[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 138 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
S. RES. 138

 Urging the European Parliament to exempt certain technologies used to 
     detect child sexual exploitation from European Union ePrivacy 
                               directive.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 2021

Mr. Cotton (for himself, Mr. Boozman, and Ms. Murkowski) submitted the 
 following resolution; which was referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                               RESOLUTION


 
 Urging the European Parliament to exempt certain technologies used to 
     detect child sexual exploitation from European Union ePrivacy 
                               directive.

Whereas ensuring the safety of children online is a global issue that nations 
        must address together;
Whereas the online trafficking of child sexual abuse material (referred to in 
        this preamble as ``CSAM'') and online enticement of children (also known 
        as ``grooming'') are pervasive problems that are growing at dramatic 
        rates;
Whereas crucial tools in detecting CSAM and grooming online and protecting 
        children using online platforms from child predators are hashing, 
        PhotoDNA, and anti-grooming technologies that are voluntarily used by 
        electronic service providers (referred to in this preamble as ``ESPs'') 
        to detect, report, and remove CSAM;
Whereas the use of hashing, PhotoDNA, and anti-grooming technology by ESPs has 
        generated millions of reports annually to the CyberTipline of the 
        National Center for Missing & Exploited Children;
Whereas the CyberTipline is a global hotline for reports related to child sexual 
        exploitation that was authorized by Congress in 1998;
Whereas in 2019, more than 69,000,000 images, videos, and files related to child 
        sexual abuse were reported to the CyberTipline, with more than 3,000,000 
        of these images, videos, and files related to an offender or child 
        victim in the European Union (referred to in this preamble as the 
        ``EU'');
Whereas in a Communication to the European Parliament, dated July 24, 2020, the 
        European Commission noted, ``the EU has become the largest host of child 
        sexual abuse material globally (from more than half in 2016 to more than 
        two thirds in 2019)'';
Whereas in 2018, an EU Directive extended the scope of prohibitions on 
        processing personal data in the electronic communications sector to 
        cover interpersonal communications, such as messenger services and e-
        mail;
Whereas this EU Directive caused ESPs to lose the legal basis to use hashing, 
        PhotoDNA, and anti-grooming technologies to detect and report CSAM and 
        online enticement of children to the CyberTipline;
Whereas this EU Directive took effect on December 21, 2020, without any 
        derogation to exempt the voluntary practice of using these technologies 
        to detect and report distribution of CSAM and enticement of children for 
        sexual abuse;
Whereas the prohibition on the use of hashing, PhotoDNA, and anti-grooming 
        technologies will have dire consequences for children in Europe and 
        globally;
Whereas, since the EU Directive took effect, reports to the National Center for 
        Missing and Exploited Children's CyberTipline from the EU decreased by 
        51 percent during the 6-week period immediately following the 
        Directive's implementation compared to the same period in 2020;
Whereas it is unclear whether ESPs--

    (1) will be able to partition the use of hashing, PhotoDNA, and anti-
grooming technologies to carve out users in the EU; and

    (2) will decide to abandon the voluntary use of these technologies in 
the United States and globally;

Whereas since children in the United States can be harmed by online predators in 
        the EU through grooming, enticement, and the dissemination of CSAM 
        images among EU offenders, such material should be detected, reported, 
        and removed;
Whereas if the use of hashing, PhotoDNA, and anti-grooming technologies for 
        detecting CSAM and grooming is stopped, the exploitation of children 
        globally will largely go undetected and continue to proliferate; and
Whereas Congress agrees with the European Commission that ``immediate action 
        must be taken to address this issue'': Now, therefore, be it
    Resolved, That the Senate--
            (1) finds that hashing, PhotoDNA, and anti-grooming 
        technologies are essential in detecting child sexual abuse 
        material and exploitation online, including known and new CSAM, 
        and grooming of children globally; and
            (2) urges the European Parliament to enact legislation that 
        amends the EU Directive to allow electronic service providers 
        to continue their current voluntary activities of using 
        hashing, PhotoDNA, and anti-grooming technologies for the 
        purpose of detecting child sexual exploitation.
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