,,ii #aagth ,,congress #b;d ,session ,s4 #ebei ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ad1 #bjbb,mr4 ,lee introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require certain interactive computer services to adopt and operate technology verification measures to ensure that users of the platform are not minors1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,shielding ,children's ,retinas from ,egregious ,exposure on the ,net ,act or the ,,screen ,act4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress finds the following3 7#a7 ,over the #c decades preceding the date of enactment of this ,act1 ,congress has passed several bills to protect minors from access to online pornographic content1 including title ,v of the ,telecommunications ,act of #aiif 7,public ,law #ajd-ajd7 7commonly known as the ,communications ,decency ,act71 section #bca of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bca7 7commonly known as the ,child ,online ,protection ,act71 and the ,children's ,internet ,protection ,act 7title ,,xvii of division ,b of ,public ,law #ajf-eed74 7#b7 ,with the exception of the ,children's ,internet ,protection ,act 7title ,,xvii of division ,b of ,public ,law #ajf-eed71 the ,supreme ,court of the ,united ,states has struck down the previous efforts of ,congress to shield children from pornographic content1 finding that such legislation constituted a compelling government interest but that it was not the least restrictive means to achieve such interest4 ,in ,ashcroft v4 ,,aclu1 #edb ,u4,s4 #fef 7#bjjd71 the ,court even suggested at the time that blocking and filtering software could conceivably be a primary alternative to the requirements passed by ,congress4 7#c7 ,in the nearly #b decades since the ,supreme ,court of the ,united ,states suggested the use of blocking and filtering software1 such technology has proven to be ineffective in protecting minors from accessing online pornographic content4 ,the ,kaiser ,family ,foundation has found that filters do not work on #a in #aj pornography sites accessed intentionally and #a in #c pornography sites that are accessed unintentionally4 ,further1 it has been proven that children are able to bypass blocking and filtering software by employing strategic searches or measures to bypass the software completely4 7#d7 ,additionally1 ,pew ,research has revealed studies showing that only #ci-percent of parents use blocking or filtering software for their minor's online activities1 meaning that #fa-percent of children only have restrictions on their internet access when they are at school or at a library4 7#e7 #ag ,states have now recognized pornography as a public health hazard that leads to a broad range of individual harms1 societal harms1 and public health impacts4 7#f7 ,it is estimated that #hj-percent of minors between the ages of #ab to #ag have been exposed to pornography1 with #ed-percent of teenagers seeking it out4 ,the internet is the most common source for minors to access pornography with pornographic websites receiving more web traffic in the ,united ,states than ,twitter1 ,netflix1 ,pinterest1 and ,linked,in combined4 7#g7 ,exposure to online pornography has created unique psychological effects for minors1 including anxiety1 addiction1 low self-esteem1 body image disorders1 an increase in problematic sexual activity at younger ages1 and an increased desire among minors to engage in risky sexual behavior4 7#h7 ,the ,supreme ,court of the ,united ,states has recognized on multiple occasions that ,congress has a compelling government interest to protect the physical and psychological well-being of minors1 which includes shielding them from indecent content that may not necessarily be considered obscene by adult standards4 7#i7 ,because blocking and filtering software has not produced the results envisioned nearly #b decades ago1 it is necessary for ,congress to pursue alternative policies to enable the protection of the physical and psychological well-being of minors4 7#aj7 ,the evolution of our technology has now enabled the use of age verification technology that is cost efficient1 not unduly burdensome1 and can be operated narrowly in a manner that ensures only adults have access to a website's online pornographic content4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 shielding minors from access to online pornographic content is a compelling government interest that protects the physical and psychological well-being of minors2 and 7#b7 requiring interactive computer services that are in the business of creating1 hosting1 or making available pornographic content to enact technological measures that shield minors from accessing pornographic content on their platforms is the least restrictive means for ,congress to achieve its compelling government interest4 #c4 ,definitions ,in this ,act3 7#a7 ,child pornography2 minor ,the terms child pornography and minor have the meanings given those terms in section #bbef of title #ah1 ,united ,states ,code4 7#b7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#c7 ,covered platform ,the term covered platform-- 7,a7 means an entity-- 7i7 that is an interactive computer service2 7ii7 that-- 7,i7 is engaged in interstate or foreign commerce2 or 7,,ii7 purposefully avails itself of the ,united ,states market or a portion thereof2 and 7iii7 for which it is in the regular course of the trade or business of the entity to create1 host1 or make available content that meets the definition of harmful to minors under paragraph 7#d7 and that is provided by the entity1 a user1 or other information content provider1 with the objective of earning a profit2 and 7,b7 includes an entity described in subparagraph 7,a7 regardless of whether-- 7i7 the entity earns a profit on the activities described in subparagraph 7,a77iii72 or 7ii7 creating1 hosting1 or making available content that meets the definition of harmful to minors under paragraph 7#d7 is the sole source of income or principal business of the entity4 7#d7 ,harmful to minors ,the term harmful to minors1 with respect to a picture1 image1 graphic image file1 film1 videotape1 or other visual depiction1 means that the picture1 image1 graphic image file1 film1 videotape1 or other depiction-- 7,a7 7i7 taken as a whole and with respect to minors1 appeals to the prurient interest in nudity1 sex1 or excretion2 7ii7 depicts1 describes1 or represents1 in a patently offensive way with respect to what is suitable for minors1 an actual or simulated sexual act or sexual contact1 actual or simulated normal or perverted sexual acts1 or lewd exhibition of the genitals2 and 7iii7 taken as a whole1 lacks serious1 literary1 artistic1 political1 or scientific value as to minors2 7,b7 is obscene2 or 7,c7 is child pornography4 7#e7 ,information content provider2 interactive computer service ,the terms information content provider and interactive computer service have the meanings given those terms in section #bcj7;f7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f774 7#f7 ,sexual act2 sexual contact ,the terms sexual act and sexual contact have the meanings given those terms in section #bbdf of title #ah1 ,united ,states ,code4 7#g7 ,technology verification measure ,the term technology verification measure means technology that-- 7,a7 employs a system or process to determine whether it is more likely than not that a user of a covered platform is a minor2 and 7,b7 prevents access by minors to any content on a covered platform4 #d4 ,technology verification measures 7a7 ,rule making ,the ,commission shall-- 7#a7 not later than #cj days after the date of enactment of this ,act1 issue a notice of proposed rule making to require covered platforms to adopt and operate technology verification measures on the platform to ensure that-- 7,a7 users of the covered platform are not minors2 and 7,b7 minors are prevented from accessing any content on the covered platform that is harmful to minors2 and 7#b7 not later than #a year after issuing the notice of proposed rule making under paragraph 7#a71 issue the final rule4 7b7 ,requirements ,the rule described in subsection 7a7 shall-- 7#a7 set the applicable verification standards and metrics to which a covered platform using a technology verification measure is required to adhere when determining whether it is more likely than not that a user of the covered platform is not a minor2 7#b7 require covered platforms to-- 7,a7 adopt technology verification measures that adhere to the standards and metrics set by the ,commission under paragraph 7#a72 and 7,b7 make publicly available the verification process that the covered platform is employing to comply with the requirements under this ,act2 7#c7 provide that requiring a user to confirm that the user is not a minor shall not be sufficient to satisfy the requirements under subparagraphs 7,a7 and 7,b7 of subsection 7a77#a72 7#d7 subject the ,internet ,protocol 7,,ip7 addresses of all users1 including known virtual proxy network ,,ip addresses1 of a covered platform to the requirements described in subparagraphs 7,a7 and 7,b7 of subsection 7a77#a7 unless the covered platform 7or third-party described in paragraph 7#f771 according to standards set by the ,commission1 determines based on available technology a user is not located within the ,united ,states2 7#e7 permit covered platforms to choose the technology verification measure that ensures the verification of users in accordance with the standards and metrics set by the ,commission under paragraph 7#a71 provided that the technology verification measure employed by the covered platform prohibits a minor from accessing the platform or any information on the platform that is obscene1 child pornography1 or harmful to minors2 7#f7 permit covered platforms to contract with a third-party to employ a technology verification measures1 and provide that use of such a third-party shall not relieve the covered platform of the requirements under subparagraphs 7,a7 and 7,b7 of subsection 7a77#a7 or the enforcement actions described in section #f2 7#g7 require the ,commission to establish a process for each covered platform to submit only such documents or other materials as are necessary for the ,commission to ensure full compliance with the requirements of the rule2 and 7#h7 require the ,commission to-- 7,a7 conduct regular audits of covered platforms to ensure compliance with the requirements under this subsection2 and 7,b7 make public the terms and processes for the audits conducted under subparagraph 7,a71 including the processes for any third-party conducting an audit on behalf of the ,commission4 7c7 ,compliance 7#a7 ,deadline ,not later than #ahj days after the date on which the final rule is issued under subsection 7a77#b71 each covered platform shall comply with the requirements under the final rule4 7#b7 ,appropriate documents1 materials1 and measures ,the ,commission shall prescribe the appropriate documents1 materials1 or other measures required to ensure full compliance with the requirements of the final rule issued under subsection 7a77#b74 7d7 ,contracting with third parties ,the ,commission may create a process to contract with independent third-party auditors to conduct regular audits on behalf of the ,commission under subsection 7b77#h74 7e7 ,rule of construction ,nothing in this section shall be construed to require a covered platform to submit any information that identifies1 is linked to1 or is reasonably linkable to a user of the covered platform or a device that is linked or reasonable linkable to a user of the covered platform4 #e4 ,consultation requirements ,in issuing the rule required under section #d1 the ,commission shall consult with the following individuals1 including with respect to the applicable standards and metrics for making a determination on whether it is more likely than not that a user of a covered platform is not a minor3 7#a7 ,individuals with experience in computer science and software engineering4 7#b7 ,individuals with experience in-- 7,a7 advocating for online child safety2 or 7,b7 providing services to minors who have been victimized by online child exploitation4 7#c7 ,individuals with experience in consumer protection and online privacy4 7#d7 ,individuals who supply technology verification measure products or have expertise in technology verification measure solutions4 7#e7 ,individuals with experience in data security and cryptography4 #f4 ,civil penalty for violations 7a7 ,notification ,if the ,commission has a sound basis to conclude that a covered platform has violated the final rule issued under section #d1 the ,commission shall notify the covered platform with a brief description of the specific violation with recommended measures to correct the violation4 7b7 ,penalty 7#a7 ,in general ,a covered platform that has not provided evidence of compliance or corrected a violation that has been noticed by the ,commission under subsection 7a7 within #gb hours of the receipt of such notice shall be subject to a civil penalty in an amount that is not more than #be1jjj per violation4 7#b7 ,separate violations ,for the purposes of paragraph 7#a71 each day of violation of the final rule issued under section #d shall constitute a separate violation4 7#c7 ,appeal ,a covered platform may appeal any civil penalty issued by the ,commission under this subsection in an appropriate district court of the ,united ,states4 7#d7 ,use of amounts ,any amounts collected under this subsection shall be used by the ,commission to carry out enforcement of the final rule issued under section #d4 7c7 ,enforcement ,the ,commission may-- 7#a7 file a claim in an appropriate district court of the ,united ,states to enforce this section2 7#b7 seek a temporary or permanent injunction from an appropriate district court of the ,united ,states on such terms as the court deems reasonable to prevent or restrain a violation of the final rule issued under section #d2 7#c7 after #cj days of non-compliance with section #d and a demonstration of a lack of good faith on the part of the covered platform to comply with section #d1 seek a permanent or temporary injunction to restrict the operation of the covered platform within the ,united ,states2 and 7#d7 after #cj days of non-compliance with section #d and a demonstration of a lack of good faith on the part of the covered platform to comply with section #d1 seek an order to allow the ,commission to prohibit a covered platform from engaging in any online economic transactions within the ,united ,states4 7d7 ,duration ,the terms of an injunction or an order issued under paragraph 7#b71 7#c71 or 7#d7 of subsection 7c7 with respect to a covered platform shall only be valid until such time as the covered platform demonstrates to the ,commission full compliance with the requirements of the final rule issued under section #d4 #g4 ,,gao report ,not later than #b years after the date on which covered platforms are required to comply with the final rule issued under section #d7;a77#b71 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that includes-- 7#a7 an analysis of the effectiveness of the technology verification measures required under the final rule2 7#b7 recommendations to the ,commission for improvements to the final rule2 and 7#c7 recommendations to ,congress on future legislative improvements4 #h4 ,severability clause ,if any provision of this ,act1 or the application of such a provision to any person or circumstance1 is held to be unconstitutional1 the remaining provisions of this ,act1 and the application of such provisions to any other person or circumstance1 shall not be affected thereby4