,,ii #aahth ,,congress #ast ,session ,s4 #hbc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ae1 #bjbc,mr4 ,hawley introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to hold social media companies liable for hosting or distributing child sexual abuse material4 #a4 ,short title ,this ,act may be cited as the ,everyone can ,notice-and-,takedown ,distribution of ,child ,sexual ,abuse ,material ,act or the ,,end ,,csam ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,child sexual abuse material ,the term child sexual abuse material has the meaning given the term child pornography in section #bbef of title #ah1 ,united ,states ,code4 7#b7 ,covered interactive computer service ,the term covered interactive computer service means an interactive computer service-- 7,a7 provided through a website1 online application1 or mobile application 7including a single interactive computer service that is provided through more than one such website or application72 7,b7 through which information provided by another information content provider is distributed2 7,c7 that enables an individual user to create an account for the purpose of viewing1 generating1 or modifying content that can be viewed1 shared1 or otherwise interacted with by other third-party users of the interactive computer service2 and 7,d7 that does not have peer-to-peer messaging as its principal function4 7#c7 ,interactive computer service ,the term interactive computer service has the meaning given the term in section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj74 7#d7 ,minor ,the term minor has the meaning given the term in section #bbef of title #ah1 ,united ,states ,code4 7#e7 ,social media company ,the term social media company-- 7,a7 means a company that provides1 in or affecting interstate or foreign commerce1 a covered interactive computer service2 and 7,b7 does not include an organization described in section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code4 #c4 ,civil liability for social media companies hosting prohibited content 7a7 ,prohibition ,it shall be unlawful for a social media company to knowingly or recklessly host or distribute child sexual abuse material4 7b7 ,civil penalty ,a social media company that violates subsection 7a7 shall be liable to the ,united ,states ,government for a civil penalty of not less than #ajj1jjj and not more than #ejj1jjj1 in accordance with this ,act4 #d4 ,notice process for companies hosting prohibited content 7a7 ,in general ,a social media company shall-- 7#a7 provide a notice process for persons to make the company aware that the company is hosting or distributing content in apparent violation of section #c7;a72 and 7#b7 7,a7 designate an agent of the company to receive notice under the notice process described in paragraph 7#a72 and 7,b7 make available on the website1 web service1 or web application of the company1 in a location accessible to the public1 the name1 address1 phone number1 and electronic mail address of the agent designated under subparagraph 7,a74 7b7 ,notice process requirements ,the notice process required under subsection 7a7 shall readily enable a person to provide to the agent designated under subsection 7a77#b7 substantially the following3 7#a7 ,identification of each visual depiction claimed to be child sexual abuse material4 7#b7 ,information reasonably sufficient to permit the agent receiving the notice to contact the person1 such as an address1 telephone number1 or electronic mail address4 7#c7 ,a brief statement that-- 7,a7 affirms that the person has a good faith belief that each visual depiction described in paragraph 7#a7 is child sexual abuse material2 and 7,b7 explains why the person has that belief4 7c7 ,liability protection for disabling access to or removing visual depiction 7#a7 ,in general ,except as provided in paragraph 7#b71 a social media company shall not be liable for any claim based on the company's good faith disabling of access to1 or removal of1 a visual depiction that the company believes is child sexual abuse material4 7#b7 ,no protection for disabling access or removing more than #aj days after receiving notice ,paragraph 7#a7 shall not apply with respect to a visual depiction that a social media company disables access to or removes if the company-- 7,a7 was notified about the visual depiction under the notice process required under subsection 7a72 and 7,b7 failed to disable access to or remove the visual depiction during the #aj-;day period beginning on the date of the notice described in subparagraph 7,a74 7d7 ,lack of notice not an excuse for violation ,it shall not be a defense to an alleged violation of section #c7;a7 that a social media company did not receive notice of the alleged violation under the notice process required under subsection 7a7 of this section4 7e7 ,determination by social media company that visual depiction is not child sexual abuse material ,if a social media company receives notice of an alleged violation of section #c7;a7 under the notice process required under subsection 7a7 of this section and determines that the content alleged to be hosted or distributed in violation of section #c7;a7 is not child sexual abuse material1 the company shall1 not later than the last day of the #aj-;day period beginning on the date of the notice1 submit to the person who provided the notice a response that-- 7#a7 confirms receipt of the notice2 7#b7 states that the company determined that the content is not child sexual abuse material2 and 7#c7 provides an explanation for the determination described in paragraph 7#b71 including any relevant evidence4 #e4 ,qui tam civil action 7a7 ,actions by private persons 7#a7 ,right of action 7,a7 ,in general ,if a person provides notice to a social media company regarding a visual depiction under the notice process required under section #d7;a7 and the social media company does not disable access to or remove the visual depiction during the #aj-;day period beginning on the date of the notice1 the person may bring an action for the person and for the ,united ,states ,government to recover a civil penalty under section #c7;b7 against the social media company for violating section #c7;a74 7,b7 ,action in name of ,government ,an action under subparagraph 7,a7 shall be brought in the name of the ,government4 7#b7 ,service on ,government2 election to intervene 7,a7 ,service on ,government ,a copy of the complaint and written disclosure of substantially all material evidence and information the person possesses1 including any evidence and information received under section #d7;e71 shall be served on the ,government pursuant to ,rule #d7;i7 of the ,federal ,rules of ,civil ,procedure4 7,b7 ,election to intervene ,not later than #cj days after the ,government receives both the complaint and the material evidence and information under subparagraph 7,a71 the ,government shall-- 7i7 intervene and proceed with the action1 in which case the action shall be solely conducted by the ,government2 or 7ii7 notify the court that the ,government declines to take over the action1 in which case the person bringing the action shall have the right to conduct the action4 7#c7 ,no intervention or related actions by other parties ,when a person brings an action under this subsection1 no person other than the ,government may intervene or bring a related action based on the facts underlying the pending action4 7b7 ,rights of the parties to qui tam actions 7#a7 ,government prosecution ,if the ,government proceeds with an action under subsection 7a7-- 7,a7 the ,government-- 7i7 shall have the sole responsibility for prosecuting the action1 subject to paragraph 7#b72 and 7ii7 shall not be bound by an act of the person bringing the action2 and 7,b7 the person who initiated the action shall not have the right to continue as a party to the action4 7#b7 ,limitation on dismissal by ,government ,the ,government may dismiss an action brought under subsection 7a7 if the ,government determines1 based on a thorough and good faith examination of the material evidence and information presented to the ,government1 that the content alleged to be hosted or distributed in violation of section #c7;a7 is not child sexual abuse material4 7#c7 ,limitation on settlement by government ,the ,government may settle an action brought under subsection 7a7 with the defendant if the court determines1 after a hearing1 that the proposed settlement is fair1 adequate1 and reasonable under all the circumstances4 7#d7 ,private prosecution 7,a7 ,in general ,if the ,government elects not to proceed with an action under subsection 7a71 the person who initiated the action shall have the right to conduct the action4 7,b7 ,provision of case documents ,if the ,government so requests1 the ,government shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts 7at the ,government's expense74 7c7 ,award to qui tam plaintiff 7#a7 ,government prosecution ,if the ,government proceeds with an action brought by a person under subsection 7a7-- 7,a7 the person shall receive not less than #be percent of the proceeds of the action2 7,b7 any payment to the person under subparagraph 7,a7 shall be made from the proceeds of the action2 7,c7 the person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred1 plus reasonable attorneys' fees and costs2 and 7,d7 all expenses1 fees1 and costs described in subparagraph 7,c7 shall be awarded against the defendant4 7#b7 ,private prosecution ,if the ,government does not proceed with an action under subsection 7a7-- 7,a7 the person bringing the action or settling the claim shall receive not less than #ej percent of the proceeds of the action or settlement of the claim2 7,b7 any payment to the person under subparagraph 7,a7 shall be made from the proceeds of the action2 7,c7 the person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred1 plus reasonable attorneys' fees and costs2 and 7,d7 all expenses1 fees1 and costs described in subparagraph 7,c7 shall be awarded against the defendant4 7#c7 ,unclean hands 7,a7 ,reduction in share of proceeds for qui tam plaintiff ,whether or not the ,government proceeds with an action under subsection 7a71 if the court finds that the action was brought by a person who planned and initiated the violation of section #c7;a7 upon which the action was brought1 then the court may1 to the extent the court considers appropriate1 reduce the share of the proceeds of the action that the person would otherwise receive under paragraph 7#a7 or 7#b7 of this subsection1 taking into account the role of the person in advancing the case to litigation and any relevant circumstances pertaining to the violation4 7,b7 ,criminal conviction 7i7 ,dismissal of party ,if the person bringing an action under subsection 7a7 is convicted of criminal conduct arising from the person's role in the violation of section #c7;a71 the person-- 7,i7 shall be dismissed from the action2 and 7,,ii7 may not receive any share of the proceeds of the action4 7ii7 ,right of ,government to continue action ,a dismissal under clause 7i7 shall not prejudice the right of the ,united ,states to continue the action1 represented by the ,department of ,justice4 7#d7 ,award of attorneys' fees and costs to defendant ,if the ,government does not proceed with an action under subsection 7a7 and the person bringing the action conducts the action1 the court may award to the defendant its reasonable attorneys' fees and expenses if the defendant prevails in the action4 7d7 ,certain actions barred ,a person may not bring an action under subsection 7a7 that is based on allegations that are the subject of a civil action to which the ,government is already a party4 7e7 ,dismissal by court ,the court shall dismiss an action or claim brought under subsection 7a7 if1 as determined based on facts found by the court1 the content alleged to be hosted or distributed in violation of section #c7;a7 is not child sexual abuse material4 7f7 ,government not liable for certain expenses ,the ,government is not liable for expenses that a person incurs in bringing an action under subsection 7a74 7g7 ,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 in a civil action brought under this section4