,,ii  #aahth ,,congress  #b;d ,session  
,s4 #cihf  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,march #bj1    
#bjbd,mr4 ,schatz 7for himself and ,mr4 
,daines7 introduced the following bill2 
which was read twice and referred to the
 ,committee on the ,judiciary  ,a ,,bill
  ,to establish a private right of      
action against a person who sends       
unsolicited visual depictions of        
sexually explicit conduct4  #a4 ,short  
title ,this ,act may be cited as the    
,curbing ,online ,non-consensual        
,sexually ,explicit ,nudity ,transfers  
,act or the ,,consent ,act4  #b4        
,transmission of unsolicited visual     
depictions of sexually explicit conduct 
7a7 ,definitions  7#a7 ,in general ,in  
this section3 7,a7 ,consent ,the term   
consent has the meaning given the term  
in section #acji of the ,violence       
,against ,women ,act ,reauthorization   
,act of #bjbb 7#ae ,u4,s4,c4 #fhea74    
7,b7 ,machine-manipulated media ,the    
term machine-manipulated media means a  

video1 image1 or audio recording        
generated or substantially modified     
using machine-learning techniques in    
order to-- 7i7 falsely depict-- 7,i7 an 
event2 or  7,,ii7 the speech or conduct 
of an individual2 or  7ii7 depict an    
individual who does not exist4  7,c7    
,sexually explicit conduct ,the term    
sexually explicit conduct has the       
meaning given the term in section       
#bbef7b77;,b7 of title #ah1 ,united     
,states ,code4  7,d7 ,third-party       
provider ,the term third-party provider 
means-- 7i7 a provider of an interactive
 computer service 7as defined in section
 #bcj of the ,communications ,act of    
#aicd 7#dg ,u4,s4,c4 #bcj772 or  7ii7   
any other entity that transmits1 routes1
 or provides connections for electronic 
communications4  7,e7 ,visual depiction 
,the term visual depiction-- 7i7 has the
 meaning given the term in section      
#adff;,a of title #ah1 ,united ,states  
,code2 and  7ii7 includes               
machine-manipulated media4  7#b7 ,rule  

of construction ,notwithstanding the    
application of the terms sexually       
explicit conduct and visual depiction to
 only minors in chapter #aaj and section
 #adff;,a1 respectively1 of title #ah1  
,united ,states ,code1 the applicability
 of those terms shall not be limited to 
minors for purposes of this section4    
7b7 ,civil action  7#a7 ,right of action
  7,a7 ,in general ,if an individual #ah
 years of age or older1 or any person   
that is not an individual1 7referred to 
in this subparagraph as the sender7     
knowingly sends an individual 7referred 
to in this subparagraph as the          
recipient7 a visual depiction of        
sexually explicit conduct1 in or        
affecting interstate or foreign commerce
 or using any means or facility of      
interstate or foreign commerce1 without 
the consent of the recipient1 knowing   
that1 or recklessly disregarding        
whether1 the recipient has not provided 
consent to receive the visual depiction1
 the recipient may bring a civil action 

against the sender in an appropriate    
district court of the ,united ,states   
for relief under paragraph 7#b74  7,b7  
,rights on behalf of certain individuals
 ,if an individual who receives a visual
 depiction of sexually explicit conduct 
as described in subparagraph 7,a7 is    
under #ah years of age1 incompetent1 or 
incapacitated1 a legal guardian of the  
individual may bring a civil action     
under that subparagraph on behalf of the
 individual4  7,c7 ,privacy protection  
for minors  7i7 ,in general ,if a civil 
action is brought under subparagraph    
7,a7 on behalf of an individual who is a
 minor when the complaint is filed or by
 an individual who was a minor when the 
acts giving rise to the civil action    
took place1 the plaintiff may elect to  
use the plaintiff's initials in all     
filings with the court4  7ii7           
,requirement ,if a plaintiff elects to  
proceed using the plaintiff's initials  
under clause 7i71 the court and each    
other party to the action shall use the 

plaintiff's initials in-- 7,i7 any      
order1 filing1 or other such document2  
and  7,,ii7 any proceeding that is      
transcribed by a court reporter4  7,d7  
,exceptions ,a civil action under       
subparagraph 7,a7 may not be brought    
against-- 7i7 a third-party provider1 to
 the extent that the provider is        
transmitting1 routing1 or providing     
connections of electronic communications
 initiated by or at the direction of    
another person2  7ii7 a person who sends
 a visual depiction for a good faith    
medical1 educational1 or law enforcement
 purpose2 or  7iii7 a person who        
lawfully publishes a visual depiction of
 sexually explicit conduct on a website 
that requires users to be not less than 
#ah years of age4  7#b7 ,relief ,in a   
civil action brought under paragraph    
7#a71 an individual may obtain-- 7,a7   
either-- 7i7 statutory damages of not   
more than #ejj2 or  7ii7 compensatory   
damages for emotional distress2  7,b7   
reasonable attorney fees and costs2 and 

7,c7 a temporary restraining order1 a   
preliminary injunction1 or a permanent  
injunction ordering the defendant to    
cease sending visual depictions of      
sexually explicit conduct to the        
plaintiff without consent4  7#c7        
,relation to criminal laws ,nothing in  
this subsection shall be construed to   
modify1 impair1 or supersede any        
provision of criminal law4  7c7         
,severability ,if any provision of this 
section1 or the application of such     
provision to any person or circumstance1
 is held to be unconstitutional1 the    
remainder of this section1 and the      
application of the provision to any     
other person or circumstance1 shall not 
be affected4