H.R. 3921

119 HR 3921 IH: Strengthening Transparency and Obligations to Protect Children Suffering from Abuse and Mistreatment Act of 2025
 U.S. House of Representatives
 2025-06-11
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  1st Session  H. R. 3921  IN THE HOUSE OF REPRESENTATIVES   June 11, 2025   Mr. Moore of Alabama  (for himself and  Ms. Garcia of Texas ) introduced the following bill; which was referred to the  Committee on the Judiciary    A BILL
To combat the sexual exploitation of children by supporting victims and promoting accountability and transparency by the tech industry.
1.
Short title
This Act may be cited as the   Strengthening Transparency and Obligations to Protect Children Suffering from Abuse and Mistreatment Act of 2025   or the   STOP CSAM Act of 2025  .
2.
Protecting child victims and witnesses in Federal court
(a)
In general
Section 3509 of title 18, United States Code, is amended—
(1)
in subsection (a)—
(A)
in paragraph (2)(A), by striking  or exploitation  and inserting  exploitation, or kidnapping, including international parental kidnapping ;
(B)
in paragraph (3), by striking  physical or mental injury  and inserting  physical injury, psychological abuse ;
(C)
by striking paragraphs (5), (6), and (7) and inserting the following:
(5)
the term  psychological abuse  includes—
(A)
a pattern of acts, threats of acts, or coercive tactics intended to degrade, humiliate, intimidate, or terrorize a child; and
(B)
the infliction of trauma on a child through—
(i)
isolation;
(ii)
the withholding of food or other necessities in order to control behavior;
(iii)
physical restraint; or
(iv)
the confinement of the child without the child's consent and in degrading conditions;
(6)
the term  exploitation  means—
(A)
child pornography;
(B)
child sex trafficking; or
(C)
an obscene visual depiction of a child;
(7)
the term  multidisciplinary child abuse team  means a professional unit of individuals working together to investigate child abuse and provide assistance and support to a victim of child abuse, composed of representatives from—
(A)
health, social service, and legal service agencies that represent the child;
(B)
law enforcement agencies and prosecutorial offices; and
(C)
children's advocacy centers;
 ;
(D)
in paragraph (9)(D)—
(i)
by striking  genitals  and inserting  anus, genitals, ; and
(ii)
by striking  or animal ;
(E)
in paragraph (11), by striking  and  at the end;
(F)
in paragraph (12)—
(i)
by striking  the term  child abuse  does not  and inserting  the terms  physical injury  and  psychological abuse  do not ; and
(ii)
by striking the period and inserting a semicolon; and
(G)
by adding at the end the following:
(13)
the term  covered person  means a person of any age who—
(A)
is or is alleged to be—
(i)
a victim of a crime of physical abuse, sexual abuse, exploitation, or kidnapping, including international parental kidnapping; or
(ii)
a witness to a crime committed against another person; and
(B)
was under the age of 18 when the crime described in subparagraph (A) was committed;
(14)
the term  protected information , with respect to a covered person, includes—
(A)
personally identifiable information of the covered person, including—
(i)
the name of the covered person;
(ii)
an address;
(iii)
a phone number;
(iv)
a user name or identifying information for an online, social media, or email account; and
(v)
any information that can be used to distinguish or trace the identity of the covered person, either alone or when combined with other information that is linked or linkable to the covered person;
(B)
medical, dental, behavioral, psychiatric, or psychological information of the covered person;
(C)
educational or juvenile justice records of the covered person; and
(D)
any other information concerning the covered person that is deemed  protected information  by order of the court under subsection (d)(5);
(15)
the term  child pornography  has the meaning given the term in section 2256(8); and
(16)
the term  obscene visual depiction of a child  means any visual depiction prohibited by section 1466A involving an identifiable minor, as that term is defined in section 2256(9).
 ;
(2)
in subsection (b)—
(A)
in paragraph (1)(C), by striking  minor  and inserting  child ; and
(B)
in paragraph (2)—
(i)
in the heading, by striking
Videotaped   and inserting
Recorded  ;
(ii)
in subparagraph (A), by striking  that the deposition be recorded and preserved on videotape  and inserting  that a video recording of the deposition be made and preserved ;
(iii)
in subparagraph (B)—
(I)
in clause (ii), by striking  that the child's deposition be taken and preserved by videotape  and inserting  that a video recording of the child's deposition be made and preserved ;
(II)
in clause (iii)—
(aa)
in the matter preceding subclause (I), by striking  videotape  and inserting  recorded ; and
(bb)
in subclause (IV), by striking  videotape  and inserting  recording ; and
(III)
in clause (v)—
(aa)
in the heading, by striking
videotape   and inserting
video recording  ;
(bb)
in the first sentence, by striking  made and preserved on video tape  and inserting  recorded and preserved ; and
(cc)
in the second sentence, by striking  videotape  and inserting  video recording ;
(iv)
in subparagraph (C), by striking  child's videotaped  and inserting  video recording of the child's ;
(v)
in subparagraph (D)—
(I)
by striking  videotaping  and inserting  deposition ; and
(II)
by striking  videotaped  and inserting  recorded ;
(vi)
in subparagraph (E), by striking  videotaped  and inserting  recorded ; and
(vii)
in subparagraph (F), by striking  videotape  each place the term appears and inserting  video recording ;
(3)
in subsection (d)—
(A)
in paragraph (1)(A)—
(i)
in clause (i), by striking  the name of or any other information concerning a child  and inserting  a covered person's protected information ; and
(ii)
in clause (ii)—
(I)
by striking  documents described in clause (i) or the information in them that concerns a child  and inserting  a covered person’s protected information ; and
(II)
by striking  , have reason to know such information  and inserting  (including witnesses or potential witnesses), have reason to know each item of protected information to be disclosed ;
(B)
in paragraph (2)—
(i)
by striking  the name of or any other information concerning a child  each place the term appears and inserting  a covered person’s protected information ;
(ii)
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly;
(iii)
by striking  All papers  and inserting the following:
(A)
In general
All papers
 ; and
(iv)
by adding at the end the following:
(B)
Enforcement of violations
The court may address a violation of subparagraph (A) in the same manner as disobedience or resistance to a lawful court order under section 401(3).
 ;
(C)
in paragraph (3)—
(i)
in subparagraph (A)—
(I)
by striking  a child from public disclosure of the name of or any other information concerning the child  and inserting  a covered person's protected information from public disclosure ; and
(II)
by striking  , if the court determines that there is a significant possibility that such disclosure would be detrimental to the child ;
(ii)
in subparagraph (B)—
(I)
in clause (i)—
(aa)
by striking  a child witness, and the testimony of any other witness  and inserting  any witness ; and
(bb)
by striking  the name of or any other information concerning a child  and inserting  a covered person's protected information ; and
(II)
in clause (ii), by striking  child  and inserting  covered person ; and
(iii)
by adding at the end the following:
(C)
(i)
For purposes of this paragraph, there shall be a presumption that public disclosure of a covered person’s protected information would be detrimental to the covered person.
(ii)
The court shall deny a motion for a protective order under subparagraph (A) only if the court finds that the party opposing the motion has rebutted the presumption under clause (i) of this subparagraph.
 ;
(D)
in paragraph (4)—
(i)
by striking  This subsection  and inserting the following:
(A)
Disclosure to certain parties
This subsection
 ;
(ii)
in subparagraph (A), as so designated—
(I)
by striking  the name of or other information concerning a child  and inserting  a covered person's protected information ; and
(II)
by striking  or an adult attendant, or to  and inserting  an adult attendant, a law enforcement agency for any intelligence or investigative purpose, or ; and
(iii)
by adding at the end the following:
(B)
Request for public disclosure
If any party requests public disclosure of a covered person’s protected information to further a public interest, the court shall deny the request unless the court finds that—
(i)
the party seeking disclosure has established that there is a compelling public interest in publicly disclosing the covered person’s protected information;
(ii)
there is a substantial probability that the public interest would be harmed if the covered person’s protected information is not disclosed;
(iii)
the substantial probability of harm to the public interest outweighs the harm to the covered person from public disclosure of the covered person’s protected information; and
(iv)
there is no alternative to public disclosure of the covered person’s protected information that would adequately protect the public interest.
 ; and
(E)
by adding at the end the following:
(5)
Other protected information
The court may order that information shall be considered to be  protected information  for purposes of this subsection if the court finds that the information is sufficiently personal, sensitive, or identifying that it should be subject to the protections and presumptions under this subsection.
 ;
(4)
by striking subsection (f) and inserting the following:
(f)
Victim impact statement
(1)
Probation officer
In preparing the presentence report pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, the probation officer shall request information from the multidisciplinary child abuse team, if applicable, or other appropriate sources to determine the impact of the offense on a child victim and any other children who may have been affected by the offense.
(2)
Guardian ad litem
A guardian ad litem appointed under subsection (h) shall—
(A)
make every effort to obtain and report information that accurately expresses the views of a child victim, and the views of family members as appropriate, concerning the impact of the offense; and
(B)
use forms that permit a child victim to express the child's views concerning the personal consequences of the offense, at a level and in a form of communication commensurate with the child's age and ability.
 ;
(5)
in subsection (h), by adding at the end the following:
(4)
Authorization of appropriations
(A)
In general
There is authorized to be appropriated to the United States courts to carry out this subsection $25,000,000 for each fiscal year.
(B)
Supervision of payments
Payments from appropriations authorized under subparagraph (A) shall be made under the supervision of the Director of the Administrative Office of the United States Courts.
 ;
(6)
in subsection (i)—
(A)
by striking  A child testifying at or attending a judicial proceeding  and inserting the following:
(1)
In general
A child testifying at a judicial proceeding, including in a manner described in subsection (b),
 ;
(B)
in paragraph (1), as so designated—
(i)
in the third sentence, by striking  proceeding  and inserting  testimony ; and
(ii)
by striking the fifth sentence; and
(C)
by adding at the end the following:
(2)
Recording
If the adult attendant is in close physical proximity to or in contact with the child while the child testifies—
(A)
at a judicial proceeding, a video recording of the adult attendant shall be made and shall become part of the court record; or
(B)
in a manner described in subsection (b), the adult attendant shall be visible on the closed-circuit television or in the recorded deposition.
(3)
Covered persons attending proceeding
A covered person shall have the right to be accompanied by an adult attendant when attending any judicial proceeding.
 ;
(7)
in subsection (j)—
(A)
by striking  child  each place the term appears and inserting  covered person ; and
(B)
in the fourth sentence—
(i)
by striking  and the potential  and inserting  , the potential ;
(ii)
by striking  child's  and inserting  covered person's ; and
(iii)
by inserting before the period at the end the following:  , and the necessity of the continuance to protect the defendant's rights ;
(8)
in subsection (k), by striking  child  each place the term appears and inserting  covered person ;
(9)
in subsection (l), by striking  child  each place the term appears and inserting  covered person ; and
(10)
in subsection (m)—
(A)
by striking  (as defined by section 2256 of this title)  each place it appears;
(B)
by inserting  or an obscene visual depiction of a child  after  child pornography  each place it appears except the second instance in paragraph (3);
(C)
in paragraph (1), by inserting  and any civil action brought under section 2255 or 2255A  after  any criminal proceeding ;
(D)
in paragraph (2), by adding at the end the following:
(C)
(i)
Notwithstanding rule 26 of the Federal Rules of Civil Procedure, a court shall deny, in any civil action brought under section 2255 or 2255A, any request by any party to copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child pornography or an obscene visual depiction of a child.
(ii)
In a civil action brought under section 2255 or 2255A, for purposes of paragraph (1), the court may—
(I)
order the plaintiff or defendant to provide to the court or the Government, as applicable, any equipment necessary to maintain care, custody, and control of such property or material; and
(II)
take reasonable measures, and may order the Government (if such property or material is in the care, custody, and control of the Government) to take reasonable measures, to provide each party to the action, the attorney of each party, and any individual a party may seek to qualify as an expert, with ample opportunity to inspect, view, and examine such property or material at the court or a Government facility, as applicable.
 ; and
(E)
in paragraph (3)—
(i)
by inserting  and during the 1-year period following the date on which the criminal proceeding becomes final or is terminated  after  any criminal proceeding ;
(ii)
by striking  , as defined under section 2256(8), ; and
(iii)
by inserting  or obscene visual depiction of a child  after  such child pornography .
(b)
Effective date
The amendments made by this section shall apply to conduct that occurs before, on, or after the date of enactment of this Act.
3.
Facilitating payment of restitution; technical amendments to restitution statutes
Title 18, United States Code, is amended—
(1)
in section 1593(c)—
(A)
by inserting  (1)  after  (c) ;
(B)
by striking  chapter, including, in  and inserting the following:
chapter.
(2)
In
 ; and
(C)
in paragraph (2), as so designated, by inserting  may assume the rights of the victim under this section  after  suitable by the court ;
(2)
in section 2248(c)—
(A)
by striking  For purposes  and inserting the following:
(1)
In general
For purposes
 ;
(B)
by striking  chapter, including, in  and inserting the following:
chapter.
(2)
Assumption of crime victim's rights
In
 ; and
(C)
in paragraph (2), as so designated, by inserting  may assume the rights of the victim under this section  after  suitable by the court ;
(3)
in section 2259—
(A)
by striking subsection (a) and inserting the following:
(a)
In general
Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under—
(1)
section 1466A, to the extent the conduct involves a visual depiction of an identifiable minor; or
(2)
this chapter.
 ;
(B)
in subsection (b)—
(i)
in paragraph (1), by striking
Directions .—Except as provided in paragraph (2), the  and inserting
Restitution for child pornography production .—If the defendant was convicted of child pornography production, the ; and
(ii)
in paragraph (2)(B), by striking  $3,000.  and inserting the following: “—
(i)
$3,000; or
(ii)
10 percent of the full amount of the victim’s losses, if the full amount of the victim's losses is less than $3,000.
 ; and
(C)
in subsection (c)—
(i)
by striking paragraph (1) and inserting the following:
(1)
Child pornography production
For purposes of this section and section 2259A, the term  child pornography production  means—
(A)
a violation of, attempted violation of, or conspiracy to violate section 1466A(a) to the extent the conduct involves production of a visual depiction of an identifiable minor;
(B)
a violation of, attempted violation of, or conspiracy to violate section 1466A(a) involving possession with intent to distribute, or section 1466A(b), to the extent the conduct involves a visual depiction of an identifiable minor—
(i)
produced by the defendant; or
(ii)
that the defendant attempted or conspired to produce;
(C)
a violation of subsection (a), (b), or (c) of section 2251, or an attempt or conspiracy to violate any of those subsections under subsection (e) of that section;
(D)
a violation of section 2251A;
(E)
a violation of section 2252(a)(4) or 2252A(a)(5), or an attempt or conspiracy to violate either of those sections under section 2252(b)(2) or 2252A(b)(2), to the extent such conduct involves child pornography—
(i)
produced by the defendant; or
(ii)
that the defendant attempted or conspired to produce;
(F)
a violation of subsection (a)(7) of section 2252A, or an attempt or conspiracy to violate that subsection under subsection (b)(3) of that section, to the extent the conduct involves production with intent to distribute;
(G)
a violation of section 2252A(g) if the series of felony violations involves not fewer than 1 violation—
(i)
described in subparagraph (A), (B), (E), or (F) of this paragraph;
(ii)
of section 1591; or
(iii)
of section 1201, chapter 109A, or chapter 117, if the victim is a minor;
(H)
a violation of subsection (a) of section 2260, or an attempt or conspiracy to violate that subsection under subsection (c)(1) of that section;
(I)
a violation of section 2260B(a)(2) for promoting or facilitating an offense—
(i)
described in subparagraph (A), (B), (D), or (E) of this paragraph; or
(ii)
under section 2422(b); and
(J)
a violation of chapter 109A or chapter 117, if the offense involves the production or attempted production of, or conspiracy to produce, child pornography.
 ;
(ii)
by striking paragraph (3) and inserting the following:
(3)
Trafficking in child pornography
For purposes of this section and section 2259A, the term  trafficking in child pornography  means—
(A)
a violation of, attempted violation of, or conspiracy to violate section 1466A(a) to the extent the conduct involves distribution or receipt of a visual depiction of an identifiable minor;
(B)
a violation of, attempted violation of, or conspiracy to violate section 1466A(a) involving possession with intent to distribute, or section 1466A(b), to the extent the conduct involves a visual depiction of an identifiable minor—
(i)
not produced by the defendant; or
(ii)
that the defendant did not attempt or conspire to produce;
(C)
a violation of subsection (d) of section 2251 or an attempt or conspiracy to violate that subsection under subsection (e) of that section;
(D)
a violation of paragraph (1), (2), or (3) of subsection (a) of section 2252, or an attempt or conspiracy to violate any of those paragraphs under subsection (b)(1) of that section;
(E)
a violation of section 2252(a)(4) or 2252A(a)(5), or an attempt or conspiracy to violate either of those sections under section 2252(b)(2) or 2252A(b)(2), to the extent such conduct involves child pornography—
(i)
not produced by the defendant; or
(ii)
that the defendant did not attempt or conspire to produce;
(F)
a violation of paragraph (1), (2), (3), (4), or (6) of subsection (a) of section 2252A, or an attempt or conspiracy to violate any of those paragraphs under subsection (b)(1) of that section;
(G)
a violation of subsection (a)(7) of section 2252A, or an attempt or conspiracy to violate that subsection under subsection (b)(3) of that section, to the extent the conduct involves distribution;
(H)
a violation of section 2252A(g) if the series of felony violations exclusively involves violations described in this paragraph (except subparagraphs (A) and (B));
(I)
a violation of subsection (b) of section 2260, or an attempt or conspiracy to violate that subsection under subsection (c)(2) of that section; and
(J)
a violation of subsection (a)(1) of section 2260B, or a violation of subsection (a)(2) of that section for promoting or facilitating an offense described in this paragraph (except subparagraphs (A) and (B)).
 ; and
(iii)
in paragraph (4), in the first sentence, by inserting  or an identifiable minor harmed as a result of the commission of a crime under section 1466A  after  under this chapter ;
(4)
in section 2259A(a)—
(A)
in paragraph (1), by striking  under section 2252(a)(4) or 2252A(a)(5)  and inserting  described in subparagraph (B) or (E) of section 2259(c)(3) ; and
(B)
in paragraph (2), by striking  any other offense for trafficking in child pornography  and inserting  any offense for trafficking in child pornography other than an offense described in subparagraph (B) or (E) of section 2259(c)(3) ;
(5)
in section 2429—
(A)
in subsection (b)(3), by striking  2259(b)(3)  and inserting  2259(c)(2) ; and
(B)
in subsection (d)—
(i)
by inserting  (1)  after  (d) ;
(ii)
by striking  chapter, including, in  and inserting the following:
chapter.
(2)
In
 ; and
(iii)
in paragraph (2), as so designated, by inserting  may assume the rights of the victim under this section  after  suitable by the court ; and
(6)
in section 3664, by adding at the end the following:
(q)
Trustee or other fiduciary
(1)
In general
(A)
Appointment of trustee or other fiduciary
When the court issues an order of restitution under section 1593, 2248, 2259, 2429, or 3663, or subparagraphs (A)(i) and (B) of section 3663A(c)(1), for a victim described in subparagraph (B) of this paragraph, the court, at its own discretion or upon motion by the Government, may appoint a trustee or other fiduciary to hold any amount paid for restitution in a trust or other official account for the benefit of the victim.
(B)
Covered victims
A victim referred to in subparagraph (A) is a victim who is—
(i)
under the age of 18 at the time of the proceeding;
(ii)
incompetent or incapacitated; or
(iii)
subject to paragraph (3), a foreign citizen or stateless person residing outside the United States.
(2)
Order
When the court appoints a trustee or other fiduciary under paragraph (1), the court shall issue an order specifying—
(A)
the duties of the trustee or other fiduciary, which shall require—
(i)
the administration of the trust or maintaining an official account in the best interests of the victim; and
(ii)
disbursing payments from the trust or account—
(I)
to the victim; or
(II)
to any individual or entity on behalf of the victim;
(B)
that the trustee or other fiduciary—
(i)
shall avoid any conflict of interest;
(ii)
may not profit from the administration of the trust or maintaining an official account for the benefit of the victim other than as specified in the order; and
(iii)
may not delegate administration of the trust or maintaining the official account to any other person;
(C)
if and when the trust or the duties of the other fiduciary will expire; and
(D)
the fees payable to the trustee or other fiduciary to cover expenses of administering the trust or maintaining the official account for the benefit of the victim, and the schedule for payment of those fees.
(3)
Fact-finding regarding foreign citizens and stateless person
In the case of a victim who is a foreign citizen or stateless person residing outside the United States and is not under the age of 18 at the time of the proceeding or incompetent or incapacitated, the court may appoint a trustee or other fiduciary under paragraph (1) only if the court finds it necessary to—
(A)
protect the safety or security of the victim; or
(B)
provide a reliable means for the victim to access or benefit from the restitution payments.
(4)
Payment of fees
(A)
In general
The court may, with respect to the fees of the trustee or other fiduciary—
(i)
pay the fees in whole or in part; or
(ii)
order the defendant to pay the fees in whole or in part.
(B)
Applicability of other provisions
With respect to a court order under subparagraph (A)(ii) requiring a defendant to pay fees—
(i)
subsection (f)(3) shall apply to the court order in the same manner as that subsection applies to a restitution order;
(ii)
subchapter C of chapter 227 (other than section 3571) shall apply to the court order in the same manner as that subchapter applies to a sentence of a fine; and
(iii)
subchapter B of chapter 229 shall apply to the court order in the same manner as that subchapter applies to the implementation of a sentence of a fine.
(C)
Effect on other penalties
Imposition of payment under subparagraph (A)(ii) shall not relieve a defendant of, or entitle a defendant to a reduction in the amount of, any special assessment, restitution, other fines, penalties, or costs, or other payments required under the defendant's sentence.
(D)
Schedule
Notwithstanding any other provision of law, if the court orders the defendant to make any payment under subparagraph (A)(ii), the court may provide a payment schedule that is concurrent with the payment of any other financial obligation described in subparagraph (C).
(5)
Authorization of appropriations
(A)
In general
There is authorized to be appropriated to the United States courts to carry out this subsection $15,000,000 for each fiscal year.
(B)
Supervision of payments
Payments from appropriations authorized under subparagraph (A) shall be made under the supervision of the Director of the Administrative Office of the United States Courts.
 .
4.
Cybertipline improvements, and accountability and transparency by the tech industry
(a)
In general
 Chapter 110  of title 18, United States Code, is amended—
(1)
in section 2258A—
(A)
by striking subsections (a), (b), and (c) and inserting the following:
(a)
Duty To report
(1)
Duty
In order to reduce the proliferation of online child sexual exploitation and to prevent the online sexual exploitation of children, as soon as reasonably possible after obtaining actual knowledge of any facts or circumstances described in paragraph (2) or any apparent child pornography on the provider’s service, and in any event not later than 60 days after obtaining such knowledge, a provider shall submit to the CyberTipline of NCMEC, or any successor to the CyberTipline operated by NCMEC, a report that—
(A)
shall contain—
(i)
the mailing address, telephone number, facsimile number, electronic mailing address of, and individual point of contact for, such provider; and
(ii)
information or material described in subsection (b)(1)(A) concerning such facts or circumstances or apparent child pornography; and
(B)
may contain information described in subsection (b)(2), including any available information to identify or locate any involved minor.
(2)
Facts or circumstances
The facts or circumstances described in this paragraph are any facts or circumstances indicating an apparent, planned, or imminent violation of section 1591 (if the violation involves a minor), 2251, 2251A, 2252, 2252A, 2252B, 2260, or 2422(b).
(3)
Complainant information
For a report premised on a complaint or notification submitted to a provider by a user of the provider’s product or service, or a parent, guardian, or representative of such user, the provider shall take reasonable measures to determine what information or material in the user’s account shall be included in the report as provided in subsection (b)(1)(A)(vi).
(b)
Contents of report
(1)
In general
In an effort to prevent the future sexual victimization of children, and to the extent the information is within the custody or control of a provider, each report provided under subsection (a)(1)—
(A)
shall include, to the extent that it is applicable and reasonably available—
(i)
the name, address, electronic mail address, user or account identification, Internet Protocol address, port number, and uniform resource locator of any individual who is a subject of the report;
(ii)
the terms of service in effect at the time of—
(I)
the apparent violation; or
(II)
the detection of apparent child pornography or a planned or imminent violation;
(iii)
a copy of any apparent child pornography that is the subject of the report, or all accessible chats, messages, or text exchanges that are related to the report, that were identified in a publicly available location;
(iv)
for each item of apparent child pornography included in the report under clause (iii) or paragraph (2)(E), information indicating whether—
(I)
the apparent child pornography was publicly available; or
(II)
the provider, in its sole discretion, viewed the apparent child pornography, or any copy thereof, at any point concurrent with or prior to the submission of the report;
(v)
for each item of apparent child pornography that is the subject of the report, an indication as to whether the apparent child pornography—
(I)
is created in whole or in part through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual depiction;
(II)
has previously been the subject of a report under subsection (a)(1); or
(III)
is the subject of multiple contemporaneous reports due to rapid and widespread distribution; and
(vi)
any and all information or material (including apparent child pornography, chats, messages, or text exchanges) relating to the subject of the report in the account of a user of the provider’s product or service, if the user, or the parent, guardian, or representative of such user—
(I)
provided the information or material in a notification or complaint to the provider;
(II)
indicates that such information or material should be included in the report; or
(III)
consents to the inclusion of such information or material in the report; and
(B)
may, at the sole discretion of the provider, include the information described in paragraph (2) of this subsection.
(2)
Other information
The information referred to in paragraph (1)(B) is the following:
(A)
Information about any involved individual
Any information relating to the identity or location of any individual who is a subject of the report, including payment or financial information (excluding personally identifiable information) and self-reported identifying or locating information.
(B)
Information about any involved minor
Information relating to the identity or location of any involved minor, which may include an address, electronic mail address, Internet Protocol address, port number, uniform resource locator, payment or financial information (excluding personally identifiable information), or any other information that may identify or locate any involved minor, including self-reported identifying or locating information.
(C)
Historical reference
Information relating to when and how a customer or subscriber of a provider uploaded, transmitted, or received content relating to the report or when and how content relating to the report was reported to, or discovered by the provider, including a date and time stamp and time zone.
(D)
Geographic location information
Information relating to the geographic location of the involved individual or website, which may include the Internet Protocol address, port number, or verified address, or, if not reasonably available, at least one form of geographic identifying information, including area code or ZIP Code, provided by the customer or subscriber, or stored or obtained by the provider.
(E)
Apparent child pornography
Any apparent child pornography not described in paragraph (1)(A)(iii), or other content related to the subject of the report.
(F)
Complete communication
The complete communication containing any apparent child pornography or other content, including—
(i)
any data or information regarding the transmission of the communication; and
(ii)
any visual depictions, data, or other digital files contained in, or attached to, the communication.
(G)
Technical identifier
An industry-standard hash value or other similar industry-standard technical identifier for any reported visual depiction as it existed on the provider’s service.
(H)
Description
For any item of apparent child pornography that is the subject of the report, an indication of whether—
(i)
the depicted sexually explicit conduct involves—
(I)
genital, oral, or anal sexual intercourse;
(II)
bestiality;
(III)
masturbation;
(IV)
sadistic or masochistic abuse; or
(V)
lascivious exhibition of the anus, genitals, or pubic area of any person; and
(ii)
the depicted minor is—
(I)
an infant or toddler;
(II)
prepubescent;
(III)
pubescent;
(IV)
post-pubescent; or
(V)
of an indeterminate age or developmental stage.
(I)
Chats, messages, or text exchanges
Chats, messages, or text exchanges that fully provide the context for the report.
(3)
Formatting of reports
When a provider includes any information described in paragraph (1) or, at its sole discretion, any information described in paragraph (2) in a report to the CyberTipline of NCMEC, or any successor to the CyberTipline operated by NCMEC, the provider shall use best efforts to ensure that the report conforms with the structure of the CyberTipline or the successor, as applicable.
(c)
Forwarding of report and other information to law enforcement
(1)
In general
Pursuant to its clearinghouse role as a private, nonprofit organization, and at the conclusion of its review in furtherance of its nonprofit mission, NCMEC shall make available each report submitted under subsection (a)(1) to one or more of the following law enforcement agencies:
(A)
Any Federal law enforcement agency that is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes.
(B)
Any State or local law enforcement agency that is involved in the investigation of child sexual exploitation.
(C)
A foreign law enforcement agency designated by the Attorney General under subsection (d)(3) or a foreign law enforcement agency that has an established relationship with the Federal Bureau of Investigation, Immigration and Customs Enforcement, or INTERPOL, and is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes.
(2)
Technical identifiers
If a report submitted under subsection (a)(1) contains an industry-standard hash value or other similar industry-standard technical identifier—
(A)
NCMEC may compare that hash value or identifier with any database or repository of visual depictions owned or operated by NCMEC; and
(B)
if the comparison under subparagraph (A) results in a match, NCMEC may include the matching visual depiction from its database or repository when forwarding the report to an agency described in subparagraph (A) or (B) of paragraph (1).
 ;
(B)
in subsection (d)—
(i)
in paragraph (2), by striking  subsection (c)(1)  and inserting  subsection (c)(1)(A) ;
(ii)
in paragraph (3)—
(I)
in subparagraph (A), by striking  subsection (c)(3)  and inserting  subsection (c)(1)(C) ; and
(II)
in subparagraph (C), by striking  subsection (c)(3)  and inserting  subsection (c)(1)(C) ; and
(iii)
in paragraph (5)(B)—
(I)
in clause (i), by striking  forwarded  and inserting  made available ; and
(II)
in clause (ii), by striking  forwarded  and inserting  made available ;
(C)
by striking subsection (e) and inserting the following:
(e)
Failure To comply with requirements
(1)
Criminal penalty
(A)
Offense
It shall be unlawful for a provider to knowingly—
(i)
fail to submit a report under subsection (a)(1) within the time period required by that subsection; or
(ii)
fail to preserve material as required under subsection (h).
(B)
Penalty
(i)
In general
A provider that violates subparagraph (A) shall be fined—
(I)
in the case of an initial violation, not more than—
(aa)
$850,000 if the provider has not fewer than 100,000,000 monthly active users; or
(bb)
$600,000 if the provider has fewer than 100,000,000 monthly active users; and
(II)
in the case of any second or subsequent violation, not more than—
(aa)
$1,000,000 if the provider has not fewer than 100,000,000 monthly active users; or
(bb)
$850,000 if the provider has fewer than 100,000,000 monthly active users.
(ii)
Harm to individuals
The maximum fine under clause (i) shall be doubled if an individual is harmed as a direct and proximate result of the applicable violation.
(2)
Civil penalty
(A)
Violations relating to CyberTipline reports and material preservation
A provider shall be liable to the United States Government for a civil penalty in an amount of not less than $50,000 and not more than $250,000 if the provider knowingly—
(i)
fails to submit a report under subsection (a)(1) within the time period required by that subsection;
(ii)
fails to preserve material as required under subsection (h); or
(iii)
submits a report under subsection (a)(1) that—
(I)
contains materially false or fraudulent information; or
(II)
omits information described in subsection (b)(1)(A) that is reasonably available.
(B)
Annual report violations
A provider shall be liable to the United States Government for a civil penalty in an amount of not less than $100,000 and not more than $1,000,000 if the provider knowingly—
(i)
fails to submit an annual report as required under subsection (i); or
(ii)
submits an annual report under subsection (i) that—
(I)
contains a materially false, fraudulent, or misleading statement; or
(II)
omits information described in subsection (i)(1) that is reasonably available.
(C)
Harm to individuals
The amount of a civil penalty under subparagraph (A) or (B) shall be tripled if an individual is harmed as a direct and proximate result of the applicable violation.
(D)
Costs of civil actions
A provider that commits a violation described in subparagraph (A) or (B) shall be liable to the United States Government for the costs of a civil action brought to recover a civil penalty under that subparagraph.
(E)
Enforcement
This paragraph shall be enforced in accordance with sections 3731, 3732, and 3733 of title 31, except that a civil action to recover a civil penalty under subparagraph (A) or (B) of this paragraph may only be brought by the United States Government.
(3)
Deposit of fines and penalties
Notwithstanding any other provision of law, any criminal fine or civil penalty collected under this subsection shall be deposited into the Child Pornography Victims Reserve as provided in section 2259B.
 ;
(D)
in subsection (f), by striking paragraph (3) and inserting the following:
(3)
affirmatively search, screen, or scan for—
(A)
facts or circumstances described in subsection (a)(2);
(B)
information described in subsection (b)(2); or
(C)
any apparent child pornography.
 ;
(E)
in subsection (g)—
(i)
in paragraph (2)(A)—
(I)
in clause (iii), by inserting  or personnel at a children's advocacy center  after  State) ; and
(II)
in clause (iv), by striking  State or subdivision of a State  and inserting  State, subdivision of a State, or children's advocacy center ; and
(ii)
in paragraph (3), in the matter preceding subparagraph (A), by striking  subsection (a)  and inserting  subsection (a)(1) ;
(F)
in subsection (h), by striking paragraph (5) and inserting the following:
(5)
Relation to reporting requirement
Submission of a report as described in subsection (a)(1) does not satisfy the obligations under this subsection.
 ; and
(G)
by adding at the end the following:
(i)
Annual report
(1)
In general
Not later than March 31 of the second year beginning after the date of enactment of the  STOP CSAM Act of 2025 , and of each year thereafter, a provider that had more than 1,000,000 unique monthly visitors or users during each month of the preceding year and accrued revenue of more than $50,000,000 during the preceding year shall submit to the Attorney General and the Chair of the Federal Trade Commission a report, disaggregated by subsidiary, that provides the following information for the preceding year to the extent such information is applicable and reasonably available:
(A)
Cybertipline data
(i)
The total number of reports that the provider submitted under subsection (a)(1).
(ii)
Which items of information described in subsection (b)(2) are routinely included in the reports submitted by the provider under subsection (a)(1).
(B)
Other reporting to the provider
(i)
The measures the provider has in place to receive other reports concerning child sexual exploitation and abuse using the provider's product or on the provider's service.
(ii)
The average time for responding to reports described in clause (i).
(iii)
The number of reports described in clause (i) that the provider received.
(iv)
A summary description of the actions taken upon receipt of the reports described in clause (i).
(C)
Policies
(i)
A description of the policies of the provider with respect to the commission of child sexual exploitation and abuse using the provider's product or on the provider's service, including how child sexual exploitation and abuse is defined.
(ii)
A description of possible user consequences for violations of the policies described in clause (i).
(iii)
The methods of informing users of the policies described in clause (i).
(iv)
The process for adjudicating potential violations of the policies described in clause (i).
(D)
Culture of safety
(i)
The measures, tools, and technologies that the provider deploys to—
(I)
protect children from sexual exploitation and abuse using the provider’s product or service;
(II)
prevent or interdict activity by children related to sexual exploitation and abuse, including the posting or sharing of intimate visual depictions; and
(III)
accurately identify adult and minor users.
(ii)
The measures, tools, and technologies that the provider deploys to empower parents and guardians to protect their children from sexual exploitation and abuse using the provider’s product or service.
(iii)
The measures, tools, and technologies that the provider deploys to prevent the use of the provider's product or service by individuals seeking to commit child sexual exploitation and abuse.
(iv)
With respect to the measures, tools, and technologies described in clauses (i), (ii), and (iii)—
(I)
an assessment of their efficacy, including any relevant quantitative information indicating when and how often they are used; and
(II)
information on any factors that limit their efficacy or create gaps in their protection and efforts by the provider to address those loopholes or gaps.
(v)
A description of factors that interfere with the provider’s ability to detect or evaluate instances of child sexual exploitation and abuse and an analysis of the impact of those factors.
(vi)
Information shared by the provider with users about the risks to children on the provider's product or service concerning sexual exploitation and abuse and an assessment of the impact of the information on users, including any relevant quantitative information indicating how often the information is reviewed.
(E)
Safety by design
The measures that the provider takes before launching a new product or service—
(i)
to assess—
(I)
the safety risks for children with respect to sexual exploitation and abuse; and
(II)
whether and how individuals could use the new product or service to commit child sexual exploitation and abuse; and
(ii)
to determine—
(I)
the appropriate age for users of the new product or service; and
(II)
whether the new product or service will be adopted to commit child sexual exploitation and abuse.
(F)
Prevalence, trends, and patterns
Any information concerning—
(i)
the prevalence of child sexual exploitation and abuse on the provider’s product or service, including the volume of child pornography that is available and that is being accessed, distributed, or received; and
(ii)
emerging trends, risks, and changing patterns with respect to the commission of online child sexual exploitation and abuse.
(G)
Other information
Any other information relevant to child sexual exploitation and abuse on the provider’s product or service.
(2)
Avoiding duplication
Notwithstanding the requirement under the matter preceding paragraph (1) that information be submitted annually, in the case of any report submitted under that paragraph after the initial report, a provider shall submit information described in subparagraphs (C) through (F) of that paragraph not less frequently than once every 3 years or when new information is available, whichever is more frequent.
(3)
Limitation
Nothing in paragraph (1) shall require the disclosure of trade secrets or other proprietary information.
(4)
Publication
(A)
In general
Subject to subparagraph (B), the Attorney General and the Chair of the Federal Trade Commission shall publish the reports received under this subsection.
(B)
Redaction
(i)
In general
Whether or not such redaction is requested by the provider, the Attorney General and Chair of the Federal Trade Commission shall redact from a report published under subparagraph (A) any information as necessary to avoid—
(I)
undermining the efficacy of a safety measure described in the report; or
(II)
revealing how a product or service of a provider may be used to commit online child sexual exploitation and abuse.
(ii)
Additional redaction
(I)
Request
In addition to information redacted under clause (i), a provider may request the redaction, from a report published under subparagraph (A), of any information that is law enforcement sensitive or otherwise not suitable for public distribution.
(II)
Agency discretion
The Attorney General and Chair of the Federal Trade Commission—
(aa)
shall consider a request made under subclause (I); and
(bb)
may, in their discretion, redact from a report published under subparagraph (A) any information pursuant to the request.
 ;
(2)
in section 2258B—
(A)
by striking subsection (a) and inserting the following:
(a)
In general
(1)
Limited liability
Except as provided in subsection (b), a civil claim or criminal charge described in paragraph (2) may not be brought in any Federal or State court.
(2)
Covered claims and charges
A civil claim or criminal charge referred to in paragraph (1) is a civil claim or criminal charge against a provider or domain name registrar, including any director, officer, employee, or agent of such provider or domain name registrar, that is directly attributable to—
(A)
the performance of the reporting or preservation responsibilities of such provider or domain name registrar under this section, section 2258A, or section 2258C;
(B)
transmitting, distributing, or mailing child pornography to any Federal, State, or local law enforcement agency, or giving such agency access to child pornography, in response to a search warrant, court order, or other legal process issued or obtained by such agency; or
(C)
the use by the provider or domain name registrar of any material being preserved under section 2258A(h) by such provider or registrar for research and the development and training of tools, undertaken voluntarily and in good faith for the sole and exclusive purpose of—
(i)
improving or facilitating reporting under this section, section 2258A, or section 2258C; or
(ii)
stopping the online sexual exploitation of children.
 ; and
(B)
in subsection (b)—
(i)
in paragraph (1), by striking  ; or  and inserting  or knowingly failed to comply with a requirement under section 2258A; ;
(ii)
in paragraph (2)(C)—
(I)
by striking  sections  and inserting  this section or section ; and
(II)
by striking the period and inserting  ; or ; and
(iii)
by adding at the end the following:
(3)
for purposes of subsection (a)(2)(C), knowingly distributed or transmitted the material, or made the material available, except as required by law, to—
(A)
any other entity;
(B)
any person not employed by the provider or domain name registrar; or
(C)
any person employed by the provider or domain name registrar who is not conducting any research described in that subsection.
 ;
(3)
in section 2258C—
(A)
in the section heading, by striking
the CyberTipline   and inserting
NCMEC  ;
(B)
in subsection (a)—
(i)
in the subsection heading, by striking
Elements   and inserting
Information sharing with providers and entities for the purposes of preventing and curtailing the online sexual exploitation of children  ;
(ii)
in paragraph (1)—
(I)
by striking  to a provider  and inserting the following:
or submission to the Child Victim Identification Program to—
(A)
a provider
 ;
(II)
in subparagraph (A), as so designated—
(aa)
by inserting  use of the provider’s products or services to commit  after  stop the ; and
(bb)
by striking the period at the end and inserting  ; or ; and
(III)
by adding at the end the following:
(B)
an entity for the sole and exclusive purpose of preventing and curtailing the online sexual exploitation of children.
 ; and
(iii)
in paragraph (2)—
(I)
in the heading, by striking
Inclusions   and inserting
Elements  ;
(II)
by striking  unique identifiers  and inserting  similar technical identifiers ;
(III)
by inserting  or content, elements, or reported materials,  after  visual depiction, ;
(IV)
by inserting a comma after  location ;
(V)
by striking  and any other elements ; and
(VI)
by inserting  or submission to the Child Victim Identification Program  after  CyberTipline report ;
(C)
in subsection (b)—
(i)
in the heading, by inserting
or entities   after
providers  ;
(ii)
by striking  Any provider  and inserting the following:
(1)
In general
Any provider or entity
 ;
(iii)
in paragraph (1), as so designated—
(I)
by striking  receives  and inserting  obtains ; and
(II)
by inserting  or submission to the Child Victim Identification Program  after  CyberTipline report ; and
(iv)
by adding at the end the following:
(2)
Limitation on sharing with other entities
A provider or entity that obtains elements under subsection (a)(1) may not distribute those elements, or make those elements available, to any other entity, except for the sole and exclusive purpose of curtailing, preventing, or stopping the online sexual exploitation of children.
 ;
(D)
in subsection (c)—
(i)
by striking  subsections  and inserting  subsection ;
(ii)
by striking  providers receiving  and inserting  a provider or entity to obtain ;
(iii)
by inserting  or submission to the Child Victim Identification Program  after  CyberTipline report ; and
(iv)
by striking  to use the elements to stop the online sexual exploitation of children ; and
(E)
in subsection (d), by inserting  or to the Child Victim Identification Program  after  CyberTipline ;
(4)
in section 2258E—
(A)
in paragraph (6), by striking  electronic communication service provider  and inserting  electronic communication service ;
(B)
in paragraph (7), by striking  and  at the end;
(C)
in paragraph (8), by striking the period at the end and inserting a semicolon; and
(D)
by adding at the end the following:
(9)
the term  publicly available , with respect to a visual depiction on a provider's service, means the visual depiction can be viewed by or is accessible to all users of the service, regardless of the steps, if any, a user must take to create an account or to gain access to the service in order to access or view the visual depiction; and
(10)
the term  Child Victim Identification Program  means the program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ).
 ;
(5)
in section 2259B(a), by inserting  , any fine or penalty collected under section 2258A(e),  after  2259A ; and
(6)
by adding at the end the following:
2260B.
Liability for certain child sexual exploitation offenses
(a)
Offense
It shall be unlawful for a provider of an interactive computer service, as that term is defined in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ), that operates through the use of any facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, through such service to—
(1)
intentionally host or store child pornography or make child pornography available to any person; or
(2)
knowingly promote or facilitate a violation of section 2251, 2251A, 2252, 2252A, or 2422(b).
(b)
Penalty
A provider of an interactive computer service that violates subsection (a)—
(1)
subject to paragraph (2), shall be fined not more than $1,000,000; and
(2)
if the offense involves a conscious or reckless risk of serious personal injury or an individual is harmed as a direct and proximate result of the violation, shall be fined not more than $5,000,000.
(c)
Rule of construction
Nothing in this section shall be construed to apply to any good faith action by a provider of an interactive computer service that is necessary to comply with a valid court order, subpoena, search warrant, statutory obligation, or preservation request from law enforcement.
 .
(b)
Clerical amendment
The table of sections for  chapter 110  of title 18, United States Code, is amended by adding at the end the following:
2260B. Liability for certain child sexual exploitation offenses.
  .
(c)
Effective date for amendments to reporting requirements of providers
The amendments made by subsection (a)(1) of this section shall take effect on the date that is 120 days after the date of enactment of this Act.
5.
Expanding civil remedies for victims of online child sexual exploitation
(a)
Statement of intent
Nothing in this section shall be construed to abrogate or narrow any case law concerning section 2255 of title 18, United States Code.
(b)
Civil remedy for personal injuries
Section 2255(a) of title 18, United States Code, is amended—
(1)
by striking
In general .—Any person who, while a minor, was a victim of a violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue  and inserting the following:
Private right of action .—
(1)
In general
Any person described in subparagraph (A), (B), or (C) of paragraph (2) who suffers personal injury as a result of a violation described in that subparagraph, regardless of whether the injury occurred while such person was a minor, may bring a civil action
 ; and
(2)
by adding at the end the following:
(2)
Eligible persons
Paragraph (1) shall apply to any person—
(A)
who, while a minor, was a victim of—
(i)
a violation of section 1589, 1590, 1591, 2241, 2242, 2243, 2251, 2251A, 2260(a), 2421, 2422, or 2423;
(ii)
an attempt to violate section 1589, 1590, or 1591 under section 1594(a);
(iii)
a conspiracy to violate section 1589 or 1590 under section 1594(b); or
(iv)
a conspiracy to violate section 1591 under section 1594(c);
(B)
who—
(i)
is depicted as a minor in child pornography; and
(ii)
is a victim of a violation of 2252, 2252A, or 2260(b) (regardless of when the violation occurs); or
(C)
who—
(i)
is depicted as an identifiable minor in a visual depiction described in section 1466A; and
(ii)
is a victim of a violation of that section (regardless of when the violation occurs).
 .
(c)
Civil remedy against online platforms and app stores
(1)
In general
 Chapter 110  of title 18, United States Code, is amended by inserting after  section 2255  the following:
2255A.
Additional remedy for certain victims of child pornography or child sexual exploitation
(a)
In general
(1)
Promotion or aiding and abetting of certain violations
Any person who is a victim of the intentional, knowing, or reckless promotion, or aiding and abetting, of a violation of section 1591 or 1594(c) (involving a minor), or section 2251, 2251A, 2252, 2252A, or 2422(b), where such promotion, or aiding and abetting, is by a provider of an interactive computer service or an app store, and who suffers personal injury as a result of such promotion or aiding and abetting, regardless of when the injury occurred, may bring a civil action in any appropriate United States District Court for relief set forth in subsection (b).
(2)
Activities involving child pornography
Any person who is a victim of the intentional, knowing, or reckless hosting or storing of child pornography or making child pornography available to any person by a provider of an interactive computer service, and who suffers personal injury as a result of such hosting, storing, or making available, regardless of when the injury occurred, may bring a civil action in any appropriate United States District Court for relief set forth in subsection (b).
(b)
Relief
In a civil action brought by a person under subsection (a)—
(1)
the person shall recover the actual damages the person sustains or liquidated damages in the amount of $300,000, and the cost of the action, including reasonable attorney fees and other litigation costs reasonably incurred; and
(2)
the court may, in addition to any other relief available at law, award punitive damages and such other preliminary and equitable relief as the court determines to be appropriate, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease the offending conduct.
(c)
Statute of limitations
There shall be no time limit for the filing of a complaint commencing an action under subsection (a).
(d)
Venue; service of process
(1)
Venue
Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28.
(2)
Service of process
In an action brought under subsection (a), process may be served in any district in which the defendant—
(A)
is an inhabitant; or
(B)
may be found.
(e)
Relation to section 230 of the Communications Act of 1934
Nothing in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ) shall be construed to impair or limit any claim brought under subsection (a).
(f)
Rules of construction
(1)
Applicability to legal process or obligation
Nothing in this section shall be construed to apply to any good faith action that is necessary to comply with a valid court order, subpoena, search warrant, statutory obligation, or preservation request from law enforcement.
(2)
Application of section 2258B
A civil action brought under subsection (a) shall be subject to section 2258B.
(g)
Encryption technologies
(1)
In general
None of the following actions or circumstances shall serve as an independent basis for liability under subsection (a):
(A)
Utilizing full end-to-end encrypted messaging services, device encryption, or other encryption services.
(B)
Not possessing the information necessary to decrypt a communication.
(C)
Failing to take an action that would otherwise undermine the ability to offer full end-to-end encrypted messaging services, device encryption, or other encryption services.
(2)
Consideration of evidence
Evidence of actions or circumstances described in paragraph (1) shall be admissible in a civil action brought under subsection (a) if—
(A)
the actions or circumstances are relevant under rules 401 and 402 of the Federal Rules of Evidence to—
(i)
prove motive, intent, preparation, plan, absence of mistake, or lack of accident; or
(ii)
rebut any evidence or factual or legal claim; and
(B)
the actions or circumstances—
(i)
are otherwise admissible under the Federal Rules of Evidence; and
(ii)
are not subject to exclusion under rule 403 or any other rule of the Federal Rules of Evidence.
(3)
No effect on discovery
Nothing in paragraph (1) or (2) shall be construed to create a defense to a discovery request or otherwise limit or affect discovery in any civil action brought under subsection (a).
(h)
Defense
In a civil action under subsection (a)(2) involving knowing or reckless conduct, it shall be a defense at trial, which the provider of an interactive computer service must establish by a preponderance of the evidence as determined by the finder of fact, that—
(1)
the provider disabled access to or removed the child pornography within a reasonable timeframe, and in any event not later than 48 hours after obtaining knowledge that the child pornography was being hosted, stored, or made available by the provider (or, in the case of a provider that, for the most recent calendar year, averaged fewer than 10,000,000 active users on a monthly basis in the United States, within a reasonable timeframe, and in any event not later than 2 business days after obtaining such knowledge);
(2)
the provider exercised a reasonable, good faith effort to disable access to or remove the child pornography but was unable to do so for reasons outside the provider’s control; or
(3)
it is technologically impossible for the provider to disable access to or remove the child pornography without compromising encryption technologies.
(i)
Sanctions for repeated bad faith civil actions or defenses
(1)
Definitions
In this subsection:
(A)
Bad faith civil action
The term  bad faith civil action  means a civil action brought under subsection (a) in bad faith where the finder of fact determines that at the time the civil action was filed, the party, attorney, or law firm described in paragraph (2) had actual knowledge that—
(i)
the alleged conduct did not involve any minor; or
(ii)
the alleged child pornography did not depict—
(I)
any minor; or
(II)
sexually explicit conduct, sexual suggestiveness, full or partial nudity, or implied sexual activity.
(B)
Bad faith defense
The term  bad faith defense  means a defense in a civil action brought under subsection (a) raised in bad faith where the finder of fact determines that at the time the defense was raised, the party, attorney, or law firm described in paragraph (3) had actual knowledge that the defense—
(i)
was made solely for the purpose of delaying the civil action or increasing the costs of the civil action; or
(ii)
was objectively baseless in light of the applicable law or facts at issue.
(2)
Bad faith civil action
In the case of a civil action brought under subsection (a), the court may impose sanctions on—
(A)
the party bringing the civil action if the court finds that the party has brought 2 or more bad faith civil actions (which may include the instant civil action); or
(B)
an attorney or law firm representing the party bringing the civil action if the court finds that the attorney or law firm has represented—
(i)
a party who has brought 2 or more bad faith civil actions (which may include the instant civil action); or
(ii)
2 or more parties who have each brought a bad faith civil action (which may include the instant civil action).
(3)
Bad faith defense
In the case of a civil action brought under subsection (a), the court may impose sanctions on—
(A)
the party defending the civil action if the court finds that the party has raised 2 or more bad faith defenses (which may include 1 or more defenses raised in the instant civil action); or
(B)
an attorney or law firm representing the party defending the civil action if the court finds that the attorney or law firm has represented—
(i)
a party who has raised 2 or more bad faith defenses (which may include 1 or more defenses raised in the instant civil action); or
(ii)
2 or more parties who have each raised a bad faith defense (which may include a defense raised in the instant civil action).
(4)
Implementation
Rule 11(c) of the Federal Rules of Civil Procedure shall apply to sanctions imposed under this subsection in the same manner as that rule applies to sanctions imposed for a violation of rule 11(b) of those Rules.
(5)
Rules of construction
(A)
Rule 11
This subsection shall not be construed to limit or expand the application of rule 11 of the Federal Rules of Civil Procedure.
(B)
Definition change
Paragraph (1)(A)(ii) shall not be construed to apply to a civil action affected by a contemporaneous change in the law with respect to the definition of  child pornography .
(j)
Definitions
In this section:
(1)
App
The term  app  means a software application or electronic service that may be run or directed by a user on a computer, a mobile device, or any other general purpose computing device.
(2)
App store
The term  app store  means a publicly available website, software application, or other electronic service that—
(A)
distributes apps from third-party developers to users of a computer, a mobile device, or any other general purpose computing device; and
(B)
operates—
(i)
through the use of any means or facility of interstate or foreign commerce; or
(ii)
in or affecting interstate or foreign commerce.
(3)
Interactive computer service
The term  interactive computer service  means an interactive computer service, as defined in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ), that operates—
(A)
through the use of any means or facility of interstate or foreign commerce; or
(B)
in or affecting interstate or foreign commerce.
(k)
Savings clause
Nothing in this section, including the defenses under this section, shall be construed to apply to any civil action brought under any other Federal law, rule, or regulation, including any civil action brought against a provider of an interactive computer service or an app store under section 1595 or 2255.
 .
(2)
Clerical amendment
The table of sections for  chapter 110  of title 18, United States Code, is amended by inserting after the item relating to  section 2255  the following:
2255A. Additional remedy for certain victims of child pornography or child sexual exploitation.
  .
6.
Severability
If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected.
7.
Continued applicability of Federal, State, and Tribal law
(a)
Federal law
Nothing in this Act or the amendments made by this Act, nor any rule or regulation issued pursuant to this Act or the amendments made by this Act, shall affect or diminish any right or remedy for a victim of child pornography or child sexual exploitation under any other Federal law, rule, or regulation, including any claim under section 2255 of title 18, United States Code, with respect to any individual or entity.
(b)
State or Tribal law
Nothing in this Act or the amendments made by this Act, nor any rule or regulation issued pursuant to this Act or the amendments made by this Act, shall—
(1)
preempt, diminish, or supplant any right or remedy for a victim of child pornography or child sexual exploitation under any State or Tribal common or statutory law; or
(2)
prohibit the enforcement of a law governing child pornography or child sexual exploitation that is at least as protective of the rights of a victim as this Act and the amendments made by this Act.