,,ii #aacth ,,congress #b;d ,session ,s4 #becf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bf1 #bjad ,mr4 ,kirk 7for himself and ,mrs4 ,feinstein7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to provide for enhanced criminal and civil remedies in the protection of children and other victims of commercial sexual exploitation and related crimes4 #a4 ,short title ,this ,act may be cited as the ,stop ,advertising ,victims of ,exploitation ,act of #bjad or the ,,save ,act4 #b4 ,findings and construction of provisions ,congress finds that-- 7#a7 sex trafficking is modern day slavery and violates the ,thirteenth ,amendment to the ,constitution of the ,united ,states2 7#b7 this ,act and the amendments made by this ,act are enacted as an exercise of the authority of ,congress to enforce the ,thirteenth ,amendment to the ,constitution of the ,united ,states by appropriate legislation2 7#c7 this ,act and the amendments made by this ,act are also enacted as an exercise of the authority of ,congress under the commerce clause of section #h of article ,i of the ,constitution of the ,united ,states to regulate1 by appropriate legislation1 the instrumentalities of interstate and foreign commerce1 as well as that which directly and materially affects interstate and foreign commerce2 and 7#d7 this ,act and the amendments made by this ,act should be liberally construed to effectuate its remedial purposes to the full extent permitted by the ,first ,amendment to the ,constitution of the ,united ,states1 including the commercial speech doctrine4 #c4 ,protection of children and other victims of commercial sexual exploitation 7a7 ,in general ,chapter #gg of title #ah1 ,united ,states ,code1 is amended by inserting after section #aeia the following3 #aeia;,a4 ,commercial sexual exploitation 7a7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,adult advertisement ,the term adult advertisement means any advertisement that-- 7,a7 is subject to the recordkeeping requirements under section #bbeg2 or 7,b7 is designed1 in whole or in part1 to induce a lawful or unlawful commercial exchange for-- 7i7 a sexual act or sexual contact1 as those terms are defined in section #bbdf2 7ii7 sexually explicit conduct1 as defined in section #bbef2 7iii7 a commercial sex act1 as defined in section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb72 or 7iv7 the goods or services of an adult escort or erotic performer involving any commercial exchange described in clause 7i71 7ii71 or 7iii74 7#b7 ,advertisement ,the term advertisement includes any written or verbal statement1 illustration1 or depiction in any medium which is designed1 in whole or in part1 to induce a lawful or unlawful commercial exchange of a good or service for money1 property1 or another item of value1 including another good or service4 7#c7 ,commercially promote ,the term commercially promote means to aid1 abet1 counsel1 command1 induce1 procure1 or cause the creation1 placement1 distribution1 publication1 or maintenance of any advertisement1 or any series of advertisements1 in exchange for any financial gain1 property1 or other item of value1 obtained from any information content provider of any such advertisement or any series of advertisements4 7#d7 ,common carrier2 telecommunications carrier ,the terms common carrier and telecommunications carrier have the meanings given those terms in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec74 7#e7 ,information content provider ,the term information content provider has the meaning given the term in section #bcj of the ,communications ,act 7#dg ,u4,s4,c4 #bcj74 7#f7 ,interactive advertising network service provider ,the term interactive advertising network service provider means an independent1 third party broker of online1 wireless1 or interactive television advertising1 including banners1 sponsorships1 email1 keyword searches1 slotting fees1 and interactive television commercials1 and not including classified advertising or a website referral link4 7#g7 ,internet access service2 ,internet information location tool ,the terms ,internet access service and ,internet information location tool have the meanings given those terms in section #bca of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bca74 7#h7 ,person ,the term person includes any individual or entity that is capable of holding legal or beneficial interest in property4 7#i7 ,state ,the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 any territory or possession of the ,united ,states1 and any political subdivision1 department1 agency1 or instrumentality of any such entity4 7b7 ,offense 7#a7 ,in general ,it shall be unlawful for a person to use any means or facility of interstate or foreign commerce to-- 7,a7 knowingly sell1 commercially promote1 place1 or maintain an adult advertisement1 or any series of adult advertisements in a medium whose predominant purpose or use is to facilitate commercial transactions2 and 7,b7 act with reckless disregard of the fact that the adult advertisement1 or the series of adult advertisements1 facilitates or is designed to facilitate-- 7i7 an offense under paragraph 7#a7 or 7#b7 of section #aeia7;a7 in which the person recruited1 enticed1 harbored1 transported1 provided1 obtained1 or maintained has not attained the age of #ah years at the time of such offense2 or 7ii7 an offense in violation of any provision of ,state law prohibiting felony offenses relating to child pimping1 child prostitution1 child sexual abuse1 assault on children1 or the sex trafficking of children4 7#b7 ,criminal penalty ,any person who violates paragraph 7#a7 shall be fined under this title1 imprisoned not more than #aj years1 or both1 for each such violation4 7#c7 ,limitations on liability 7,a7 ,generic search or utility services ,an ,internet access service provider1 ,internet browser or mobile browser provider1 external search engine provider1 external ,internet information location tool provider 7including a domain name registry or other domain name or root zone service provider71 interactive advertising network service provider1 common carrier1 telecommunications carrier1 or other such generic search or utility provider shall not incur any criminal or civil liability under this subsection or be subject to the recordkeeping requirements under subsection 7c7 solely based on providing such generic search or utility services4 7,b7 ,victims younger than #ah years of age ,for the purposes of paragraph 7#a71 any defendant in full compliance with subsection 7c7 may not be found reckless as to the fact of the age element of a minor victim of a predicate offense specified in paragraph 7#a74 7#d7 ,estoppel ,a final judgment or decree rendered in favor of the ,united ,states in any criminal proceeding brought by the ,united ,states under this section shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding1 but a prior criminal proceeding is not a prerequisite to the commencement of any civil action under this chapter or any other provision of law4 7c7 ,recordkeeping for adult advertisements 7#a7 ,adult advertising verification requirements ,subject to subsection 7b77#c77;,a71 any person who uses any means or facility of interstate or foreign commerce to sell1 commercially promote1 place1 or maintain an adult advertisement1 or a series of adult advertisements1 shall-- 7,a7 before selling1 commercially promoting1 or placing the adult advertisement1 or series of adult advertisements-- 7i7 verify the identity of each person purchasing advertisement space to post such adult advertisement1 or series of adult advertisements1 by-- 7,i7 obtaining confirmation of the identity of the person2 7,,ii7 obtaining a copy of a government-issued document containing a photograph1 the name1 and the date of birth of the person2 and 7,,iii7 obtaining such other indicia of the identity of the person as may be required by regulation2 and 7ii7 create and maintain for not less than #g years individually identifiable records pertaining to each person described in clause 7i7 that include the information described in clause 7i7 and such other identifying information as may be required by regulation2 7,b7 before selling1 commercially promoting1 or placing the adult advertisement1 or series of adult advertisements-- 7i7 verify the identity of each person depicted within such adult advertisement1 or series of adult advertisements1 by taking the actions described in subclauses 7,i7 through 7,,iii7 of subparagraph 7,a77i72 and 7ii7 create and maintain for not less than #g years individually identifiable records pertaining to each person described in clause 7i7 that include the information described in subparagraph 7,a77i7 and such other identifying information as may be required by regulation2 and 7,c7 before selling1 commercially promoting1 or placing the adult advertisement1 or series of adult advertisements-- 7i7 verify that each person whose goods or services are advertised by such adult advertisement1 or series of adult advertisements1 is not less than #ah years of age by obtaining such indicia of the identity of the person as may be required by regulation2 and 7ii7 create and maintain for not less than #g years individually identifiable records pertaining to information described in clause 7i7 that include such identifying information as may be required by regulation4 7#b7 ,recordkeeping ,any person to whom paragraph 7#a7 applies shall-- 7,a7 maintain the records required under paragraph 7#a7 at the business premises of the person1 or at such other place as the ,attorney ,general may by regulation prescribe2 and 7,b7 make the records available to the ,attorney ,general1 any designee of the ,attorney ,general1 the attorney general of a ,state1 and any designee of the attorney general of a ,state for inspection at all reasonable times4 7#c7 ,use of information 7,a7 ,in general ,no information or evidence obtained from a record required to be created or maintained by an individual under this subsection shall be used1 directly or indirectly1 as evidence against that individual in a criminal proceeding where such use would violate that individual's constitutional privilege against compulsory self-incrimination4 7,b7 ,exception ,information or evidence obtained from a record required to be created or maintained by an individual under this subsection may be used against the individual in a prosecution or other action for a violation of this subsection or for a violation of any applicable provision of law relating to the furnishing of false information4 7#d7 ,notice requirement 7,a7 ,in general ,any person to whom paragraph 7#a7 applies shall cause to be affixed to each adult advertisement sold1 commercially promoted1 placed1 or maintained by the person1 in such manner and in such form as the ,attorney ,general shall by regulation establish1 a statement describing where the records required by this subsection may be located with respect to each person depicted or advertised within such adult advertisement or series of adult advertisements4 7,b7 ,organizations ,if the person to whom paragraph 7#a7 applies is an organization1 the statement required by this paragraph shall include the name1 title1 and business address of the individual employed by the organization responsible for maintaining the records required by this subsection4 7#e7 ,regulations ,the ,attorney ,general shall issue appropriate regulations to carry out this section1 which shall include regulations directing any person to whom paragraph 7#a7 applies to take reasonable measures to ensure the means or facility of interstate or foreign commerce used by the person is not being used to facilitate prostitution or sexual exploitation of children by-- 7,a7 reviewing postings before they are published to ensure the postings do not offer minors for commercial sex or contain sexually explicit images of minors1 and immediately removing such postings2 7,b7 prohibiting the use of euphemisms and code words for1 or used as a part of1 a commercial exchange described in subsection 7a77#a77;,b72 7,c7 preventing the reposting of previously banned or removed postings or postings by persons who repeatedly post inappropriate content2 7,d7 requiring a person who posts an adult advertisement to provide a valid telephone number and credit card number 7regardless of whether a fee is charged for the posting72 7,e7 if a fee is charged for posting an adult advertisement1 prohibiting the use of anonymous payment methods1 including algorithm currencies1 virtual currencies1 prepaid cards1 and gift cards2 7,f7 requiring the reporting of any instances of apparent child sexual exploitation or online enticement of children to law enforcement agencies and the ,national ,center for ,missing and ,exploited ,children2 7,g7 including information in the means or facility of interstate or foreign commerce directing users to report information about the prostitution of children to the ,national ,center for ,missing and ,exploited ,children and the ,national ,human ,trafficking ,resource ,center2 and 7,h7 affixing to each adult advertisement placed or maintained on the means or facility of interstate or foreign commerce1 in such manner and in such form as the ,attorney ,general shall by regulation establish1 contact information regarding how to contact the ,cyber,tipline of the ,national ,center for ,missing and ,exploited ,children4 7#f7 ,criminal penalty 7,a7 ,in general ,any person to whom paragraph 7#a7 applies1 shall be fined not less than #bej1jjj and not more than #cej1jjj for each violation1 imprisoned not more than #e years1 or both1 if such person-- 7i7 fails to create or maintain the records as required by this subsection or by any regulation promulgated under this subsection2 7ii7 knowingly makes any false entry in or knowingly fails to make an appropriate entry in1 any record required by this subsection or any regulation promulgated under this section2 7iii7 knowingly fails to comply with the provisions of this subsection or any regulation promulgated under this section2 or 7iv7 refuses to permit the ,attorney ,general1 a designee of the ,attorney ,general1 the attorney general of a ,state1 or a designee of the attorney general of a ,state to conduct an inspection under this subsection4 7,b7 ,criminal penalty for repeat offenders ,in the case of a second or subsequent conviction of a violation described in subparagraph 7,a7 by a person to whom paragraph 7#a7 applies1 the person shall be fined not less than #cej1jjj and not more than #ejj1jjj for each such violation1 imprisoned for not more than #ae years1 or both4 4 7b7 ,criminal forfeiture ,section #ihb7;a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#i7 ,the court1 in sentencing a defendant convicted of an offense under section #aeia;,a1 shall order that the defendant forfeit to the ,united ,states any real or personal property-- 7,a7 used or intended to be used to commit1 to facilitate1 or to promote the commission of such offense2 and 7,b7 constituting1 derived from1 or traceable to the gross proceeds that the defendant obtained directly or indirectly as a result of the offense4 4 7c7 ,civil action ,section #aeie7;a7 of title #ah1 ,united ,states ,code1 is amended by inserting or person 7as defined in section #aeia;,a7 after individual4 7d7 ,extraterritorial jurisdiction ,section #aeif7;a7 of title #ah1 ,united ,states ,code1 is amended by striking or #aeia and inserting #aeia1 or #aeia;,a4 7e7 ,duty ,to report ,section #bbeh;,a of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7a77#b7 and inserting the following3 7#b7 ,facts or circumstances ,the facts or circumstances described in this paragraph are any facts or circumstances-- 7,a7 from which there is an apparent violation of-- 7i7 section #adff;,a2 7ii7 section #bbea1 #bbea;,a1 #bbeb1 #bbeb;,a1 #bbeb;,b1 or #bbfj that involves child pornography2 or 7iii7 section #bdbb7;b72 or 7,b7 that involve commercial sexual exploitation of children or online enticement of children4 2 7#b7 in subsection 7b77#a71 by striking violated a ,federal law described in subsection 7a77#b7 and inserting violated a ,federal law described in subsection 7a77#b77;,a7 or engaged in conduct described in subsection 7a77#b77;,b72 and 7#c7 by striking subsection 7e7 and inserting the following3 7e7 ,failure ,to report ,an electronic communication service provider or remote computing service provider that fails to make a report required under subsection 7a77#a71 with reckless disregard of the requirement to make a report required under subsection 7a77#a71 shall be fined-- 7#a7 in the case of an initial such failure to make a report1 not more than #bej1jjj2 and 7#b7 in the case of any second or subsequent such failure to make a report1 not more than #ejj1jjj4 4 7f7 ,false statements ,section #ajja7;a7 of title #ah1 ,united ,states ,code1 is amended1 in the matter following paragraph 7#c71 by adding at the end the following3 ,if the matter relates to an offense under section #aeia;,a1 the term of imprisonment imposed under this section shall be not more than #ae years44 7g7 ,technical and conforming amendment ,the table of sections for chapter #gg of title #ah1 ,united ,states ,code1 is amended by inserting1 after the item relating to section #aeia1 the following3 #aeia;,a4 ,commercial sexual exploitation4 4 #d4 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or any application of such provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of the provisions 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 affected4