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:

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

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.