[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States Code, to require agencies to include a list of outdated or 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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