[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8457 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 8457 To prevent the distribution of intimate visual depictions without consent. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 17, 2024 Mrs. Luna introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To prevent the distribution of intimate visual depictions without consent. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Preventing Rampant Online Technological Exploitation and Criminal Trafficking Act of 2024'' or the ``PROTECT Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Severability clause. TITLE I--REGULATING THE UPLOADING OF PORNOGRAPHIC IMAGES TO ONLINE PLATFORMS Sec. 101. Verification obligations of covered platform operators. Sec. 102. Removal of images distributed without consent. Sec. 103. Obligations of users. TITLE II--ENFORCEMENT Sec. 201. Civil enforcement. Sec. 202. Criminal prohibition on nonconsensual distribution of intimate visual depictions. SEC. 2. FINDINGS. Congress finds the following: (1) In the United States, reports of child sexual abuse material (referred to in this section as ``CSAM'') have grown exponentially in recent years, from 3,000 reports in 1998 to more than 1,000,000 in 2014 and 18,400,000 in 2018. The New York Times called it an ``almost unfathomable'' increase in criminal behavior. (2) The National Center for Missing and Exploited Children (referred to in this section as ``NCMEC''), which is based in the United States, recorded more than 29,300,000 reports of suspected CSAM to its CyberTipline in 2021, the highest number of reports ever received in a single year and a 35 percent increase from 2020. Those reports included 85,000,000 images, videos, and other files of suspected CSAM and incident-related content. (3) Recent trends reported by NCMEC include increasingly graphic and violent sexual abuse images, and videos of infants and young children. (4) The Daily, a podcast hosted by the New York Times, reported in 2019 that CSAM had so overwhelmed law enforcement agencies in the United States that the Federal Bureau of Investigation, for example, had prioritized investigating material depicting infants and toddlers, not older children. (5) The COVID-19 pandemic has resulted in a surge in the online distribution of CSAM, which was remarkably high even before the pandemic. During the pandemic, NCMEC reported a 106- percent increase in the sharing of CSAM globally. The increased number of offenders exchanging CSAM during lockdowns has continued to stimulate demand for CSAM beyond the lockdowns. (6) Project Arachnid is a web platform administered by the Canadian Centre for Child Protection (referred to in this section as ``C3P'') that is designed to detect known images of CSAM and issue removal notices to electronic service providers when possible. C3P has reported, ``It is a common misconception that CSAM and harmful-abusive content are relegated solely to the dark web.''. In fact, 97 percent of the illegal media detected by Project Arachnid hides in plain sight on the clear web on image or file hosting services, forums, content delivery networks, and both mainstream adult pornography sites, such as Pornhub, XVideos, OnlyFans, and YouPorn, and fringe adult pornography sites. (7) In 2021, NCMEC reported that a majority of CSAM reports, more than 29,157,083 out of 29,397,681, came from electronic service providers. (8) An alarming and increasing number of adults are being depicted in online pornography without their knowledge or consent. These individuals are often victims of sexual abuse, sex trafficking, rape, sexual exploitation, sextortion, and forms of image-based sexual abuse such as nonconsensual distribution of sexually explicit material. (9) Most pornography websites do not effectively verify the age of the users who upload content to their platforms. Nor do these websites make an effort to effectively verify the age, consent, or identity of all individuals who are depicted in the pornographic content. (10) Pornography websites attract hundreds of millions of visitors daily. The 2 most-visited pornography websites in 2023, for example, reported attracting more than 693,500,000 and 629,500,000 monthly users, respectively, each exceeding the traffic of Netflix, Twitter, Instagram, Pinterest, or LinkedIn. (11) Pornography websites profit from the content uploaded to their platforms, including content that depicts or involves rape, child exploitation and abuse, and sex trafficking. In 2019, 6 high-level individuals employed by an online pornographic distributor were convicted of sex trafficking. Over an 11-year period, that platform generated more than $17,000,000 in revenue. (12) Not only are high-ranking officers of pornography websites aware of the proliferation of CSAM material on their platforms, but they appear to knowingly decline to investigate reports of nonconsensual or underage sexually explicit materials on the platforms. A 2021 lawsuit revealed that Pornhub's parent company Aylo, at the time known as MindGeed USA Incorporated, had a policy to only review videos flagged for rape or sexual abuse if the video received at least 16 unique reports. If a video had 15 or fewer reports, Pornhub refused to investigate. Internal emails stated that as of May 27, 2020, Pornhub had a backlog of 706,425 videos of possible rape or child sexual abuse with 15 or fewer reports. At the time of the lawsuit, only 1 out of Pornhub's 1,400 total employees was tasked with reviewing videos reported for violence or CSAM full-time. Pornhub's chief executive officer called these policies ``good and reasonable''. (13) The ongoing exploitation of underage or nonconsenting individuals by highly-visited pornography websites is evidenced by a recent series of successful lawsuits. One case, involving 22 victims of sex trafficking and fraud, concluded in a nearly $13,000,000 verdict against a pornography content producer who coerced women and children into producing sexual content. Another 34 women, some of whom are victims of child sex trafficking, filed a lawsuit against a pornographic website for failing to take proper precautions to verify the content uploaded to its platform and monetizing the illegal content. (14) The internet has revolutionized the pornography industry, making pornographic content incomparably more available, accessible, affordable, and anonymous than at any previous time in the history of the United States. Today, substantial majorities of teenagers have viewed pornography. A United States population-based probability study found that 84 percent of males and 57 percent of females between the ages of 14 and 18 have viewed pornography, belying the industry's faux status as so-called ``adult entertainment''. Moreover, pornography has contributed to the normalization of sexual violence among the youth of the United States. Numerous studies have demonstrated that viewing pornography harms youth, as it contributes to sexually violent attitudes and conduct towards children and adults and creates unrealistic expectations for intimate relationships. Additionally, research has demonstrated that the demand for online pornography has fueled an increase in purchasing sex from prostituted or sex trafficked individuals. (15) The online pornography industry has remained unchecked and generally immune from regulations. Online creators and distributors of pornographic content should be held to standards that require informed and thorough consent as well as age-verification. Currently, no substantive laws govern consent in pornography, which has permitted rampant abuses to occur. (16) Companies should not profit from the sexual exploitation of children and adults. Requiring pornographic websites to verify the age, consent, and identity of individuals appearing in pornographic content on their platforms would substantially curb the rampant exploitation of all children and adults online. (17) The harm to victims of CSAM and image-based sexual abuse is deep and enduring. Every time an image or video of their exploitation is shared, their abuse is repeated and amplified. SEC. 3. DEFINITIONS. (a) In General.--In this Act: (1) Coerced consent.--The term ``coerced consent'' means purported consent obtained from a person-- (A) through fraud, duress, misrepresentation, undue influence, or nondisclosure; (B) who lacks capacity; or (C) though exploiting or leveraging the person's-- (i) immigration status; (ii) pregnancy; (iii) disability; (iv) addiction; (v) juvenile status; or (vi) economic circumstances. (2) Consent.--The term ``consent''-- (A) means an agreement that is informed and thorough; and (B) does not include coerced consent. (3) Covered platform.-- (A) In general.--The term ``covered platform'' means an interactive computer service that hosts or makes available to the general public pornographic images. (B) Availability to public.--For purposes of subparagraph (A), the availability of pornographic images to a group of subscribers shall be considered availability to the general public if any member of the general public (subject to reasonable limitations) can obtain a subscription. (4) Covered platform operator.--The term ``covered platform operator'' means a provider of a covered platform. (5) Interactive computer service.--The term ``interactive computer service'' has the meaning given that term in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)). (6) Intimate visual depiction.--The term ``intimate visual depiction'' means any visual depiction-- (A) of an individual who is reasonably identifiable from the visual depiction itself or information displayed in connection with the visual depiction, including through-- (i) facial recognition; (ii) an identifying marking on the individual, including a birthmark or piercing; (iii) an identifying feature of the background of the visual depiction; (iv) voice matching; or (v) written confirmation from an individual who is responsible, in whole or in part, for the creation or development of the visual depiction; and (B) in which-- (i) the individual depicted is engaging in sexually explicit conduct; or (ii) the naked genitals, anus, pubic area, or post-pubescent female nipple of the individual depicted are visible. (7) Pornographic image.--The term ``pornographic image'' means-- (A) any visual depiction of actual or feigned sexually explicit conduct; or (B) any intimate visual depiction. (8) User.--The term ``user''-- (A) means an individual who is an information content provider (as defined in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f))); and (B) with respect to a covered platform, means an individual described in subparagraph (A) who is responsible, in whole or in part, for the creation or development of pornographic images hosted or made available by the covered platform. (b) Terms Defined in Section 2256 of Title 18, United States Code.--For purposes of subsection (a)-- (1) the term ``computer'' has the meaning given that term in section 2256 of title 18, United States Code; and (2) the term ``sexually explicit conduct'' has the meaning given that term in section 2256(2)(A) of title 18, United States Code; and (3) the term ``visual depiction'' means a photograph, film, video, or modified photograph, film, or video, whether made or produced by electronic, mechanical, or other means. SEC. 4. SEVERABILITY CLAUSE. If any provision of this Act or an amendment made by this Act, or the application of such a provision or amendment to any person or circumstance, is held to be unconstitutional, the remaining provisions of this Act and amendments made by this Act, and the application of such provisions and amendments to any other person or circumstance, shall not be affected thereby. TITLE I--REGULATING THE UPLOADING OF PORNOGRAPHIC IMAGES TO ONLINE PLATFORMS SEC. 101. VERIFICATION OBLIGATIONS OF COVERED PLATFORM OPERATORS. (a) Verification of Users.-- (1) In general.--A covered platform operator may not upload or allow a user to upload a pornographic image to the covered platform unless the operator has verified, in accordance with paragraph (2)-- (A) the identity of the user; and (B) that the user is not less than 18 years old. (2) Means of compliance.--In carrying out paragraph (1), a covered platform operator shall verify the identity and age of a user by-- (A) requiring use of an adult access code or adult personal identification number; (B) accepting a digital certificate that verifies age; or (C) using any other reasonable measure of age verification that the Attorney General has determined to be feasible with available technology. (3) Insufficient user confirmation.--Merely requiring a user to confirm that the user is not less than 18 years of age, without independent means of verification, shall not satisfy the requirement under paragraph (1). (b) Verification of Participants.-- (1) In general.--A covered platform operator may not upload or allow a user to upload a pornographic image to the covered platform unless the operator has verified, in accordance with paragraph (2), that each individual appearing in the pornographic image-- (A) was not less than 18 years of age when the pornographic image was created; (B) has provided explicit written evidence of consent for each sex act in which the individual engaged during the creation of the pornographic image; and (C) has provided explicit written consent for the distribution of the specific pornographic image. (2) Separate consent for sex act and for distribution of image.-- (A) Consent for sex act.--Consent described in subparagraph (B) of paragraph (1) does not imply or constitute evidence of consent described in subparagraph (C) of that paragraph. (B) Consent for distribution of image.--Consent described in subparagraph (C) of paragraph (1) does not imply or constitute evidence of consent described in subparagraph (B) of that paragraph. (3) Means of compliance.--In carrying out paragraph (1), a covered platform operator shall obtain, either from the user seeking to upload the pornographic image or through other means-- (A) a consent form created or approved by the Attorney General under paragraph (4) from each individual appearing in the pornographic image that includes-- (i) the name, date of birth, and signature of the individual; (ii) a statement that the individual is not less than 18 years of age, unless no reasonable person could conclude that the individual is less than 30 years of age; (iii) a statement that the consent is for distribution of the specific pornographic image; (iv) the geographic area and medium, meaning online, print, or other distribution method, for which the individual provides consent to distribution of the pornographic image; (v) the duration of time for which the individual provides consent to distribution of the pornographic image; (vi) a list of the specific sex acts that the person agrees to engage in for the pornogra