[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5259 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 5259

 To require certain interactive computer services to adopt and operate 
 technology verification measures to ensure that users of the platform 
                are not minors, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 14, 2022

    Mr. Lee introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To require certain interactive computer services to adopt and operate 
 technology verification measures to ensure that users of the platform 
                are not minors, and for other purposes.

    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 ``Shielding Children's Retinas from 
Egregious Exposure on the Net Act'' or the ``SCREEN Act''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) Over the 3 decades preceding the date of enactment of 
        this Act, Congress has passed several bills to protect minors 
        from access to online pornographic content, including title V 
        of the Telecommunications Act of 1996 (Public Law 104-104) 
        (commonly known as the ``Communications Decency Act''), section 
        231 of the Communications Act of 1934 (47 U.S.C. 231) (commonly 
        known as the ``Child Online Protection Act''), and the 
        Children's Internet Protection Act (title XVII of division B of 
        Public Law 106-554).
            (2) With the exception of the Children's Internet 
        Protection Act (title XVII of division B of Public Law 106-
        554), the Supreme Court of the United States has struck down 
        the previous efforts of Congress to shield children from 
        pornographic content, finding that such legislation constituted 
        a ``compelling government interest'' but that it was not the 
        least restrictive means to achieve such interest. In Ashcroft 
        v. ACLU, 542 U.S. 656 (2004), the Court even suggested at the 
        time that ``blocking and filtering software'' could conceivably 
        be a ``primary alternative'' to the requirements passed by 
        Congress.
            (3) In the nearly 2 decades since the Supreme Court of the 
        United States suggested the use of ``blocking and filtering 
        software'', such technology has proven to be ineffective in 
        protecting minors from accessing online pornographic content. 
        The Kaiser Family Foundation has found that filters do not work 
        on 1 in 10 pornography sites accessed intentionally and 1 in 3 
        pornography sites that are accessed unintentionally. Further, 
        it has been proven that children are able to bypass ``blocking 
        and filtering'' software by employing strategic searches or 
        measures to bypass the software completely.
            (4) Additionally, Pew Research has revealed studies showing 
        that only 39-percent of parents use blocking or filtering 
        software for their minor's online activities, meaning that 61-
        percent of children only have restrictions on their internet 
        access when they are at school or at a library.
            (5) 17 States have now recognized pornography as a public 
        health hazard that leads to a broad range of individual harms, 
        societal harms, and public health impacts.
            (6) It is estimated that 80-percent of minors between the 
        ages of 12 to 17 have been exposed to pornography, with 54-
        percent of teenagers seeking it out. The internet is the most 
        common source for minors to access pornography with 
        pornographic websites receiving more web traffic in the United 
        States than Twitter, Netflix, Pinterest, and LinkedIn combined.
            (7) Exposure to online pornography has created unique 
        psychological effects for minors, including anxiety, addiction, 
        low self-esteem, body image disorders, an increase in 
        problematic sexual activity at younger ages, and an increased 
        desire among minors to engage in risky sexual behavior.
            (8) The Supreme Court of the United States has recognized 
        on multiple occasions that Congress has a ``compelling 
        government interest'' to protect the physical and psychological 
        well-being of minors, which includes shielding them from 
        ``indecent'' content that may not necessarily be considered 
        ``obscene'' by adult standards.
            (9) Because ``blocking and filtering software'' has not 
        produced the results envisioned nearly 2 decades ago, it is 
        necessary for Congress to pursue alternative policies to enable 
        the protection of the physical and psychological well-being of 
        minors.
            (10) The evolution of our technology has now enabled the 
        use of age verification technology that is cost efficient, not 
        unduly burdensome, and can be operated narrowly in a manner 
        that ensures only adults have access to a website's online 
        pornographic content.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) shielding minors from access to online pornographic 
        content is a compelling government interest that protects the 
        physical and psychological well-being of minors; and
            (2) requiring interactive computer services that are in the 
        business of creating, hosting, or making available pornographic 
        content to enact technological measures that shield minors from 
        accessing pornographic content on their platforms is the least 
        restrictive means for Congress to achieve its compelling 
        government interest.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Child pornography; minor.--The terms ``child 
        pornography'' and ``minor'' have the meanings given those terms 
        in section 2256 of title 18, United States Code.
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (3) Covered platform.--The term ``covered platform''--
                    (A) means an entity--
                            (i) that is an interactive computer 
                        service;
                            (ii) that--
                                    (I) is engaged in interstate or 
                                foreign commerce; or
                                    (II) purposefully avails itself of 
                                the United States market or a portion 
                                thereof; and
                            (iii) for which it is in the regular course 
                        of the trade or business of the entity to 
                        create, host, or make available content that 
                        meets the definition of harmful to minors under 
                        paragraph (4) and that is provided by the 
                        entity, a user, or other information content 
                        provider, with the objective of earning a 
                        profit; and
                    (B) includes an entity described in subparagraph 
                (A) regardless of whether--
                            (i) the entity earns a profit on the 
                        activities described in subparagraph (A)(iii); 
                        or
                            (ii) creating, hosting, or making available 
                        content that meets the definition of harmful to 
                        minors under paragraph (4) is the sole source 
                        of income or principal business of the entity.
            (4) Harmful to minors.--The term ``harmful to minors'', 
        with respect to a picture, image, graphic image file, film, 
        videotape, or other visual depiction, means that the picture, 
        image, graphic image file, film, videotape, or other 
        depiction--
                    (A)(i) taken as a whole and with respect to minors, 
                appeals to the prurient interest in nudity, sex, or 
                excretion;
                    (ii) depicts, describes, or represents, in a 
                patently offensive way with respect to what is suitable 
                for minors, an actual or simulated sexual act or sexual 
                contact, actual or simulated normal or perverted sexual 
                acts, or lewd exhibition of the genitals; and
                    (iii) taken as a whole, lacks serious, literary, 
                artistic, political, or scientific value as to minors;
                    (B) is obscene; or
                    (C) is child pornography.
            (5) Information content provider; interactive computer 
        service.--The terms ``information content provider'' and 
        ``interactive computer service'' have the meanings given those 
        terms in section 230(f) of the Communications Act of 1934 (47 
        U.S.C. 230(f)).
            (6) Sexual act; sexual contact.--The terms ``sexual act'' 
        and ``sexual contact'' have the meanings given those terms in 
        section 2246 of title 18, United States Code.
            (7) Technology verification measure.--The term ``technology 
        verification measure'' means technology that--
                    (A) employs a system or process to determine 
                whether it is more likely than not that a user of a 
                covered platform is a minor; and
                    (B) prevents access by minors to any content on a 
                covered platform.

SEC. 4. TECHNOLOGY VERIFICATION MEASURES.

    (a) Rule Making.--The Commission shall--
            (1) not later than 30 days after the date of enactment of 
        this Act, issue a notice of proposed rule making to require 
        covered platforms to adopt and operate technology verification 
        measures on the platform to ensure that--
                    (A) users of the covered platform are not minors; 
                and
                    (B) minors are prevented from accessing any content 
                on the covered platform that is harmful to minors; and
            (2) not later than 1 year after issuing the notice of 
        proposed rule making under paragraph (1), issue the final rule.
    (b) Requirements.--The rule described in subsection (a) shall--
            (1) set the applicable verification standards and metrics 
        to which a covered platform using a technology verification 
        measure is required to adhere when determining whether it is 
        more likely than not that a user of the covered platform is not 
        a minor;
            (2) require covered platforms to--
                    (A) adopt technology verification measures that 
                adhere to the standards and metrics set by the 
                Commission under paragraph (1); and
                    (B) make publicly available the verification 
                process that the covered platform is employing to 
                comply with the requirements under this Act;
            (3) provide that requiring a user to confirm that the user 
        is not a minor shall not be sufficient to satisfy the 
        requirements under subparagraphs (A) and (B) of subsection 
        (a)(1);
            (4) subject the Internet Protocol (IP) addresses of all 
        users, including known virtual proxy network IP addresses, of a 
        covered platform to the requirements described in subparagraphs 
        (A) and (B) of subsection (a)(1) unless the covered platform 
        (or third-party described in paragraph (6)), according to 
        standards set by the Commission, determines based on available 
        technology a user is not located within the United States;
            (5) permit covered platforms to choose the technology 
        verification measure that ensures the verification of users in 
        accordance with the standards and metrics set by the Commission 
        under paragraph (1), provided that the technology verification 
        measure employed by the covered platform prohibits a minor from 
        accessing the platform or any information on the platform that 
        is obscene, child pornography, or harmful to minors;
            (6) permit covered platforms to contract with a third-party 
        to employ a technology verification measures, and provide that 
        use of such a third-party shall not relieve the covered 
        platform of the requirements under subparagraphs (A) and (B) of 
        subsection (a)(1) or the enforcement actions described in 
        section 6;
            (7) require the Commission to establish a process for each 
        covered platform to submit only such documents or other 
        materials as are necessary for the Commission to ensure full 
        compliance with the requirements of the rule; and
            (8) require the Commission to--
                    (A) conduct regular audits of covered platforms to 
                ensure compliance with the requirements under this 
                subsection; and
                    (B) make public the terms and processes for the 
                audits conducted under subparagraph (A), including the 
                processes for any third-party conducting an audit on 
                behalf of the Commission.
    (c) Compliance.--
            (1) Deadline.--Not later than 180 days after the date on 
        which the final rule is issued under subsection (a)(2), each 
        covered platform shall comply with the requirements under the 
        final rule.
            (2) Appropriate documents, materials, and measures.--The 
        Commission shall prescribe the appropriate documents, 
        materials, or other measures required to ensure full compliance 
        with the requirements of the final rule issued under subsection 
        (a)(2).
    (d) Contracting With Third Parties.--The Commission may create a 
process to contract with independent third-party auditors to conduct 
regular audits on behalf of the Commission under subsection (b)(8).
    (e) Rule of Construction.--Nothing in this section shall be 
construed to require a covered platform to submit any information that 
identifies, is linked to, or is reasonably linkable to a user of the 
covered platform or a device that is linked or reasonable linkable to a 
user of the covered platform.

SEC. 5. CONSULTATION REQUIREMENTS.

    In issuing the rule required under section 4, the Commission shall 
consult with the following individuals, including with respect to the 
applicable standards and metrics for making a determination on whether 
it is more likely than not that a user of a covered platform is not a 
minor:
            (1) Individuals with experience in computer science and 
        software engineering.
            (2) Individuals with experience in--
                    (A) advocating for online child safety; or
                    (B) providing services to minors who have been 
                victimized by online child exploitation.
            (3) Individuals with experience in consumer protection and 
        online privacy.
            (4) Individuals who supply technology verification measure 
        products or have expertise in technology verification measure 
        solutions.
            (5) Individuals with experience in data security and 
        cryptography.

SEC. 6. CIVIL PENALTY FOR VIOLATIONS.

    (a) Notification.--If the Commission has a sound basis to conclude 
that a covered platform has violated the final rule issued under 
section 4, the Commission shall notify the covered platform with a 
brief description of the specific violation with recommended measures 
to correct the violation.
    (b) Penalty.--
            (1) In general.--A covered platform that has not provided 
        evidence of compliance or corrected a violation that has been 
        noticed by the Commission under subsection (a) within 72 hours 
        of the receipt of such notice shall be subject to a civil 
        penalty in an amount that is not more than $25,000 per 
        violation.
            (2) Separate violations.--For the purposes of paragraph 
        (1), each day of violation of the final rule issued under 
        section 4 shall constitute a separate violation.
            (3) Appeal.--A covered platform may appeal any civil 
        penalty issued by the Commission under this subsection in an 
        appropriate district court of the United States.
            (4) Use of amounts.--Any amounts collected under this 
        subsection shall be used by the Commission to carry out 
        enforcement of the final rule issued under section 4.
    (c) Enforcement.--The Commission may--
            (1) file a claim in an appropriate district court of the 
        United States to enforce this section;
            (2) seek a temporary or permanent injunction from an 
        appropriate district court of the United States on such terms 
        as the court deems reasonable to prevent or restrain a 
        violation of the final rule issued under section 4;
            (3) after 30 days of non-compliance with section 4 and a 
        demonstration of a lack of good faith on the part of the 
        covered platform to comply with section 4, seek a permanent or 
        temporary injunction to restrict the operation of the covered 
        platform within the United States; and
            (4) after 30 days of non-compliance with section 4 and a 
        demonstration of a lack of good faith on the part of the 
        covered platform to comply with section 4, seek an order to 
        allow the Commission to prohibit a covered platform from 
        engaging in any online economic transactions within the United 
        States.
    (d) Duration.--The terms of an injunction or an order issued under 
paragraph (2), (3), or (4) of subsection (c) with respect to a covered 
platform shall only be valid until such time as the covered platform 
demonstrates to the Commission full compliance with the requirements of 
the final rule issued under section 4.

SEC. 7. GAO REPORT.

    Not later than 2 years after the date on which covered platforms 
are required to comply with the final rule issued under section 
4(a)(2), the Comptroller General of the United States shall submit to 
Congress a report that includes--
            (1) an analysis of the effectiveness of the technology 
        verification measures required under the final rule;
            (2) recommendations to the Commission for improvements to 
        the final rule; and
            (3) recommendations to Congress on future legislative 
        improvements.

SEC. 8. SEVERABILITY CLAUSE.

    If any provision of this Act, or the application of such a 
provision to any person or circumstance, is held to be 
unconstitutional, the remaining provisions of this Act, and the 
application of such provisions to any other person or circumstance, 
shall not be affected thereby.
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