[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5129 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5129
To prevent the distribution of intimate visual depictions without
consent.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 23, 2026
Mr. Lee introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
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.
This Act may be cited as the ``Preventing Rampant Online
Technological Exploitation and Criminal Trafficking Act of 2026'' or
the ``PROTECT Act of 2026''.
SEC. 2. REGULATING THE UPLOADING OF PORNOGRAPHIC IMAGES TO ONLINE
PLATFORMS.
(a) Amendment to Title 18, United States Code.--
(1) In general.--Chapter 110 of title 18, United States
Code, is amended by inserting after section 2257A the
following:
``Sec. 2257B. Uploading pornographic images to online platforms
``(a) Definitions.--In this section:
``(1) Consent.--The term `consent' has the meaning given
the term in section 223(h) of the Communications Act of 1934
(47 U.S.C. 223(h)).
``(2) Covered platform.--
``(A) In general.--The term `covered platform'
means a website, online service, online application, or
mobile application--
``(i) that serves the public; and
``(ii)(I) that primarily provides a forum
for user-generated content, including messages,
videos, images, games, and audio files; or
``(II) for which it is in the regular
course of trade or business of the website,
online service, online application, or mobile
application to publish, curate, host, or make
available intimate visual depictions.
``(B) Exclusions.--The term `covered platform' does
not include--
``(i) broadband internet access service, as
described in section 8.1(b) of title 47, Code
of Federal Regulations, or any successor
regulation;
``(ii) electronic mail; or
``(iii) except as provided in subparagraph
(A)(ii)(II), a website, online service, or
application--
``(I) that consists primarily of
content that is not user-generated and
is preselected by the provider of the
website, online service, or
application; and
``(II) for which any chat, comment,
or interactive functionality is
incidental to, directly related to, or
dependent on the provision of the
content described in subclause (I).
``(3) 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.
``(4) Pornographic image.--The term `pornographic image'
means--
``(A) any visual depiction of actual or feigned
sexually explicit conduct; or
``(B) any intimate visual depiction.
``(5) User.--
``(A) In general.--The term `user' 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)).
``(B) Clarification.--For purposes of subparagraph
(A), the term `information' within the definition of
the term `information content provider' in section
230(f) of the Communications Act of 1934 (47 U.S.C.
230(f)) shall be construed to include pornographic
images.
``(b) Verification Obligations of Covered Platform Providers.--
``(1) Verification of users.--
``(A) In general.--A provider of a covered platform
may not upload or allow a user to upload a pornographic
image to the covered platform unless the provider has
verified, in accordance with subparagraph (B)--
``(i) the identity of the user; and
``(ii) that the user is not less than 18
years old.
``(B) Means of compliance.--In carrying out
subparagraph (A), a provider of a covered platform
shall verify the identity and age of a user by--
``(i) requiring use of an adult access code
or adult personal identification number;
``(ii) accepting a digital certificate that
verifies age; or
``(iii) using any other reasonable measure
of age verification that the Attorney General
has determined to be feasible with available
technology.
``(C) 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
subparagraph (A).
``(2) Verification of participants.--
``(A) In general.--A provider of a covered platform
may not upload or allow a user to upload a pornographic
image to the covered platform unless the provider has
verified, in accordance with subparagraph (B), that
each individual appearing in the pornographic image--
``(i) was not less than 18 years of age
when the pornographic image was created;
``(ii) has provided explicit written
evidence of consent for each sex act in which
the individual engaged during the creation of
the pornographic image; and
``(iii) has provided explicit written
consent for the distribution of the specific
pornographic image.
``(B) Separate consent for sex act and for
distribution of image.--
``(i) Consent for sex act.--Consent
described in clause (ii) of subparagraph (A)
does not imply or constitute evidence of
consent described in clause (iii) of that
subparagraph.
``(ii) Consent for distribution of image.--
Consent described in clause (iii) of
subparagraph (A) does not imply or constitute
evidence of consent described in clause (ii) of
that subparagraph.
``(C) Means of compliance.--In carrying out
subparagraph (A), a provider of a covered platform
shall obtain, either from the user seeking to upload
the pornographic image or through other means--
``(i) a consent form created or approved by
the Attorney General under subparagraph (D)
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 pornographic image; and
``(VII) a statement that explains
coerced consent and that the individual
has the right to withdraw the
individual's consent at any time; and
``(ii) not less than 1 form of valid
identification for each individual appearing in
the pornographic image--
``(I) that--
``(aa) was issued by an
agency of the Federal
Government or of a State,
local, or foreign government;
and
``(bb) contains the name,
date of birth, signature, and
photograph of the individual;
and
``(II) on which the name, date of
birth, and signature of the individual
match the name, date of birth, and
signature of the individual on the
consent form required under clause (i).
``(D) Creation and approval of consent forms by
attorney general.--
``(i) Attorney general consent form.--
``(I) In general.--Not later than
60 days after the date of enactment of
the Preventing Rampant Online
Technological Exploitation and Criminal
Trafficking Act of 2026, the Attorney
General shall create and make available
to the public a consent form for
purposes of subparagraph (C)(i).
``(II) Availability.--On and after
the date that is 90 days after the date
of enactment of the Preventing Rampant
Online Technological Exploitation and
Criminal Trafficking Act of 2026, a
provider of a covered platform shall
make the consent form created under
subclause (I) available to users in
both written and electronic format.
``(ii) Approval of alternative consent
forms.--For purposes of subparagraph (C)(i), a
user may submit to a covered platform an
alternative consent form created by a user or
the provider of the covered platform if the
alternative consent form has been approved by
the Attorney General.
``(3) Effective date; applicability.--This subsection
shall--
``(A) take effect on the date that is 90 days after
the date of enactment of the Preventing Rampant Online
Technological Exploitation and Criminal Trafficking Act
of 2026; and
``(B) apply to any pornographic image uploaded to a
covered platform before, on, or after that effective
date.
``(4) Rules of construction.--
``(A) Obligations and criminal liability under
other laws.--Nothing in this subsection shall be
construed to--
``(i) affect any obligation of a provider
of a covered platform under any other provision
of Federal or State law; or
``(ii) impact or otherwise limit the
criminal liability of a user or other
individual under a Federal or State obscenity
law.
``(B) First amendment-protected speech.--Nothing in
this subsection shall be construed to prohibit or
impose a prior restraint on speech that is protected by
the First Amendment to the Constitution of the United
States.
``(c) Obligations of Users.--
``(1) Consent requirement.--A user of a covered platform
may not upload a pornographic image of an individual to the
covered platform without the consent of the individual.
``(2) Determination of consent.--For purposes of paragraph
(1), whether an individual has provided consent to the
uploading of an image shall be determined in accordance with
this section and applicable State law.
``(d) Civil Enforcement.--
``(1) Verification obligations of providers of covered
platforms.--
``(A) Civil penalty for failure to verify users.--
``(i) In general.--The Attorney General may
impose a civil penalty on any provider of a
covered platform that violates subsection
(b)(1) in an amount of not more than $10,000
for each day during which a pornographic image
remains on the covered platform in violation of
that subsection, beginning 24 hours after the
Attorney General provides notice of the
violation to the provider.
``(ii) Per-day and per-image basis.--A
civil penalty under clause (i) shall accrue on
a per-day and per-image basis.
``(iii) Use of proceeds.--Notwithstanding
section 3302 of title 31, the Attorney General
may use the proceeds from a civil penalty
collected under clause (i) of this subparagraph
to carry out enforcement under this
subparagraph.
``(B) Civil liability for failure to verify
participants.--If a provider of a covered platform
violates subsection (b)(2) with respect to a
pornographic image, any person aggrieved by the
violation may bring a civil action against the provider
in an appropriate district court of the United States
for damages in an amount equal to the greater of--
``(i) $10,000 for each day during which a
pornographic image remains on the covered
platform in violation of that subsection,
calculated on a per-day and per-image basis; or
``(ii) actual damages.
``(2) Civil liability for violation of user obligations.--
If a user of a covered platform violates subsection (c) with
respect to a pornographic image, any person aggrieved by the
violation may bring a civil action against the user in an
appropriate district court of the United States for damages in
an amount equal to the greater of--
``(A) $10,000 for each day during which the
pornographic image remains on the covered platform in
violation of that subsection, calculated on a per-day
and per-image basis; or
``(B) actual damages.
``(3) Relation to communications decency act.--Nothing in
this subsection shall be construed to affect section 230 of the
Communications Act of 1934 (47 U.S.C. 230).
``(e) Criminal Penalties.--
``(1) Initial violation.--Any person who violates this
section shall be imprisoned for not more than 5 years, fined in
accordance with this title, or both.
``(2) Subsequent violations.--Any person who violates this
section after having been convicted of a violation punishable
under this section shall be imprisoned for not less than 2
years and not more than 10 years, fined in accordance with this
title, or both.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 110 of title 18, United States Code, is
amended by inserting after the item relating to section 2257A
the following:
``2257B. Uploading pornographic images to online platforms.''.
(b) Blocking Reuploads.--Section 3(a)(3)(B) of the TAKE IT DOWN Act
(47 U.S.C. 223a(a)(3)(B)) is amended by striking ``and remove'' and
inserting ``, remove, and prevent the reupload of''.
SEC. 3. SEVERABILITY.
If any provision of this Act or 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 the
provision or amendment to any other person or circumstance, shall not
be affected thereby.
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