No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3921 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3921
To combat the sexual exploitation of children by supporting victims and
promoting accountability and transparency by the tech industry.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 11, 2025
Mr. Moore of Alabama (for himself and Ms. Garcia of Texas) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To combat the sexual exploitation of children by supporting victims and
promoting accountability and transparency by the tech industry.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Transparency and
Obligations to Protect Children Suffering from Abuse and Mistreatment
Act of 2025'' or the ``STOP CSAM Act of 2025''.
SEC. 2. PROTECTING CHILD VICTIMS AND WITNESSES IN FEDERAL COURT.
(a) In General.--Section 3509 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (2)(A), by striking ``or
exploitation'' and inserting ``exploitation, or
kidnapping, including international parental
kidnapping'';
(B) in paragraph (3), by striking ``physical or
mental injury'' and inserting ``physical injury,
psychological abuse'';
(C) by striking paragraphs (5), (6), and (7) and
inserting the following:
``(5) the term `psychological abuse' includes--
``(A) a pattern of acts, threats of acts, or
coercive tactics intended to degrade, humiliate,
intimidate, or terrorize a child; and
``(B) the infliction of trauma on a child through--
``(i) isolation;
``(ii) the withholding of food or other
necessities in order to control behavior;
``(iii) physical restraint; or
``(iv) the confinement of the child without
the child's consent and in degrading
conditions;
``(6) the term `exploitation' means--
``(A) child pornography;
``(B) child sex trafficking; or
``(C) an obscene visual depiction of a child;
``(7) the term `multidisciplinary child abuse team' means a
professional unit of individuals working together to
investigate child abuse and provide assistance and support to a
victim of child abuse, composed of representatives from--
``(A) health, social service, and legal service
agencies that represent the child;
``(B) law enforcement agencies and prosecutorial
offices; and
``(C) children's advocacy centers;'';
(D) in paragraph (9)(D)--
(i) by striking ``genitals'' and inserting
``anus, genitals,''; and
(ii) by striking ``or animal'';
(E) in paragraph (11), by striking ``and'' at the
end;
(F) in paragraph (12)--
(i) by striking ``the term `child abuse'
does not'' and inserting ``the terms `physical
injury' and `psychological abuse' do not''; and
(ii) by striking the period and inserting a
semicolon; and
(G) by adding at the end the following:
``(13) the term `covered person' means a person of any age
who--
``(A) is or is alleged to be--
``(i) a victim of a crime of physical
abuse, sexual abuse, exploitation, or
kidnapping, including international parental
kidnapping; or
``(ii) a witness to a crime committed
against another person; and
``(B) was under the age of 18 when the crime
described in subparagraph (A) was committed;
``(14) the term `protected information', with respect to a
covered person, includes--
``(A) personally identifiable information of the
covered person, including--
``(i) the name of the covered person;
``(ii) an address;
``(iii) a phone number;
``(iv) a user name or identifying
information for an online, social media, or
email account; and
``(v) any information that can be used to
distinguish or trace the identity of the
covered person, either alone or when combined
with other information that is linked or
linkable to the covered person;
``(B) medical, dental, behavioral, psychiatric, or
psychological information of the covered person;
``(C) educational or juvenile justice records of
the covered person; and
``(D) any other information concerning the covered
person that is deemed `protected information' by order
of the court under subsection (d)(5);
``(15) the term `child pornography' has the meaning given
the term in section 2256(8); and
``(16) the term `obscene visual depiction of a child' means
any visual depiction prohibited by section 1466A involving an
identifiable minor, as that term is defined in section
2256(9).'';
(2) in subsection (b)--
(A) in paragraph (1)(C), by striking ``minor'' and
inserting ``child''; and
(B) in paragraph (2)--
(i) in the heading, by striking
``Videotaped'' and inserting ``Recorded'';
(ii) in subparagraph (A), by striking
``that the deposition be recorded and preserved
on videotape'' and inserting ``that a video
recording of the deposition be made and
preserved'';
(iii) in subparagraph (B)--
(I) in clause (ii), by striking
``that the child's deposition be taken
and preserved by videotape'' and
inserting ``that a video recording of
the child's deposition be made and
preserved'';
(II) in clause (iii)--
(aa) in the matter
preceding subclause (I), by
striking ``videotape'' and
inserting ``recorded''; and
(bb) in subclause (IV), by
striking ``videotape'' and
inserting ``recording''; and
(III) in clause (v)--
(aa) in the heading, by
striking ``videotape'' and
inserting ``video recording'';
(bb) in the first sentence,
by striking ``made and
preserved on video tape'' and
inserting ``recorded and
preserved''; and
(cc) in the second
sentence, by striking
``videotape'' and inserting
``video recording'';
(iv) in subparagraph (C), by striking
``child's videotaped'' and inserting ``video
recording of the child's'';
(v) in subparagraph (D)--
(I) by striking ``videotaping'' and
inserting ``deposition''; and
(II) by striking ``videotaped'' and
inserting ``recorded'';
(vi) in subparagraph (E), by striking
``videotaped'' and inserting ``recorded''; and
(vii) in subparagraph (F), by striking
``videotape'' each place the term appears and
inserting ``video recording'';
(3) in subsection (d)--
(A) in paragraph (1)(A)--
(i) in clause (i), by striking ``the name
of or any other information concerning a
child'' and inserting ``a covered person's
protected information''; and
(ii) in clause (ii)--
(I) by striking ``documents
described in clause (i) or the
information in them that concerns a
child'' and inserting ``a covered
person's protected information''; and
(II) by striking ``, have reason to
know such information'' and inserting
``(including witnesses or potential
witnesses), have reason to know each
item of protected information to be
disclosed'';
(B) in paragraph (2)--
(i) by striking ``the name of or any other
information concerning a child'' each place the
term appears and inserting ``a covered person's
protected information'';
(ii) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively, and
adjusting the margins accordingly;
(iii) by striking ``All papers'' and
inserting the following:
``(A) In general.--All papers''; and
(iv) by adding at the end the following:
``(B) Enforcement of violations.--The court may
address a violation of subparagraph (A) in the same
manner as disobedience or resistance to a lawful court
order under section 401(3).'';
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``a child from
public disclosure of the name of or any
other information concerning the
child'' and inserting ``a covered
person's protected information from
public disclosure''; and
(II) by striking ``, if the court
determines that there is a significant
possibility that such disclosure would
be detrimental to the child'';
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking ``a child
witness, and the testimony of
any other witness'' and
inserting ``any witness''; and
(bb) by striking ``the name
of or any other information
concerning a child'' and
inserting ``a covered person's
protected information''; and
(II) in clause (ii), by striking
``child'' and inserting ``covered
person''; and
(iii) by adding at the end the following:
``(C)(i) For purposes of this paragraph, there shall be a
presumption that public disclosure of a covered person's
protected information would be detrimental to the covered
person.
``(ii) The court shall deny a motion for a protective order
under subparagraph (A) only if the court finds that the party
opposing the motion has rebutted the presumption under clause
(i) of this subparagraph.'';
(D) in paragraph (4)--
(i) by striking ``This subsection'' and
inserting the following:
``(A) Disclosure to certain parties.--This
subsection'';
(ii) in subparagraph (A), as so
designated--
(I) by striking ``the name of or
other information concerning a child''
and inserting ``a covered person's
protected information''; and
(II) by striking ``or an adult
attendant, or to'' and inserting ``an
adult attendant, a law enforcement
agency for any intelligence or
investigative purpose, or''; and
(iii) by adding at the end the following:
``(B) Request for public disclosure.--If any party
requests public disclosure of a covered person's
protected information to further a public interest, the
court shall deny the request unless the court finds
that--
``(i) the party seeking disclosure has
established that there is a compelling public
interest in publicly disclosing the covered
person's protected information;
``(ii) there is a substantial probability
that the public interest would be harmed if the
covered person's protected information is not
disclosed;
``(iii) the substantial probability of harm
to the public interest outweighs the harm to
the covered person from public disclosure of
the covered person's protected information; and
``(iv) there is no alternative to public
disclosure of the covered person's protected
information that would adequately protect the
public interest.''; and
(E) by adding at the end the following:
``(5) Other protected information.--The court may order
that information shall be considered to be `protected
information' for purposes of this subsection if the court finds
that the information is sufficiently personal, sensitive, or
identifying that it should be subject to the protections and
presumptions under this subsection.'';
(4) by striking subsection (f) and inserting the following:
``(f) Victim Impact Statement.--
``(1) Probation officer.--In preparing the presentence
report pursuant to rule 32(c) of the Federal Rules of Criminal
Procedure, the probation officer shall request information from
the multidisciplinary child abuse team, if applicable, or other
appropriate sources to determine the impact of the offense on a
child victim and any other children who may have been affected
by the offense.
``(2) Guardian ad litem.--A guardian ad litem appointed
under subsection (h) shall--
``(A) make every effort to obtain and report
information that accurately expresses the views of a
child victim, and the views of family members as
appropriate, concerning the impact of the offense; and
``(B) use forms that permit a child victim to
express the child's views concerning the personal
consequences of the offense, at a level and in a form
of communication commensurate with the child's age and
ability.'';
(5) in subsection (h), by adding at the end the following:
``(4) Authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated to the United States courts to carry out
this subsection $25,000,000 for each fiscal year.
``(B) Supervision of payments.--Payments from
appropriations authorized under subparagraph (A) shall
be made under the supervision of the Director of the
Administrative Office of the United States Courts.'';
(6) in subsection (i)--
(A) by striking ``A child testifying at or
attending a judicial proceeding'' and inserting the
following:
``(1) In general.--A child testifying at a judicial
proceeding, including in a manner described in subsection
(b),'';
(B) in paragraph (1), as so designated--
(i) in the third sentence, by striking
``proceeding'' and inserting ``testimony''; and
(ii) by striking the fifth sentence; and
(C) by adding at the end the following:
``(2) Recording.--If the adult attendant is in close
physical proximity to or in contact with the child while the
child testifies--
``(A) at a judicial proceeding, a video recording
of the adult attendant shall be made and shall become
part of the court record; or
``(B) in a manner described in subsection (b), the
adult attendant shall be visible on the closed-circuit
television or in the recorded deposition.
``(3) Covered persons attending proceeding.--A covered
person shall have the right to be accompanied by an adult
attendant when attending any judicial proceeding.'';
(7) in subsection (j)--
(A) by striking ``child'' each place the term
appears and inserting ``covered person''; and
(B) in the fourth sentence--
(i) by striking ``and the potential'' and
inserting ``, the potential'';
(ii) by striking ``child's'' and inserting
``covered person's''; and
(iii) by inserting before the period at the
end the following: ``, and the necessity of the
continuance to protect the defendant's
rights'';
(8) in subsection (k), by striking ``child'' each place the
term appears and inserting ``covered person'';
(9) in subsection (l), by striking ``child'' each place the
term appears and inserting ``covered person''; and
(10) in subsection (m)--
(A) by striking ``(as defined by section 2256 of
this title)'' each place it appears;
(B) by inserting ``or an obscene visual depiction
of a child'' after ``child pornography'' each place it
appears except the second instance in paragraph (3);
(C) in paragraph (1), by inserting ``and any civil
action brought under section 2255 or 2255A'' after
``any criminal proceeding'';
(D) in paragraph (2), by adding at the end the
following:
``(C)(i) Notwithstanding rule 26 of the Federal Rules of
Civil Procedure, a court shall deny, in any civil action
brought under section 2255 or 2255A, any request by any party
to copy, photograph, duplicate, or otherwise reproduce any
property or material that constitutes child pornography or an
obscene visual depiction of a child.
``(ii) In a civil action brought under section 2255 or
2255A, for purposes of paragraph (1), the court may--
``(I) order the plaintiff or defendant to provide
to the court or the Government, as applicable, any
equipment necessary to maintain care, custody, and
control of such property or material; and
``(II) take reasonable measures, and may order the
Government (if such property or material is in the
care, custody, and control of the Government) to take
reasonable measures, to provide each party to the
action, the attorney of each party, and any individual
a party may seek to qualify as an expert, with ample
opportunity to inspect, view, and examine such property
or material at the court or a Government facility, as
applicable.''; and
(E) in paragraph (3)--
(i) by inserting ``and during the 1-year
period following the date on which the criminal
proceeding becomes final or is terminated''
after ``any criminal proceeding'';
(ii) by striking ``, as defined under
section 2256(8),''; and
(iii) by inserting ``or obscene visual
depiction of a child'' after ``such child
pornography''.
(b) Effective Date.--The amendments made by this section shall
apply to conduct that occurs before, on, or after the date of enactment
of this Act.
SEC. 3. FACILITATING PAYMENT OF RESTITUTION; TECHNICAL AMENDMENTS TO
RESTITUTION STATUTES.
Title 18, United States Code, is amended--
(1) in section 1593(c)--
(A) by inserting ``(1)'' after ``(c)'';
(B) by striking ``chapter, including, in'' and
inserting the following: ``chapter.
``(2) In''; and
(C) in paragraph (2), as so designated, by
inserting ``may assume the rights of the victim under
this section'' after ``suitable by the court'';
(2) in section 2248(c)--
(A) by striking ``For purposes'' and inserting the
following:
``(1) In general.--For purposes'';
(B) by striking ``chapter, including, in'' and
inserting the following: ``chapter.
``(2) Assumption of crime victim's rights.--In''; and
(C) in paragraph (2), as so designated, by
inserting ``may assume the rights of the victim under
this section'' after ``suitable by the court'';
(3) in section 2259--
(A) by striking subsection (a) and inserting the
following:
``(a) In General.--Notwithstanding section 3663 or 3663A, and in
addition to any other civil or criminal penalty authorized by law, the
court shall order restitution for any offense under--
``(1) section 1466A, to the extent the conduct involves a
visual depiction of an identifiable minor; or
``(2) this chapter.'';
(B) in subsection (b)--
(i) in paragraph (1), by striking
``Directions.--Except as provided in paragraph
(2), the'' and inserting ``Restitution for
child pornography production.--If the defendant
was convicted of child pornography production,
the''; and
(ii) in paragraph (2)(B), by striking
``$3,000.'' and inserting the following: ``--
``(i) $3,000; or
``(ii) 10 percent of the full amount of the
victim's losses, if the full amount of the
victim's losses is less than $3,000.''; and
(C) in subsection (c)--
(i) by striking paragraph (1) and inserting
the following:
``(1) Child pornography production.--For purposes of this
section and section 2259A, the term `child pornography
production' means--
``(A) a violation of, attempted violation of, or
conspiracy to violate section 1466A(a) to the extent
the conduct involves production of a visual depiction
of an identifiable minor;
``(B) a violation of, attempted violation of, or
conspiracy to violate section 1466A(a) involving
possession with intent to distribute, or section
1466A(b), to the extent the conduct involves a visual
depiction of an identifiable minor--
``(i) produced by the defendant; or
``(ii) that the defendant attempted or
conspired to produce;
``(C) a violation of subsection (a), (b), or (c) of
section 2251, or an attempt or conspiracy to violate
any of those subsections under subsection (e) of that
section;
``(D) a violation of section 2251A;
``(E) a violation of section 2252(a)(4) or
2252A(a)(5), or an attempt or conspiracy to violate
either of those sections under section 2252(b)(2) or
2252A(b)(2), to the extent such conduct involves child
pornography--
``(i) produced by the defendant; or
``(ii) that the defendant attempted or
conspired to produce;
``(F) a violation of subsection (a)(7) of section
2252A, or an attempt or conspiracy to violate that
subsection under subsection (b)(3) of that section, to
the extent the conduct involves production with intent
to distribute;
``(G) a violation of section 2252A(g) if the series
of felony violations involves not fewer than 1
violation--
``(i) described in subparagraph (A), (B),
(E), or (F) of this paragraph;
``(ii) of section 1591; or
``(iii) of section 1201, chapter 109A, or
chapter 117, if the victim is a minor;
``(H) a violation of subsection (a) of section
2260, or an attempt or conspiracy to violate that
subsection under subsection (c)(1) of that section;
``(I) a violation of section 2260B(a)(2) for
promoting or facilitating an offense--
``(i) described in subparagraph (A), (B),
(D), or (E) of this paragraph; or
``(ii) under section 2422(b); and
``(J) a violation of chapter 109A or chapter 117,
if the offense involves the production or attempted
production of, or conspiracy to produce, child
pornography.'';
(ii) by striking paragraph (3) and
inserting the following:
``(3) Trafficking in child pornography.--For purposes of
this section and section 2259A, the term `trafficking in child
pornography' means--
``(A) a violation of, attempted violation of, or
conspiracy to violate section 1466A(a) to the extent
the conduct involves distribution or receipt of a
visual depiction of an identifiable minor;
``(B) a violation of, attempted violation of, or
conspiracy to violate section 1466A(a) involving
possession with intent to distribute, or section
1466A(b), to the extent the conduct involves a visual
depiction of an identifiable minor--
``(i) not produced by the defendant; or
``(ii) that the defendant did not attempt
or conspire to produce;
``(C) a violation of subsection (d) of section 2251
or an attempt or conspiracy to violate that subsection
under subsection (e) of that section;
``(D) a violation of paragraph (1), (2), or (3) of
subsection (a) of section 2252, or an attempt or
conspiracy to violate any of those paragraphs under
subsection (b)(1) of that section;
``(E) a violation of section 2252(a)(4) or
2252A(a)(5), or an attempt or conspiracy to violate
either of those sections under section 2252(b)(2) or
2252A(b)(2), to the extent such conduct involves child
pornography--
``(i) not produced by the defendant; or
``(ii) that the defendant did not attempt
or conspire to produce;
``(F) a violation of paragraph (1), (2), (3), (4),
or (6) of subsection (a) of section 2252A, or an
attempt or conspiracy to violate any of those
paragraphs under subsection (b)(1) of that section;
``(G) a violation of subsection (a)(7) of section
2252A, or an attempt or conspiracy to violate that
subsection under subsection (b)(3) of that section, to
the extent the conduct involves distribution;
``(H) a violation of section 2252A(g) if the series
of felony violations exclusively involves violations
described in this paragraph (except subparagraphs (A)
and (B));
``(I) a violation of subsection (b) of section
2260, or an attempt or conspiracy to violate that
subsection under subsection (c)(2) of that section; and
``(J) a violation of subsection (a)(1) of section
2260B, or a violation of subsection (a)(2) of that
section for promoting or facilitating an offense
described in this paragraph (except subparagraphs (A)
and (B)).''; and
(iii) in paragraph (4), in the first
sentence, by inserting ``or an identifiable
minor harmed as a result of the commission of a
crime under section 1466A'' after ``under this
chapter'';
(4) in section 2259A(a)--
(A) in paragraph (1), by striking ``under section
2252(a)(4) or 2252A(a)(5)'' and inserting ``described
in subparagraph (B) or (E) of section 2259(c)(3)''; and
(B) in paragraph (2), by striking ``any other
offense for trafficking in child pornography'' and
inserting ``any offense for trafficking in child
pornography other than an offense described in
subparagraph (B) or (E) of section 2259(c)(3)'';
(5) in section 2429--
(A) in subsection (b)(3), by striking
``2259(b)(3)'' and inserting ``2259(c)(2)''; and
(B) in subsection (d)--
(i) by inserting ``(1)'' after ``(d)'';
(ii) by striking ``chapter, including, in''
and inserting the following: ``chapter.
``(2) In''; and
(iii) in paragraph (2), as so designated,
by inserting ``may assume the rights of the
victim under this section'' after ``suitable by
the court''; and
(6) in section 3664, by adding at the end the following:
``(q) Trustee or Other Fiduciary.--
``(1) In general.--
``(A) Appointment of trustee or other fiduciary.--
When the court issues an order of restitution under
section 1593, 2248, 2259, 2429, or 3663, or
subparagraphs (A)(i) and (B) of section 3663A(c)(1),
for a victim described in subparagraph (B) of this
paragraph, the court, at its own discretion or upon
motion by the Government, may appoint a trustee or
other fiduciary to hold any amount paid for restitution
in a trust or other official account for the benefit of
the victim.
``(B) Covered victims.--A victim referred to in
subparagraph (A) is a victim who is--
``(i) under the age of 18 at the time of
the proceeding;
``(ii) incompetent or incapacitated; or
``(iii) subject to paragraph (3), a foreign
citizen or stateless person residing outside
the United States.
``(2) Order.--When the court appoints a trustee or other
fiduciary under paragraph (1), the court shall issue an order
specifying--
``(A) the duties of the trustee or other fiduciary,
which shall require--
``(i) the administration of the trust or
maintaining an official account in the best
interests of the victim; and
``(ii) disbursing payments from the trust
or account--
``(I) to the victim; or
``(II) to any individual or entity
on behalf of the victim;
``(B) that the trustee or other fiduciary--
``(i) shall avoid any conflict of interest;
``(ii) may not profit from the
administration of the trust or maintaining an
official account for the benefit of the victim
other than as specified in the order; and
``(iii) may not delegate administration of
the trust or maintaining the official account
to any other person;
``(C) if and when the trust or the duties of the
other fiduciary will expire; and
``(D) the fees payable to the trustee or other
fiduciary to cover expenses of administering the trust
or maintaining the official account for the benefit of
the victim, and the schedule for payment of those fees.
``(3) Fact-finding regarding foreign citizens and stateless
person.--In the case of a victim who is a foreign citizen or
stateless person residing outside the United States and is not
under the age of 18 at the time of the proceeding or
incompetent or incapacitated, the court may appoint a trustee
or other fiduciary under paragraph (1) only if the court finds
it necessary to--
``(A) protect the safety or security of the victim;
or
``(B) provide a reliable means for the victim to
access or benefit from the restitution payments.
``(4) Payment of fees.--
``(A) In general.--The court may, with respect to
the fees of the trustee or other fiduciary--
``(i) pay the fees in whole or in part; or
``(ii) order the defendant to pay the fees
in whole or in part.
``(B) Applicability of other provisions.--With
respect to a court order under subparagraph (A)(ii)
requiring a defendant to pay fees--
``(i) subsection (f)(3) shall apply to the
court order in the same manner as that
subsection applies to a restitution order;
``(ii) subchapter C of chapter 227 (other
than section 3571) shall apply to the court
order in the same manner as that subchapter
applies to a sentence of a fine; and
``(iii) subchapter B of chapter 229 shall
apply to the court order in the same manner as
that subchapter applies to the implementation
of a sentence of a fine.
``(C) Effect on other penalties.--Imposition of
payment under subparagraph (A)(ii) shall not relieve a
defendant of, or entitle a defendant to a reduction in
the amount of, any special assessment, restitution,
other fines, penalties, or costs, or other payments
required under the defendant's sentence.
``(D) Schedule.--Notwithstanding any other
provision of law, if the court orders the defendant to
make any payment under subparagraph (A)(ii), the court
may provide a payment schedule that is concurrent with
the payment of any other financial obligation described
in subparagraph (C).
``(5) Authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated to the United States courts to carry out
this subsection $15,000,000 for each fiscal year.
``(B) Supervision of payments.--Payments from
appropriations authorized under subparagraph (A) shall
be made under the supervision of the Director of the
Administrative Office of the United States Courts.''.
SEC. 4. CYBERTIPLINE IMPROVEMENTS, AND ACCOUNTABILITY AND TRANSPARENCY
BY THE TECH INDUSTRY.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended--
(1) in section 2258A--
(A) by striking subsections (a), (b), and (c) and
inserting the following:
``(a) Duty To Report.--
``(1) Duty.--In order to reduce the proliferation of online
child sexual exploitation and to prevent the online sexual
exploitation of children, as soon as reasonably possible after
obtaining actual knowledge of any facts or circumstances
described in paragraph (2) or any apparent child pornography on
the provider's service, and in any event not later than 60 days
after obtaining such knowledge, a provider shall submit to the
CyberTipline of NCMEC, or any successor to the CyberTipline
operated by NCMEC, a report that--
``(A) shall contain--
``(i) the mailing address, telephone
number, facsimile number, electronic mailing
address of, and individual point of contact
for, such provider; and
``(ii) information or material described in
subsection (b)(1)(A) concerning such facts or
circumstances or apparent child pornography;
and
``(B) may contain information described in
subsection (b)(2), including any available information
to identify or locate any involved minor.
``(2) Facts or circumstances.--The facts or circumstances
described in this paragraph are any facts or circumstances
indicating an apparent, planned, or imminent violation of
section 1591 (if the violation involves a minor), 2251, 2251A,
2252, 2252A, 2252B, 2260, or 2422(b).
``(3) Complainant information.--For a report premised on a
complaint or notification submitted to a provider by a user of
the provider's product or service, or a parent, guardian, or
representative of such user, the provider shall take reasonable
measures to determine what information or material in the
user's account shall be included in the report as provided in
subsection (b)(1)(A)(vi).
``(b) Contents of Report.--
``(1) In general.--In an effort to prevent the future
sexual victimization of children, and to the extent the
information is within the custody or control of a provider,
each report provided under subsection (a)(1)--
``(A) shall include, to the extent that it is
applicable and reasonably available--
``(i) the name, address, electronic mail
address, user or account identification,
Internet Protocol address, port number, and
uniform resource locator of any individual who
is a subject of the report;
``(ii) the terms of service in effect at
the time of--
``(I) the apparent violation; or
``(II) the detection of apparent
child pornography or a planned or
imminent violation;
``(iii) a copy of any apparent child
pornography that is the subject of the report,
or all accessible chats, messages, or text
exchanges that are related to the report, that
were identified in a publicly available
location;
``(iv) for each item of apparent child
pornography included in the report under clause
(iii) or paragraph (2)(E), information
indicating whether--
``(I) the apparent child
pornography was publicly available; or
``(II) the provider, in its sole
discretion, viewed the apparent child
pornography, or any copy thereof, at
any point concurrent with or prior to
the submission of the report;
``(v) for each item of apparent child
pornography that is the subject of the report,
an indication as to whether the apparent child
pornography--
``(I) is created in whole or in
part through the use of software,
machine learning, artificial
intelligence, or any other computer-
generated or technological means,
including by adapting, modifying,
manipulating, or altering an authentic
visual depiction;
``(II) has previously been the
subject of a report under subsection
(a)(1); or
``(III) is the subject of multiple
contemporaneous reports due to rapid
and widespread distribution; and
``(vi) any and all information or material
(including apparent child pornography, chats,
messages, or text exchanges) relating to the
subject of the report in the account of a user
of the provider's product or service, if the
user, or the parent, guardian, or
representative of such user--
``(I) provided the information or
material in a notification or complaint
to the provider;
``(II) indicates that such
information or material should be
included in the report; or
``(III) consents to the inclusion
of such information or material in the
report; and
``(B) may, at the sole discretion of the provider,
include the information described in paragraph (2) of
this subsection.
``(2) Other information.--The information referred to in
paragraph (1)(B) is the following:
``(A) Information about any involved individual.--
Any information relating to the identity or location of
any individual who is a subject of the report,
including payment or financial information (excluding
personally identifiable information) and self-reported
identifying or locating information.
``(B) Information about any involved minor.--
Information relating to the identity or location of any
involved minor, which may include an address,
electronic mail address, Internet Protocol address,
port number, uniform resource locator, payment or
financial information (excluding personally
identifiable information), or any other information
that may identify or locate any involved minor,
including self-reported identifying or locating
information.
``(C) Historical reference.--Information relating
to when and how a customer or subscriber of a provider
uploaded, transmitted, or received content relating to
the report or when and how content relating to the
report was reported to, or discovered by the provider,
including a date and time stamp and time zone.
``(D) Geographic location information.--Information
relating to the geographic location of the involved
individual or website, which may include the Internet
Protocol address, port number, or verified address, or,
if not reasonably available, at least one form of
geographic identifying information, including area code
or ZIP Code, provided by the customer or subscriber, or
stored or obtained by the provider.
``(E) Apparent child pornography.--Any apparent
child pornography not described in paragraph
(1)(A)(iii), or other content related to the subject of
the report.
``(F) Complete communication.--The complete
communication containing any apparent child pornography
or other content, including--
``(i) any data or information regarding the
transmission of the communication; and
``(ii) any visual depictions, data, or
other digital files contained in, or attached
to, the communication.
``(G) Technical identifier.--An industry-standard
hash value or other similar industry-standard technical
identifier for any reported visual depiction as it
existed on the provider's service.
``(H) Description.--For any item of apparent child
pornography that is the subject of the report, an
indication of whether--
``(i) the depicted sexually explicit
conduct involves--
``(I) genital, oral, or anal sexual
intercourse;
``(II) bestiality;
``(III) masturbation;
``(IV) sadistic or masochistic
abuse; or
``(V) lascivious exhibition of the
anus, genitals, or pubic area of any
person; and
``(ii) the depicted minor is--
``(I) an infant or toddler;
``(II) prepubescent;
``(III) pubescent;
``(IV) post-pubescent; or
``(V) of an indeterminate age or
developmental stage.
``(I) Chats, messages, or text exchanges.--Chats,
messages, or text exchanges that fully provide the
context for the report.
``(3) Formatting of reports.--When a provider includes any
information described in paragraph (1) or, at its sole
discretion, any information described in paragraph (2) in a
report to the CyberTipline of NCMEC, or any successor to the
CyberTipline operated by NCMEC, the provider shall use best
efforts to ensure that the report conforms with the structure
of the CyberTipline or the successor, as applicable.
``(c) Forwarding of Report and Other Information to Law
Enforcement.--
``(1) In general.--Pursuant to its clearinghouse role as a
private, nonprofit organization, and at the conclusion of its
review in furtherance of its nonprofit mission, NCMEC shall
make available each report submitted under subsection (a)(1) to
one or more of the following law enforcement agencies:
``(A) Any Federal law enforcement agency that is
involved in the investigation of child sexual
exploitation, kidnapping, or enticement crimes.
``(B) Any State or local law enforcement agency
that is involved in the investigation of child sexual
exploitation.
``(C) A foreign law enforcement agency designated
by the Attorney General under subsection (d)(3) or a
foreign law enforcement agency that has an established
relationship with the Federal Bureau of Investigation,
Immigration and Customs Enforcement, or INTERPOL, and
is involved in the investigation of child sexual
exploitation, kidnapping, or enticement crimes.
``(2) Technical identifiers.--If a report submitted under
subsection (a)(1) contains an industry-standard hash value or
other similar industry-standard technical identifier--
``(A) NCMEC may compare that hash value or
identifier with any database or repository of visual
depictions owned or operated by NCMEC; and
``(B) if the comparison under subparagraph (A)
results in a match, NCMEC may include the matching
visual depiction from its database or repository when
forwarding the report to an agency described in
subparagraph (A) or (B) of paragraph (1).'';
(B) in subsection (d)--
(i) in paragraph (2), by striking
``subsection (c)(1)'' and inserting
``subsection (c)(1)(A)'';
(ii) in paragraph (3)--
(I) in subparagraph (A), by
striking ``subsection (c)(3)'' and
inserting ``subsection (c)(1)(C)''; and
(II) in subparagraph (C), by
striking ``subsection (c)(3)'' and
inserting ``subsection (c)(1)(C)''; and
(iii) in paragraph (5)(B)--
(I) in clause (i), by striking
``forwarded'' and inserting ``made
available''; and
(II) in clause (ii), by striking
``forwarded'' and inserting ``made
available'';
(C) by striking subsection (e) and inserting the
following:
``(e) Failure To Comply With Requirements.--
``(1) Criminal penalty.--
``(A) Offense.--It shall be unlawful for a provider
to knowingly--
``(i) fail to submit a report under
subsection (a)(1) within the time period
required by that subsection; or
``(ii) fail to preserve material as
required under subsection (h).
``(B) Penalty.--
``(i) In general.--A provider that violates
subparagraph (A) shall be fined--
``(I) in the case of an initial
violation, not more than--
``(aa) $850,000 if the
provider has not fewer than
100,000,000 monthly active
users; or
``(bb) $600,000 if the
provider has fewer than
100,000,000 monthly active
users; and
``(II) in the case of any second or
subsequent violation, not more than--
``(aa) $1,000,000 if the
provider has not fewer than
100,000,000 monthly active
users; or
``(bb) $850,000 if the
provider has fewer than
100,000,000 monthly active
users.
``(ii) Harm to individuals.--The maximum
fine under clause (i) shall be doubled if an
individual is harmed as a direct and proximate
result of the applicable violation.
``(2) Civil penalty.--
``(A) Violations relating to cybertipline reports
and material preservation.--A provider shall be liable
to the United States Government for a civil penalty in
an amount of not less than $50,000 and not more than
$250,000 if the provider knowingly--
``(i) fails to submit a report under
subsection (a)(1) within the time period
required by that subsection;
``(ii) fails to preserve material as
required under subsection (h); or
``(iii) submits a report under subsection
(a)(1) that--
``(I) contains materially false or
fraudulent information; or
``(II) omits information described
in subsection (b)(1)(A) that is
reasonably available.
``(B) Annual report violations.--A provider shall
be liable to the United States Government for a civil
penalty in an amount of not less than $100,000 and not
more than $1,000,000 if the provider knowingly--
``(i) fails to submit an annual report as
required under subsection (i); or
``(ii) submits an annual report under
subsection (i) that--
``(I) contains a materially false,
fraudulent, or misleading statement; or
``(II) omits information described
in subsection (i)(1) that is reasonably
available.
``(C) Harm to individuals.--The amount of a civil
penalty under subparagraph (A) or (B) shall be tripled
if an individual is harmed as a direct and proximate
result of the applicable violation.
``(D) Costs of civil actions.--A provider that
commits a violation described in subparagraph (A) or
(B) shall be liable to the United States Government for
the costs of a civil action brought to recover a civil
penalty under that subparagraph.
``(E) Enforcement.--This paragraph shall be
enforced in accordance with sections 3731, 3732, and
3733 of title 31, except that a civil action to recover
a civil penalty under subparagraph (A) or (B) of this
paragraph may only be brought by the United States
Government.
``(3) Deposit of fines and penalties.--Notwithstanding any
other provision of law, any criminal fine or civil penalty
collected under this subsection shall be deposited into the
Child Pornography Victims Reserve as provided in section
2259B.'';
(D) in subsection (f), by striking paragraph (3)
and inserting the following:
``(3) affirmatively search, screen, or scan for--
``(A) facts or circumstances described in
subsection (a)(2);
``(B) information described in subsection (b)(2);
or
``(C) any apparent child pornography.'';
(E) in subsection (g)--
(i) in paragraph (2)(A)--
(I) in clause (iii), by inserting
``or personnel at a children's advocacy
center'' after ``State)''; and
(II) in clause (iv), by striking
``State or subdivision of a State'' and
inserting ``State, subdivision of a
State, or children's advocacy center'';
and
(ii) in paragraph (3), in the matter
preceding subparagraph (A), by striking
``subsection (a)'' and inserting ``subsection
(a)(1)'';
(F) in subsection (h), by striking paragraph (5)
and inserting the following:
``(5) Relation to reporting requirement.--Submission of a
report as described in subsection (a)(1) does not satisfy the
obligations under this subsection.''; and
(G) by adding at the end the following:
``(i) Annual Report.--
``(1) In general.--Not later than March 31 of the second
year beginning after the date of enactment of the STOP CSAM Act
of 2025, and of each year thereafter, a provider that had more
than 1,000,000 unique monthly visitors or users during each
month of the preceding year and accrued revenue of more than
$50,000,000 during the preceding year shall submit to the
Attorney General and the Chair of the Federal Trade Commission
a report, disaggregated by subsidiary, that provides the
following information for the preceding year to the extent such
information is applicable and reasonably available:
``(A) Cybertipline data.--
``(i) The total number of reports that the
provider submitted under subsection (a)(1).
``(ii) Which items of information described
in subsection (b)(2) are routinely included in
the reports submitted by the provider under
subsection (a)(1).
``(B) Other reporting to the provider.--
``(i) The measures the provider has in
place to receive other reports concerning child
sexual exploitation and abuse using the
provider's product or on the provider's
service.
``(ii) The average time for responding to
reports described in clause (i).
``(iii) The number of reports described in
clause (i) that the provider received.
``(iv) A summary description of the actions
taken upon receipt of the reports described in
clause (i).
``(C) Policies.--
``(i) A description of the policies of the
provider with respect to the commission of
child sexual exploitation and abuse using the
provider's product or on the provider's
service, including how child sexual
exploitation and abuse is defined.
``(ii) A description of possible user
consequences for violations of the policies
described in clause (i).
``(iii) The methods of informing users of
the policies described in clause (i).
``(iv) The process for adjudicating
potential violations of the policies described
in clause (i).
``(D) Culture of safety.--
``(i) The measures, tools, and technologies
that the provider deploys to--
``(I) protect children from sexual
exploitation and abuse using the
provider's product or service;
``(II) prevent or interdict
activity by children related to sexual
exploitation and abuse, including the
posting or sharing of intimate visual
depictions; and
``(III) accurately identify adult
and minor users.
``(ii) The measures, tools, and
technologies that the provider deploys to
empower parents and guardians to protect their
children from sexual exploitation and abuse
using the provider's product or service.
``(iii) The measures, tools, and
technologies that the provider deploys to
prevent the use of the provider's product or
service by individuals seeking to commit child
sexual exploitation and abuse.
``(iv) With respect to the measures, tools,
and technologies described in clauses (i),
(ii), and (iii)--
``(I) an assessment of their
efficacy, including any relevant
quantitative information indicating
when and how often they are used; and
``(II) information on any factors
that limit their efficacy or create
gaps in their protection and efforts by
the provider to address those loopholes
or gaps.
``(v) A description of factors that
interfere with the provider's ability to detect
or evaluate instances of child sexual
exploitation and abuse and an analysis of the
impact of those factors.
``(vi) Information shared by the provider
with users about the risks to children on the
provider's product or service concerning sexual
exploitation and abuse and an assessment of the
impact of the information on users, including
any relevant quantitative information
indicating how often the information is
reviewed.
``(E) Safety by design.--The measures that the
provider takes before launching a new product or
service--
``(i) to assess--
``(I) the safety risks for children
with respect to sexual exploitation and
abuse; and
``(II) whether and how individuals
could use the new product or service to
commit child sexual exploitation and
abuse; and
``(ii) to determine--
``(I) the appropriate age for users
of the new product or service; and
``(II) whether the new product or
service will be adopted to commit child
sexual exploitation and abuse.
``(F) Prevalence, trends, and patterns.--Any
information concerning--
``(i) the prevalence of child sexual
exploitation and abuse on the provider's
product or service, including the volume of
child pornography that is available and that is
being accessed, distributed, or received; and
``(ii) emerging trends, risks, and changing
patterns with respect to the commission of
online child sexual exploitation and abuse.
``(G) Other information.--Any other information
relevant to child sexual exploitation and abuse on the
provider's product or service.
``(2) Avoiding duplication.--Notwithstanding the
requirement under the matter preceding paragraph (1) that
information be submitted annually, in the case of any report
submitted under that paragraph after the initial report, a
provider shall submit information described in subparagraphs
(C) through (F) of that paragraph not less frequently than once
every 3 years or when new information is available, whichever
is more frequent.
``(3) Limitation.--Nothing in paragraph (1) shall require
the disclosure of trade secrets or other proprietary
information.
``(4) Publication.--
``(A) In general.--Subject to subparagraph (B), the
Attorney General and the Chair of the Federal Trade
Commission shall publish the reports received under
this subsection.
``(B) Redaction.--
``(i) In general.--Whether or not such
redaction is requested by the provider, the
Attorney General and Chair of the Federal Trade
Commission shall redact from a report published
under subparagraph (A) any information as
necessary to avoid--
``(I) undermining the efficacy of a
safety measure described in the report;
or
``(II) revealing how a product or
service of a provider may be used to
commit online child sexual exploitation
and abuse.
``(ii) Additional redaction.--
``(I) Request.--In addition to
information redacted under clause (i),
a provider may request the redaction,
from a report published under
subparagraph (A), of any information
that is law enforcement sensitive or
otherwise not suitable for public
distribution.
``(II) Agency discretion.--The
Attorney General and Chair of the
Federal Trade Commission--
``(aa) shall consider a
request made under subclause
(I); and
``(bb) may, in their
discretion, redact from a
report published under
subparagraph (A) any
information pursuant to the
request.'';
(2) in section 2258B--
(A) by striking subsection (a) and inserting the
following:
``(a) In General.--
``(1) Limited liability.--Except as provided in subsection
(b), a civil claim or criminal charge described in paragraph
(2) may not be brought in any Federal or State court.
``(2) Covered claims and charges.--A civil claim or
criminal charge referred to in paragraph (1) is a civil claim
or criminal charge against a provider or domain name registrar,
including any director, officer, employee, or agent of such
provider or domain name registrar, that is directly
attributable to--
``(A) the performance of the reporting or
preservation responsibilities of such provider or
domain name registrar under this section, section
2258A, or section 2258C;
``(B) transmitting, distributing, or mailing child
pornography to any Federal, State, or local law
enforcement agency, or giving such agency access to
child pornography, in response to a search warrant,
court order, or other legal process issued or obtained
by such agency; or
``(C) the use by the provider or domain name
registrar of any material being preserved under section
2258A(h) by such provider or registrar for research and
the development and training of tools, undertaken
voluntarily and in good faith for the sole and
exclusive purpose of--
``(i) improving or facilitating reporting
under this section, section 2258A, or section
2258C; or
``(ii) stopping the online sexual
exploitation of children.''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``; or''
and inserting ``or knowingly failed to comply
with a requirement under section 2258A;'';
(ii) in paragraph (2)(C)--
(I) by striking ``sections'' and
inserting ``this section or section'';
and
(II) by striking the period and
inserting ``; or''; and
(iii) by adding at the end the following:
``(3) for purposes of subsection (a)(2)(C), knowingly
distributed or transmitted the material, or made the material
available, except as required by law, to--
``(A) any other entity;
``(B) any person not employed by the provider or
domain name registrar; or
``(C) any person employed by the provider or domain
name registrar who is not conducting any research
described in that subsection.'';
(3) in section 2258C--
(A) in the section heading, by striking ``the
CyberTipline'' and inserting ``NCMEC'';
(B) in subsection (a)--
(i) in the subsection heading, by striking
``Elements'' and inserting ``Information
Sharing With Providers and Entities for the
Purposes of Preventing and Curtailing the
Online Sexual Exploitation of Children'';
(ii) in paragraph (1)--
(I) by striking ``to a provider''
and inserting the following: ``or
submission to the Child Victim
Identification Program to--
``(A) a provider'';
(II) in subparagraph (A), as so
designated--
(aa) by inserting ``use of
the provider's products or
services to commit'' after
``stop the''; and
(bb) by striking the period
at the end and inserting ``;
or''; and
(III) by adding at the end the
following:
``(B) an entity for the sole and exclusive purpose
of preventing and curtailing the online sexual
exploitation of children.''; and
(iii) in paragraph (2)--
(I) in the heading, by striking
``Inclusions'' and inserting
``Elements'';
(II) by striking ``unique
identifiers'' and inserting ``similar
technical identifiers'';
(III) by inserting ``or content,
elements, or reported materials,''
after`` visual depiction,'';
(IV) by inserting a comma after
``location'';
(V) by striking ``and any other
elements''; and
(VI) by inserting ``or submission
to the Child Victim Identification
Program'' after ``CyberTipline
report'';
(C) in subsection (b)--
(i) in the heading, by inserting ``or
Entities'' after ``Providers'';
(ii) by striking ``Any provider'' and
inserting the following:
``(1) In general.--Any provider or entity'';
(iii) in paragraph (1), as so designated--
(I) by striking ``receives'' and
inserting ``obtains''; and
(II) by inserting ``or submission
to the Child Victim Identification
Program'' after ``CyberTipline
report''; and
(iv) by adding at the end the following:
``(2) Limitation on sharing with other entities.--A
provider or entity that obtains elements under subsection
(a)(1) may not distribute those elements, or make those
elements available, to any other entity, except for the sole
and exclusive purpose of curtailing, preventing, or stopping
the online sexual exploitation of children.'';
(D) in subsection (c)--
(i) by striking ``subsections'' and
inserting ``subsection'';
(ii) by striking ``providers receiving''
and inserting ``a provider or entity to
obtain'';
(iii) by inserting ``or submission to the
Child Victim Identification Program'' after
``CyberTipline report''; and
(iv) by striking ``to use the elements to
stop the online sexual exploitation of
children''; and
(E) in subsection (d), by inserting ``or to the
Child Victim Identification Program'' after
``CyberTipline'';
(4) in section 2258E--
(A) in paragraph (6), by striking ``electronic
communication service provider'' and inserting
``electronic communication service'';
(B) in paragraph (7), by striking ``and'' at the
end;
(C) in paragraph (8), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(9) the term `publicly available', with respect to a
visual depiction on a provider's service, means the visual
depiction can be viewed by or is accessible to all users of the
service, regardless of the steps, if any, a user must take to
create an account or to gain access to the service in order to
access or view the visual depiction; and
``(10) the term `Child Victim Identification Program' means
the program described in section 404(b)(1)(K)(ii) of the
Juvenile Justice and Delinquency Prevention Act of 1974 (34
U.S.C. 11293(b)(1)(K)(ii)).'';
(5) in section 2259B(a), by inserting ``, any fine or
penalty collected under section 2258A(e),'' after ``2259A'';
and
(6) by adding at the end the following:
``Sec. 2260B. Liability for certain child sexual exploitation offenses
``(a) Offense.--It shall be unlawful for a provider of an
interactive computer service, as that term is defined in section 230 of
the Communications Act of 1934 (47 U.S.C. 230), that operates through
the use of any facility or means of interstate or foreign commerce or
in or affecting interstate or foreign commerce, through such service
to--
``(1) intentionally host or store child pornography or make
child pornography available to any person; or
``(2) knowingly promote or facilitate a violation of
section 2251, 2251A, 2252, 2252A, or 2422(b).
``(b) Penalty.--A provider of an interactive computer service that
violates subsection (a)--
``(1) subject to paragraph (2), shall be fined not more
than $1,000,000; and
``(2) if the offense involves a conscious or reckless risk
of serious personal injury or an individual is harmed as a
direct and proximate result of the violation, shall be fined
not more than $5,000,000.
``(c) Rule of Construction.--Nothing in this section shall be
construed to apply to any good faith action by a provider of an
interactive computer service that is necessary to comply with a valid
court order, subpoena, search warrant, statutory obligation, or
preservation request from law enforcement.''.
(b) Clerical Amendment.--The table of sections for chapter 110 of
title 18, United States Code, is amended by adding at the end the
following:
``2260B. Liability for certain child sexual exploitation offenses.''.
(c) Effective Date for Amendments to Reporting Requirements of
Providers.--The amendments made by subsection (a)(1) of this section
shall take effect on the date that is 120 days after the date of
enactment of this Act.
SEC. 5. EXPANDING CIVIL REMEDIES FOR VICTIMS OF ONLINE CHILD SEXUAL
EXPLOITATION.
(a) Statement of Intent.--Nothing in this section shall be
construed to abrogate or narrow any case law concerning section 2255 of
title 18, United States Code.
(b) Civil Remedy for Personal Injuries.--Section 2255(a) of title
18, United States Code, is amended--
(1) by striking ``In General.--Any person who, while a
minor, was a victim of a violation of section 1589, 1590, 1591,
2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421,
2422, or 2423 of this title and who suffers personal injury as
a result of such violation, regardless of whether the injury
occurred while such person was a minor, may sue'' and inserting
the following: ``Private Right of Action.--
``(1) In general.--Any person described in subparagraph
(A), (B), or (C) of paragraph (2) who suffers personal injury
as a result of a violation described in that subparagraph,
regardless of whether the injury occurred while such person was
a minor, may bring a civil action''; and
(2) by adding at the end the following:
``(2) Eligible persons.--Paragraph (1) shall apply to any
person--
``(A) who, while a minor, was a victim of--
``(i) a violation of section 1589, 1590,
1591, 2241, 2242, 2243, 2251, 2251A, 2260(a),
2421, 2422, or 2423;
``(ii) an attempt to violate section 1589,
1590, or 1591 under section 1594(a);
``(iii) a conspiracy to violate section
1589 or 1590 under section 1594(b); or
``(iv) a conspiracy to violate section 1591
under section 1594(c);
``(B) who--
``(i) is depicted as a minor in child
pornography; and
``(ii) is a victim of a violation of 2252,
2252A, or 2260(b) (regardless of when the
violation occurs); or
``(C) who--
``(i) is depicted as an identifiable minor
in a visual depiction described in section
1466A; and
``(ii) is a victim of a violation of that
section (regardless of when the violation
occurs).''.
(c) Civil Remedy Against Online Platforms and App Stores.--
(1) In general.--Chapter 110 of title 18, United States
Code, is amended by inserting after section 2255 the following:
``Sec. 2255A. Additional remedy for certain victims of child
pornography or child sexual exploitation
``(a) In General.--
``(1) Promotion or aiding and abetting of certain
violations.--Any person who is a victim of the intentional,
knowing, or reckless promotion, or aiding and abetting, of a
violation of section 1591 or 1594(c) (involving a minor), or
section 2251, 2251A, 2252, 2252A, or 2422(b), where such
promotion, or aiding and abetting, is by a provider of an
interactive computer service or an app store, and who suffers
personal injury as a result of such promotion or aiding and
abetting, regardless of when the injury occurred, may bring a
civil action in any appropriate United States District Court
for relief set forth in subsection (b).
``(2) Activities involving child pornography.--Any person
who is a victim of the intentional, knowing, or reckless
hosting or storing of child pornography or making child
pornography available to any person by a provider of an
interactive computer service, and who suffers personal injury
as a result of such hosting, storing, or making available,
regardless of when the injury occurred, may bring a civil
action in any appropriate United States District Court for
relief set forth in subsection (b).
``(b) Relief.--In a civil action brought by a person under
subsection (a)--
``(1) the person shall recover the actual damages the
person sustains or liquidated damages in the amount of
$300,000, and the cost of the action, including reasonable
attorney fees and other litigation costs reasonably incurred;
and
``(2) the court may, in addition to any other relief
available at law, award punitive damages and such other
preliminary and equitable relief as the court determines to be
appropriate, including a temporary restraining order, a
preliminary injunction, or a permanent injunction ordering the
defendant to cease the offending conduct.
``(c) Statute of Limitations.--There shall be no time limit for the
filing of a complaint commencing an action under subsection (a).
``(d) Venue; Service of Process.--
``(1) Venue.--Any action brought under subsection (a) may
be brought in the district court of the United States that
meets applicable requirements relating to venue under section
1391 of title 28.
``(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in which
the defendant--
``(A) is an inhabitant; or
``(B) may be found.
``(e) Relation to Section 230 of the Communications Act of 1934.--
Nothing in section 230 of the Communications Act of 1934 (47 U.S.C.
230) shall be construed to impair or limit any claim brought under
subsection (a).
``(f) Rules of Construction.--
``(1) Applicability to legal process or obligation.--
Nothing in this section shall be construed to apply to any good
faith action that is necessary to comply with a valid court
order, subpoena, search warrant, statutory obligation, or
preservation request from law enforcement.
``(2) Application of section 2258b.--A civil action brought
under subsection (a) shall be subject to section 2258B.
``(g) Encryption Technologies.--
``(1) In general.--None of the following actions or
circumstances shall serve as an independent basis for liability
under subsection (a):
``(A) Utilizing full end-to-end encrypted messaging
services, device encryption, or other encryption
services.
``(B) Not possessing the information necessary to
decrypt a communication.
``(C) Failing to take an action that would
otherwise undermine the ability to offer full end-to-
end encrypted messaging services, device encryption, or
other encryption services.
``(2) Consideration of evidence.--Evidence of actions or
circumstances described in paragraph (1) shall be admissible in
a civil action brought under subsection (a) if--
``(A) the actions or circumstances are relevant
under rules 401 and 402 of the Federal Rules of
Evidence to--
``(i) prove motive, intent, preparation,
plan, absence of mistake, or lack of accident;
or
``(ii) rebut any evidence or factual or
legal claim; and
``(B) the actions or circumstances--
``(i) are otherwise admissible under the
Federal Rules of Evidence; and
``(ii) are not subject to exclusion under
rule 403 or any other rule of the Federal Rules
of Evidence.
``(3) No effect on discovery.--Nothing in paragraph (1) or
(2) shall be construed to create a defense to a discovery
request or otherwise limit or affect discovery in any civil
action brought under subsection (a).
``(h) Defense.--In a civil action under subsection (a)(2) involving
knowing or reckless conduct, it shall be a defense at trial, which the
provider of an interactive computer service must establish by a
preponderance of the evidence as determined by the finder of fact,
that--
``(1) the provider disabled access to or removed the child
pornography within a reasonable timeframe, and in any event not
later than 48 hours after obtaining knowledge that the child
pornography was being hosted, stored, or made available by the
provider (or, in the case of a provider that, for the most
recent calendar year, averaged fewer than 10,000,000 active
users on a monthly basis in the United States, within a
reasonable timeframe, and in any event not later than 2
business days after obtaining such knowledge);
``(2) the provider exercised a reasonable, good faith
effort to disable access to or remove the child pornography but
was unable to do so for reasons outside the provider's control;
or
``(3) it is technologically impossible for the provider to
disable access to or remove the child pornography without
compromising encryption technologies.
``(i) Sanctions for Repeated Bad Faith Civil Actions or Defenses.--
``(1) Definitions.--In this subsection:
``(A) Bad faith civil action.--The term `bad faith
civil action' means a civil action brought under
subsection (a) in bad faith where the finder of fact
determines that at the time the civil action was filed,
the party, attorney, or law firm described in paragraph
(2) had actual knowledge that--
``(i) the alleged conduct did not involve
any minor; or
``(ii) the alleged child pornography did
not depict--
``(I) any minor; or
``(II) sexually explicit conduct,
sexual suggestiveness, full or partial
nudity, or implied sexual activity.
``(B) Bad faith defense.--The term `bad faith
defense' means a defense in a civil action brought
under subsection (a) raised in bad faith where the
finder of fact determines that at the time the defense
was raised, the party, attorney, or law firm described
in paragraph (3) had actual knowledge that the
defense--
``(i) was made solely for the purpose of
delaying the civil action or increasing the
costs of the civil action; or
``(ii) was objectively baseless in light of
the applicable law or facts at issue.
``(2) Bad faith civil action.--In the case of a civil
action brought under subsection (a), the court may impose
sanctions on--
``(A) the party bringing the civil action if the
court finds that the party has brought 2 or more bad
faith civil actions (which may include the instant
civil action); or
``(B) an attorney or law firm representing the
party bringing the civil action if the court finds that
the attorney or law firm has represented--
``(i) a party who has brought 2 or more bad
faith civil actions (which may include the
instant civil action); or
``(ii) 2 or more parties who have each
brought a bad faith civil action (which may
include the instant civil action).
``(3) Bad faith defense.--In the case of a civil action
brought under subsection (a), the court may impose sanctions
on--
``(A) the party defending the civil action if the
court finds that the party has raised 2 or more bad
faith defenses (which may include 1 or more defenses
raised in the instant civil action); or
``(B) an attorney or law firm representing the
party defending the civil action if the court finds
that the attorney or law firm has represented--
``(i) a party who has raised 2 or more bad
faith defenses (which may include 1 or more
defenses raised in the instant civil action);
or
``(ii) 2 or more parties who have each
raised a bad faith defense (which may include a
defense raised in the instant civil action).
``(4) Implementation.--Rule 11(c) of the Federal Rules of
Civil Procedure shall apply to sanctions imposed under this
subsection in the same manner as that rule applies to sanctions
imposed for a violation of rule 11(b) of those Rules.
``(5) Rules of construction.--
``(A) Rule 11.--This subsection shall not be
construed to limit or expand the application of rule 11
of the Federal Rules of Civil Procedure.
``(B) Definition change.--Paragraph (1)(A)(ii)
shall not be construed to apply to a civil action
affected by a contemporaneous change in the law with
respect to the definition of `child pornography'.
``(j) Definitions.--In this section:
``(1) App.--The term `app' means a software application or
electronic service that may be run or directed by a user on a
computer, a mobile device, or any other general purpose
computing device.
``(2) App store.--The term `app store' means a publicly
available website, software application, or other electronic
service that--
``(A) distributes apps from third-party developers
to users of a computer, a mobile device, or any other
general purpose computing device; and
``(B) operates--
``(i) through the use of any means or
facility of interstate or foreign commerce; or
``(ii) in or affecting interstate or
foreign commerce.
``(3) Interactive computer service.--The term `interactive
computer service' means an interactive computer service, as
defined in section 230(f) of the Communications Act of 1934 (47
U.S.C. 230(f)), that operates--
``(A) through the use of any means or facility of
interstate or foreign commerce; or
``(B) in or affecting interstate or foreign
commerce.
``(k) Savings Clause.--Nothing in this section, including the
defenses under this section, shall be construed to apply to any civil
action brought under any other Federal law, rule, or regulation,
including any civil action brought against a provider of an interactive
computer service or an app store under section 1595 or 2255.''.
(2) Clerical amendment.--The table of sections for chapter
110 of title 18, United States Code, is amended by inserting
after the item relating to section 2255 the following:
``2255A. Additional remedy for certain victims of child pornography or
child sexual exploitation.''.
SEC. 6. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act
and the amendments made by this Act, and the application of the
provision or amendment to any other person or circumstance, shall not
be affected.
SEC. 7. CONTINUED APPLICABILITY OF FEDERAL, STATE, AND TRIBAL LAW.
(a) Federal Law.--Nothing in this Act or the amendments made by
this Act, nor any rule or regulation issued pursuant to this Act or the
amendments made by this Act, shall affect or diminish any right or
remedy for a victim of child pornography or child sexual exploitation
under any other Federal law, rule, or regulation, including any claim
under section 2255 of title 18, United States Code, with respect to any
individual or entity.
(b) State or Tribal Law.--Nothing in this Act or the amendments
made by this Act, nor any rule or regulation issued pursuant to this
Act or the amendments made by this Act, shall--
(1) preempt, diminish, or supplant any right or remedy for
a victim of child pornography or child sexual exploitation
under any State or Tribal common or statutory law; or
(2) prohibit the enforcement of a law governing child
pornography or child sexual exploitation that is at least as
protective of the rights of a victim as this Act and the
amendments made by this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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