,,ii  #aafth ,,congress  #b;d ,session  
,s4 #ejed  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #ag1 
#bjbj,mr4 ,merkley 7for himself and ,mr4
 ,sasse7 introduced the following bill2 
which was read twice and referred to the
 ,committee on ,commerce1 ,science1 and 
,transportation  ,a ,,bill  ,to prevent 
the uploading of pornographic images to 
online platforms without the consent of 
the individuals in the images4  #a4     
,short title ,this ,act may be cited as 
the ,stop ,internet ,sexual             
,exploitation ,act4  #b4 ,definitions   
7a7 ,in general ,in this ,act-- 7#a7 the
 term ,commission means the ,federal    
,trade ,commission2  7#b7 the term      
covered platform means an online        
platform that hosts and makes available 
to the general public pornographic      
images2 and  7#c7 the term pornographic 
image means any visual depiction1       
including any photograph1 film1 video1  
picture1 or computer or                 
computer-generated image or picture1    

whether made or produced by electronic1 
mechanical1 or other means1 of sexually 
explicit conduct4  7b7 ,terms defined in
 section #bbef of title #ah1 ,united    
,states ,code ,for purposes of          
subsection 7a77#c71 the terms computer1 
sexually explicit conduct1 and visual   
depiction have the meanings given those 
terms in section #bbef of title #ah1    
,united ,states ,code4  #c4 ,duties of  
online platforms that host pornography  
7a7 ,upload requirements  7#a7 ,in      
general ,a covered platform shall       
require any user who uploads a          
pornographic image to the platform to-- 
7,a7 verify-- 7i7 the identity of the   
user2 and  7ii7 that the user is not    
less than the minimum age required to   
consent to sexual acts under the law of 
the ,state in which the user resides2   
and  7,b7 upload a signed consent form  
from each individual appearing in the   
pornographic image that includes-- 7i7  
the name and electronic signature of the
 individual2  7ii7 a statement that the 

consent is for distribution of the      
specific pornographic image2 and  7iii7 
the geographic area for which the       
individual consents to distribution of  
the pornographic image4  7#b7 ,effective
 date2 applicability ,paragraph 7#a7    
shall-- 7,a7 take effect on the date    
that is #ad days after the date of      
enactment of this ,act2 and  7,b7 apply 
to any pornographic image uploaded to a 
covered platform before1 on1 or after   
that effective date4  7b7 ,means of     
removal  7#a7 ,notice ,a covered        
platform shall display a notice on the  
website or mobile application of the    
platform1 in the form of a prominently  
visible banner1 that provides           
instructions on how an individual or an 
authorized representative of an         
individual1 or a law enforcement        
officer1 can request removal of a       
pornographic image from the platform1   
including through the hotline required  
under paragraph 7#b71 if the individual 
appears in the pornographic image and   

has not consented to the pornographic   
image being uploaded to the platform4   
7#b7 ,hotline  7,a7 ,in general ,a      
covered platform shall operate a        
#bd-;hour telephone hotline that an     
individual or an authorized             
representative of an individual1 or a   
law enforcement officer1 can contact to 
request removal of a pornographic image 
from the platform if the individual     
appears in the pornographic image and   
has not consented to the pornographic   
image being uploaded to the platform4   
7,b7 ,fraudulent claims ,it shall be    
unlawful for an individual to abuse a   
hotline described in subparagraph 7,a7  
by submitting fraudulent claims4  7#c7  
,timing of removal ,if a covered        
platform receives notice through any    
mechanism offered by the platform as    
described in paragraph 7#a7 that a      
pornographic image has been uploaded to 
the platform without the consent of an  
individual who appears in the           
pornographic image1 the platform shall  

remove the pornographic image from the  
platform as quickly as possible1 and in 
any event not later than #b hours after 
receiving the notice4  7c7 ,prohibition 
on downloads ,on and after the date that
 is #ij days after the date of enactment
 of this ,act1 a covered platform may   
not permit the download to a retrievable
 data file of any pornographic image    
from the platform4  7d7 ,blocking       
re-,uploads ,on and after the date that 
is #ahj days after the date of enactment
 of this ,act1 a covered platform shall 
block any pornographic image that has   
been removed from the platform in       
accordance with this section from being 
re-uploaded to the platform4  7e7       
,enforcement by ,federal ,trade         
,commission  7#a7 ,unfair or deceptive  
acts or practices ,a violation of this  
section shall be treated as a violation 
of a rule defining an unfair or         
deceptive act or practice under section 
#ah7;a77#a77;,b7 of the ,federal ,trade 
,commission ,act 7#ae ,u4,s4,c4         

#eg;a7a77#a77;,b774  7#b7 ,powers of    
,commission  7,a7 ,in general ,except as
 provided in subparagraph 7,c71 the     
,commission shall enforce this section  
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  7,b7         
,privileges and immunities ,except as   
provided in subparagraph 7,c71 any      
person who violates this section shall  
be subject to the penalties and entitled
 to the privileges and immunities       
provided in the ,federal ,trade         
,commission ,act 7#ae ,u4,s4,c4 #da et  
seq474  7,c7 ,nonprofit organizations   
and common carriers ,notwithstanding    
section #d1 #e7;a77#b71 or #f of the    
,federal ,trade ,commission ,act 7#ae   
,u4,s4,c4 #dd1 #de7;a77#b71 #df7 or any 
jurisdictional limitation of the        
,commission1 the ,commission shall also 

enforce this section1 in the same manner
 provided in subparagraphs 7,a7 and 7,b7
 of this paragraph1 with respect to--   
7i7 organizations not organized to carry
 on business for their own profit or    
that of their members2 and  7ii7 common 
carriers subject to the ,communications 
,act of #aicd 7#dg ,u4,s4,c4 #aea et    
seq47 and any ,act amendatory thereof or
 supplementary thereto4  7#c7           
,substantial compliance ,the ,commission
 may elect not to enforce a violation of
 this section by a covered platform that
 has demonstrated substantial compliance
 with this section4  #d4 ,database  7a7 
,establishment ,not later than #ij days 
after the date of enactment of this     
,act1 the ,attorney ,general shall      
establish a database of individuals who 
have indicated that they do not consent 
to the uploading to any covered platform
 of any pornographic images in which the
 individuals appear4  7b7 ,personally   
identifiable information ,the ,attorney 
,general shall protect the personally   

identifiable information of any         
individual listed in the database       
established under subsection 7a74  7c7  
,verification by platforms required     
,before allowing a pornographic image to
 be uploaded to a covered platform1 the 
platform shall ensure that no individual
 who appears in the pornographic image  
is listed in the database established   
under subsection 7a74  7d7 ,civil       
penalty  7#a7 ,in general ,the ,attorney
 ,general shall impose a civil penalty  
on any covered platform that violates   
subsection 7c7 in an amount of not more 
than #a1jjj for each day or fraction    
thereof during which a pornographic     
image is hosted on the platform in      
violation of that subsection4  7#b7 ,use
 of funds ,the ,attorney ,general shall 
use the proceeds of a civil penalty     
imposed under paragraph 7#a7 for        
services to individuals whose image is  
uploaded to a covered platform in       
violation of this ,act4  7e7            
,regulations ,not later than #ij days   

after the date of enactment of this     
,act1 the ,attorney ,general shall      
promulgate regulations specifying-- 7#a7
 where the database established under   
subsection 7a7 will be housed2 and  7#b7
 an entity1 whether an office of the    
,department of ,justice or a nonprofit  
organization that receives a grant from 
the ,department1 that can connect       
individuals listed in the database with 
services1 including mental health       
counseling1 medical treatment1 and legal
 services4  #e4 ,private right of action
  7a7 ,in general ,if a user of a       
covered platform uploads a pornographic 
image of an individual to the platform  
without the consent of the individual1  
the individual may bring a civil action 
against the user in an appropriate      
district court of the ,united ,states4  
7b7 ,strict liability ,in a civil action
 brought against a user of a covered    
platform under subsection 7a71 unless   
the user can prove bona fide consent    
from the plaintiff1 the user shall be   

strictly liable to the plaintiff4  #f4  
,relation to ,communications ,decency   
,act ,nothing in this ,act shall be     
construed to affect section #bcj of the 
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #bcj74