[Congressional Record Volume 163, Number 89 (Tuesday, May 23, 2017)]
[House]
[Pages H4477-H4480]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROTECTING THE RIGHTS OF INDIVIDUALS AGAINST TECHNOLOGICAL EXPLOITATION
ACT
Ms. McSALLY. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2052) to amend the Uniform Code of Military Justice to
prohibit the wrongful broadcast or distribution of intimate visual
images.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2052
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 ``Protecting the Rights of
IndiViduals Against Technological Exploitation Act'' or the
``PRIVATE Act''.
SEC. 2. PROHIBITION ON WRONGFUL BROADCAST OR DISTRIBUTION OF
INTIMATE VISUAL IMAGES.
(a) Prohibition.--Subchapter X of chapter 47 of title 10,
United States Code, is amended by inserting after section 917
(article 117 of the Uniform Code of Military Justice) the
following new section (article):
``Sec. 917a. Art. 117a. Wrongful broadcast or distribution of
intimate visual images
``(a) Prohibition.--Any person subject to this chapter
who--
``(1) knowingly and wrongfully broadcasts or distributes an
intimate visual image of a private area of another person
who--
``(A) is at least 18 years of age at the time the intimate
visual image was created;
``(B) is identifiable from the image itself or from
information displayed in connection with the image; and
[[Page H4478]]
``(C) does not explicitly consent to the broadcast or
distribution of the intimate visual image;
``(2) knows or reasonably should have known that the
intimate visual image was made under circumstances in which
the person depicted in the intimate visual image retained a
reasonable expectation of privacy regarding any broadcast or
distribution of the intimate visual image; and
``(3) knows or reasonably should have known that the
broadcast or distribution of the intimate visual image is
likely--
``(A) to cause harm, harassment, intimidation, emotional
distress, or financial loss for the person depicted in the
intimate visual image; or
``(B) to harm substantially the depicted person with
respect to that person's health, safety, business, calling,
career, financial condition, reputation, or personal
relationships,
is guilty of wrongful distribution of intimate visual images
and shall by punished as a court-martial may direct.
``(b) Definitions.--In this section (article):
``(1) Broadcast.--The term `broadcast' means to
electronically transmit a visual image with the intent that
it be viewed by a person or persons.
``(2) Distribute.--The term `distribute' means to deliver
to the actual or constructive possession of another person,
including transmission by mail or electronic means.
``(3) Intimate visual image.--The term `intimate visual
image' means a photograph, video, film, or recording made by
any means that depicts a private area of a person.
``(4) Private area.--The term `private area' means the
naked or underwear-clad genitalia, anus, buttocks, or female
areola or nipple.
``(5) Reasonable expectation of privacy.--The term
`reasonable expectation of privacy' refers to circumstances
in which a reasonable person would believe that an intimate
visual image of a private area of the person would not be
broadcast or distributed to another person.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter X of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is
amended by inserting after the item relating to section 917
(article 117) the following new item:
``917a. 117a. Wrongful broadcast or distribution of intimate visual
images.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Arizona (Ms. McSally) and the gentlewoman from California (Ms. Speier)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Arizona.
General Leave
Ms. McSALLY. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and insert extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Arizona?
There was no objection.
Ms. McSALLY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 2052, the Protecting the
Rights of Individuals Against Technological Exploitation Act, or the
PRIVATE Act. This act would amend the Uniform Code of Military Justice
to prohibit the wrongful broadcast or distribution of intimate visual
imagines.
Recent revelations that nude photographs of servicemembers were
nonconsensually posted to social media websites like Marines United is
abhorrent. This repugnant behavior is unacceptable, and we must work to
prevent this deplorable behavior from occurring again.
The Neanderthals who committed these acts are not emblematic of the
vast majority of decent and honorable servicemembers who serve our
Nation. However, the notion that any servicemember would think it is
acceptable to upload, view, or comment on nude photos of their fellow
servicemembers is a serious problem that must be fixed.
This bill will help hold perpetrators of these types of crimes
accountable. It will strengthen the Uniform Code of Military Justice by
establishing an enumerated, punitive article that clearly prohibits the
wrongful, nonconsensual sharing of intimate visual images, even when
those images were initially given with consent.
While the Uniform Code of Military Justice currently contains two
general articles under which these crimes can already be prosecuted,
this new provision will give commanders an additional specific tool and
send a clear message to servicemembers that this behavior is
unacceptable and is, in fact, a crime.
The PRIVATE Act is designed to protect our servicemen and -women and
is supported by 26 different military and veterans organizations.
While there are many divisive issues facing Congress today, as a
retired colonel and 26-year combat veteran of the Air Force, I am
heartened that this bill enjoys such significant bipartisan support.
I wish to thank my colleagues on both sides of the aisle, including
Ms. Speier for her leadership, for her cosponsorship, and for her
devotion to our servicemembers.
Mr. Speaker, I reserve the balance of my time.
Ms. SPEIER. Mr. Speaker, I yield myself such time as I may consume.
Four years ago, I stood on the House floor and condemned the online
bullying of U.S. Marine Corps servicewomen on Facebook. These web pages
contained obscene and abusive pictures, and implied that women only
advanced professionally by performing sexual favors.
I sent a letter to the Secretary of Defense and the Commandant of the
Marine Corps asking them to take action. I got a letter back from the
Commandant which said, ``I share your indignation.'' I didn't want him
to share my indignation. I wanted him to do something about it. Neither
he nor the Department of Defense inspector general did anything.
Lack of consequences caused this cultural rot to spread further. The
Marines United page, through which hundreds of Active-Duty and veteran
marines viewed thousands of nonconsensually distributed intimate
imagines, damaged the lives and the careers of more servicemembers than
I can imagine. In fact, many of these servicemembers were identified by
name and the bases at which they served.
Despite reports of this vile site, new versions continue to crop up
and spread more destruction, unchecked by military leadership. Until
now, the leadership failures that allowed this to go on for 4 years
also extended to Congress. We did nothing except hold a subcommittee
hearing on--wait, let me indicate what it was on--social media policy,
without a single survivor brought to testify.
This is not about social media policy. This is about abhorrent
behavior by servicemembers against other servicemembers.
Two months ago, a bipartisan group of Members held a hearing on this
very issue, and we had victims who testified. One of those members, who
was Active Duty, said that her Marine Corps drill instructor said to
her and the other women during their training, ``The only women that
serve in the marines are sluts, lesbians . . . '' or a word that starts
with a B that I won't mention on the House floor.
How destructive can that be?
Today, that ends. My colleagues on both sides of the aisle are taking
a stand. Today, I am honored and proud to support H.R. 2052 with my
colleague, Ms. McSally.
This bill will ensure that nonconsensual pornography is made illegal
by explicitly forbidding the sharing of intimate images without the
consent of the subject.
Right now, the reprehensible acts of nonconsensually distributed and
consensually obtained photographs is not clearly defined as illegal
under the Uniform Code of Military Justice. That is why this bill is a
critical step in ensuring that our female servicemembers aren't
distracted from protecting the country by having to also protect
themselves against online abusers and colleagues within the services.
But let me be clear. Our work is not done. If the chain of command
continues to see nonconsensual pornography as a ``boys will be boys''
joke instead of sexual violence, nothing will change. Such conduct must
result in severe and immediate consequences for the perpetrators. The
PRIVATE Act must pass, and it must be enforced.
I also want to note that the passage of the PRIVATE Act does not
apply to the civilian people in our country. Although 34 States have
passed laws to address nonconsensual pornography, their approaches vary
widely, and some are very flawed. That is why a Federal law is needed
to provide a single, clear articulation of the elements of this crime
to ensure that Americans in every part of the country--civilian and
military--are protected if they are subjected to this heinous abuse.
[[Page H4479]]
Mr. Speaker, I urge my colleagues to support H.R. 2052. We have come
a long way in 4 years since I found those vile Facebook pages. Four
years from now, I hope I am standing here commending us all for
stamping out the scourge of nonconsensual pornography.
Mr. Speaker, I reserve the balance of my time.
{time} 1615
Ms. McSALLY. Mr. Speaker, I reserve the balance of my time.
Ms. SPEIER. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Guam (Ms. Bordallo).
Ms. BORDALLO. Mr. Speaker, today I rise to urge my colleagues to
support H.R. 2052, the Protecting the Rights of IndiViduals Against
Technological Exploitation Act, also known as the PRIVATE Act. This act
will amend the Uniform Code of Military Justice to prohibit the
wrongful broadcast or distribution of intimate visual images.
As technology evolves, so, too, must our judicial systems; and it is
clear, especially after the Marines United scandal, that there is a gap
in the UCMJ. This bill addresses that gap and gives commanders the
tools they need to address this horrific crime of posting or sharing
intimate images that were previously privately shared.
The bill clearly states that distributing or broadcasting intimate
visual images without consent would result in punishment. This change
in the UCMJ will send a strong message to any bad actors in our
military and remind them that honor, trust, and respect are paramount
whether you are deployed or back home. Servicemembers will know that
sharing, broadcasting, or posting intimate images are illegal and will
be punished under the UCMJ.
I thank the gentlewoman from Arizona, Representative McSally, for
introducing this important legislation and diligently working it
through the legislative process. I am also pleased to see such
bipartisan support. Although the circumstances that led this bill to be
written are appalling, it is heartening to see so many colleagues
coming together today to make the necessary changes.
Mr. Speaker, I urge my colleagues to support H.R. 2052. This
amendment to the UCMJ is very necessary and very timely.
Ms. McSALLY. Mr. Speaker, I continue to reserve the balance of my
time.
Ms. SPEIER. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Massachusetts (Ms. Tsongas).
Ms. TSONGAS. Mr. Speaker, earlier this year, many of us heard of the
Marines United Facebook page for the first time. On this page, women
marines found that their intimate photos were posted without their
knowledge and without their consent. Some had no idea these photos had
ever been taken.
Beneath the photos, marine members of the Facebook group wrote
obscene and abusive comments about their comrades. This betrayal of
marines by marines disgracefully disrespects fellow members, sows the
seeds of distrust, and undermines the unit cohesion so essential to
military readiness, putting our national security at risk.
Today we bring a bill to the floor to make sure military members who
have broadcasted or distributed certain private images are held
accountable. H.R. 2052 creates a separate article under the Uniform
Code of Military Justice that specifically criminalizes the wrongful
sharing of intimate photos without explicit consent to do so.
H.R. 2052 sends a clear message to all servicemembers and to our
military leadership that this kind of abusive behavior will not and
must not be tolerated. Members from both sides of the aisle have come
together, and I thank Representatives McSally and Speier for their
leadership in support of this commonsense legislation, and I encourage
all of my colleagues to vote for it.
Ms. McSALLY. Mr. Speaker, I continue to reserve the balance of my
time.
Ms. SPEIER. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Florida (Ms. Frankel), my good friend and colleague, and the co-chair
of the bipartisan Women's Caucus.
Ms. FRANKEL of Florida. Mr. Speaker, I thank my great colleague from
California and I thank my colleagues on both sides of the aisle for
their leadership on a subject of urgency.
Mr. Speaker, in the strongest terms possible, I urge support of this
bipartisan legislation called the PRIVATE Act that makes it illegal for
military members to share explicit photos without consent.
Our Democratic Working Women's Group recently held a bipartisan
hearing regarding the Marine United Facebook page where male marines
posted thousands of nude photos of female servicemembers and veterans
without their consent.
At this hearing, we heard the testimony of two courageous female
marines whose privacy was violated with the nonconsensual posting of
intimate photographs. They described their embarrassment, their anger,
and the vitriolic harassment by their marine brothers that followed,
with threats of rape and violence, and stomach-sickening posts like:
``We should throw female Marines into a tub of acid and rip off their
eyelashes.''
Mr. Speaker, I am the proud mother of a United States Marine veteran,
so I can tell you, I understand firsthand the selfless sacrifice a
marine makes when he or she puts on their uniform.
So I say to those warriors whose honor was violated: We stand with
you today to declare that you were targets of behavior that we will not
tolerate; and we will seek to punish those who offended and prevent
similar conduct in the future because that conduct is not only
degrading to brave patriots, it threatens the safety and security of
our Nation.
Ms. McSALLY. Mr. Speaker, I continue to reserve the balance of my
time.
Ms. SPEIER. Mr. Speaker, I yield 2 minutes to the gentlewoman from
New Hampshire (Ms. Kuster), the chair of the Bipartisan Task Force to
End Sexual Violence.
Ms. KUSTER of New Hampshire. Mr. Speaker, I thank Representative
McSally and Representative Jackie Speier for bringing us to the floor
today.
I speak on behalf of H.R. 2052, the PRIVATE Act. I was deeply
disturbed by the Marine United photo-sharing scandal, as were many of
my colleagues, both men and women, Republican and Democrat.
Our Armed Forces are the greatest fighting forces the world has ever
seen. It is unacceptable that members of the Marines sought out
intimate photographs of their fellow soldiers and distributed them
purposely online. Not only were the actions by the participants in the
Marines United scandal morally repugnant, but they jeopardized our
national security and endangered the security of both male and female
marines. Women in the Armed Forces put their lives on the line every
single day to defend our country, and they should not have their safety
risked by their fellow marines.
I am proud to support H.R. 2052, the PRIVATE Act, which will update
the Uniform Code of Military Justice to ensure that the type of
explicit image sharing we saw in the Marines United scandal is
expressly prohibited.
As the cofounder, with my colleague, Jackie Speier, of the Bipartisan
Task Force to End Sexual Violence, I understand the persistent
challenges that the culture of sexual violence poses on our society.
The conversation around sexual violence is beginning to change,
thanks in no small part to Members of this Congress on both sides of
the aisle. This legislation will support broader cultural reform and
improve the lives of our brave servicemembers.
This is an issue that transcends politics, and I am encouraged by the
bipartisan support for the PRIVATE Act. I urge my colleagues to support
the bill.
Ms. McSALLY. Mr. Speaker, I continue to reserve the balance of my
time.
Ms. SPEIER. Mr. Speaker, I yield 2 minutes to my colleague from
California (Mrs. Davis), the ranking member on the Democratic side of
the Armed Services Committee.
Mrs. DAVIS of California. Mr. Speaker, I thank my colleague for
bringing this forward.
The Marines United website was a disgusting breach of trust, and I
immediately called for the perpetrators to be prosecuted. I appreciate
General Neller coming to Congress earlier this year, taking ownership
of the problem, immediately establishing a task force, and conducting
multimedia and personal engagements across the Marine Corps.
[[Page H4480]]
He said he would deal with this immediately and decisively, and we
demand nothing less. I take him at his word, and he was clear in asking
to be held accountable.
While the Navy and Marine Corps have updated policies regarding
social media and established no-tolerance policies for nonconsensual
pornography, these still need to apply across all the services and must
be codified into law. For this reason, I support the PRIVATE Act, and I
hope that we continue to work together with my colleagues to ensure
that this bill becomes law.
Mr. Speaker, as the scandal unfolded, it became clear to me that,
even from initial recruitment, servicemembers must be held to the
highest ethical standard online, and prevented from joining the
military should their behavior fail to meet that standard.
Our children live their lives online, and the laws need to be updated
to reflect that. The issue of nonconsensual pornography, unfortunately,
is prevalent across our society. It has no place anywhere, but
especially not in our military ranks.
Ms. McSALLY. Mr. Speaker, I have no further speakers. If the
gentlewoman from California has no further speakers, I am prepared to
close once the gentlewoman does.
Mr. Speaker, I reserve the balance of my time.
Ms. SPEIER. Mr. Speaker, I am prepared to close, and, in so doing, I
also want to make the point that our commitment to making sure that our
armed services have the cohesion and readiness to serve requires us to
take action on this bill.
Mr. Speaker, I yield back the balance of my time.
Ms. McSALLY. Mr. Speaker, I yield myself such time as I may consume.
As a 26-year combat veteran, I am deeply disturbed, but not surprised
by the scandal.
As a former commander, I know that you need to give commanders all
the tools they need to hold perpetrators accountable. This is not just
about good order and discipline. This is about the military mission.
This bill gives commanders an additional tool in order to address this
culture and to hold people accountable for their abhorrent behavior.
I want to say that I appreciate the strong support across the aisle
and our side of the aisle. This is strong, bipartisan support. I would
urge all of my colleagues to support the PRIVATE Act.
Ms. JACKSON LEE. Will the gentlewoman yield?
Ms. McSALLY. I yield to the gentlewoman from Texas.
Ms. JACKSON LEE. I want to add my support for this legislation, and I
thank the gentlewoman from California and the gentlewoman from Arizona
for their longstanding service.
We have been dealing with bills dealing with sexual assault in the
Judiciary Committee. Having listened to the young female soldiers who
were impacted by Marines United, I know that this legislation that
gives the military leadership additional tools to ensure that the
depiction of women and others in the United States military, against
their will, on social media, will not be tolerated and will not be
viewed as an honorable act under the U.S. Military Code. Giving these
tools will show that you will be punished and that men and women will
be respected in the United States military. I ask colleagues to support
this legislation.
Ms. McSALLY. Mr. Speaker, I thank Chairman Thornberry for his
leadership on this issue.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Arizona (Ms. McSally) that the House suspend the rules
and pass the bill, H.R. 2052.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Ms. SPEIER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________