,,ii  #aahth ,,congress  #b;d ,session  
,s4 #cgah  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,january #ca1  
#bjbd,mr4 ,lee introduced the following 
bill2 which was read twice and referred 
to the ,committee on the ,judiciary  ,a 
,,bill  ,to prevent the distribution of 
intimate visual depictions without      
consent4  #a4 ,short title2 table of    
contents  7a7 ,short title ,this ,act   
may be cited as the ,preventing ,rampant
 ,online ,technological ,exploitation   
and ,criminal ,trafficking ,act of #bjbd
 or the ,,protect ,act of #bjbd4  7b7   
,table of contents ,the table of        
contents for this ,act is as follows3   
,sec4 #a4 ,short title2 table of        
contents4,sec4 #b4 ,findings4,sec4 #c4  
,definitions4,sec4 #d4 ,severability    
clause4,,title ,i--,regulating the      
uploading of pornographic images to     
online platforms,sec4 #aja4             
,verification obligations of covered    
platform operators4,sec4 #ajb4 ,removal 
of images distributed without           

consent4,sec4 #ajc4 ,obligations of     
users4,,title ,,ii--,enforcement,sec4   
#bja4 ,civil enforcement4,sec4 #bjb4    
,criminal prohibition on nonconsensual  
distribution of intimate visual         
depictions4  #b4 ,findings ,congress    
finds the following3 7#a7 ,in the       
,united ,states1 reports of child sexual
 abuse material 7referred to in this    
section as ,,csam7 have grown           
exponentially in recent years1 from     
#c1jjj reports in #aiih to more than    
#a1jjj1jjj in #bjad and #ah1djj1jjj in  
#bjah4 ,the ,new ,york ,times called it 
an almost unfathomable increase in      
criminal behavior4  7#b7 ,the ,national 
,center for ,missing and ,exploited     
,children 7referred to in this section  
as ,,ncmec71 which is based in the      
,united ,states1 recorded more than     
#bi1cjj1jjj reports of suspected ,,csam 
to its ,cyber,tipline in #bjba1 the     
highest number of reports ever received 
in a single year and a #ce percent      
increase from #bjbj4 ,those reports     

included #he1jjj1jjj images1 videos1 and
 other files of suspected ,,csam and    
incident-related content4  7#c7 ,recent 
trends reported by ,,ncmec include      
increasingly graphic and violent sexual 
abuse images1 and videos of infants and 
young children4  7#d7 ,the ,daily1 a    
podcast hosted by the ,new ,york ,times1
 reported in #bjai that ,,csam had so   
overwhelmed law enforcement agencies in 
the ,united ,states that the ,federal   
,bureau of ,investigation1 for example1 
had prioritized investigating material  
depicting infants and toddlers1 not     
older children4  7#e7 ,the ,,covid-#ai  
pandemic has resulted in a surge in the 
online distribution of ,,csam1 which was
 remarkably high even before the        
pandemic4 ,during the pandemic1 ,,ncmec 
reported a #ajf-percent increase in the 
sharing of ,,csam globally4 ,the        
increased number of offenders exchanging
 ,,csam during lockdowns has continued  
to stimulate demand for ,,csam beyond   
the lockdowns4  7#f7 ,project ,arachnid 

is a web platform administered by the   
,canadian ,centre for ,child ,protection
 7referred to in this section as ,c#c,p7
 that is designed to detect known images
 of ,,csam and issue removal notices to 
electronic service providers when       
possible4 ,c#c,p has reported1 ,it is a 
common misconception that ,,csam and    
harmful-abusive content are relegated   
solely to the dark web44 ,in fact1 #ig  
percent of the illegal media detected by
 ,project ,arachnid hides in plain sight
 on the clear web on image or file      
hosting services1 forums1 content       
delivery networks1 and both mainstream  
adult pornography websites1 such as     
,pornhub1 ,x,videos1 ,only,fans1 and    
,you,porn1 and fringe adult pornography 
websites4  7#g7 ,in #bjba1 ,,ncmec      
reported that a majority of ,,csam      
reports1 more than #bi1aeg1jhc out of   
#bi1cig1fha1 came from electronic       
service providers4  7#h7 ,an alarming   
and increasing number of adults are     
being depicted in online pornography    

without their knowledge or consent4     
,these individuals are often victims of 
sexual abuse1 sex trafficking1 rape1    
sexual exploitation1 sextortion1 and    
forms of image-based sexual abuse such  
as nonconsensual distribution of        
sexually explicit material4  7#i7 ,most 
pornography websites do not effectively 
verify the age of the users who upload  
content to their platforms4 ,nor do     
these websites make an effort to        
effectively verify the age1 consent1 or 
identity of all individuals who are     
depicted in the pornographic content4   
7#aj7 ,pornography websites attract     
hundreds of millions of visitors daily4 
,the #b most-visited pornography        
websites in #bjbc1 for example1 reported
 attracting more than #fic1ejj1jjj and  
#fbi1ejj1jjj monthly users1             
respectively1 each exceeding the traffic
 of ,netflix1 ,twitter1 ,instagram1     
,pinterest1 or ,linked,in4  7#aa7       
,pornography websites profit from the   
content uploaded to their platforms1    

including content that depicts or       
involves rape1 child exploitation and   
abuse1 and sex trafficking4 ,in #bjai1  
#f high-level individuals employed by an
 online pornographic distributor were   
convicted of sex trafficking4 ,over an  
#aa-year period1 that platform generated
 more than #ag1jjj1jjj in revenue4      
7#ab7 ,not only are high-ranking        
officers of pornography websites aware  
of the proliferation of ,,csam material 
on their platforms1 but they appear to  
knowingly decline to investigate reports
 of nonconsensual or underage sexually  
explicit materials on the platforms4 ,a 
#bjba lawsuit revealed that ,pornhub's  
parent company ,aylo1 at the time known 
as ,mind,geed ,,usa ,incorporated1 had a
 policy to only review videos flagged   
for rape or sexual abuse if the video   
received at least #af unique reports4   
,if a video had #ae or fewer reports1   
,pornhub refused to investigate4        
,internal emails stated that as of ,may 
#bg1 #bjbj1 ,pornhub had a backlog of   

#gjf1dbe videos of possible rape or     
child sexual abuse with #ae or fewer    
reports4 ,at the time of the lawsuit1   
only #a out of ,pornhub's #a1djj total  
employees was tasked with reviewing     
videos reported for violence or ,,csam  
full-time4 ,pornhub's chief executive   
officer called these policies good and  
reasonable4  7#ac7 ,the ongoing         
exploitation of underage or             
nonconsenting individuals by highly     
visited pornography websites is         
evidenced by a recent series of         
successful lawsuits4 ,one case1         
involving #bb victims of sex trafficking
 and fraud1 concluded in a nearly       
#ac1jjj1jjj verdict against a           
pornography content producer who coerced
 women and children into producing      
sexual content4 ,another #cd women1 some
 of whom are victims of child sex       
trafficking1 filed a lawsuit against a  
pornographic website for failing to take
 proper precautions to verify the       
content uploaded to its platform and    

monetizing the illegal content4  7#ad7  
,the internet has revolutionized the    
pornography industry1 making            
pornographic content incomparably more  
available1 accessible1 affordable1 and  
anonymous than at any previous time in  
the history of the ,united ,states4     
,today1 substantial majorities of       
teenagers have viewed pornography4 ,a   
,united ,states population-based        
probability study found that #hd percent
 of males and #eg percent of females    
between the ages of #ad and #ah have    
viewed pornography1 belying the         
industry's faux status as so-called     
adult entertainment4 ,moreover1         
pornography has contributed to the      
normalization of sexual violence among  
the youth of the ,united ,states4       
,numerous studies have demonstrated that
 viewing pornography harms youth1 as it 
contributes to sexually violent         
attitudes and conduct towards children  
and adults and creates unrealistic      
expectations for intimate relationships4

 ,additionally1 research has            
demonstrated that the demand for online 
pornography has fueled an increase in   
purchasing sex from prostituted or sex  
trafficked individuals4  7#ae7 ,the     
online pornography industry has remained
 unchecked and generally immune from    
regulations4 ,online creators and       
distributors of pornographic content    
should be held to standards that require
 informed and thorough consent as well  
as age-verification4 ,currently1 no     
substantive laws govern consent in      
pornography1 which has permitted rampant
 abuses to occur4  7#af7 ,companies     
should not profit from the sexual       
exploitation of children and adults4    
,requiring pornographic websites to     
verify the age1 consent1 and identity of
 individuals appearing in pornographic  
content on their platforms would        
substantially curb the rampant          
exploitation of all children and adults 
online4  7#ag7 ,the harms to victims of 
,,csam and image-based sexual abuse are 

deep and enduring4 ,every time an image 
or video of their exploitation is       
shared1 their abuse is repeated and     
amplified4  #c4 ,definitions  7a7 ,in   
general ,in this ,act3 7#a7 ,coerced    
consent ,the term coerced consent means 
purported consent obtained from a       
person-- 7,a7 through fraud1 duress1    
misrepresentation1 undue influence1 or  
nondisclosure2  7,b7 who lacks capacity2
 or  7,c7 though exploiting or          
leveraging the person's-- 7i7           
immigration status2  7ii7 pregnancy2    
7iii7 disability2  7iv7 addiction2  7v7 
juvenile status2 or  7vi7 economic      
circumstances4  7#b7 ,consent ,the term 
consent-- 7,a7 means an agreement that  
is informed and thorough2 and  7,b7 does
 not include coerced consent4  7#c7     
,covered platform  7,a7 ,in general ,the
 term covered platform means an         
interactive computer service that hosts 
or makes available to the general public
 pornographic images4  7,b7             
,availability to public ,for purposes of

 subparagraph 7,a71 the availability of 
pornographic images to a group of       
subscribers shall be considered         
availability to the general public if   
any member of the general public        
7subject to reasonable limitations7 can 
obtain a subscription4  7#d7 ,covered   
platform operator ,the term covered     
platform operator means a provider of a 
covered platform4  7#e7 ,interactive    
computer service ,the term interactive  
computer service has the meaning given  
the term in section #bcj7;f7 of the     
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #bcj7;f774  7#f7 ,intimate    
visual depiction ,the term intimate     
visual depiction means any visual       
depiction-- 7,a7 of an individual who is
 reasonably identifiable from the visual
 depiction itself or information        
displayed in connection with the visual 
depiction1 including through-- 7i7      
facial recognition2  7ii7 an identifying
 marking on the individual1 including a 
birthmark or piercing2  7iii7 an        

identifying feature of the background of
 the visual depiction2  7iv7 voice      
matching2 or  7v7 written confirmation  
from an individual who is responsible1  
in whole or in part1 for the creation or
 development of the visual depiction2   
and  7,b7 in which-- 7i7 the individual 
depicted is engaging in sexually        
explicit conduct2 or  7ii7 the naked    
genitals1 anus1 pubic area1 or          
post-pubescent female nipple of the     
individual depicted are visible4  7#g7  
,pornographic image ,the term           
pornographic image means-- 7,a7 any     
visual depiction of actual or feigned   
sexually explicit conduct2 or  7,b7 any 
intimate visual depiction4  7#h7 ,user  
,the term user-- 7,a7 means an          
individual who is an information content
 provider 7as defined in section        
#bcj7;f7 of the ,communications ,act of 
#aicd 7#dg ,u4,s4,c4 #bcj7;f7772 and    
7,b7 with respect to a covered platform1
 means an individual described in       
subparagraph 7,a7 who is responsible1 in

 whole or in part1 for the creation or  
development of pornographic images      
hosted or made available by the covered 
platform4  7b7 ,terms defined in section
 #bbef of title #ah1 ,united ,states    
,code ,for purposes of subsection 7a7-- 
7#a7 the term computer has the meaning  
given the term in section #bbef of title
 #ah1 ,united ,states ,code2  7#b7 the  
term sexually explicit conduct has the  
meaning given the term in section       
#bbef7b77;,a7 of title #ah1 ,united     
,states ,code2 and  7#c7 the term visual
 depiction means a photograph1 film1    
video1 or modified photograph1 film1 or 
video1 whether made or produced by      
electronic1 mechanical1 or other means4 
#d4 ,severability clause ,if any        
provision of this ,act or an amendment  
made by this ,act1 or the application of
 such a provision or amendment to any   
person or circumstance1 is held to be   
unconstitutional1 the remaining         
provisions of this ,act and amendments  
made by this ,act1 and the application  

of such provisions and amendments to any
 other person or circumstance1 shall not
 be affected thereby4  ,i ,regulating   
the uploading of pornographic images to 
online platforms  #aja4 ,verification   
obligations of covered platform         
operators  7a7 ,verification of users   
7#a7 ,in general ,a covered platform    
operator may not upload or allow a user 
to upload a pornographic image to the   
covered platform unless the operator has
 verified1 in accordance with paragraph 
7#b7-- 7,a7 the identity of the user2   
and  7,b7 that the user is not less than
 #ah years old4  7#b7 ,means of         
compliance ,in carrying out paragraph   
7#a71 a covered platform operator shall 
verify the identity and age of a user   
by-- 7,a7 requiring use of an adult     
access code or adult personal           
identification number2  7,b7 accepting a
 digital certificate that verifies age2 
or  7,c7 using any other reasonable     
measure of age verification that the    
,attorney ,general has determined to be 

feasible with available technology4     
7#c7 ,insufficient user confirmation    
,merely requiring a user to confirm that
 the user is not less than #ah years of 
age1 without independent means of       
verification1 shall not satisfy the     
requirement under paragraph 7#a74  7b7  
,verification of participants  7#a7 ,in 
general ,a covered platform operator may
 not upload or allow a user to upload a 
pornographic image to the covered       
platform unless the operator has        
verified1 in accordance with paragraph  
7#b71 that each individual appearing in 
the pornographic image-- 7,a7 was not   
less than #ah years of age when the     
pornographic image was created2  7,b7   
has provided explicit written evidence  
of consent for each sex act in which the
 individual engaged during the creation 
of the pornographic image2 and  7,c7 has
 provided explicit written consent for  
the distribution of the specific        
pornographic image4  7#b7 ,separate     
consent for sex act and for distribution

 of image  7,a7 ,consent for sex act    
,consent described in subparagraph 7,b7 
of paragraph 7#a7 does not imply or     
constitute evidence of consent described
 in subparagraph 7,c7 of that paragraph4
  7,b7 ,consent for distribution of     
image ,consent described in subparagraph
 7,c7 of paragraph 7#a7 does not imply  
or constitute evidence of consent       
described in subparagraph 7,b7 of that  
paragraph4  7#c7 ,means of compliance   
,in carrying out paragraph 7#a71 a      
covered platform operator shall obtain1 
either from the user seeking to upload  
the pornographic image or through other 
means-- 7,a7 a consent form created or  
approved by the ,attorney ,general under
 paragraph 7#d7 from each individual    
appearing in the pornographic image that
 includes-- 7i7 the name1 date of birth1
 and signature of the individual2  7ii7 
a statement that the individual is not  
less than #ah years of age1 unless no   
reasonable person could conclude that   
the individual is less than #cj years of

 age2  7iii7 a statement that the       
consent is for distribution of the      
specific pornographic image2  7iv7 the  
geographic area and medium1 meaning     
online1 print1 or other distribution    
method1 for which the individual        
provides consent to distribution of the 
pornographic image2  7v7 the duration of
 time for which the individual provides 
consent to distribution of the          
pornographic image2  7vi7 a list of the 
specific sex acts that the person agrees
 to engage in for the pornographic      
image2 and  7vii7 a statement that      
explains coerced consent and that the   
individual has the right to withdraw the
 individual's consent at any time2 and  
7,b7 not less than #a form of valid     
identification for each individual      
appearing in the pornographic image--   
7i7 that-- 7,i7 was issued by an agency 
of the ,federal ,government or of a     
,state1 local1 or foreign government2   
and  7,,ii7 contains the name1 date of  
birth1 signature1 and photograph of the 

individual2 and  7ii7 on which the name1
 date of birth1 and signature of the    
individual match the name1 date of      
birth1 and signature of the individual  
on the consent form required under      
subparagraph 7,a74  7#d7 ,creation and  
approval of consent forms by ,attorney  
,general  7,a7 ,attorney ,general       
consent form  7i7 ,in general ,not later
 than #fj days after the date of        
enactment of this ,act1 the ,attorney   
,general shall create and make available
 to the public a consent form for       
purposes of paragraph 7#c77;,a74  7ii7  
,availability ,on and after the date    
that is #ij days after the date of      
enactment of this ,act1 a covered       
platform operator shall make the consent
 form created under clause 7i7 available
 to users in both written and electronic
 format4  7,b7 ,approval of alternative 
consent forms ,for purposes of paragraph
 7#c77;,a71 a user may submit to a      
covered platform an alternative consent 
form created by a user or covered       

platform operator if the alternative    
consent form has been approved by the   
,attorney ,general4  7c7 ,effective     
date2 applicability ,this section       
shall-- 7#a7 take effect on the date    
that is #ij days after the date of      
enactment of this ,act2 and  7#b7 apply 
to any pornographic image uploaded to a 
covered platform before1 on1 or after   
that effective date4  7d7 ,rules of     
construction  7#a7 ,obligations and     
criminal liability under other laws     
,nothing in this section shall be       
construed to-- 7,a7 affect any          
obligation of a covered platform under  
any other provision of ,federal or      
,state law2 or  7,b7 impact or otherwise
 limit the criminal liability of a user 
or other individual under a ,federal or 
,state obscenity law4  7#b7 ,first      
,amendment-protected speech ,nothing in 
this section shall be construed to      
prohibit or impose a prior restraint on 
speech that is protected by the ,first  
,amendment to the ,constitution of the  

,united ,states4  #ajb4 ,removal of     
images distributed without consent  7a7 
,definitions ,in this section3 7#a7     
,authorized representative ,the term    
authorized representative1 with respect 
to an individual1 means-- 7,a7 a person 
authorized in writing under ,state or   
other applicable law by the individual  
to act on behalf of the individual with 
regard to the matter in question2 or    
7,b7 in the case of an individual under 
the age of #ah1 a parent or legal       
guardian of the individual4  7#b7       
,eligible person ,the term eligible     
person1 with respect to a pornographic  
image uploaded to a covered platform1   
means-- 7,a7 an individual who appears  
in the pornographic image and has not   
provided consent to1 or has withdrawn   
consent in compliance with the laws of  
the applicable jurisdiction for1 the    
distribution of the pornographic image2 
7,b7 an authorized representative of an 
individual described in subparagraph    
7,a72 or  7,c7 a ,federal1 ,state1      

,tribal1 or local law enforcement       
officer acting pursuant to a valid court
 order4  7b7 ,mechanism for removal ,a  
covered platform operator shall-- 7#a7  
establish a procedure for removing a    
pornographic image from the covered     
platform at the request of a person2 and
  7#b7 designate #a or more employees of
 the operator to be responsible for     
handling requests for removal of        
pornographic images4  7c7 ,notice ,a    
covered platform operator shall display 
a prominently visible notice on the     
website or mobile application of the    
covered platform that provides          
instructions on how a person can request
 the removal of a pornographic image4   
7d7 ,response to requests for removal   
7#a7 ,requests from eligible persons ,if
 a covered platform operator receives a 
request from an eligible person1 through
 any request mechanism offered by the   
operator under subsection 7b71 to remove
 a pornographic image that is being     
hosted by the covered platform without  

the consent of an individual who appears
 in the pornographic image1 the operator
 shall remove the pornographic image as 
quickly as possible1 and in any event   
not later than #gb hours after receiving
 the request4  7#b7 ,requests from      
persons other than eligible persons ,if 
a covered platform operator receives a  
request from a person other than an     
eligible person1 through any request    
mechanism offered by the operator under 
subsection 7b71 to remove a pornographic
 image that is being hosted by the      
covered platform without the consent of 
an individual who appears in the        
pornographic image1 not later than #gb  
hours after receiving the request-- 7,a7
 the operator shall review the records  
of the operator with respect to the     
pornographic image to determine whether 
the pornographic image was uploaded to  
the platform in accordance with the     
verification requirements under         
subsections 7a7 and 7b7 of section #aja2
 and  7,b7 if the operator determines   

under subparagraph 7,a7 that the        
pornographic image was not uploaded to  
the platform in accordance with the     
verification requirements under         
subsections 7a7 and 7b7 of section #aja1
 the operator shall remove the          
pornographic image4  7e7 ,blocking      
re-,uploads ,in the case of a           
pornographic image that has been removed
 from a covered platform in accordance  
with this section1 the covered platform 
operator shall block the pornographic   
image1 and any altered or edited version
 of the pornographic image1 from being  
uploaded to the covered platform again4 
7f7 ,effective ,date2 applicability     
7#a7 ,in general ,this section shall--  
7,a7 except as provided in paragraph    
7#b71 take effect on the date that is   
#ij days after the date of enactment of 
this ,act2 and  7,b7 apply to any       
pornographic image uploaded to a covered
 platform before1 on1 or after that     
effective date4  7#b7 ,blocking         
re-uploads ,subsection 7e7 shall take   

effect on the date that is #ahj days    
after the date of enactment of this     
,act4  #ajc4 ,obligations of users  7a7 
,consent requirement ,a user of a       
covered platform may not upload a       
pornographic image of an individual to  
the covered platform without the consent
 of the individual4  7b7 ,determination 
of consent ,for purposes of subsection  
7a71 whether an individual has provided 
consent to the uploading of an image    
shall be determined in accordance with  
this ,act and applicable ,state law4    
,,ii ,enforcement  #bja4 ,civil         
enforcement  7a7 ,verification          
obligations of covered platform         
operators  7#a7 ,civil penalty for      
failure to verify users  7,a7 ,in       
general ,the ,attorney ,general may     
impose a civil penalty on any covered   
platform operator that violates section 
#aja7;a7 in an amount of not more than  
#aj1jjj for each day during which a     
pornographic image remains on the       
covered platform in violation of that   

section1 beginning #bd hours after the  
,attorney ,general provides notice of   
the violation to the operator4  7,b7    
,per-day and per-image basis ,a civil   
penalty under subparagraph 7,a7 shall   
accrue on a per-day and per-image basis4
  7,c7 ,use of proceeds ,notwithstanding
 section #ccjb of title #ca1 ,united    
,states ,code1 the ,attorney ,general   
may use the proceeds from a civil       
penalty collected under subparagraph    
7,a7 to carry out enforcement under this
 section4  7#b7 ,civil liability for    
failure to verify participants ,if a    
covered platform operator violates      
section #aja7;b7 with respect to a      
pornographic image1 any person aggrieved
 by the violation may bring a civil     
action against the covered platform     
operator in an appropriate district     
court of the ,united ,states for damages
 in an amount equal to the greater of-- 
7,a7 #aj1jjj for each day during which a
 pornographic image remains on the      
covered platform in violation of that   

section1 calculated on a per-day and    
per-image basis2 or  7,b7 actual        
damages4  7b7 ,removal of images        
distributed without consent  7#a7 ,civil
 penalty for failure to establish       
mechanism for removal  7,a7 ,in general 
,the ,attorney ,general may impose a    
civil penalty on any covered platform   
operator that violates section #ajb7;b7 
in an amount of not more than #aj1jjj   
for each day during which the covered   
platform remains in violation of that   
section1 beginning #bd hours after the  
,attorney ,general provides notice of   
the violation to the operator4  7,b7    
,use of proceeds ,notwithstanding       
section #ccjb of title #ca1 ,united     
,states ,code1 the ,attorney ,general   
may use the proceeds from a civil       
penalty collected under subparagraph    
7,a7 to carry out enforcement under this
 section4  7#b7 ,civil penalty for      
failure to display notice of mechanism  
for removal ,the ,attorney ,general may 
impose a civil penalty on any covered   

platform operator that violates section 
#ajb7;c7 in an amount of not more than  
#e1jjj for each day during which the    
covered platform remains in violation of
 that section1 beginning #bd hours after
 the ,attorney ,general provides notice 
of the violation to the operator4  7#c7 
,civil liability for failure to make    
timely removal  7,a7 ,in general ,if a  
covered platform operator violates      
section #ajb7;d7 with respect to a      
pornographic image1 any person aggrieved
 by the violation may bring a civil     
action against the covered platform     
operator in an appropriate district     
court of the ,united ,states for damages
 in an amount equal to the greater of-- 
7i7 #aj1jjj for each day during which   
the pornographic image remains on the   
covered platform in violation of that   
section1 calculated on a per-day and    
per-image basis2 or  7ii7 actual        
damages4  7,b7 ,good faith exception    
7i7 ,in general ,a covered platform     
operator shall not be liable under      

subparagraph 7,a7 for a violation of    
section #ajb7;d7 if1 in allowing the    
upload of a pornographic image to the   
covered platform1 the operator          
reasonably relied on verification       
materials1 in accordance with section   
#aja7;b77#c71 that were later found to  
be fraudulent1 provided that the        
operator removes the pornographic image 
not later than #bd hours after          
discovering that the verification       
materials are fraudulent4  7ii7 ,failure
 to remove ,if a covered platform       
operator fails to remove a pornographic 
image within #bd hours of discovering   
that the verification materials are     
fraudulent1 as described in clause 7i71 
damages under subparagraph 7,a77i7 shall
 be calculated with respect to each day 
on or after the date on which that      
#bd-;hour period expires4  7#d7 ,civil  
liability for failure to block          
re-uploads ,if a covered platform       
operator violates section #ajb7;e7 with 
respect to a pornographic image1 any    

person aggrieved by the violation may   
bring a civil action against the covered
 platform operator in an appropriate    
district court of the ,united ,states   
for damages in an amount equal to the   
greater of-- 7,a7 #aj1jjj for each day  
during which the pornographic image     
remains on the covered platform in      
violation of that section2 or  7,b7     
actual damages4  7c7 ,civil liability   
for violation of user obligations ,if a 
user of a covered platform violates     
section #ajc with respect to a          
pornographic image1 any person aggrieved
 by the violation may bring a civil     
action against the user in an           
appropriate district court of the       
,united ,states for damages in an amount
 equal to the greater of-- 7#a7 #aj1jjj 
for each day during which the           
pornographic image remains on the       
covered platform in violation of that   
section1 calculated on a per-day and    
per-image basis2 or  7#b7 actual        
damages4  7d7 ,relation to              

,communications ,decency ,act ,nothing  
in this section shall be construed to   
affect section #bcj of the              
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #bcj74  #bjb4 ,criminal       
prohibition on nonconsensual            
distribution of intimate visual         
depictions  7a7 ,in general ,chapter #hh
 of title #ah1 ,united ,states ,code1 is
 amended by adding at the end the       
following3  #ahjb4 ,nonconsensual       
distribution of intimate visual         
depictions  7a7 ,definitions ,in this   
section3 7#a7 ,information content      
provider ,the term information content  
provider has the meaning given the term 
in section #bcj7;f7 of the              
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #bcj7;f774  7#b7 ,interactive 
computer service ,the term interactive  
computer service has the meaning given  
the term in section #bcj7;f7 of the     
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #bcj7;f774  7#c7 ,intimate    
visual depiction ,the term intimate     

visual depiction means any visual       
depiction-- 7,a7 of an individual who is
 reasonably identifiable from the visual
 depiction itself or information        
displayed in connection with the visual 
depiction1 including through-- 7i7      
facial recognition2  7ii7 an identifying
 marking on the individual1 including a 
birthmark or piercing2  7iii7 an        
identifying feature of the background of
 the visual depiction2  7iv7 voice      
matching2 or  7v7 written confirmation  
from an individual who is responsible1  
in whole or in part1 for the creation or
 development of the visual depiction2   
and  7,b7 in which-- 7i7 the individual 
depicted is engaging in sexually        
explicit conduct2 or  7ii7 the naked    
genitals1 anus1 pubic area1 or          
post-pubescent female nipple of the     
individual depicted are visible and are 
depicted with the objective intent to   
arouse1 titillate1 or gratify the sexual
 desires of a person4  7#d7 ,sexually   
explicit conduct ,the term sexually     

explicit conduct has the meaning given  
that term in section #bbef7b77;,a74     
7#e7 ,visual depiction ,the term visual 
depiction means a photograph1 film1     
video1 or modified photograph1 film1 or 
video1 whether made or produced by      
electronic1 mechanical1 or other means4 
7b7 ,offense ,except as provided in     
subsection 7d71 it shall be unlawful for
 any information content provider to    
knowingly use any interactive computer  
service to publish an intimate visual   
depiction of an individual with         
knowledge of or reckless disregard for--
 7#a7 the lack of consent of the        
individual to the publication2 and  7#b7
 the reasonable expectation of the      
individual that the depiction would not 
be published through an interactive     
computer service without the            
individual's consent4  7c7 ,penalty ,any
 person who violates subsection 7b7     
shall be fined under this title1        
imprisoned for not more than #e years1  
or both4  7d7 ,exceptions  7#a7 ,law    

enforcement1 lawful reporting1 and other
 legal proceedings ,subsection 7b7--    
7,a7 does not prohibit any lawful law   
enforcement1 correctional1 or           
intelligence activity2  7,b7 shall not  
apply to an individual acting in good   
faith to report unlawful activity or in 
pursuance of a legal or other lawful    
obligation2 and  7,c7 shall not apply to
 a document production or filing        
associated with a legal proceeding4     
7#b7 ,rule of construction ,nothing in  
this subsection shall affect the        
liability protection provided under     
section #bcj of the ,communications ,act
 of #aicd 7#dg ,u4,s4,c4 #bcj74  7e7    
,venue and extraterritoriality  7#a7    
,venue ,a prosecution under this section
 may be brought in a district in which--
 7,a7 the defendant or the depicted     
individual resides2 or  7,b7 the        
intimate visual depiction is distributed
 or made available4  7#b7               
,extraterritoriality ,there is          
extraterritorial ,federal jurisdiction  

over an offense under this section if   
the defendant or the depicted individual
 is a citizen or permanent resident of  
the ,united ,states4  4  7b7 ,clerical  
amendment ,the table of sections for    
chapter #hh of title #ah1 ,united       
,states ,code1 is amended by adding at  
the end the following3  #ahjb4          
,nonconsensual distribution of intimate 
visual depictions4  4