[Congressional Record Volume 170, Number 120 (Wednesday, July 24, 2024)]
[Senate]
[Pages S5394-S5396]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3079. Mr. THUNE (for Mr. Lee) submitted an amendment intended to
be proposed by Mr. Thune to the bill S. 2073, to amend title 31, United
States Code, to require agencies to include a list of outdated or
duplicative reporting requirements in annual budget justifications, and
for other purposes; which was ordered to lie on the table; as follows:
After title III, add the following:
TITLE IV--SCREEN ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Shielding Children's
Retinas from Egregious Exposure on the Net Act'' or the
``SCREEN Act''.
SEC. 402. 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
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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. 403. DEFINITIONS.
In this title:
(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
Trade 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.
(8) Technology verification measure data.--The term
``technology verification measure data'' means information
that--
(A) identifies, is linked to, or is reasonably linkable to
an individual or a device that identifies, is linked to, or
is reasonably linkable to an individual;
(B) is collected or processed for the purpose of fulfilling
a request by an individual to access any content on a covered
platform; and
(C) is collected and processed solely for the purpose of
utilizing a technology verification measure and meeting the
obligations imposed under this title.
SEC. 404. TECHNOLOGY VERIFICATION MEASURES.
(a) Covered Platform Requirements.--Beginning on the date
that is 1 year after the date of enactment of this Act, a
covered platform shall adopt and utilize technology
verification measures on the platform to ensure that--
(1) users of the covered platform are not minors; and
(2) minors are prevented from accessing any content on the
covered platform that is harmful to minors.
(b) Requirements for Age Verification Measures.--In order
to comply with the requirement of subsection (a), the
technology verification measures adopted and utilized by a
covered platform shall do the following:
(1) Use a technology verification measure in order to
verify a user's age.
(2) Provide that requiring a user to confirm that the user
is not a minor shall not be sufficient to satisfy the
requirement of subsection (a).
(3) Make publicly available the verification process that
the covered platform is employing to comply with the
requirements under this title.
(4) Subject the Internet Protocol (IP) addresses, including
known virtual proxy network IP addresses, of all users of a
covered platform to the technology verification measure
described in paragraph (1) unless the covered platform
determines based on available technology that a user is not
located within the United States.
(c) Choice of Verification Measures.--A covered platform
may choose the specific technology verification measures to
employ for purposes of complying with subsection (a),
provided that the technology verification measure employed by
the covered platform meets the requirements of subsection (b)
and prohibits a minor from accessing the platform or any
information on the platform that is obscene, child
pornography, or harmful to minors.
(d) Use of Third Parties.--A covered platform may contract
with a third party to employ technology verification measures
for purposes of complying with subsection (a) but the use of
such a third party shall not relieve the covered platform of
its obligations under this title or from liability under this
title.
(e) Rule of Construction.--Nothing in this section shall be
construed to require a covered platform to submit to the
Commission any information that identifies, is linked to, or
is reasonably linkable to a user of the covered platform or a
device that identifies, is linked to, or is reasonably
linkable to a user of the covered platform.
(f) Technology Verification Measure Data Security.--A
covered platform shall--
(1) establish, implement, and maintain reasonable data
security to--
(A) protect the confidentiality, integrity, and
accessibility of technology verification measure data
collected by the covered platform or a third party employed
by the covered platform; and
(B) protect such technology verification measure data
against unauthorized access; and
(2) retain the technology verification measure data for no
longer than is reasonably necessary to utilize a technology
verification measure or what is minimally necessary to
demonstrate compliance with the obligations under this title.
SEC. 405. CONSULTATION REQUIREMENTS.
In enforcing the requirements under section 404, the
Commission shall consult with the following individuals,
including with respect to the applicable standards and
metrics for making a determination on whether 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--
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(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. 406. COMMISSION REQUIREMENTS.
(a) In General.--The Commission shall--
(1) conduct regular audits of covered platforms to ensure
compliance with the requirements of section 404;
(2) make public the terms and processes for the audits
conducted under paragraph (1), including the processes for
any third party conducting an audit on behalf of the
Commission;
(3) 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 section 404 when conducting audits under this
section; and
(4) prescribe the appropriate documents, materials, or
other measures required to demonstrate full compliance with
the requirements of section 404.
(b) Guidance.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall issue guidance to
assist covered platforms in complying with the requirements
of section 404.
(2) Limitations on guidance.--No guidance issued by the
Commission with respect to this title shall confer any rights
on any person, State, or locality, nor shall operate to bind
the Commission or any person to the approach recommended in
such guidance. In any enforcement action brought pursuant to
this title, the Commission shall allege a specific violation
of a provision of this title. The Commission may not base an
enforcement action on, or execute a consent order based on,
practices that are alleged to be inconsistent with any such
guidelines, unless the practices allegedly violate a
provision of this title.
SEC. 407. ENFORCEMENT.
(a) Unfair or Deceptive Act or Practice.--A violation of
section 404 shall be treated as a violation of a rule
defining an unfair or deceptive act or practice under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(b) Powers of the Commission.--
(1) In general.--The Commission shall enforce section 404
in the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of
this title.
(2) Privileges and immunities.--Any person who violates
section 404 shall be subject to the penalties and entitled to
the privileges and immunities provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(3) Authority preserved.--Nothing in this title shall be
construed to limit the authority of the Commission under any
other provision of law.
SEC. 408. GAO REPORT.
Not later than 2 years after the date on which covered
platforms are required to comply with the requirement of
section 404(a), 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 such section;
(2) an analysis of rates of compliance with such section
among covered platforms;
(3) an analysis of the data security measures used by
covered platforms in the age verification process;
(4) an analysis of the behavioral, economic, psychological,
and societal effects of implementing technology verification
measures;
(5) recommendations to the Commission on improving
enforcement of section 404(a), if any; and
(6) recommendations to Congress on potential legislative
improvements to this title, if any.
SEC. 409. 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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