,i #aahth ,,congress #b;d ,session ,h4 ,r4 #gidi ,,in ,,the ,,house ,,of ,,representatives ,april #aa1 #bjbd,ms4 ,garcia of ,texas 7for herself and ,mr4 ,moore of ,alabama7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to combat the sexual exploitation of children by supporting victims and promoting accountability and transparency by the tech industry4 #a4 ,short title ,this ,act may be cited as the ,strengthening ,transparency and ,obligations to ,protect ,children ,suffering from ,abuse and ,mistreatment ,act of #bjbd or the ,,stop ,,csam ,act of #bjbd4 #b4 ,protecting child victims and witnesses in ,federal court 7a7 ,in general ,section #ceji of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b77;,a71 by striking or exploitation and inserting exploitation1 or kidnapping1 including international parental kidnapping2 7,b7 in paragraph 7#c71 by striking physical or mental injury and inserting physical injury1 psychological abuse2 7,c7 by striking paragraph 7#e7 and inserting the following3 7#e7 the term psychological abuse includes-- 7,a7 a pattern of acts1 threats of acts1 or coercive tactics intended to degrade1 humiliate1 intimidate1 or terrorize a child2 and 7,b7 the infliction of trauma on a child through-- 7i7 isolation2 7ii7 the withholding of food or other necessities in order to control behavior2 7iii7 physical restraint2 or 7iv7 the confinement of the child without the child's consent and in degrading conditions2 2 7,d7 in paragraph 7#f71 by striking child prostitution and inserting child sex trafficking2 7,e7 by striking paragraph 7#g7 and inserting the following3 7#g7 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 abuse1 composed of representatives from-- 7,a7 health1 social service1 and legal service agencies that represent the child2 7,b7 law enforcement agencies and prosecutorial offices2 and 7,c7 children's advocacy centers2 2 7,f7 in paragraph 7#i77;,d7-- 7i7 by striking genitals and inserting anus1 genitals12 and 7ii7 by striking or animal2 7,g7 in paragraph 7#aa71 by striking and at the end2 7,h7 in paragraph 7#ab7-- 7i7 by striking the term child abuse does not and inserting the terms physical injury and psychological abuse do not2 and 7ii7 by striking the period and inserting a semicolon2 and 7,i7 by adding at the end the following3 7#ac7 the term covered person means a person of any age who-- 7,a7 is or is alleged to be-- 7i7 a victim of a crime of physical abuse1 sexual abuse1 exploitation1 or kidnapping1 including international parental kidnapping2 or 7ii7 a witness to a crime committed against another person2 and 7,b7 was under the age of #ah when the crime described in subparagraph 7,a7 was committed2 7#ad7 the term protected information1 with respect to a covered person1 includes-- 7,a7 personally identifiable information of the covered person1 including-- 7i7 the name of the covered person2 7ii7 an address2 7iii7 a phone number2 7iv7 a user name or identifying information for an online1 social media1 or email account2 and 7v7 any information that can be used to distinguish or trace the identity of the covered person1 either alone or when combined with other information that is linked or linkable to the covered person2 7,b7 medical1 dental1 behavioral1 psychiatric1 or psychological information of the covered person2 7,c7 educational or juvenile justice records of the covered person2 and 7,d7 any other information concerning the covered person that is deemed protected information by order of the court under subsection 7d77#e72 and 7#ae7 the term child pornography has the meaning given the term in section #bbef7h74 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,c71 by striking minor and inserting child2 and 7,b7 in paragraph 7#b7-- 7i7 in the heading1 by striking ,videotaped and inserting ,recorded2 7ii7 in subparagraph 7,a71 by striking that the deposition be recorded and preserved on videotape and inserting that a video recording of the deposition be made and preserved2 7iii7 in subparagraph 7,b7-- 7,i7 in clause 7ii71 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 preserved2 7,,ii7 in clause 7iii7-- 7aa7 in the matter preceding subclause 7,i71 by striking videotape and inserting recorded2 and 7bb7 in subclause 7,,iv71 by striking videotape and inserting recording2 and 7,,iii7 in clause 7v7-- 7aa7 in the heading1 by striking videotape and inserting video recording2 7bb7 in the first sentence1 by striking made and preserved on video tape and inserting recorded and preserved2 and 7cc7 in the second sentence1 by striking videotape and inserting video recording2 7iv7 in subparagraph 7,c71 by striking child's videotaped and inserting video recording of the child's2 7v7 in subparagraph 7,d7-- 7,i7 by striking videotaping and inserting deposition2 and 7,,ii7 by striking videotaped and inserting recorded2 7vi7 in subparagraph 7,e71 by striking videotaped and inserting recorded2 and 7vii7 in subparagraph 7,f71 by striking videotape each place the term appears and inserting video recording2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a77;,a7-- 7i7 in clause 7i71 by striking the name of or any other information concerning a child and inserting a covered person's protected information2 and 7ii7 in clause 7ii7-- 7,i7 by striking documents described in clause 7i7 or the information in them that concerns a child and inserting a covered person's protected information2 and 7,,ii7 by striking 1 have reason to know such information and inserting 7including witnesses or potential witnesses71 have reason to know each item of protected information to be disclosed2 7,b7 in paragraph 7#b7-- 7i7 by striking the name of or any other information concerning a child each place the term appears and inserting a covered person's protected information2 7ii7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and adjusting the margins accordingly2 7iii7 by striking ,all papers and inserting the following3 7,a7 ,in general ,all papers 2 and 7iv7 by adding at the end the following3 7,b7 ,enforcement of violations ,the court may address a violation of subparagraph 7,a7 in the same manner as disobedience or resistance to a lawful court order under section #dja7c74 2 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7-- 7,i7 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 disclosure2 and 7,,ii7 by striking 1 if the court determines that there is a significant possibility that such disclosure would be detrimental to the child2 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i7-- 7aa7 by striking a child witness1 and the testimony of any other witness and inserting any witness2 and 7bb7 by striking the name of or any other information concerning a child and inserting a covered person's protected information2 and 7,,ii7 in clause 7ii71 by striking child and inserting covered person2 and 7iii7 by adding at the end the following3 7,c7 7i7 ,for purposes of this paragraph1 there shall be a presumption that public disclosure of a covered person's protected information would be detrimental to the covered person4 7ii7 ,the court shall deny a motion for a protective order under subparagraph 7,a7 only if the court finds that the party opposing the motion has rebutted the presumption under clause 7i7 of this subparagraph4 2 7,d7 in paragraph 7#d7-- 7i7 by striking ,this subsection and inserting the following3 7,a7 ,disclosure to certain parties ,this subsection 2 7ii7 in subparagraph 7,a71 as so designated-- 7,i7 by striking the name of or other information concerning a child and inserting a covered person's protected information2 and 7,,ii7 by striking or an adult attendant1 or to and inserting an adult attendant1 a law enforcement agency for any intelligence or investigative purpose1 or2 and 7iii7 by adding at the end the following3 7,b7 ,request for public disclosure ,if any party requests public disclosure of a covered person's protected information to further a public interest1 the court shall deny the request unless the court finds that-- 7i7 the party seeking disclosure has established that there is a compelling public interest in publicly disclosing the covered person's protected information2 7ii7 there is a substantial probability that the public interest would be harmed if the covered person's protected information is not disclosed2 7iii7 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 information2 and 7iv7 there is no alternative to public disclosure of the covered person's protected information that would adequately protect the public interest4 2 and 7,e7 by adding at the end the following3 7#e7 ,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 personal1 sensitive1 or identifying that it should be subject to the protections and presumptions under this subsection4 2 7#d7 by striking subsection 7f7 and inserting the following3 7f7 ,victim impact statement 7#a7 ,probation officer ,in preparing the presentence report pursuant to rule #cb7;c7 of the ,federal ,rules of ,criminal ,procedure1 the probation officer shall request information from the multidisciplinary child abuse team1 if applicable1 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 offense4 7#b7 ,guardian ad litem ,a guardian ad litem appointed under subsection 7h7 shall-- 7,a7 make every effort to obtain and report information that accurately expresses the views of a child victim1 and the views of family members as appropriate1 concerning the impact of the offense2 and 7,b7 use forms that permit a child victim to express the child's views concerning the personal consequences of the offense1 at a level and in a form of communication commensurate with the child's age and ability4 2 7#e7 in subsection 7h71 by adding at the end the following3 7#d7 ,authorization of appropriations 7,a7 ,in general ,there is authorized to be appropriated to the ,united ,states courts to carry out this subsection #be1jjj1jjj for each fiscal year4 7,b7 ,supervision of payments ,payments from appropriations authorized under subparagraph 7,a7 shall be made under the supervision of the ,director of the ,administrative ,office of the ,united ,states ,courts4 2 7#f7 in subsection 7i7-- 7,a7 by striking ,a child testifying at or attending a judicial proceeding and inserting the following3 7#a7 ,in general ,a child testifying at a judicial proceeding1 including in a manner described in subsection 7b71 2 7,b7 in paragraph 7#a71 as so designated-- 7i7 in the third sentence1 by striking proceeding and inserting testimony2 and 7ii7 by striking the fifth sentence2 and 7,c7 by adding at the end the following3 7#b7 ,recording ,if the adult attendant is in close physical proximity to or in contact with the child while the child testifies-- 7,a7 at a judicial proceeding1 a video recording of the adult attendant shall be made and shall become part of the court record2 or 7,b7 in a manner described in subsection 7b71 the adult attendant shall be visible on the closed-circuit television or in the recorded deposition4 7#c7 ,covered persons attending proceeding ,a covered person shall have the right to be accompanied by an adult attendant when attending any judicial proceeding4 2 7#g7 in subsection 7j7-- 7,a7 by striking child each place the term appears and inserting covered person2 and 7,b7 in the fourth sentence-- 7i7 by striking and the potential and inserting 1 the potential2 7ii7 by striking child's and inserting covered person's2 and 7iii7 by inserting before the period at the end the following3 1 and the necessity of the continuance to protect the defendant's rights2 7#h7 in subsection 7k71 by striking child each place the term appears and inserting covered person2 7#i7 in subsection 7l71 by striking child each place the term appears and inserting covered person2 and 7#aj7 in subsection 7m7-- 7,a7 by striking 7as defined by section #bbef of this title7 each place it appears2 7,b7 in paragraph 7#a71 by inserting and any civil action brought under section #bbee or #bbee;,a after any criminal proceeding2 7,c7 in paragraph 7#b71 by adding at the end the following3 7,c7 7i7 ,notwithstanding ,rule #bf of the ,federal ,rules of ,civil ,procedure1 a court shall deny1 in any civil action brought under section #bbee or #bbee;,a1 any request by any party to copy1 photograph1 duplicate1 or otherwise reproduce any property or material that constitutes child pornography4 7ii7 ,in a civil action brought under section #bbee or #bbee;,a1 for purposes of paragraph 7#a71 the court may-- 7,i7 order the plaintiff or defendant to provide to the court or the ,government1 as applicable1 any equipment necessary to maintain care1 custody1 and control of such property or material2 and 7,,ii7 take reasonable measures1 and may order the ,government 7if such property or material is in the care1 custody1 and control of the ,government7 to take reasonable measures1 to provide each party to the action1 the attorney of each party1 and any individual a party may seek to qualify as an expert1 with ample opportunity to inspect1 view1 and examine such property or material at the court or a ,government facility1 as applicable4 2 and 7,d7 in paragraph 7#c7-- 7i7 by inserting and during the #a-year period following the date on which the criminal proceeding becomes final or is terminated after any criminal proceeding2 and 7ii7 by striking 1 as defined under section #bbef7h714 7b7 ,effective date ,the amendments made by this section shall apply to conduct that occurs before1 on1 or after the date of enactment of this ,act4 #c4 ,facilitating payment of restitution2 technical amendments to restitution statutes ,title #ah1 ,united ,states ,code1 is amended-- 7#a7 in section #aeic7;c7-- 7,a7 by inserting 7#a7 after 7c72 7,b7 by striking chapter1 including1 in and inserting the following3 chapter4 7#b7 ,in 2 and 7,c7 in paragraph 7#b71 as so designated1 by inserting may assume the rights of the victim under this section after suitable by the court2 7#b7 in section #bbdh7;c7-- 7,a7 by striking ,for purposes and inserting the following3 7#a7 ,in general ,for purposes 2 7,b7 by striking chapter1 including1 in and inserting the following3 chapter4 7#b7 ,assumption of crime victim's rights ,in 2 and 7,c7 in paragraph 7#b71 as so designated1 by inserting may assume the rights of the victim under this section after suitable by the court2 7#c7 in section #bbei-- 7,a7 by striking subsection 7a7 and inserting the following3 7a7 ,in general ,notwithstanding section #cffc or #cffc;,a1 and in addition to any other civil or criminal penalty authorized by law1 the court shall order restitution for any offense under-- 7#a7 section #adff;,a1 to the extent the conduct involves a visual depiction of an identifiable minor2 or 7#b7 this chapter4 2 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a71 by striking ,directions4--,except as provided in paragraph 7#b71 the and inserting ,restitution for child pornography production4--,if the defendant was convicted of child pornography production1 the2 and 7ii7 in paragraph 7#b77;,b71 by striking #c1jjj4 and inserting the following3 8-- 7i7 #c1jjj2 or 7ii7 #aj percent of the full amount of the victim's losses1 if the full amount of the victim's losses is less than #c1jjj4 2 and 7,c7 in subsection 7c7-- 7i7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,child pornography production ,for purposes of this section and section #bbei;,a1 the term child pornography production means-- 7,a7 a violation of1 attempted violation of1 or conspiracy to violate section #adff;,a7a7 to the extent the conduct involves production of a visual depiction of an identifiable minor2 7,b7 a violation of1 attempted violation of1 or conspiracy to violate section #adff;,a7a7 involving possession with intent to distribute1 or section #adff;,a7b71 to the extent the conduct involves a visual depiction of an identifiable minor-- 7i7 produced by the defendant2 or 7ii7 that the defendant attempted or conspired to produce2 7,c7 a violation of subsection 7a71 7b71 or 7c7 of section #bbea1 or an attempt or conspiracy to violate any of those subsections under subsection 7e7 of that section2 7,d7 a violation of section #bbea;,a2 7,e7 a violation of section #bbeb7;a77#d7 or #bbeb;,a7a77#e71 or an attempt or conspiracy to violate either of those sections under section #bbeb7;b77#b7 or #bbeb;,a7b77#b71 to the extent such conduct involves child pornography-- 7i7 produced by the defendant2 or 7ii7 that the defendant attempted or conspired to produce2 7,f7 a violation of subsection 7a77#g7 of section #bbeb;,a1 or an attempt or conspiracy to violate that subsection under subsection 7b77#c7 of that section1 to the extent the conduct involves production with intent to distribute2 7,g7 a violation of section #bbeb;,a7g7 if the series of felony violations involves not fewer than #a violation-- 7i7 described in subparagraph 7,a71 7,b71 7,e71 or 7,f7 of this paragraph2 7ii7 of section #aeia2 or 7iii7 of section #abja1 chapter #aji;,a1 or chapter #aag1 if the victim is a minor2 7,h7 a violation of subsection 7a7 of section #bbfj1 or an attempt or conspiracy to violate that subsection under subsection 7c77#a7 of that section2 7,i7 a violation of section #bbfj;,b7a77#b7 for promoting or facilitating an offense-- 7i7 described in subparagraph 7,a71 7,b71 7,d71 or 7,e7 of this paragraph2 or 7ii7 under section #bdbb7;b72 and 7,j7 a violation of chapter #aji;,a or chapter #aag1 if the offense involves the production or attempted production of1 or conspiracy to produce1 child pornography4 2 7ii7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,trafficking in child pornography ,for purposes of this section and section #bbei;,a1 the term trafficking in child pornography means-- 7,a7 a violation of1 attempted violation of1 or conspiracy to violate section #adff;,a7a7 to the extent the conduct involves distribution or receipt of a visual depiction of an identifiable minor2 7,b7 a violation of1 attempted violation of1 or conspiracy to violate section #adff;,a7a7 involving possession with intent to distribute1 or section #adff;,a7b71 to the extent the conduct involves a visual depiction of an identifiable minor-- 7i7 not produced by the defendant2 or 7ii7 that the defendant did not attempt or conspire to produce2 7,c7 a violation of subsection 7d7 of section #bbea or an attempt or conspiracy to violate that subsection under subsection 7e7 of that section2 7,d7 a violation of paragraph 7#a71 7#b71 or 7#c7 of subsection 7a7 of section #bbeb1 or an attempt or conspiracy to violate any of those paragraphs under subsection 7b77#a7 of that section2 7,e7 a violation of section #bbeb7;a77#d7 or #bbeb;,a7a77#e71 or an attempt or conspiracy to violate either of those sections under section #bbeb7;b77#b7 or #bbeb;,a7b77#b71 to the extent such conduct involves child pornography-- 7i7 not produced by the defendant2 or 7ii7 that the defendant did not attempt or conspire to produce2 7,f7 a violation of paragraph 7#a71 7#b71 7#c71 7#d71 or 7#f7 of subsection 7a7 of section #bbeb;,a1 or an attempt or conspiracy to violate any of those paragraphs under subsection 7b77#a7 of that section2 7,g7 a violation of subsection 7a77#g7 of section #bbeb;,a1 or an attempt or conspiracy to violate that subsection under subsection 7b77#c7 of that section1 to the extent the conduct involves distribution2 7,h7 a violation of section #bbeb;,a7g7 if the series of felony violations exclusively involves violations described in this paragraph 7except subparagraphs 7,a7 and 7,b772 7,i7 a violation of subsection 7b7 of section #bbfj1 or an attempt or conspiracy to violate that subsection under subsection 7c77#b7 of that section2 and 7,j7 a violation of subsection 7a77#a7 of section #bbfj;,b1 or a violation of subsection 7a77#b7 of that section for promoting or facilitating an offense described in this paragraph 7except subparagraphs 7,a7 and 7,b774 2 and 7iii7 in paragraph 7#d71 in the first sentence1 by inserting or an identifiable minor harmed as a result of the commission of a crime under section #adff;,a after under this chapter2 7#d7 in section #bbei;,a7a7-- 7,a7 in paragraph 7#a71 by striking under section #bbeb7;a77#d7 or #bbeb;,a7a77#e7 and inserting described in subparagraph 7,b7 or 7,e7 of section #bbei7;c77#c72 and 7,b7 in paragraph 7#b71 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 7,b7 or 7,e7 of section #bbei7;c77#c72 7#e7 in section #bdbi-- 7,a7 in subsection 7b77#c71 by striking #bbei7;b77#c7 and inserting #bbei7;c77#b72 and 7,b7 in subsection 7d7-- 7i7 by inserting 7#a7 after 7d72 7ii7 by striking chapter1 including1 in and inserting the following3 chapter4 7#b7 ,in 2 and 7iii7 in paragraph 7#b71 as so designated1 by inserting may assume the rights of the victim under this section after suitable by the court2 and 7#f7 in section #cffd1 by adding at the end the following3 7q7 ,trustee or other fiduciary 7#a7 ,in general 7,a7 ,appointment of trustee or other fiduciary ,when the court issues an order of restitution under section #aeic1 #bbdh1 #bbei1 #bdbi1 or #cffc1 or subparagraphs 7,a77i7 and 7,b7 of section #cffc;,a7c77#a71 for a victim described in subparagraph 7,b7 of this paragraph1 the court1 at its own discretion or upon motion by the ,government1 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 victim4 7,b7 ,covered victims ,a victim referred to in subparagraph 7,a7 is a victim who is-- 7i7 under the age of #ah at the time of the proceeding2 7ii7 incompetent or incapacitated2 or 7iii7 subject to paragraph 7#c71 a foreign citizen or stateless person residing outside the ,united ,states4 7#b7 ,order ,when the court appoints a trustee or other fiduciary under paragraph 7#a71 the court shall issue an order specifying-- 7,a7 the duties of the trustee or other fiduciary1 which shall require-- 7i7 the administration of the trust or maintaining an official account in the best interests of the victim2 and 7ii7 disbursing payments from the trust or account-- 7,i7 to the victim2 or 7,,ii7 to any individual or entity on behalf of the victim2 7,b7 that the trustee or other fiduciary-- 7i7 shall avoid any conflict of interest2 7ii7 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 order2 and 7iii7 may not delegate administration of the trust or maintaining the official account to any other person2 7,c7 if and when the trust or the duties of the other fiduciary will expire2 and 7,d7 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 victim1 and the schedule for payment of those fees4 7#c7 ,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 #ah at the time of the proceeding or incompetent or incapacitated1 the court may appoint a trustee or other fiduciary under paragraph 7#a7 only if the court finds it necessary to-- 7,a7 protect the safety or security of the victim2 or 7,b7 provide a reliable means for the victim to access or benefit from the restitution payments4 7#d7 ,payment of fees 7,a7 ,in general ,the court may1 with respect to the fees of the trustee or other fiduciary-- 7i7 pay the fees in whole or in part2 or 7ii7 order the defendant to pay the fees in whole or in part4 7,b7 ,applicability of other provisions ,with respect to a court order under subparagraph 7,a77ii7 requiring a defendant to pay fees-- 7i7 subsection 7f77#c7 shall apply to the court order in the same manner as that subsection applies to a restitution order2 7ii7 subchapter ,c of chapter #bbg 7other than section #cega7 shall apply to the court order in the same manner as that subchapter applies to a sentence of a fine2 and 7iii7 subchapter ,b of chapter #bbi shall apply to the court order in the same manner as that subchapter applies to the implementation of a sentence of a fine4 7,c7 ,effect on other penalties ,imposition of payment under subparagraph 7,a77ii7 shall not relieve a defendant of1 or entitle a defendant to a reduction in the amount of1 any special assessment1 restitution1 other fines1 penalties1 or costs1 or other payments required under the defendant's sentence4 7,d7 ,schedule ,notwithstanding any other provision of law1 if the court orders the defendant to make any payment under subparagraph 7,a77ii71 the court may provide a payment schedule that is concurrent with the payment of any other financial obligation described in subparagraph 7,c74 7#e7 ,authorization of appropriations 7,a7 ,in general ,there is authorized to be appropriated to the ,united ,states courts to carry out this subsection #ae1jjj1jjj for each fiscal year4 7,b7 ,supervision of payments ,payments from appropriations authorized under subparagraph 7,a7 shall be made under the supervision of the ,director of the ,administrative ,office of the ,united ,states ,courts4 4 #d4 ,cybertipline improvements1 and accountability and transparency by the tech industry 7a7 ,in general ,chapter #aaj of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in section #bbeh;,a-- 7,a7 by striking subsections 7a71 7b71 and 7c7 and inserting the following3 7a7 ,duty ,to report 7#a7 ,duty ,in order to reduce the proliferation of online child exploitation and to prevent the online sexual exploitation of children1 as soon as reasonably possible after obtaining actual knowledge of any facts or circumstances described in paragraph 7#b7 or any apparent child pornography on the provider's service1 and in any event not later than #fj days after obtaining such knowledge1 a provider shall submit to the ,cyber,tipline of ,,ncmec1 or any successor to the ,cyber,tipline operated by ,,ncmec1 a report containing-- 7,a7 the mailing address1 telephone number1 facsimile number1 electronic mailing address of1 and individual point of contact for1 such provider2 and 7,b7 information described in subsection 7b7 concerning such facts or circumstances or apparent child pornography1 including any available information to identify or locate any involved minor4 7#b7 ,facts or circumstances ,the facts or circumstances described in this paragraph are any facts or circumstances indicating an apparent1 planned1 or imminent violation of section #aeia 7if the violation involves a minor71 #bbea1 #bbea;,a1 #bbeb1 #bbeb;,a1 #bbeb;,b1 #bbfj1 or #bdbb7;b74 7b7 ,contents of report 7#a7 ,in general ,in an effort to prevent the future sexual victimization of children1 and to the extent the information is within the custody or control of a provider1 each report provided under subsection 7a77#a7-- 7,a7 shall include1 to the extent that it is applicable and reasonably available-- 7i7 the name1 address1 electronic mail address1 user or account identification1 ,internet ,protocol address1 and uniform resource locator of any individual who is a subject of the report2 7ii7 the terms of service in effect at the time of-- 7,i7 the apparent violation2 or 7,,ii7 the detection of apparent child pornography or a planned or imminent violation2 7iii7 a copy of any apparent child pornography that is the subject of the report that was identified in a publicly available location2 7iv7 for each item of apparent child pornography included in the report under clause 7iii7 or paragraph 7#b77;,e71 information indicating whether-- 7,i7 the apparent child pornography was publicly available2 or 7,,ii7 the provider1 in its sole discretion1 viewed the apparent child pornography1 or any copy thereof1 at any point concurrent with or prior to the submission of the report2 and 7v7 for each item of apparent child pornography that is the subject of the report1 an indication as to whether the apparent child pornography-- 7,i7 has previously been the subject of a report under subsection 7a77#a72 or 7,,ii7 is the subject of multiple contemporaneous reports due to rapid and widespread distribution2 and 7,b7 may1 at the sole discretion of the provider1 include the information described in paragraph 7#b7 of this subsection4 7#b7 ,other information ,the information referred to in paragraph 7#a77;,b7 is the following3 7,a7 ,information about any involved individual ,any information relating to the identity or location of any individual who is a subject of the report1 including payment information 7excluding personally identifiable information7 and self-reported identifying or locating information4 7,b7 ,information about any involved minor ,information relating to the identity or location of any involved minor1 which may include an address1 electronic mail address1 ,internet ,protocol address1 uniform resource locator1 or any other information that may identify or locate any involved minor1 including self-reported identifying or locating information4 7,c7 ,historical reference ,information relating to when and how a customer or subscriber of a provider uploaded1 transmitted1 or received content relating to the report or when and how content relating to the report was reported to1 or discovered by the provider1 including a date and time stamp and time zone4 7,d7 ,geographic location information ,information relating to the geographic location of the involved individual or website1 which may include the ,internet ,protocol address or verified address1 or1 if not reasonably available1 at least one form of geographic identifying information1 including area code or zip code1 provided by the customer or subscriber1 or stored or obtained by the provider4 7,e7 ,apparent child pornography ,any apparent child pornography not described in paragraph 7#a77;,a77iii71 or other content related to the subject of the report4 7,f7 ,complete communication ,the complete communication containing any apparent child pornography or other content1 including-- 7i7 any data or information regarding the transmission of the communication2 and 7ii7 any visual depictions1 data1 or other digital files contained in1 or attached to1 the communication4 7,g7 ,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 service4 7,h7 ,description ,for any item of apparent child pornography that is the subject of the report1 an indication of whether-- 7i7 the depicted sexually explicit conduct involves-- 7,i7 genital1 oral1 or anal sexual intercourse2 7,,ii7 bestiality2 7,,iii7 masturbation2 7,,iv7 sadistic or masochistic abuse2 or 7,v7 lascivious exhibition of the anus1 genitals1 or pubic area of any person2 and 7ii7 the depicted minor is-- 7,i7 an infant or toddler2 7,,ii7 prepubescent2 7,,iii7 pubescent2 7,,iv7 post-pubescent2 or 7,v7 of an indeterminate age or developmental stage4 7#c7 ,formatting of reports ,when a provider includes any information described in paragraph 7#a7 or1 at its sole discretion1 any information described in paragraph 7#b7 in a report to the ,cyber,tipline of ,,ncmec1 or any successor to the ,cyber,tipline operated by ,,ncmec1 the provider shall use best efforts to ensure that the report conforms with the structure of the ,cyber,tipline or the successor1 as applicable4 7c7 ,forwarding of report and other information to law enforcement 7#a7 ,in general ,pursuant to its clearinghouse role as a private1 nonprofit organization1 and at the conclusion of its review in furtherance of its nonprofit mission1 ,,ncmec shall make available each report submitted under subsection 7a77#a7 to one or more of the following law enforcement agencies3 7,a7 ,any ,federal law enforcement agency that is involved in the investigation of child sexual exploitation1 kidnapping1 or enticement crimes4 7,b7 ,any ,state or local law enforcement agency that is involved in the investigation of child sexual exploitation4 7,c7 ,a foreign law enforcement agency designated by the ,attorney ,general under subsection 7d77#c7 or a foreign law enforcement agency that has an established relationship with the ,federal ,bureau of ,investigation1 ,immigration and ,customs ,enforcement1 or ,,interpol1 and is involved in the investigation of child sexual exploitation1 kidnapping1 or enticement crimes4 7#b7 ,technical identifiers ,if a report submitted under subsection 7a77#a7 contains an industry-standard hash value or other similar industry-standard technical identifier-- 7,a7 ,,ncmec may compare that hash value or identifier with any database or repository of visual depictions owned or operated by ,,ncmec2 and 7,b7 if the comparison under subparagraph 7,a7 results in a match1 ,,ncmec may include the matching visual depiction from its database or repository when forwarding the report to an agency described in subparagraph 7,a7 or 7,b7 of paragraph 7#a74 2 7,b7 in subsection 7d7-- 7i7 in paragraph 7#b71 by striking subsection 7c77#a7 and inserting subsection 7c77#a77;,a72 7ii7 in paragraph 7#c7-- 7,i7 in subparagraph 7,a71 by striking subsection 7c77#c7 and inserting subsection 7c77#a77;,c72 and 7,,ii7 in subparagraph 7,c71 by striking subsection 7c77#c7 and inserting subsection 7c77#a77;,c72 and 7iii7 in paragraph 7#e77;,b7-- 7,i7 in clause 7i71 by striking forwarded and inserting made available2 and 7,,ii7 in clause 7ii71 by striking forwarded and inserting made available2 7,c7 by striking subsection 7e7 and inserting the following3 7e7 ,failure ,to comply with requirements 7#a7 ,criminal penalty 7,a7 ,offense ,it shall be unlawful for a provider to knowingly-- 7i7 fail to submit a report under subsection 7a77#a7 within the time period required by that subsection2 or 7ii7 fail to preserve material as required under subsection 7h74 7,b7 ,penalty 7i7 ,in general ,a provider that violates subparagraph 7,a7 shall be fined-- 7,i7 in the case of an initial violation1 not more than-- 7aa7 #hej1jjj if the provider has not fewer than #ajj1jjj1jjj monthly active users2 or 7bb7 #fjj1jjj if the provider has fewer than #ajj1jjj1jjj monthly active users2 and 7,,ii7 in the case of any second or subsequent violation1 not more than-- 7aa7 #a1jjj1jjj if the provider has not fewer than #ajj1jjj1jjj monthly active users2 or 7bb7 #hej1jjj if the provider has fewer than #ajj1jjj1jjj monthly active users4 7ii7 ,harm to individuals ,the maximum fine under clause 7i7 shall be doubled if an individual is harmed as a direct and proximate result of the applicable violation4 7#b7 ,civil penalty 7,a7 ,violations relating to ,cyber,tipline 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 #ej1jjj and not more than #bej1jjj if the provider knowingly-- 7i7 fails to submit a report under subsection 7a77#a7 within the time period required by that subsection2 7ii7 fails to preserve material as required under subsection 7h72 or 7iii7 submits a report under subsection 7a77#a7 that-- 7,i7 contains materially false or fraudulent information2 or 7,,ii7 omits information described in subsection 7b77#a77;,a7 that is reasonably available4 7,b7 ,annual report violations ,a provider shall be liable to the ,united ,states ,government for a civil penalty in an amount of not less than #ajj1jjj and not more than #a1jjj1jjj if the provider knowingly-- 7i7 fails to submit an annual report as required under subsection 7i72 or 7ii7 submits an annual report under subsection 7i7 that-- 7,i7 contains a materially false1 fraudulent1 or misleading statement2 or 7,,ii7 omits information described in subsection 7i77#a7 that is reasonably available4 7,c7 ,harm to individuals ,the amount of a civil penalty under subparagraph 7,a7 or 7,b7 shall be tripled if an individual is harmed as a direct and proximate result of the applicable violation4 7,d7 ,costs of civil actions ,a provider that commits a violation described in subparagraph 7,a7 or 7,b7 shall be liable to the ,united ,states ,government for the costs of a civil action brought to recover a civil penalty under that subparagraph4 7,e7 ,enforcement ,this paragraph shall be enforced in accordance with sections #cgca1 #cgcb1 and #cgcc of title #ca1 except that a civil action to recover a civil penalty under subparagraph 7,a7 or 7,b7 of this paragraph may only be brought by the ,united ,states ,government4 7#c7 ,deposit of fines and penalties ,notwithstanding any other provision of law1 any criminal fine or civil penalty collected under this subsection shall be deposited into the ,child ,pornography ,victims ,reserve as provided in section #bbei;,b4 2 7,d7 in subsection 7f71 by striking paragraph 7#c7 and inserting the following3 7#c7 affirmatively search1 screen1 or scan for-- 7,a7 facts or circumstances described in subsection 7a77#b72 7,b7 information described in subsection 7b77#b72 or 7,c7 any apparent child pornography4 2 7,e7 in subsection 7g7-- 7i7 in paragraph 7#b77;,a7-- 7,i7 in clause 7iii71 by inserting or personnel at a children's advocacy center after ,state72 and 7,,ii7 in clause 7iv71 by striking ,state or subdivision of a ,state and inserting ,state1 subdivision of a ,state1 or children's advocacy center2 and 7ii7 in paragraph 7#c71 in the matter preceding subparagraph 7,a71 by striking subsection 7a7 and inserting subsection 7a77#a72 7,f7 in subsection 7h71 by adding at the end the following3 7#e7 ,relation to reporting requirement ,submission of a report as described in subsection 7a77#a7 does not satisfy the obligations under this subsection4 2 and 7,g7 by adding at the end the following3 7i7 ,annual report 7#a7 ,in general ,not later than ,march #ca of the second year beginning after the date of enactment of the ,,stop ,,csam ,act of #bjbd1 and of each year thereafter1 a provider that had more than #a1jjj1jjj unique monthly visitors or users during each month of the preceding year and accrued revenue of more than #ej1jjj1jjj during the preceding year shall submit to the ,attorney ,general and the ,chair of the ,federal ,trade ,commission a report1 disaggregated by subsidiary1 that provides the following information for the preceding year to the extent such information is applicable and reasonably available3 7,a7 ,cybertipline data 7i7 ,the total number of reports that the provider submitted under subsection 7a77#a74 7ii7 ,which items of information described in subsection 7b77#b7 are routinely included in the reports submitted by the provider under subsection 7a77#a74 7,b7 ,report and remove data ,with respect to section #f of the ,,stop ,,csam ,act of #bjbd-- 7i7 a description of the provider's designated reporting system2 7ii7 the number of complete notifications received2 7iii7 the number of items of child sexual abuse material that were removed2 and 7iv7 the total amount of any fine ordered and paid4 7,c7 ,other reporting to the provider 7i7 ,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 service4 7ii7 ,the average time for responding to reports described in clause 7i74 7iii7 ,the number of reports described in clause 7i7 that the provider received4 7iv7 ,a summary description of the actions taken upon receipt of the reports described in clause 7i74 7,d7 ,policies 7i7 ,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 service1 including how child sexual exploitation and abuse is defined4 7ii7 ,a description of possible consequences for violations of the policies described in clause 7i74 7iii7 ,the methods of informing users of the policies described in clause 7i74 7iv7 ,the process for adjudicating potential violations of the policies described in clause 7i74 7,e7 ,culture of safety 7i7 ,the measures and technologies that the provider deploys to protect children from sexual exploitation and abuse using the provider's product or service4 7ii7 ,the measures 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 abuse4 7iii7 ,factors that interfere with the provider's ability to detect or evaluate instances of child sexual exploitation and abuse4 7iv7 ,an assessment of the efficacy of the measures and technologies described in clauses 7i7 and 7ii7 and the impact of the factors described in clause 7iii74 7,f7 ,safety by design ,the measures that the provider takes before launching a new product or service to assess-- 7i7 the safety risks for children with respect to sexual exploitation and abuse2 and 7ii7 whether and how individuals could use the new product or service to commit child sexual exploitation and abuse4 7,g7 ,trends and patterns ,any information concerning emerging trends and changing patterns with respect to the commission of online child sexual exploitation and abuse4 7#b7 ,avoiding duplication ,notwithstanding the requirement under the matter preceding paragraph 7#a7 that information be submitted annually1 in the case of any report submitted under that paragraph after the initial report1 a provider shall submit information described in subparagraphs 7,d7 through 7,g7 of that paragraph not less frequently than once every #c years or when new information is available1 whichever is more frequent4 7#c7 ,limitation ,nothing in paragraph 7#a7 shall require the disclosure of trade secrets or other proprietary information4 7#d7 ,publication 7,a7 ,in general ,subject to subparagraph 7,b71 the ,attorney ,general and the ,chair of the ,federal ,trade ,commission shall publish the reports received under this subsection4 7,b7 ,redaction 7i7 ,in general ,the ,attorney ,general and ,chair of the ,federal ,trade ,commission shall redact from a report published under subparagraph 7,a7 any information as necessary to avoid-- 7,i7 undermining the efficacy of a safety measure described in the report2 or 7,,ii7 revealing how a product or service of a provider may be used to commit online child sexual exploitation and abuse4 7ii7 ,additional redaction 7,i7 ,request ,in addition to information redacted under clause 7i71 a provider may request the redaction1 from a report published under subparagraph 7,a71 of any information that is law enforcement sensitive or otherwise not suitable for public distribution4 7,,ii7 ,agency discretion ,the ,attorney ,general and ,chair of the ,federal ,trade ,commission-- 7aa7 shall consider a request made under subclause 7,i72 and 7bb7 may1 in their discretion1 redact from a report published under subparagraph 7,a7 any information that is law enforcement sensitive or otherwise not suitable for public distribution1 whether or not requested4 2 7#b7 in section #bbeh;,b-- 7,a7 by striking subsection 7a7 and inserting the following3 7a7 ,in general 7#a7 ,limited liability ,except as provided in subsection 7b71 a civil claim or criminal charge described in paragraph 7#b7 may not be brought in any ,federal or ,state court4 7#b7 ,covered claims and charges ,a civil claim or criminal charge referred to in paragraph 7#a7 is a civil claim or criminal charge against a provider or domain name registrar1 including any director1 officer1 employee1 or agent of such provider or domain name registrar1 that is directly attributable to-- 7,a7 the performance of the reporting or preservation responsibilities of such provider or domain name registrar under this section1 section #bbeh;,a1 or section #bbeh;,c2 7,b7 transmitting1 distributing1 or mailing child pornography to any ,federal1 ,state1 or local law enforcement agency1 or giving such agency access to child pornography1 in response to a search warrant1 court order1 or other legal process issued or obtained by such agency2 or 7,c7 the use by the provider or domain name registrar of any material being preserved under section #bbeh;,a7h7 by such provider or registrar for research conducted voluntarily and in good faith for the sole and exclusive purpose of-- 7i7 improving or facilitating reporting under this section1 section #bbeh;,a1 or section #bbeh;,c2 or 7ii7 stopping the online sexual exploitation of children4 2 and 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a71 by striking 2 or and inserting or knowingly failed to comply with a requirement under section #bbeh;,a22 7ii7 in paragraph 7#b77;,c7-- 7,i7 by striking this section1 sections and inserting this section or section2 and 7,,ii7 by striking the period and inserting 2 or2 and 7iii7 by adding at the end the following3 7#c7 for purposes of subsection 7a77#b77;,c71 knowingly distributed or transmitted the material1 or made the material available1 except as required by law1 to-- 7,a7 any other entity2 7,b7 any person not employed by the provider or domain name registrar2 or 7,c7 any person employed by the provider or domain name registrar who is not conducting any research described in that subsection4 2 7#c7 in section #bbeh;,c-- 7,a7 in the section heading1 by striking the ,cyber,tipline and inserting ,,ncmec2 7,b7 in subsection 7a7-- 7i7 in the subsection heading1 by striking ,elements and inserting ,provision to providers and nonprofit entities2 7ii7 in paragraph 7#a7-- 7,i7 by striking to a provider and inserting the following3 or submission to the child victim identification program to-- 7,a7 a provider 2 7,,ii7 in subparagraph 7,a71 as so designated-- 7aa7 by inserting use of the provider's products or services to commit after stop the2 and 7bb7 by striking the period at the end and inserting 2 or2 and 7,,iii7 by adding at the end the following3 7,b7 a nonprofit entity for the sole and exclusive purpose of preventing and curtailing the online sexual exploitation of children4 2 and 7iii7 in paragraph 7#b7-- 7,i7 in the heading1 by striking ,inclusions and inserting ,elements2 7,,ii7 by striking unique identifiers and inserting similar technical identifiers2 and 7,,iii7 by inserting or submission to the child victim identification program after ,cyber,tipline report2 7,c7 in subsection 7b7-- 7i7 in the heading1 by inserting or nonprofit entities after providers2 7ii7 by striking ,any provider and inserting the following3 7#a7 ,in general ,any provider or nonprofit entity 2 7iii7 in paragraph 7#a71 as so designated-- 7,i7 by striking receives and inserting obtains2 and 7,,ii7 by inserting or submission to the child victim identification program after ,cyber,tipline report2 and 7iv7 by adding at the end the following3 7#b7 ,limitation on sharing with other entities ,a provider or nonprofit entity that obtains elements under subsection 7a77#a7 may not distribute those elements1 or make those elements available1 to any other entity1 except for the sole and exclusive purpose of stopping the online sexual exploitation of children4 2 7,d7 in subsection 7c7-- 7i7 by striking subsections and inserting subsection2 7ii7 by striking providers receiving and inserting a provider to obtain2 7iii7 by inserting or submission to the child victim identification program after ,cyber,tipline report2 and 7iv7 by striking to use the elements to stop the online sexual exploitation of children2 and 7,e7 in subsection 7d71 by inserting or to the child victim identification program after ,cyber,tipline2 7#d7 in section #bbeh;,e-- 7,a7 in paragraph 7#f71 by striking electronic communication service provider and inserting electronic communication service2 7,b7 in paragraph 7#g71 by striking and at the end2 7,c7 in paragraph 7#h71 by striking the period at the end and inserting a semicolon2 and 7,d7 by adding at the end the following3 7#i7 the term publicly available1 with respect to a visual depiction on a provider's service1 means the visual depiction can be viewed by or is accessible to all users of the service1 regardless of the steps1 if any1 a user must take to create an account or to gain access to the service in order to access or view the visual depiction2 and 7#aj7 the term child victim identification program means the program described in section #djd7;b77#a77,k77ii7 of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#cd ,u4,s4,c4 #aabic7;b77#a77,k77ii774 2 7#e7 in section #bbei;,b7a71 by inserting 1 any fine or penalty collected under section #bbeh;,a7e7 or subparagraph 7,a7 of section #f7;g77#bd7 of the ,,stop ,,csam ,act of #bjbd 7except as provided in clauses 7i7 and 7ii77,i7 of subparagraph 7,b7 of such section #f7;g77#bd771 after #bbei;,a2 and 7#f7 by adding at the end the following3 #bbfj;,b4 ,liability for certain child exploitation offenses 7a7 ,offense ,it shall be unlawful for a provider of an interactive computer service1 as that term is defined in section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj71 that operates through the use of any facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce1 through such service to-- 7#a7 intentionally host or store child pornography or make child pornography available to any person2 or 7#b7 knowingly promote or facilitate a violation of section #bbea1 #bbea;,a1 #bbeb1 #bbeb;,a1 or #bdbb7;b74 7b7 ,penalty ,a provider of an interactive computer service that violates subsection 7a7-- 7#a7 subject to paragraph 7#b71 shall be fined not more than #a1jjj1jjj2 and 7#b7 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 violation1 shall be fined not more than #e1jjj1jjj4 7c7 ,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 order1 subpoena1 search warrant1 statutory obligation1 or preservation request from law enforcement4 4 7b7 ,clerical amendment ,the table of sections for chapter #aaj of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #bbfj;,b4 ,liability for certain child exploitation offenses4 4 7c7 ,effective date for amendments to reporting requirements of providers ,the amendments made by subsection 7a77#a7 of this section shall take effect on the date that is #abj days after the date of enactment of this ,act4 #e4 ,expanding civil remedies for victims of online child sexual exploitation 7a7 ,statement of intent ,nothing in this section shall be construed to abrogate or narrow any case law concerning section #bbee of title #ah1 ,united ,states ,code4 7b7 ,civil remedy for personal injuries ,section #bbee7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking ,in general4--,any person who1 while a minor1 was a victim of a violation of section #aehi1 #aeij1 #aeia1 #bbda7;c71 #bbdb1 #bbdc1 #bbea1 #bbea;,a1 #bbeb1 #bbeb;,a1 #bbfj1 #bdba1 #bdbb1 or #bdbc of this title and who suffers personal injury as a result of such violation1 regardless of whether the injury occurred while such person was a minor1 may sue and inserting the following3 ,private right of action4-- 7#a7 ,in general ,any person described in subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#b7 who suffers personal injury as a result of a violation described in that subparagraph1 regardless of whether the injury occurred while such person was a minor1 may bring a civil action 2 and 7#b7 by adding at the end the following3 7#b7 ,eligible persons ,paragraph 7#a7 shall apply to any person-- 7,a7 who1 while a minor1 was a victim of-- 7i7 a violation of section #aehi1 #aeij1 #aeia1 #bbda1 #bbdb1 #bbdc1 #bbea1 #bbea;,a1 #bbfj7;a71 #bdba1 #bdbb1 or #bdbc2 7ii7 an attempt to violate section #aehi1 #aeij1 or #aeia under section #aeid7;a72 7iii7 a conspiracy to violate section #aehi or #aeij under section #aeid7;b72 or 7iv7 a conspiracy to violate section #aeia under section #aeid7;c72 7,b7 who-- 7i7 is depicted as a minor in child pornography2 and 7ii7 is a victim of a violation of #bbeb1 #bbeb;,a1 or #bbfj7;b7 7regardless of when the violation occurs72 or 7,c7 who-- 7i7 is depicted as an identifiable minor in a visual depiction described in section #adff;,a2 and 7ii7 is a victim of a violation of that section 7regardless of when the violation occurs74 4 7c7 ,civil remedy against online platforms and app stores 7#a7 ,in general ,chapter #aaj of title #ah1 ,united ,states ,code1 is amended by inserting after section #bbee the following3 #bbee;,a4 ,civil remedy against online platforms and app stores 7a7 ,in general 7#a7 ,promotion or aiding and abetting of certain violations ,any person who is a victim of the intentional or knowing promotion1 or aiding and abetting1 of a violation of section #aeia or #aeid7;c7 7involving a minor71 or section #bbea1 #bbea;,a1 #bbeb1 #bbeb;,a1 or #bdbb7;b71 where such promotion1 or aiding and abetting1 is by a provider of an interactive computer service or an app store1 and who suffers personal injury as a result of such promotion or aiding and abetting1 regardless of when the injury occurred1 may bring a civil action in any appropriate ,united ,states ,district ,court for relief set forth in subsection 7b74 7#b7 ,activities involving child pornography ,any person who is a victim of the intentional or knowing hosting or storing of child pornography or making child pornography available to any person by a provider of an interactive computer service1 and who suffers personal injury as a result of such hosting1 storing1 or making available1 regardless of when the injury occurred1 may bring a civil action in any appropriate ,united ,states ,district ,court for relief set forth in subsection 7b74 7b7 ,relief ,in a civil action brought by a person under subsection 7a7-- 7#a7 the person shall recover the actual damages the person sustains or liquidated damages in the amount of #cjj1jjj1 and the cost of the action1 including reasonable attorney fees and other litigation costs reasonably incurred2 and 7#b7 the court may1 in addition to any other relief available at law1 award punitive damages and such other preliminary and equitable relief as the court determines to be appropriate1 including a temporary restraining order1 a preliminary injunction1 or a permanent injunction ordering the defendant to cease the offending conduct4 7c7 ,statute of limitations ,there shall be no time limit for the filing of a complaint commencing an action under subsection 7a74 7d7 ,venue2 service of process 7#a7 ,venue ,any action brought under subsection 7a7 may be brought in the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh4 7#b7 ,service of process ,in an action brought under subsection 7a71 process may be served in any district in which the defendant-- 7,a7 is an inhabitant2 or 7,b7 may be found4 7e7 ,relation to section #bcj of the ,communications ,act of #aicd ,nothing in section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7 shall be construed to impair or limit any claim brought under subsection 7a74 7f7 ,rules of construction 7#a7 ,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 order1 subpoena1 search warrant1 statutory obligation1 or preservation request from law enforcement4 7#b7 ,knowledge with respect to each item required ,for purposes of a claim brought under subsection 7a77#b71 the term knowing shall be construed to mean knowledge of each item of child pornography that the provider hosted1 stored1 or made available4 7g7 ,encryption technologies 7#a7 ,in general ,none of the following actions or circumstances shall serve as an independent basis for liability under subsection 7a73 7,a7 ,utilizing full end-to-end encrypted messaging services1 device encryption1 or other encryption services4 7,b7 ,not possessing the information necessary to decrypt a communication4 7,c7 ,failing to take an action that would otherwise undermine the ability to offer full end-to-end encrypted messaging services1 device encryption1 or other encryption services4 7#b7 ,consideration of evidence 7,a7 ,permitted use ,evidence of actions or circumstances described in paragraph 7#a7 shall be admissible in a civil action brought under subsection 7a7 only if-- 7i7 the actions or circumstances are relevant under rules #dja and #djb of the ,federal ,rules of ,evidence to-- 7,i7 prove motive1 intent1 preparation1 plan1 absence of mistake1 or lack of accident2 or 7,,ii7 rebut any evidence or factual or legal claim2 and 7ii7 the actions or circumstances are not subject to exclusion under rule #djc of the ,federal ,rules of ,evidence4 7,b7 ,notice ,in a civil action brought under subsection 7a71 a plaintiff seeking to introduce evidence of actions or circumstances under subparagraph 7,a7 of this paragraph shall-- 7i7 provide reasonable notice-- 7,i7 in writing before trial2 or 7,,ii7 in any form during trial if the court1 for good cause1 excuses lack of pretrial notice2 and 7ii7 articulate in the notice described in clause 7i7 the permitted purpose for which the plaintiff intends to offer the evidence and the reasoning that supports the purpose4 7h7 ,defense ,in a claim under subsection 7a77#b7 involving knowing conduct1 it shall be a defense1 which the provider of an interactive computer service must establish by a preponderance of the evidence1 that-- 7#a7 the provider disabled access to or removed the child pornography within a reasonable timeframe1 and in any event not later than #dh hours after obtaining knowledge that the child pornography was being hosted1 stored1 or made available by the provider 7or1 in the case of a provider that1 for the most recent calendar year1 averaged fewer than #aj1jjj1jjj active users on a monthly basis in the ,united ,states1 within a reasonable timeframe1 and in any event not later than #b business days after obtaining such knowledge72 or 7#b7 the provider-- 7,a7 exercised a reasonable1 good faith effort to disable access to or remove the child pornography but was unable to do so for reasons outside the provider's control2 and 7,b7 determined it is technologically impossible for the provider to disable access to or remove the child pornography without compromising encryption technologies4 7i7 ,sanctions for repeated bad faith civil actions 7#a7 ,in general ,in the case of a civil action brought under subsection 7a71 the court may impose sanctions on-- 7,a7 the party bringing the civil action if the court finds that the party has brought #b or more bad faith civil actions 7which may include the instant civil action72 or 7,b7 an attorney or law firm representing the party bringing the civil action if the court finds that the attorney or law firm has represented-- 7i7 a party who has brought #b or more bad faith civil actions 7which may include the instant civil action72 or 7ii7 #b or more parties who have each brought a bad faith civil action 7which may include the instant civil action74 7#b7 ,definition of bad faith civil action ,for purposes of paragraph 7#a71 the term bad faith civil action means a civil action brought under subsection 7a7 in bad faith where the finder of fact determined that at the time the civil action was filed1 the party1 attorney1 or law firm described in paragraph 7#a7 had actual knowledge that the alleged conduct-- 7,a7 did not involve any minor2 or 7,b7 did not involve any child pornography4 7#c7 ,implementation ,rule #aa7;c7 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 #aa7;b7 of those ,rules4 7#d7 ,rules of construction 7,a7 ,rule #aa ,this subsection shall not be construed to limit or expand the application of ,rule #aa of the ,federal ,rules of ,civil ,procedure4 7,b7 ,definition change ,paragraph 7#b77;,b7 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 pornography4 7j7 ,definitions ,in this section3 7#a7 ,app ,the term app means a software application or electronic service that may be run or directed by a user on a computer1 a mobile device1 or any other general purpose computing device4 7#b7 ,app store ,the term app store means a publicly available website1 software application1 or other electronic service that-- 7,a7 distributes apps from third-party developers to users of a computer1 a mobile device1 or any other general purpose computing device2 and 7,b7 operates-- 7i7 through the use of any means or facility of interstate or foreign commerce2 or 7ii7 in or affecting interstate or foreign commerce4 7#c7 ,interactive computer service ,the term interactive computer service means an interactive computer service1 as defined in section #bcj7;f7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f771 that operates-- 7,a7 through the use of any means or facility of interstate or foreign commerce2 or 7,b7 in or affecting interstate or foreign commerce4 4 7#b7 ,conforming amendment ,the table of sections for chapter #aaj of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #bbee the following3 #bbee;,a4 ,civil remedy against online platforms and app stores4 4 #f4 ,reporting and removal of child sexual abuse material2 establishment of ,child ,online ,protection ,board 7a7 ,findings ,congress finds the following3 7#a7 ,over #dj years ago1 the ,supreme ,court of the ,united ,states ruled in ,new ,york v4 ,ferber1 #deh ,u4,s4 #gdg 7#aihb71 that child sexual abuse material 7referred to in this subsection as ,,csam7 is a category of material outside the protections of the ,first ,amendment4 ,the ,court emphasized that children depicted in ,,csam are harmed twice3 first through the abuse and exploitation inherent in the creation of the materials1 and then through the continued circulation of the imagery1 which inflicts its own emotional and psychological injury4 7#b7 ,the ,supreme ,court reiterated this point #aj years ago in ,paroline v4 ,united ,states1 #egb ,u4,s4 #dcd 7#bjad71 when it explained that ,,csam victims suffer continuing and grievous harm as a result of their knowledge that a large1 indeterminate number of individuals have viewed and will in the future view images of the sexual abuse they endured4 7#c7 ,in these decisions1 the ,supreme ,court noted that the distribution of ,,csam invades the privacy interests of the victims4 7#d7 ,the co-mingling online of ,,csam with other1 non-explicit depictions of the victims links the victim's identity with the images of their abuse4 ,this further invades a victim's privacy and disrupts their sense of security1 thwarting what the ,supreme ,court has described as the individual interest in avoiding disclosure of personal matters4 7#e7 ,the internet is awash with child sexual abuse material4 ,in #bjbb1 the ,cyber,tipline1 operated by the ,national ,center for ,missing ,exploited ,children to combat online child sexual exploitation1 received reports about #di1djj1jjj images and #cg1gjj1jjj videos depicting child sexual abuse4 7#f7 ,since #bjag1 ,project ,arachnid1 operated by the ,canadian ,centre for ,child ,protection1 has sent over #ch1jjj1jjj notices to online providers about ,,csam and other exploitive material found on their platforms4 ,according to the ,canadian ,centre1 some providers are slow to remove the material1 or take it down only for it to be reposted again a short time later4 7#g7 ,this legislation is needed to create an easy-to-use and effective procedure to get ,,csam and harmful related imagery quickly taken offline and kept offline to protect children1 stop the spread of illegal and harmful content1 and thwart the continued invasion of the victims' privacy4 7b7 ,implementation 7#a7 ,implementation ,except as provided in paragraph 7#b71 not later than #a year after the date of enactment of this ,act1 the ,child ,online ,protection ,board established under subsection 7d71 shall begin operations1 at which point providers shall begin receiving notifications as set forth in subsection 7c77#b74 7#b7 ,extension ,the ,commission may extend the deadline under paragraph 7#a7 by not more than #ahj days if the ,commission provides notice of the extension to the public and to ,congress4 7#c7 ,public notice ,the ,commission shall provide notice to the public of the date that the ,child ,online ,protection ,board established under subsection 7d7 is scheduled to begin operations on-- 7,a7 the date that is #fj days before such date that the ,board is scheduled to begin operations2 and 7,b7 the date that is #cj days before such date that the ,board is scheduled to begin operations4 7c7 ,reporting and removal of child sexual abuse material 7#a7 ,in general ,if a provider receives a complete notification as set forth in paragraph 7#b77;,a7 that the provider is hosting child sexual abuse material1 as soon as possible1 but in any event not later than #dh hours after such notification is received by the provider 7or1 in the case of a small provider1 not later than #b business days after such notification is received by the small provider71 the provider shall-- 7,a7 7i7 remove the child sexual abuse material2 and 7ii7 notify the complainant that it has done so2 or 7,b7 notify the complainant that the provider-- 7i7 has determined that the visual depiction referenced in the notification does not constitute child sexual abuse material2 7ii7 is unable to remove the child sexual abuse material using reasonable means2 or 7iii7 has determined that the notification is duplicative under paragraph 7#b77;,c77i74 7#b7 ,notifications 7,a7 ,in general ,to be complete under this subsection1 a notification must be a written communication to the designated reporting system of the provider 7or1 if the provider does not have a designated reporting system1 a written communication that is served on the provider in accordance with subparagraph 7,f77 that includes the following3 7i7 ,an identification of1 and information reasonably sufficient to permit the provider to locate1 the child sexual abuse material4 ,such information may include1 at the option of the complainant1 a copy of the child sexual abuse material or the uniform resource locator where such child sexual abuse material is located4 7ii7 ,the complainant's name and contact information1 to include a mailing address1 telephone number1 and an electronic mail address1 except that1 if the complainant is the victim depicted in the child sexual abuse material1 the complainant may elect to use an alias1 including for purposes of the signed statement described in clause 7v71 and omit a mailing address4 7iii7 ,if applicable1 a statement indicating that the complainant has previously notified the provider about the child sexual abuse material which may1 at the option of the complainant1 include a copy of the previous notification4 7iv7 ,a statement indicating that the complainant has a good faith belief that the information in the notification is accurate4 7v7 ,a signed statement under penalty of perjury indicating that the notification is submitted by-- 7,i7 the victim depicted in the child sexual abuse material2 7,,ii7 an authorized representative of the victim depicted in the child sexual abuse material2 or 7,,iii7 a qualified organization4 7,b7 ,inclusion of additional visual depictions in a notification 7i7 ,multiple items of child sexual abuse material in same notification ,a notification may contain information about more than one item of child sexual abuse material1 but shall only be effective with respect to each item of child sexual abuse material included in the notification to the extent that the notification includes sufficient information to identify and locate such item of child sexual abuse material4 7ii7 ,related exploitive visual depictions 7,i7 ,in general ,a notification may contain information about any related exploitive visual depictions associated with the child sexual abuse material described in the notification1 along with the information described in subparagraph 7,a77i7 for each related exploitive visual depiction4 ,such notification shall clearly indicate which visual depiction is a related exploitive visual depiction4 ,such notification shall include a statement indicating that the complainant acknowledges that the provider may1 but is not required to1 remove the related exploitive visual depiction1 and that the complainant cannot file a petition with the ,child ,online ,protection ,board concerning any alleged failure to remove a related exploitive visual depiction4 7,,ii7 ,no obligation ,a provider shall not be required to take any action under this section concerning a related exploitive visual depiction4 ,a provider may1 in its sole discretion1 remove a related exploitive visual depiction4 ,the procedure set forth in subsection 7g77#a7 shall not apply to related exploitive visual depictions4 7,c7 ,limitation on duplicative notifications 7i7 ,in general ,after a complainant has submitted a notification to a provider1 the complainant may submit additional notifications at any time only if the subsequent notifications involve-- 7,i7 a different item of child sexual abuse material2 7,,ii7 the same item of child sexual abuse material relating to a minor that is in a different location2 or 7,,iii7 recidivist hosting4 7ii7 ,no obligation ,a provider who receives any additional notifications that do not comply with clause 7i7 shall not be required to take any additional action except-- 7,i7 as may be required with respect to the original notification2 and 7,,ii7 to notify the complainant as provided in paragraph 7#a77;,b77iii74 7,d7 ,incomplete or misdirected notification 7i7 ,requirement to contact complainant regarding insufficient information 7,i7 ,requirement to contact complainant ,if a notification that is submitted to a provider under this subsection does not contain sufficient information under subparagraph 7,a77i7 to identify or locate the child sexual abuse material that is the subject of the notification but does contain the complainant contact information described in subparagraph 7,a77ii71 the provider shall1 not later than #dh hours after receiving the notification 7or1 in the case of a small provider1 not later than #b business days after such notification is received by the small provider71 contact the complainant via electronic mail address to obtain such information4 7,,ii7 ,effect of complainant providing sufficient information ,if the provider is able to contact the complainant and obtain sufficient information to identify or locate the child sexual abuse material that is the subject of the notification1 the provider shall then proceed as set forth in paragraph 7#a71 except that the applicable timeframes described in such paragraph shall commence on the day the provider receives the information needed to identify or locate the child sexual abuse material4 7,,iii7 ,effect of complainant inability to provide sufficient information ,if the provider is able to contact the complainant but does not obtain sufficient information to identify or locate the child sexual abuse material that is the subject of the notification1 the provider shall so notify the complainant not later than #dh hours after the provider determines that it is unable to identify or locate the child sexual abuse material 7or1 in the case of a small provider1 not later than #b business days after the small provider makes such determination71 after which no further action by the provider is required and receipt of the notification shall not be considered in determining whether the provider has actual knowledge of any information described in the notification4 7,,iv7 ,effect of complainant failure to respond ,if the complainant does not respond to the provider's attempt to contact the complainant under this clause within #ad days of such attempt1 no further action by the provider is required and receipt of the notification shall not be considered in determining whether the provider has actual knowledge of any information described in the notification4 7ii7 ,treatment of incomplete notification where complainant cannot be contacted ,if a notification that is submitted to a provider under this subsection does not contain sufficient information under subparagraph 7,a77i7 to identify or locate the child sexual abuse material that is the subject of the notification and does not contain the complainant contact information described in subparagraph 7,a77ii7 7or if the provider is unable to contact the complainant using such information71 no further action by the provider is required and receipt of the notification shall not be considered in determining whether the provider has actual knowledge of any information described in the notification4 7iii7 ,treatment of notification not submitted to designated reporting system ,if a provider has a designated reporting system1 and a complainant submits a notification under this subsection to the provider without using such system1 the provider shall not be considered to have received the notification4 7,e7 ,option to contact complainant regarding the child sexual abuse material 7i7 ,contact with complainant ,if the provider believes that the child sexual abuse material referenced in the notification does not meet the definition of such term as provided in subsection 7r77#aj71 the provider may1 not later than #dh hours after receiving the notification 7or1 in the case of a small provider1 not later than #b business days after such notification is received by the small provider71 contact the complainant via electronic mail address to so indicate4 7ii7 ,failure to respond ,if the complainant does not respond to the provider within #ad days after receiving the notification1 no further action by the provider is required and receipt of the notification shall not be considered in determining whether the provider has actual knowledge of any information described in the notification4 7iii7 ,complainant response ,if the complainant responds to the provider within #ad days after receiving the notification1 the provider shall then proceed as set forth in paragraph 7#a71 except that the applicable timeframes described in such paragraph shall commence on the day the provider receives the complainant's response4 7,f7 ,service of notification where provider has no designated reporting system2 process where complainant cannot serve provider 7i7 ,no designated reporting system ,if a provider does not have a designated reporting system1 a complainant may serve the provider with a notification under this subsection to the provider in the same manner that petitions are required to be served under subsection 7g77#d74 7ii7 ,complainant cannot serve provider ,if a provider does not have a designated reporting system and a complainant cannot reasonably serve the provider with a notification as described in clause 7i71 the complainant may bring a petition under subsection 7g77#a7 without serving the provider with the notification4 7,g7 ,recidivist hosting ,if a provider engages in recidivist hosting of child sexual abuse material1 in addition to any action taken under this section1 a complainant may submit a report concerning such recidivist hosting to the ,cyber,tipline operated by the ,national ,center for ,missing and ,exploited ,children1 or any successor to the ,cyber,tipline operated by the ,national ,center for ,missing and ,exploited ,children4 7,h7 ,preservation ,a provider that receives a complete notification under this subsection shall preserve the information in such notification in accordance with the requirements of sections #bgac and #bbeh;,a7h7 of title #ah1 ,united ,states ,code4 ,for purposes of this subparagraph1 the period for which providers shall be required to preserve information in accordance with such section #bbeh;,a7h7 may be extended in #ij-;day increments on written request by the complainant or order of the ,board4 7,i7 ,non-disclosure ,except as otherwise provided in subsection 7g77#ai77;,c71 for #abj days following receipt of a notification under this subsection1 a provider may not disclose the existence of the notification to any person or entity except to an attorney for purposes of obtaining legal advice1 the ,board1 the ,commission1 a law enforcement agency described in subparagraph 7,a71 7,b71 or 7,c7 of section #bbeh;,a7g77#c7 of title #ah1 ,united ,states ,code1 the ,national ,center for ,missing and ,exploited ,children1 or as necessary to respond to legal process4 ,nothing in the preceding sentence shall be construed to infringe on the provider's ability to communicate general information about terms of service violations4 7d7 ,establishment of ,child ,online ,protection ,board 7#a7 ,in general ,there is established in the ,federal ,trade ,commission a ,child ,online ,protection ,board1 which shall administer and enforce the requirements of subsection 7e7 in accordance with this section4 7#b7 ,officers and staff ,the ,board shall be composed of #c full-time ,child ,online ,protection ,officers who shall be appointed by the ,commission in accordance with paragraph 7#e77;,a74 ,a vacancy on the ,board shall not impair the right of the remaining ,child ,online ,protection ,officers to exercise the functions and duties of the ,board4 7#c7 ,child online protection attorneys ,not fewer than #b full-time ,child ,online ,protection ,attorneys shall be hired to assist in the administration of the ,board4 7#d7 ,technological adviser ,one or more technological advisers may be hired to assist with the handling of digital evidence and consult with the ,child ,online ,protection ,officers on matters concerning digital evidence and technological issues4 7#e7 ,qualifications 7,a7 ,officers 7i7 ,in general ,each ,child ,online ,protection ,officer shall be an attorney duly licensed in at least #a ,united ,states jurisdiction who has not fewer than #g years of legal experience concerning child sexual abuse material and technology-facilitated crimes against children4 7ii7 ,experience ,two of the ,child ,online ,protection ,officers shall have substantial experience in the evaluation1 litigation1 or adjudication of matters relating to child sexual abuse material or technology-facilitated crimes against children4 7,b7 ,attorneys ,each ,child ,online ,protection ,attorney shall be an attorney duly licensed in at least #a ,united ,states jurisdiction who has not fewer than #c years of substantial legal experience concerning child sexual abuse material and technology-facilitated crimes against children4 7,c7 ,technological adviser ,a technological adviser shall have at least one year of specialized experience with digital forensic analysis4 7#f7 ,compensation 7,a7 ,child ,online ,protection ,officers 7i7 ,definition ,in this subparagraph1 the term senior level employee of the ,federal ,government means an employee1 other than an employee in the ,senior ,executive ,service1 the position of whom is classified above ,,gs-#ae of the ,general ,schedule4 7ii7 ,pay range ,each ,child ,online ,protection ,officer shall be compensated at a rate of pay that is not less than the minimum1 and not more than the maximum1 rate of pay payable for senior level employees of the ,federal ,government1 including locality pay1 as applicable4 7,b7 ,child ,online ,protection ,attorneys ,each ,child ,online ,protection ,attorney shall be compensated at a rate of pay that is not more than the maximum rate of pay payable for level #aj of ,,gs-#ae of the ,general ,schedule1 including locality pay1 as applicable4 7,c7 ,technological adviser ,a technological adviser of the ,board shall be compensated at a rate of pay that is not more than the maximum rate of pay payable for level #aj of ,,gs-#ad of the ,general ,schedule1 including locality pay1 as applicable4 7#g7 ,vacancy ,if a vacancy occurs in the position of ,child ,online ,protection ,officer1 the ,commission shall act expeditiously to appoint an ,officer for that position4 7#h7 ,sanction or removal ,subject to subsection 7e77#b71 the ,chair of the ,commission or the ,commission may sanction or remove a ,child ,online ,protection ,officer4 7#i7 ,administrative support ,the ,commission shall provide the ,child ,online ,protection ,officers and ,child ,online ,protection ,attorneys with necessary administrative support1 including technological facilities1 to carry out the duties of the ,officers and ,attorneys under this section4 ,the ,department of ,justice may provide equipment for and guidance on the storage and handling of child sexual abuse material4 7#aj7 ,location of ,board ,the offices and facilities of the ,child ,online ,protection ,officers and ,child ,online ,protection ,attorneys shall be located at the headquarters or other office of the ,commission4 7e7 ,authority and duties of the ,board 7#a7 ,functions 7,a7 ,officers ,subject to the provisions of this section and applicable regulations1 the functions of the ,officers of the ,board shall be as follows3 7i7 ,to render determinations on petitions that may be brought before the ,officers under this section4 7ii7 ,to ensure that petitions and responses are properly asserted and otherwise appropriate for resolution by the ,board4 7iii7 ,to manage the proceedings before the ,officers and render determinations pertaining to the consideration of petitions and responses1 including with respect to scheduling1 discovery1 evidentiary1 and other matters4 7iv7 ,to request1 from participants and nonparticipants in a proceeding1 the production of information and documents relevant to the resolution of a petition or response4 7v7 ,to conduct hearings and conferences4 7vi7 ,to facilitate the settlement by the parties of petitions and responses4 7vii7 ,to impose fines as set forth in subsection 7g77#bd74 7viii7 ,to provide information to the public concerning the procedures and requirements of the ,board4 7ix7 ,to maintain records of the proceedings before the ,officers1 certify official records of such proceedings as needed1 and1 as provided in subsection 7g77#ai77;,a71 make the records in such proceedings available to the public4 7x7 ,to carry out such other duties as are set forth in this section4 7xi7 ,when not engaged in performing the duties of the ,officers set forth in this section1 to perform such other duties as may be assigned by the ,chair of the ,commission or the ,commission4 7,b7 ,attorneys ,subject to the provisions of this section and applicable regulations1 the functions of the ,attorneys of the ,board shall be as follows3 7i7 ,to provide assistance to the ,officers of the ,board in the administration of the duties of those ,officers under this section4 7ii7 ,to provide assistance to complainants1 providers1 and members of the public with respect to the procedures and requirements of the ,board4 7iii7 ,when not engaged in performing the duties of the ,attorneys set forth in this section1 to perform such other duties as may be assigned by the ,commission4 7,c7 ,designated service agents ,the ,board may maintain a publicly available directory of service agents designated to receive service of petitions filed with the ,board4 7#b7 ,independence in determinations 7,a7 ,in general ,the ,board shall render the determinations of the ,board in individual proceedings independently on the basis of the records in the proceedings before it and in accordance with the provisions of this section1 judicial precedent1 and applicable regulations of the ,commission4 7,b7 ,performance appraisals ,notwithstanding any other provision of law or any regulation or policy of the ,commission1 any performance appraisal of an ,officer or ,attorney of the ,board may not consider the substantive result of any individual determination reached by the ,board as a basis for appraisal except to the extent that result may relate to any actual or alleged violation of an ethical standard of conduct4 7#c7 ,direction by ,commission ,subject to paragraph 7#b71 the ,officers and ,attorneys shall1 in the administration of their duties1 be under the supervision of the ,chair of the ,commission4 7#d7 ,inconsistent duties barred ,an ,officer or ,attorney of the ,board may not undertake any duty that conflicts with the duties of the ,officer or ,attorney in connection with the ,board1 to include the obligation to render impartial determinations on petitions considered by the ,board under this section4 7#e7 ,recusal ,an ,officer or ,attorney of the ,board shall recuse himself or herself from participation in any proceeding with respect to which the ,officer or ,attorney1 as the case may be1 has reason to believe that he or she has a conflict of interest4 7#f7 ,ex parte communications ,except as may otherwise be permitted by applicable law1 any party or interested owner involved in a proceeding before the ,board shall refrain from ex parte communications with the ,officers of the ,board and the ,commission relevant to the merits of such proceeding before the ,board4 7#g7 ,judicial review ,actions of the ,officers and the ,commission under this section in connection with the rendering of any determination are subject to judicial review as provided under subsection 7g77#bh74 7f7 ,conduct of proceedings of the ,board 7#a7 ,in general ,proceedings of the ,board shall be conducted in accordance with this section and regulations established by the ,commission under this section1 in addition to relevant principles of law4 7#b7 ,record ,the ,board shall maintain records documenting the proceedings before the ,board4 7#c7 ,centralized process ,proceedings before the ,board shall-- 7,a7 be conducted at the offices of the ,board without the requirement of in-person appearances by parties or others2 7,b7 take place by means of written submissions1 hearings1 and conferences carried out through internet-based applications and other telecommunications facilities1 except that1 in cases in which physical or other nontestimonial evidence material to a proceeding cannot be furnished to the ,board through available telecommunications facilities1 the ,board may make alternative arrangements for the submission of such evidence that do not prejudice any party or interested owner2 and 7,c7 be conducted and concluded in an expeditious manner without causing undue prejudice to any party or interested owner4 7#d7 ,representation 7,a7 ,in general ,a party or interested owner involved in a proceeding before the ,board may be1 but is not required to be1 represented by-- 7i7 an attorney2 or 7ii7 a law student who is qualified under applicable law governing representation by law students of parties in legal proceedings and who provides such representation on a pro bono basis4 7,b7 ,representation of victims 7i7 ,in general ,a petition involving a victim under the age of #af at the time the petition is filed shall be filed by an authorized representative1 qualified organization1 or a person described in subparagraph 7,a74 7ii7 ,no requirement for qualified organizations to have contact with1 or knowledge of1 victim ,a qualified organization may submit a notification to a provider or file a petition on behalf of a victim without regard to whether the qualified organization has contact with the victim or knows the identity1 location1 or contact information of the victim4 7g7 ,procedures ,to contest a failure ,to remove child sexual abuse material or a notification reporting child sexual abuse material 7#a7 ,procedure to contest a failure to remove 7,a7 ,complainant petition ,a complainant may file a petition to the ,board claiming that1 as applicable-- 7i7 the complainant submitted a complete notification to a provider concerning alleged child sexual abuse material1 and that-- 7,i7 the provider-- 7aa7 did not remove the alleged child sexual abuse material within the timeframe required under subsection 7c77#a77;,a77i72 or 7bb7 incorrectly claimed that-- 7,,aa7 the alleged child sexual abuse material at issue could not be located or removed through reasonable means2 7,,bb7 the notification was incomplete2 or 7,,cc7 the notification was duplicative under subsection 7c77#b77;,c77i72 and 7,,ii7 did not file a timely petition to contest the notification with the ,board under paragraph 7#b72 or 7ii7 a provider is hosting alleged child sexual abuse material1 does not have a designated reporting system1 and the complainant was unable to serve a notification on the provider under this subsection despite reasonable efforts4 7,b7 ,additional claim ,as applicable1 a petition filed under subparagraph 7,a7 may also claim that the alleged child sexual abuse material at issue in the petition involves recidivist hosting4 7,c7 ,timeframe 7i7 ,in general ,a petition under this paragraph shall be considered timely if it is filed within #cj days of the applicable start date1 as defined under clause 7ii74 7ii7 ,applicable start date ,for purposes of clause 7i71 the term applicable start date means-- 7,i7 in the case of a petition under subparagraph 7,a77i7 claiming that the alleged child sexual abuse material was not removed or that the provider made an incorrect claim relating to the alleged child sexual abuse material or notification1 the day that the provider's option to file a petition has expired under paragraph 7#b77;,b72 and 7,,ii7 in the case of a petition under subparagraph 7,a77ii7 related to a notification that could not be served1 the last day of the #b-week period that begins on the day on which the complainant first attempted to serve a notification on the provider involved4 7,d7 ,identification of victim ,any petition filed to the ,board by the victim or an authorized representative of the victim shall include the victim's legal name4 ,a petition filed to the ,board by a qualified organization may1 but is not required to1 include the victim's legal name4 ,any petition containing the victim's legal name shall be filed under seal4 ,the victim's legal name shall be redacted from any documents served on the provider and interested owner or made publicly available4 7,e7 ,failure to remove child sexual abuse material in timely manner ,a complainant may file a petition under subparagraph 7,a77i7 claiming that alleged child sexual abuse material was not removed even if the alleged child sexual abuse material was removed prior to the petition being filed1 so long as the petition claims that the alleged child sexual abuse material was not removed within the timeframe specified in subsection 7c77#a74 7#b7 ,procedure to contest a notification 7,a7 ,provider petition ,if a provider receives a complete notification as described in subsection 7c77#b7 through its designated reporting system or in accordance with subsection 7c77#b77;,f77i71 the provider may file a petition to the ,board claiming that the provider has a good faith belief that1 as applicable-- 7i7 the visual depiction that is the subject of the notification does not constitute child sexual abuse material2 7ii7 the notification is frivolous or was submitted with an intent to harass the provider or any person2 7iii7 the alleged child sexual abuse material cannot reasonably be located by the provider2 7iv7 for reasons beyond the control of the provider1 the provider cannot remove the alleged child sexual abuse material using reasonable means2 or 7v7 the notification was duplicative under subsection 7c77#b77;,c77i74 7,b7 ,timeframe 7i7 ,in general ,subject to clauses 7ii7 and 7iii71 a petition contesting a notification under this paragraph shall be considered timely if it is filed by a provider not later than #ad days after the day on which the provider receives the notification or the notification is made complete under subsection 7c77#b77;,d77i74 7ii7 ,no designated reporting system ,subject to clause 7iii71 if a provider does not have a designated reporting system1 a petition contesting a notification under this paragraph shall be considered timely if it is filed by a provider not later than #g days after the day on which the provider receives the notification or the notification is made complete under subsection 7c77#b77;,d77i74 7iii7 ,small providers ,in the case of a small provider1 each of the timeframes applicable under clauses 7i7 and 7ii7 shall be increased by #dh hours4 7#c7 ,commencement of proceeding 7,a7 ,in general ,in order to commence a proceeding under this section1 a petitioning party shall1 subject to such additional requirements as may be prescribed in regulations established by the ,commission1 file a petition with the ,board1 that includes a statement of claims and material facts in support of each claim in the petition4 ,a petition may set forth more than one claim4 ,a petition shall also include information establishing that it has been filed within the applicable timeframe4 7,b7 ,review of petitions by ,child ,online ,protection ,attorneys ,child ,online ,protection ,attorneys may review petitions to assess whether they are complete4 ,the ,board may permit a petitioning party to refile a defective petition4 ,the ,attorney may assist the petitioning party in making any corrections4 7,c7 ,dismissal ,the ,board may dismiss1 with or without prejudice1 any petition that fails to comply with subparagraph 7,a74 7#d7 ,service of process requirements for petitions 7,a7 ,in general ,for purposes of petitions under paragraphs 7#a7 and 7#b71 the petitioning party shall1 at or before the time of filing a petition1 serve a copy on the other party4 ,a corporation1 partnership1 or unincorporated association that is subject to suit in courts of general jurisdiction under a common name shall be served by delivering a copy of the petition to its service agent1 if one has been so designated4 7,b7 ,manner of ,service 7i7 ,service by nondigital means ,service by nondigital means may be any of the following3 7,i7 ,personal1 including delivery to a responsible person at the office of counsel4 7,,ii7 ,by priority mail4 7,,iii7 ,by third-party commercial carrier for delivery within #c days4 7ii7 ,service by digital means ,service of a paper may be made by sending it by any digital means1 including through a provider's designated reporting system4 7iii7 ,when service is completed ,service by mail or by commercial carrier is complete #c days after the mailing or delivery to the carrier4 ,service by digital means is complete on filing or sending1 unless the party making service is notified that the paper was not received by the party served4 7,c7 ,proof of service ,a petition filed under paragraph 7#a7 or 7#b7 shall contain-- 7i7 an acknowledgment of service by the person served2 7ii7 proof of service consisting of a statement by the person who made service certifying-- 7,i7 the date and manner of service2 7,,ii7 the names of the persons served2 and 7,,iii7 their mail or electronic addresses1 facsimile numbers1 or the addresses of the places of delivery1 as appropriate for the manner of service2 or 7iii7 a statement indicating that service could not reasonably be completed4 7,d7 ,attorney fees and costs ,except as otherwise provided in this subsection1 all parties to a petition shall bear their own attorney fees and costs4 7#e7 ,service of other documents ,documents submitted or relied upon in a proceeding1 other than the petition1 shall be served in accordance with regulations established by the ,commission4 7#f7 ,notification of right to opt out ,in order to effectuate service on a responding party1 the petition shall notify the responding party of their right to opt out of the proceeding before the ,board1 and the consequences of opting out and not opting out1 including a prominent statement that by not opting out the respondent-- 7,a7 loses the opportunity to have the dispute decided by a court created under article ,,iii of the ,constitution of the ,united ,states2 and 7,b7 waives the right to a jury trial regarding the dispute4 7#g7 ,initial proceedings 7,a7 ,conference ,within #a week of completion of service of a petition under paragraph 7#d71 #a or more ,officers of the ,board shall hold a conference to address the matters described in subparagraphs 7,b7 and 7,c74 7,b7 ,opt-out procedure ,at the conference1 an ,officer of the ,board shall explain that the responding party has a right to opt out of the proceeding before the ,board1 and describe the consequences of opting out and not opting out as described in paragraph 7#f74 ,a responding party shall have a period of #cj days1 beginning on the date of the conference1 in which to provide written notice of such choice to the petitioning party and the ,board4 ,if the responding party does not submit an opt-out notice to the ,board within that #cj-;day period1 the proceeding shall be deemed an active proceeding and the responding party shall be bound by the determination in the proceeding4 ,if the responding party opts out of the proceeding during that #cj-;day period1 the proceeding shall be dismissed without prejudice4 7,c7 ,disabling access ,at the conference1 except for petitions setting forth claims described in clauses 7iii7 and 7iv7 of paragraph 7#b77;,a71 an ,officer of the ,board shall order the provider involved to disable public and user access to the alleged child sexual abuse material at issue in the petition for the pendency of the proceeding1 including judicial review as provided in subsection 7g77#bh71 unless the ,officer of the ,board finds that-- 7i7 it is likely that the ,board will find that the petition is frivolous or was filed with an intent to harass any person2 7ii7 there is a probability that disabling public and user access to such alleged child sexual abuse material will cause irreparable harm2 7iii7 the balance of equities weighs in favor of preserving public and user access to the alleged child sexual abuse material2 and 7iv7 disabling public and user access to the alleged child sexual abuse material is contrary to the public interest4 7,d7 ,effect of failure to disable access 7i7 ,provider petition ,if the petition was filed by a provider1 and the provider fails to comply with an order issued pursuant to subparagraph 7,b71 the ,board may-- 7,i7 dismiss the petition with prejudice2 and 7,,ii7 refer the matter to the ,attorney ,general4 7ii7 ,effect of dismissal ,if a provider's petition is dismissed under clause 7i77,i71 the complainant may bring a petition under paragraph 7#a7 as if the provider did not file a petition within the timeframe specified in paragraph 7#b77;,b74 ,for purposes of paragraph 7#a77;,c77ii71 the applicable start date shall be the date the provider's petition was dismissed4 7iii7 ,complainant petition ,if the petition was filed by a complainant1 and the provider fails to comply with an order issued pursuant to subparagraph 7,b71 the ,board-- 7,i7 shall-- 7aa7 expedite resolution of the petition2 and 7bb7 refer the matter to the ,attorney ,general2 and 7,,ii7 may apply an adverse inference with respect to disputed facts against such provider4 7#h7 ,scheduling ,upon receipt of a complete petition and at the conclusion of the opt out procedure described in paragraph 7#g71 the ,board shall issue a schedule for the future conduct of the proceeding4 ,a schedule issued by the ,board may be amended by the ,board in the interests of justice4 7#i7 ,conferences ,one or more ,officers of the ,board may hold a conference to address case management or discovery issues in a proceeding1 which shall be noted upon the record of the proceeding and may be recorded or transcribed4 7#aj7 ,party submissions ,a proceeding of the ,board may not include any formal motion practice1 except that1 subject to applicable regulations and procedures of the ,board-- 7,a7 the parties to the proceeding and an interested owner may make requests to the ,board to address case management and discovery matters1 and submit responses thereto2 and 7,b7 the ,board may request or permit parties and interested owners to make submissions addressing relevant questions of fact or law1 or other matters1 including matters raised sua sponte by the ,officers of the ,board1 and offer responses thereto4 7#aa7 ,discovery 7,a7 ,in general ,discovery in a proceeding shall be limited to the production of relevant information and documents1 written interrogatories1 and written requests for admission1 as provided in regulations established by the ,commission1 except that-- 7i7 upon the request of a party1 and for good cause shown1 the ,board may approve additional relevant discovery1 on a limited basis1 in particular matters1 and may request specific information and documents from parties in the proceeding1 consistent with the interests of justice2 7ii7 upon the request of a party or interested owner1 and for good cause shown1 the ,board may issue a protective order to limit the disclosure of documents or testimony that contain confidential information2 7iii7 after providing notice and an opportunity to respond1 and upon good cause shown1 the ,board may apply an adverse inference with respect to disputed facts against a party or interested owner who has failed to timely provide discovery materials in response to a proper request for materials that could be relevant to such facts2 and 7iv7 an interested owner shall only produce or receive discovery to the extent it relates to whether the visual depiction at issue constitutes child sexual abuse material4 7,b7 ,privacy ,any alleged child sexual abuse material received by the ,board or the ,commission as part of a proceeding shall be filed under seal and shall remain in the care1 custody1 and control of the ,board or the ,commission4 ,for purposes of discovery1 the ,board or ,commission shall make the alleged child sexual abuse material reasonably available to the parties and interested owner but shall not provide copies4 ,the privacy protections described in section #ceji7;d7 of title #ah1 ,united ,states ,code1 shall apply to the ,board1 ,commission1 provider1 complainant1 and interested owner4 7#ab7 ,responses ,the responding party may refute any of the claims or factual assertions made by the petitioning party1 and may also claim that the petition was not filed in the applicable timeframe or is barred under subsection 7h74 ,if a complainant is the petitioning party1 a provider may additionally claim in response that the notification was incomplete and could not be made complete under subsection 7c77#b77;,d77i74 ,the petitioning party may refute any responses submitted by the responding party4 7#ac7 ,interested owner ,an individual notified under paragraph 7#ai77;,c77ii7 may1 within #ad days of being so notified1 file a motion to join the proceeding for the limited purpose of claiming that the visual depiction at issue does not constitute child sexual abuse material4 ,the ,board shall serve the motion on both parties4 ,such motion shall include a factual basis and a signed statement1 submitted under penalty of perjury1 indicating that the individual produced or created the visual depiction at issue4 ,the ,board shall dismiss any motion that does not include the signed statement or that was submitted by an individual who did not produce or create the visual depiction at issue4 ,if the motion is granted1 the interested owner may also claim that the notification and petition were filed with an intent to harass the interested owner4 ,any party may refute the claims and factual assertions made by the interested owner4 7#ad7 ,evidence ,the ,board may consider the following types of evidence in a proceeding1 and such evidence may be admitted without application of formal rules of evidence3 7,a7 ,documentary and other nontestimonial evidence that is relevant to the petitions or responses in the proceeding4 7,b7 ,testimonial evidence1 submitted under penalty of perjury in written form or in accordance with paragraph 7#ae71 limited to statements of the parties and nonexpert witnesses1 that is relevant to the petitions or responses in a proceeding1 except that1 in exceptional cases1 expert witness testimony or other types of testimony may be permitted by the ,board for good cause shown4 7#ae7 ,hearings ,unless waived by all parties1 the ,board shall conduct a hearing to receive oral presentations on issues of fact or law from parties and witnesses to a proceeding1 including oral testimony1 subject to the following3 7,a7 ,any such hearing shall be attended by not fewer than two of the ,officers of the ,board4 7,b7 ,the hearing shall be noted upon the record of the proceeding and1 subject to subparagraph 7,c71 may be recorded or transcribed as deemed necessary by the ,board4 7,c7 ,a recording or transcript of the hearing shall be made available to any ,officer of the ,board who is not in attendance4 7#af7 ,voluntary dismissal 7,a7 ,by petitioning party ,upon the written request of a petitioning party1 the ,board shall dismiss the petition1 with or without prejudice4 7,b7 ,by responding party or interested owner ,upon written request of a responding party or interested owner1 the ,board shall dismiss any responses to the petition1 and shall consider all claims and factual assertions in the petition to be true4 7#ag7 ,factual findings ,subject to paragraph 7#aa77;,a77iii71 the ,board shall make factual findings based upon a preponderance of the evidence4 7#ah7 ,determinations 7,a7 ,nature and contents ,a determination rendered by the ,board in a proceeding shall-- 7i7 be reached by a majority of the ,board2 7ii7 be in writing1 and include an explanation of the factual and legal basis of the determination2 and 7iii7 include a clear statement of all fines1 costs1 and other relief awarded4 7,b7 ,dissent ,an ,officer of the ,board who dissents from a decision contained in a determination under subparagraph 7,a7 may append a statement setting forth the grounds for that dissent4 7#ai7 ,publication and disclosure 7,a7 ,publication ,each final determination of the ,board shall be made available on a publicly accessible website1 except that the final determination shall be redacted to protect confidential information that is the subject of a protective order under paragraph 7#aa77;,a77ii7 or information protected pursuant to paragraph 7#aa77;,b7 and any other information protected from public disclosure under the ,federal ,trade ,commission ,act or any other applicable provision of law4 7,b7 ,freedom of information act ,all information relating to proceedings of the ,board under this section is exempt from disclosure to the public under section #eeb7;b77#c7 of title #e1 except for determinations1 records1 and information published under subparagraph 7,a74 ,any information that is disclosed under this subparagraph shall have redacted any information that is the subject of a protective order under paragraph 7#aa77;,a77ii7 or protected pursuant to paragraph 7#aa77;,b74 7,c7 ,effect of petition on non-disclosure period 7i7 ,submission of a petition extends the non-disclosure period under subsection 7c77#b77;,i7 for the pendency of the proceeding4 ,the provider may submit an objection to the ,board that nondisclosure is contrary to the interests of justice4 ,the complainant may1 but is not required to1 respond to the objection4 ,the ,board should sustain the objection unless there is reason to believe that the circumstances in section #cdhf7;a77#f77;,b7 of title #ah1 ,united ,states ,code1 exist and outweigh the interests of justice4 7ii7 ,if the ,board sustains an objection to the nondisclosure period1 the provider or the ,board may notify the apparent owner of the visual depiction at issue about the proceeding1 and include instructions on how the owner may move to join the proceeding under paragraph 7#ac74 7iii7 ,if applicable1 the nondisclosure period expires #abj days after the ,board's determination becomes final1 except it shall expire immediately upon the ,board's determination becoming final if the ,board finds that the visual depiction at issue is not child sexual abuse material4 7iv7 ,the interested owner of a visual depiction at issue may not bring any legal action against any party related to the alleged child sexual abuse material until the ,board's determination is final4 ,once the determination is final1 the interested owner of the visual depiction may pursue any legal relief available under the law1 subject to subsections 7h71 7k71 and 7l74 7#bj7 ,responding party's default ,if the ,board finds that service of the petition on the responding party could not reasonably be completed1 or the responding party has failed to appear or has ceased participating in a proceeding1 as demonstrated by the responding party's failure1 without justifiable cause1 to meet one or more deadlines or requirements set forth in the schedule adopted by the ,board1 the ,board may enter a default determination1 including the dismissal of any responses asserted by the responding party1 as follows and in accordance with such other requirements as the ,commission may establish by regulation3 7,a7 ,the ,board shall require the petitioning party to submit relevant evidence and other information in support of the petitioning party's claims and1 upon review of such evidence and any other requested submissions from the petitioning party1 shall determine whether the materials so submitted are sufficient to support a finding in favor of the petitioning party under applicable law and1 if so1 the appropriate relief and damages1 if any1 to be awarded4 7,b7 ,if the ,board makes an affirmative determination under subparagraph 7,a71 the ,board shall prepare a proposed default determination1 and shall provide written notice to the responding party at all addresses1 including electronic mail addresses1 reflected in the records of the proceeding before the ,board1 of the pendency of a default determination by the ,board and of the legal significance of such determination4 ,such notice shall be accompanied by the proposed default determination and shall provide that the responding party has a period of #cj days1 beginning on the date of the notice1 to submit any evidence or other information in opposition to the proposed default determination4 7,c7 ,if the responding party responds to the notice provided under subparagraph 7,b7 within the #cj-;day period provided in such subparagraph1 the ,board shall consider responding party's submissions and1 after allowing the petitioning party to address such submissions1 maintain1 or amend its proposed determination as appropriate1 and the resulting determination shall not be a default determination4 7,d7 ,if the respondent fails to respond to the notice provided under subparagraph 7,b71 the ,board shall proceed to issue the default determination4 ,thereafter1 the respondent may only challenge such determination to the extent permitted under paragraph 7#bh74 7#ba7 ,petitioning party or interested owner's failure to proceed ,if a petitioning party or interested owner who has joined the proceeding fails to proceed1 as demonstrated by the failure1 without justifiable cause1 to meet one or more deadlines or requirements set forth in the schedule adopted by the ,board1 the ,board may1 upon providing written notice to the petitioning party or interested owner and a period of #cj days1 beginning on the date of the notice1 to respond to the notice1 and after considering any such response1 issue a determination dismissing the claims made by the petitioning party or interested owner4 ,the ,board may order the petitioning party to pay attorney fees and costs under paragraph 7#bf77;,b71 if appropriate4 ,thereafter1 the petitioning party may only challenge such determination to the extent permitted under paragraph 7#bh74 7#bb7 ,request for reconsideration ,a party or interested owner may1 within #cj days after the date on which the ,board issues a determination under paragraph 7#ah71 submit to the ,board a written request for reconsideration of1 or an amendment to1 such determination if the party or interested owner identifies a clear error of law or fact material to the outcome1 or a technical mistake4 ,after providing the other parties an opportunity to address such request1 the ,board shall either deny the request or issue an amended determination4 7#bc7 ,review by ,commission ,if the ,board denies a party or interested owner a request for reconsideration of a determination under paragraph 7#bb71 the party or interested owner may1 within #cj days after the date of such denial1 request review of the determination by the ,commission in accordance with regulations established by the ,commission4 ,after providing the other party or interested owner an opportunity to address the request1 the ,commission shall either deny the request for review1 or remand the proceeding to the ,board for reconsideration of issues specified in the remand and for issuance of an amended determination4 ,such amended determination shall not be subject to further consideration or review1 other than under paragraph 7#bh74 7#bd7 ,favorable ruling on complainant petition 7,a7 ,in general ,if the ,board grants a complainant's petition filed under this section1 notwithstanding any other law1 the ,board shall-- 7i7 order the provider to immediately remove the child sexual abuse material1 and to permanently delete all copies of the child sexual abuse material known to and under the control of the provider unless the ,board orders the provider to preserve the child sexual abuse material2 7ii7 impose a fine of #ej1jjj per item of child sexual abuse material covered by the determination1 but if the ,board finds that-- 7,i7 the provider removed the child sexual abuse material after the period set forth in subsection 7c77#a77;,a77i71 but before the complainant filed a petition1 such fine shall be #be1jjj2 7,,ii7 the provider has engaged in recidivist hosting for the first time with respect to the child sexual abuse material at issue1 such fine shall be #ajj1jjj per item of child sexual abuse material2 or 7,,iii7 the provider has engaged in recidivist hosting of the child sexual abuse material at issue #b or more times1 such fine shall be #bjj1jjj per item of child sexual abuse material2 7iii7 order the provider to pay reasonable costs to the complainant2 and 7iv7 refer any matters involving intentional or willful conduct by a provider with respect to child sexual abuse material1 or recidivist hosting1 to the ,attorney ,general for prosecution under any applicable laws4 7,b7 ,provider payment of fine and costs ,notwithstanding any other law1 the ,board shall direct a provider to promptly pay fines and costs imposed under subparagraph 7,a7 as follows3 7i7 ,if the petition was filed by a victim1 such fine and costs shall be paid to the victim4 7ii7 ,if the petition was filed by an authorized representative of a victim-- 7,i7 #cj percent of such fine shall be paid to the authorized representative and #gj percent of such fine paid to the victim2 and 7,,ii7 costs shall be paid to the authorized representative4 7iii7 ,if the petition was filed by a qualified organization-- 7,i7 the fine shall be paid to the ,child ,pornography ,victims ,reserve as provided in section #bbei;,b of title #ah1 ,united ,states ,code2 and 7,,ii7 costs shall be paid to the qualified organization4 7#be7 ,effect of denial of provider petition 7,a7 ,in general ,if the ,board denies a provider's petition to contest a notification filed under paragraph 7#b71 it shall order the provider to immediately remove the child sexual abuse material1 and to permanently delete all copies of the child sexual abuse material known to and under the control of the provider unless the ,board orders the provider to preserve the child sexual abuse material4 7,b7 ,referral for failure to remove material ,if a provider does not remove and1 if applicable1 permanently delete child sexual abuse material within #dh hours of the ,board issuing a determination under subparagraph 7,a71 or not later than #b business days of the ,board issuing a determination under subparagraph 7,a7 concerning a small provider1 the ,board shall refer the matter to the ,attorney ,general for prosecution under any applicable laws4 7,c7 ,costs for frivolous petition ,if the ,board finds that a provider filed a petition under paragraph 7#b7 for a harassing or improper purpose or without reasonable basis in law or fact1 the ,board shall order the provider to pay the reasonable costs of the complainant4 7#bf7 ,effect of denial of complainant's petition or favorable ruling on provider's petition 7,a7 ,restoration ,if the ,board grants a provider's petition filed under paragraph 7#b7 or if the ,board denies a petition filed by the complainant under paragraph 7#a71 the provider may restore access to any visual depiction that was at issue in the proceeding4 7,b7 ,costs for incomplete or frivolous notification and harassment ,if1 in granting or denying a petition as described in subparagraph 7,a71 the ,board finds that the notification contested in the petition could not be made complete under subsection 7c77#b77;,d71 is frivolous1 or is duplicative under subsection 7c77#b77;,c77i71 the ,board may order the complainant to pay costs to the provider and any interested owner1 which shall not exceed a total of #aj1jjj1 or1 if the ,board finds that the complainant filed the notification with an intent to harass the provider or any person1 a total of #ae1jjj4 7#bg7 ,civil action2 other relief 7,a7 ,in general ,whenever any provider or complainant fails to comply with a final determination of the ,board issued under paragraph 7#ah71 the ,department of ,justice may commence a civil action in a district court of the ,united ,states to enforce compliance with such determination4 7,b7 ,savings clause ,nothing in this section shall be construed to limit the authority of the ,commission or ,department of ,justice under any other provision of law4 7#bh7 ,challenges to the determination 7,a7 ,bases for challenge ,not later than #de days after the date on which the ,board issues a determination or amended determination in a proceeding1 or not later than #de days after the date on which the ,board completes any process of reconsideration or the ,commission completes a review of the determination1 whichever occurs later1 a party may seek an order from a district court1 located where the provider or complainant conducts business or resides1 vacating1 modifying1 or correcting the determination of the ,board in the following cases3 7i7 ,if the determination was issued as a result of fraud1 corruption1 misrepresentation1 or other misconduct4 7ii7 ,if the ,board exceeded its authority or failed to render a determination concerning the subject matter at issue4 7iii7 ,in the case of a default determination or determination based on a failure to prosecute1 if it is established that the default or failure was due to excusable neglect4 7,b7 ,procedure to challenge 7i7 ,notice of application ,notice of the application to challenge a determination of the ,board shall be provided to all parties to the proceeding before the ,board1 in accordance with the procedures applicable to service of a motion in the court where the application is made4 7ii7 ,staying of proceedings ,for purposes of an application under this paragraph1 any judge who is authorized to issue an order to stay the proceedings in an any other action brought in the same court may issue an order1 to be served with the notice of application1 staying proceedings to enforce the award while the challenge is pending4 7#bi7 ,final determination ,a determination of the ,board shall be final on the date that all opportunities for a party or interested owner to seek reconsideration or review of a determination under paragraph 7#bb7 or 7#bc71 or for a party to challenge the determination under paragraph 7#bh71 have expired or are exhausted4 7h7 ,effect of proceeding 7#a7 ,subsequent proceedings ,the issuance of a final determination by the ,board shall preclude the filing by any party of any subsequent petition that is based on the notification at issue in the final determination4 ,this paragraph shall not limit the ability of any party to file a subsequent petition based on any other notification4 7#b7 ,determination ,except as provided in paragraph 7#a71 the issuance of a final determination by the ,board1 including a default determination or determination based on a failure to prosecute1 shall preclude relitigation of any allegation1 factual claim1 or response in any subsequent legal action or proceeding before any court1 tribunal1 or the ,board1 and may be relied upon for such purpose in a future action or proceeding arising from the same specific activity1 subject to the following3 7,a7 ,no party or interested owner may relitigate any allegation1 factual claim1 or response that was properly asserted and considered by the ,board in any subsequent proceeding before the ,board involving the same parties or interested owner and the same child sexual abuse material4 7,b7 ,a finding by the ,board that a visual depiction constitutes child sexual abuse material-- 7i7 may not be relitigated in any civil proceeding brought by an interested owner2 and 7ii7 may not be relied upon1 and shall not have preclusive effect1 in any other action or proceeding involving any party before any court or tribunal other than the ,board4 7,c7 ,a determination by the ,board shall not preclude litigation or relitigation as between the same or different parties before any court or tribunal other than the ,board of the same or similar issues of fact or law in connection with allegations or responses not asserted or not finally determined by the ,board4 7,d7 ,except to the extent permitted under this subsection1 any final determination of the ,board may not be cited or relied upon as legal precedent in any other action or proceeding before any court or tribunal other than the ,board4 7#c7 ,other materials in proceeding ,a submission or statement of a party1 interested owner1 or witness made in connection with a proceeding before the ,board1 including a proceeding that is dismissed1 may not serve as the basis of any action or proceeding before any court or tribunal except for any legal action related to perjury or for conduct described in subsection 7k77#b74 ,a statement of a party1 interested owner1 or witness may be received as evidence1 in accordance with applicable rules1 in any subsequent legal action or proceeding before any court1 tribunal1 or the ,board4 7#d7 ,failure to assert response ,except as provided in paragraph 7#a71 the failure or inability to assert any allegation1 factual claim1 or response in a proceeding before the ,board shall not preclude the assertion of that response in any subsequent legal action or proceeding before any court1 tribunal1 or the ,board4 7i7 ,administration ,the ,commission may issue regulations in accordance with section #eec of title #e1 ,united ,states ,code1 to implement this section4 7j7 ,study 7#a7 ,in general ,not later than #c years after the date on which ,child ,online ,protection ,board issues the first determination under this section1 the ,commission shall conduct1 and report to ,congress on1 a study that addresses the following3 7,a7 ,the use and efficacy of the ,child ,online ,protection ,board in expediting the removal of child sexual abuse material and resolving disputes concerning alleged child sexual abuse material1 including the number of proceedings the ,child ,online ,protection ,board could reasonably administer with current allocated resources4 7,b7 ,whether adjustments to the authority of the ,child ,online ,protection ,board are necessary or advisable1 including with respect to permissible claims1 responses1 fines1 costs1 and joinder by interested parties4 7,c7 ,whether the ,child ,online ,protection ,board should be permitted to expire1 be extended1 or be expanded4 7,d7 ,such other matters as the ,commission believes may be pertinent concerning the ,child ,online ,protection ,board4 7#b7 ,consultation ,in conducting the study and completing the report required under paragraph 7#a71 the ,commission shall1 to the extent feasible1 consult with complainants1 victims1 and providers to include their views on the matters addressed in the study and report4 7k7 ,limited liability 7#a7 ,in general ,except as provided in paragraph 7#b71 a civil claim or criminal charge against the ,board1 a provider1 a complainant1 interested owner1 or representative under subsection 7f77#d71 for distributing1 receiving1 accessing1 or possessing child sexual abuse material for the sole and exclusive purpose of complying with the requirements of this section1 or for the sole and exclusive purpose of seeking or providing legal advice in order to comply with this section1 may not be brought in any ,federal or ,state court4 7#b7 ,intentional1 reckless1 or other misconduct ,paragraph 7#a7 shall not apply to a claim against the ,board1 a provider1 a complainant1 interested owner1 or representative under subsection 7f77#d7-- 7,a7 for any conduct unrelated to compliance with the requirements of this section2 7,b7 if the ,board1 provider1 complainant1 interested owner1 or representative under subsection 7f77#d7 7as applicable7-- 7i7 engaged in intentional misconduct2 or 7ii7 acted1 or failed to act-- 7,i7 with actual malice2 or 7,,ii7 with reckless disregard to a substantial risk of causing physical injury without legal justification2 or 7,c7 in the case of a claim against a complainant1 if the complainant falsely claims to be a victim1 an authorized representative of a victim1 or a qualified organization4 7#c7 ,minimizing access ,the ,board1 a provider1 a complainant1 an interested owner1 or a representative under subsection 7f77#d7 shall-- 7,a7 minimize the number of individuals that are provided access to any alleged1 contested1 or actual child sexual abuse material under this section2 7,b7 ensure that any alleged1 contested1 or actual child sexual abuse material is transmitted and stored in a secure manner and is not distributed to or accessed by any individual other than as needed to implement this section2 and 7,c7 ensure that all copies of any child sexual abuse material are permanently deleted upon a request from the ,board1 ,commission1 or the ,federal ,bureau of ,investigation4 7l7 ,provider immunity from claims based on removal of visual depiction ,a provider shall not be liable to any person for any claim based on the provider's good faith removal of any visual depiction that is alleged to be child sexual abuse material pursuant to a notification under this section1 regardless of whether the visual depiction involved is found to be child sexual abuse material by the ,board4 ,a provider shall not be liable to any person for any claim based on the provider's good faith discretionary removal of any alleged related exploitive visual depictions pursuant to a notification under this section4 7m7 ,continued applicability of ,federal1 ,state1 and ,tribal law 7#a7 ,in general ,this section shall not be construed to impair1 supersede1 or limit a provision of ,federal1 ,state1 or ,tribal law4 7#b7 ,no preemption ,nothing in this section shall prohibit a ,state or ,tribal government from adopting and enforcing a provision of law governing child sex abuse material that is at least as protective of the rights of a victim as this section4 7n7 ,discovery ,nothing in this section affects discovery1 a subpoena or any other court order1 or any other judicial process otherwise in accordance with ,federal or ,state law4 7o7 ,rule of construction ,nothing in this section shall be construed to relieve a provider from any obligation imposed on the provider under section #bbeh;,a of title #ah1 ,united ,states ,code4 7p7 ,funding ,there are authorized to be appropriated to pay the costs incurred by the ,commission under this section1 including the costs of establishing and maintaining the ,board and its facilities1 #dj1jjj1jjj for each year during the period that begins with the year in which this ,act is enacted and ends with the year in which certain subsections of this section expire under subsection 7q74 7q7 ,sunset ,except for subsections 7a71 7h71 7k71 7l71 7m71 7n71 7o71 and 7r71 this section shall expire #e years after the date on which the ,child ,online ,protection ,board issues its first determination under this section4 7r7 ,definitions ,in this section3 7#a7 ,board ,the term ,board means the ,child ,online ,protection ,board established under subsection 7d74 7#b7 ,child sexual abuse material ,the term child sexual abuse material has the meaning provided in section #bbef7h7 of title #ah1 ,united ,states ,code4 7#c7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#d7 ,complainant ,the term complainant means-- 7,a7 the victim appearing in the child sexual abuse material2 7,b7 an authorized representative of the victim appearing in the child sexual abuse material2 or 7,c7 a qualified organization4 7#e7 ,designated reporting system ,the term designated reporting system means a digital means of submitting a notification to a provider under this subsection that is publicly and prominently available1 easily accessible1 and easy to use4 7#f7 ,host ,the term host means to store or make a visual depiction available or accessible to the public or any users through digital means or on a system or network controlled or operated by or for a provider4 7#g7 ,identifiable person ,the term identifiable person means a person who is recognizable as an actual person by the person's face1 likeness1 or other distinguishing characteristic1 such as a unique birthmark or other recognizable feature4 7#h7 ,interested owner ,the term interested owner means an individual who has joined a proceeding before the ,board under subsection 7g77#ac74 7#i7 ,party ,the term party means the complainant or provider4 7#aj7 ,provider ,the term provider means a provider of an interactive computer service1 as that term is defined in section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj71 and for purposes of subsections 7k7 and 7l71 includes any director1 officer1 employee1 or agent of such provider4 7#aa7 ,qualified organization ,the term qualified organization means an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf that is exempt from tax under section #eja7;a7 of that ,code that works to address child sexual abuse material and to support victims of child sexual abuse material4 7#ab7 ,recidivist hosting ,the term recidivist hosting means1 with respect to a provider1 that the provider removes child sexual abuse material pursuant to a notification or determination under this subsection1 and then subsequently hosts a visual depiction that has the same hash value or other technical identifier as the child sexual abuse material that had been so removed4 7#ac7 ,related exploitive visual depiction ,the term related exploitive visual depiction means a visual depiction of an identifiable person of any age where-- 7,a7 such visual depiction does not constitute child sexual abuse material1 but is published with child sexual abuse material depicting that person while under #ah years of age2 and 7,b7 there is a connection between such visual depiction and the child sexual abuse material depicting that person while under #ah years of age that is readily apparent from-- 7i7 the content of such visual depiction and the child sexual abuse material2 or 7ii7 the context in which such visual depiction and the child sexual abuse material appear4 7#ad7 ,small provider ,the term small provider means a provider that1 for the most recent calendar year1 averaged less than #aj1jjj1jjj active users on a monthly basis in the ,united ,states4 7#ae7 ,victim 7,a7 ,in general ,the term victim means an individual of any age who is depicted in child sexual abuse material while under #ah years of age4 7,b7 ,assumption of rights ,in the case of a victim who is under #ah years of age1 incompetent1 incapacitated1 or deceased1 the legal guardian of the victim or representative of the victim's estate1 another family member1 or any other person appointed as suitable by a court1 may assume the victim's rights to submit a notification or file a petition under this section1 but in no event shall an individual who produced or conspired to produce the child sexual abuse material depicting the victim be named as such representative or guardian4 7#af7 ,visual depiction ,the term visual depiction has the meaning provided in section #bbef7e7 of title #ah1 ,united ,states ,code4 #g4 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance is held to be unconstitutional1 the remainder of this ,act and the amendments made by this ,act1 and the application of the provision or amendment to any other person or circumstance1 shall not be affected4