[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 5054 Introduced in Senate (IS)]

<DOC>






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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Internet Sexual Exploitation 
Act''.

SEC. 2. DEFINITIONS.

    (a) In General.--In this Act--
            (1) the term ``Commission'' means the Federal Trade 
        Commission;
            (2) the term ``covered platform'' means an online platform 
        that hosts and makes available to the general public 
        pornographic images; and
            (3) the term ``pornographic image'' means any visual 
        depiction, including any photograph, film, video, picture, or 
        computer or computer-generated image or picture, whether made 
        or produced by electronic, mechanical, or other means, of 
        sexually explicit conduct.
    (b) Terms Defined in Section 2256 of Title 18, United States 
Code.--For purposes of subsection (a)(3), the terms ``computer'', 
``sexually explicit conduct'', and ``visual depiction'' have the 
meanings given those terms in section 2256 of title 18, United States 
Code.

SEC. 3. DUTIES OF ONLINE PLATFORMS THAT HOST PORNOGRAPHY.

    (a) Upload Requirements.--
            (1) In general.--A covered platform shall require any user 
        who uploads a pornographic image to the platform to--
                    (A) verify--
                            (i) the identity of the user; and
                            (ii) that the user is not less than the 
                        minimum age required to consent to sexual acts 
                        under the law of the State in which the user 
                        resides; and
                    (B) upload a signed consent form from each 
                individual appearing in the pornographic image that 
                includes--
                            (i) the name and electronic signature of 
                        the individual;
                            (ii) a statement that the consent is for 
                        distribution of the specific pornographic 
                        image; and
                            (iii) the geographic area for which the 
                        individual consents to distribution of the 
                        pornographic image.
            (2) Effective date; applicability.--Paragraph (1) shall--
                    (A) take effect on the date that is 14 days after 
                the date of enactment of this Act; and
                    (B) apply to any pornographic image uploaded to a 
                covered platform before, on, or after that effective 
                date.
    (b) Means of Removal.--
            (1) Notice.--A covered platform shall display a notice on 
        the website or mobile application of the platform, in the form 
        of a prominently visible banner, that provides instructions on 
        how an individual or an authorized representative of an 
        individual, or a law enforcement officer, can request removal 
        of a pornographic image from the platform, including through 
        the hotline required under paragraph (2), if the individual 
        appears in the pornographic image and has not consented to the 
        pornographic image being uploaded to the platform.
            (2) Hotline.--
                    (A) In general.--A covered platform shall operate a 
                24-hour telephone hotline that an individual or an 
                authorized representative of an individual, or a law 
                enforcement officer, can contact to request removal of 
                a pornographic image from the platform if the 
                individual appears in the pornographic image and has 
                not consented to the pornographic image being uploaded 
                to the platform.
                    (B) Fraudulent claims.--It shall be unlawful for an 
                individual to abuse a hotline described in subparagraph 
                (A) by submitting fraudulent claims.
            (3) Timing of removal.--If a covered platform receives 
        notice through any mechanism offered by the platform as 
        described in paragraph (1) that a pornographic image has been 
        uploaded to the platform without the consent of an individual 
        who appears in the pornographic image, the platform shall 
        remove the pornographic image from the platform as quickly as 
        possible, and in any event not later than 2 hours after 
        receiving the notice.
    (c) Prohibition on Downloads.--On and after the date that is 90 
days after the date of enactment of this Act, a covered platform may 
not permit the download to a retrievable data file of any pornographic 
image from the platform.
    (d) Blocking Re-Uploads.--On and after the date that is 180 days 
after the date of enactment of this Act, a covered platform shall block 
any pornographic image that has been removed from the platform in 
accordance with this section from being re-uploaded to the platform.
    (e) Enforcement by Federal Trade Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        this section shall be treated as a violation of a rule defining 
        an unfair or deceptive act or practice under section 
        18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
        57a(a)(1)(B)).
            (2) Powers of commission.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the Commission shall enforce this section in the 
                same manner, by the same means, and with the same 
                jurisdiction, powers, and duties as though all 
                applicable terms and provisions of the Federal Trade 
                Commission Act (15 U.S.C. 41 et seq.) were incorporated 
                into and made a part of this Act.
                    (B) Privileges and immunities.--Except as provided 
                in subparagraph (C), any person who violates this 
                section shall be subject to the penalties and entitled 
                to the privileges and immunities provided in the 
                Federal Trade Commission Act (15 U.S.C. 41 et seq.).
                    (C) Nonprofit organizations and common carriers.--
                Notwithstanding section 4, 5(a)(2), or 6 of the Federal 
                Trade Commission Act (15 U.S.C. 44, 45(a)(2), 46) or 
                any jurisdictional limitation of the Commission, the 
                Commission shall also enforce this section, in the same 
                manner provided in subparagraphs (A) and (B) of this 
                paragraph, with respect to--
                            (i) organizations not organized to carry on 
                        business for their own profit or that of their 
                        members; and
                            (ii) common carriers subject to the 
                        Communications Act of 1934 (47 U.S.C. 151 et 
                        seq.) and any Act amendatory thereof or 
                        supplementary thereto.
            (3) Substantial compliance.--The Commission may elect not 
        to enforce a violation of this section by a covered platform 
        that has demonstrated substantial compliance with this section.

SEC. 4. DATABASE.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Attorney General shall establish a database 
of individuals who have indicated that they do not consent to the 
uploading to any covered platform of any pornographic images in which 
the individuals appear.
    (b) Personally Identifiable Information.--The Attorney General 
shall protect the personally identifiable information of any individual 
listed in the database established under subsection (a).
    (c) Verification by Platforms Required.--Before allowing a 
pornographic image to be uploaded to a covered platform, the platform 
shall ensure that no individual who appears in the pornographic image 
is listed in the database established under subsection (a).
    (d) Civil Penalty.--
            (1) In general.--The Attorney General shall impose a civil 
        penalty on any covered platform that violates subsection (c) in 
        an amount of not more than $1,000 for each day or fraction 
        thereof during which a pornographic image is hosted on the 
        platform in violation of that subsection.
            (2) Use of funds.--The Attorney General shall use the 
        proceeds of a civil penalty imposed under paragraph (1) for 
        services to individuals whose image is uploaded to a covered 
        platform in violation of this Act.
    (e) Regulations.--Not later than 90 days after the date of 
enactment of this Act, the Attorney General shall promulgate 
regulations specifying--
            (1) where the database established under subsection (a) 
        will be housed; and
            (2) an entity, whether an office of the Department of 
        Justice or a nonprofit organization that receives a grant from 
        the Department, that can connect individuals listed in the 
        database with services, including mental health counseling, 
        medical treatment, and legal services.

SEC. 5. PRIVATE RIGHT OF ACTION.

    (a) In General.--If a user of a covered platform uploads a 
pornographic image of an individual to the platform without the consent 
of the individual, the individual may bring a civil action against the 
user in an appropriate district court of the United States.
    (b) Strict Liability.--In a civil action brought against a user of 
a covered platform under subsection (a), unless the user can prove bona 
fide consent from the plaintiff, the user shall be strictly liable to 
the plaintiff.

SEC. 6. RELATION TO COMMUNICATIONS DECENCY ACT.

    Nothing in this Act shall be construed to affect section 230 of the 
Communications Act of 1934 (47 U.S.C. 230).
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