5054 kjohnson on DSK79L0C42PROD with BILLS