,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #fiag ,,in ,,the ,,house ,,of ,,representatives ,september #bf1 #bjah,mr4 ,messer introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to protect victims of nonconsensual online distribution of sexually intimate images by providing for the expeditious removal of nonconsensual sexually intimate imagery on the ,internet1 to encourage responsible practices by online service providers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,remove ,explicit ,material ,offensive to ,victims ,expeditiously ,act of #bjah or the ,,remove ,act4 #b4 ,congressional findings ,congress finds the following3 7#a7 ,the ,internet and other communications technologies have generated tremendous benefits for consumers and businesses across all sectors of society4 ,the ,united ,states is a world leader in harnessing these benefits to advance the social and economic well-being of its citizens4 ,it is vital that ,u4,s4 law and policy support these advances and do not unduly restrict innovation or inhibit beneficial uses of these technologies4 7#b7 ,like all technologies1 the ,internet and other communications technologies can be misused by malicious actors4 ,these actors often target those in society who are most vulnerable1 including children1 the elderly1 and those whose circumstances make them particularly susceptible to fraud1 harassment1 or abuse4 7#c7 ,in recent years1 there has been a dramatic increase in the nonconsensual online distribution of images depicting the exposure of adult individuals' intimate body parts or depicting adult individuals engaged in sexually explicit conduct4 ,in many cases1 these adult individuals either did not consent to the creation of this imagery1 or had a reasonable expectation that such material would remain private4 7#d7 ,the nonconsensual distribution of sexually intimate imagery constitutes a gross violation of personal privacy and human dignity4 ,this distribution can have devastating impacts on individuals depicted in such imagery1 including on their professional lives1 personal relationships1 personal safety1 and emotional well-being4 ,persons who intentionally distribute private1 sexually intimate imagery often do so to humiliate1 degrade1 harass1 threaten1 or extort the individuals depicted4 7#e7 ,in some cases1 the nonconsensual distribution of sexually intimate imagery may violate ,federal or ,state civil or criminal law4 ,in this regard1 ,congress notes efforts by the ,federal ,trade ,commission to address the nonconsensual distribution of sexually explicit images through its powers under the ,federal ,trade ,commission ,act4 7#f7 ,those who perpetrate the nonconsensual distribution of sexually intimate images often rely on interactive computer services to facilitate such distribution4 ,this conduct may violate the terms of service or other terms imposed by providers of these services4 ,many providers have adopted policies1 standards and procedures pursuant to which they will remove or block access to nonconsensual sexually intimate images upon notice4 7#g7 ,it is in the public interest to incentivize providers of interactive computer services to adopt and enforce policies that are reasonably calculated to remove or block access through their services to sexually intimate imagery that has been distributed without the consent of one or more individuals depicted in that imagery4 #c4 ,requirement to remove nonconsensual sexually intimate imagery 7a7 ,rules required ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall prescribe rules in accordance with section #eec of title #e1 ,united ,states ,code1 that require the following3 7#a7 ,publication of ,registrations ,the ,commission to create and maintain a dedicated web page or other online resource1 located within or accessible through the public-facing website of the ,commission1 through which individuals may obtain the information submitted by registered providers in accordance with paragraph 7#b74 7#b7 ,provider registration requirements ,a provider to submit a registration with the ,commission by providing the following3 7,a7 ,current and accurate contact details of a single agent1 designated to receive the takedown request form described in subsection 7b71 who is authorized to act on the provider's behalf1 including the employment title or division1 email address or other online contact information1 and telephone number of the agent4 7,b7 ,the ,,url of the location at which an individual may obtain access to and submit to the designated agent of a provider a takedown request form that meets the requirements of subsection 7b74 7#c7 ,registration by ,commission ,not later than #g calendar days after the date on which the ,commission receives a registration that meets the requirements of paragraph 7#b71 the ,commission to register the provider by publishing the registration in accordance with paragraph 7#a74 7#d7 ,removal of nonconsensual sexually intimate imagery ,a designated agent of a provider to expeditiously review and remove sexually intimate imagery if requested by an individual identifiable in the imagery if-- 7,a7 a takedown request form that meets the requirements of subsection 7b7 is submitted to the designated agent of the provider2 7,b7 the designated agent of the provider can identify the imagery with reasonable certainty2 and 7,c7 the imagery was produced in a location with a reasonable expectation of privacy4 7#e7 ,standardized ,sexually ,intimate ,takedown ,request ,form ,the ,commission to provide on its public-facing web page or online resource as required under paragraph 7#a7 access to a standardized sexually intimate takedown request form that meets the requirements of subsection 7b74 7#f7 ,general guidance ,the ,commission to develop and implement a comprehensive awareness and educational campaign designed to-- 7,a7 provide guidance for providers that lack a process to expeditiously remove sexually intimate imagery from their services2 and 7,b7 inform ,internet users about the resources made available to them by providers to request removal of a sexually intimate images that have been distributed without the consent of one or more individuals depicted in such images4 7#g7 ,penalty for noncompliance ,penalties for a violation of this ,act or any rule prescribed under this ,act-- 7,a7 that are commensurate with the circumstance of the offense taking into account the totality of the circumstances2 7,b7 that are greater for repeat offenders2 and 7,c7 that are greater if the provider solicited the nonconsensual sexually intimate imagery or profited from the posting of such imagery4 7b7 ,requirements of sexually intimate takedown request form ,a sexually intimate takedown request form satisfies the requirements of this subsection if the form requires an individual seeking removal of sexually intimate imagery distributed without consent of the submitter that is available or accessible through a provider's service to submit the following information in writing to the designated agent of the provider as described under subsection 7a77#b77;,a73 7#a7 ,a ,,url for each location where a sexually intimate image depicting the submitter appears on the provider's service4 7#b7 ,an affirmation that the submitter had a reasonable expectation of privacy in the location in which each image was taken or recorded4 7#c7 ,a description of any other private information that appears in the images4 7#d7 ,an affirmation that the submitter did not consent to the distribution of the images on the provider's service4 7#e7 ,a statement about whether the submitter has sought one or more protective measures in connection with any individual who took or recorded the images1 any other individual who appears in the images1 or any individual responsible for the distribution of the images4 7#f7 ,an attestation that the submitter appears in the images and that all information provided in the takedown request form is true and accurate to the best of the submitter's knowledge4 7c7 ,incentives for responsible provider action 7#a7 ,in general ,no cause of action shall lie in any court against any provider 7including any officer1 employee1 or agent7 if the provider meets the registration requirements under subsection 7a77#b7-- 7,a7 for any decision about whether to remove sexually intimate images that the provider makes in a good-faith response to the submission of a takedown request form that meets the requirements of subsection 7b72 and 7,b7 based on any knowledge obtained in the course of the provider's good-faith processing of an individual's takedown request form if-- 7i7 the ,commission has registered the provider under subsection 7a77#c72 and 7ii7 the provider adheres to a publicly accessible policy reasonably calculated to remove or disable access through the services of the provider to the sexually intimate images that have been distributed without the consent of one or more individuals who appear in the images4 7#b7 ,policy defined ,in this subsection1 the term policy means a publicly accessible document that describes how an individual may submit a takedown request for sexually intimate imagery1 which may be included in the terms of service1 a statement of community standards1 or other document4 7#c7 ,rule of construction ,paragraph 7#a7 shall not be construed to-- 7,a7 impair the enforcement of any ,federal criminal statute2 7,b7 limit or expand any law pertaining to intellectual property2 7,c7 limit or expand section #bcj7;c77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;c77#a772 or 7,d7 subject a provider that meets the requirements under subsection 7a77#b7 to civil liability under ,state law for not removing sexually intimate imagery4 #d4 ,enforcement by the ,federal ,trade ,commission 7a7 ,unfair or deceptive acts or practices ,a violation of a rule prescribed under section #c7;a7 shall be treated as a violation of a rule prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b77 regarding unfair or deceptive acts or practices4 7b7 ,powers of ,commission ,the ,commission shall enforce the rules prescribed under section #c7;a7 in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 ,any violation of such a rule shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act4 #e4 ,study by the ,commission 7a7 ,evaluation ,not later than #e years after the date of the enactment of this ,act1 the ,commission shall conduct a study and submit to ,congress a report that-- 7#a7 provides a detailed analysis of the effectiveness of the takedown request policies and procedures of providers that have registered with the ,commission under section #c2 7#b7 evaluates whether these policies and procedures have had a material impact in diminishing the public availability of1 and access to1 sexually intimate images distributed without the consent of one or more individuals appearing in such images2 and 7#c7 makes recommendations to ,congress1 as appropriate1 on ways in which the provisions of this ,act should be updated to take account of new technologies or new avenues through which such sexually intimate images are distributed4 7b7 ,stakeholder input ,the ,commission shall prepare the study required under subsection 7a7 by working with industry1 victim and victim support groups1 and other stakeholders4 #f4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,image2 imagery ,the term image or imagery means a photograph1 film1 video1 or other reprographic representation of an individual1 whether recorded or live4 7#c7 ,interactive computer service ,the term interactive computer service has the meaning given that term in section #bcj7;f7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f774 7#d7 ,protective measure ,the term protective measure means a restraining order1 court order1 police report1 contact with an appropriate victim's advocacy organization1 or other measure or conduct reasonably intended to protect the individual seeking the measure against another individual responsible for or associated with a sexually intimate image that is the subject of a takedown request form4 7#e7 ,provider ,the term provider means a provider of an interactive computer service4 7#f7 ,sexually explicit conduct ,the term sexually explicit conduct has the meaning given that term in section #bbef7b77;,a7 of title #ah1 ,united ,states ,code4 7#g7 ,single agent ,the term single agent means one individual or entity authorized by a provider pursuant to section #c7;a77#b77;,a71 which may include an individual1 a specific position or title held by an individual1 a specific department within the provider's organization1 or a third-party entity4 7#h7 ,sexually intimate image2 sexually intimate imagery ,the terms sexually intimate image and sexually intimate imagery mean an image of a individual that depicts-- 7,a7 a nude intimate body part2 or 7,b7 sexually explicit conduct4 7#i7 ,submitter ,the term submitter means the individual who submits a sexually intimate image takedown request form to a provider4 7#aj7 ,takedown request ,the term takedown request means a request to remove or block access to a sexually intimate image that depicts the individual submitting the request but was distributed without the explicit consent of the individual to public distribution4 7#aa7 ,,url ,the term ,,url means the address of an ,internet web page or an item generally available on the ,internet1 such as a file4