,i #aaith ,,congress #ast ,session ,h4 ,r4 #ciba ,,in ,,the ,,house ,,of ,,representatives ,june #aa1 #bjbe,mr4 ,moore of ,alabama 7for himself and ,ms4 ,garcia of ,texas7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,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 #bjbe or the ,,stop ,,csam ,act of #bjbe4 #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 paragraphs 7#e71 7#f71 and 7#g7 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 7#f7 the term exploitation means-- 7,a7 child pornography2 7,b7 child sex trafficking2 or 7,c7 an obscene visual depiction of a child2 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,d7 in paragraph 7#i77;,d7-- 7i7 by striking genitals and inserting anus1 genitals12 and 7ii7 by striking or animal2 7,e7 in paragraph 7#aa71 by striking and at the end2 7,f7 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,g7 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 7#ae7 the term child pornography has the meaning given the term in section #bbef7h72 and 7#af7 the term obscene visual depiction of a child means any visual depiction prohibited by section #adff;,a involving an identifiable minor1 as that term is defined in section #bbef7i74 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 by inserting or an obscene visual depiction of a child after child pornography each place it appears except the second instance in paragraph 7#c72 7,c7 in paragraph 7#a71 by inserting and any civil action brought under section #bbee or #bbee;,a after any criminal proceeding2 7,d7 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 pornography or an obscene visual depiction of a child4 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,e7 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 7ii7 by striking 1 as defined under section #bbef7h712 and 7iii7 by inserting or obscene visual depiction of a child after such child pornography4 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 sexual 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 that-- 7,a7 shall contain-- 7i7 the mailing address1 telephone number1 facsimile number1 electronic mailing address of1 and individual point of contact for1 such provider2 and 7ii7 information or material described in subsection 7b77#a77;,a7 concerning such facts or circumstances or apparent child pornography2 and 7,b7 may contain information described in subsection 7b77#b71 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 7#c7 ,complainant information ,for a report premised on a complaint or notification submitted to a provider by a user of the provider's product or service1 or a parent1 guardian1 or representative of such user1 the provider shall take reasonable measures to determine what information or material in the user's account shall be included in the report as provided in subsection 7b77#a77;,a77vi74 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 port number1 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 report1 or all accessible chats1 messages1 or text exchanges that are related to the report1 that were 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 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 is created in whole or in part through the use of software1 machine learning1 artificial intelligence1 or any other computer-generated or technological means1 including by adapting1 modifying1 manipulating1 or altering an authentic visual depiction2 7,,ii7 has previously been the subject of a report under subsection 7a77#a72 or 7,,iii7 is the subject of multiple contemporaneous reports due to rapid and widespread distribution2 and 7vi7 any and all information or material 7including apparent child pornography1 chats1 messages1 or text exchanges7 relating to the subject of the report in the account of a user of the provider's product or service1 if the user1 or the parent1 guardian1 or representative of such user-- 7,i7 provided the information or material in a notification or complaint to the provider2 7,,ii7 indicates that such information or material should be included in the report2 or 7,,iii7 consents to the inclusion of such information or material in the report2 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 or financial 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 port number1 uniform resource locator1 payment or financial information 7excluding personally identifiable information71 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 address1 port number1 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,i7 ,chats1 messages1 or text exchanges ,chats1 messages1 or text exchanges that fully provide the context for the report4 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 striking paragraph 7#e7 and inserting 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 #bjbe1 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 ,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,c7 ,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 user 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,d7 ,culture of safety 7i7 ,the measures1 tools1 and technologies that the provider deploys to-- 7,i7 protect children from sexual exploitation and abuse using the provider's product or service2 7,,ii7 prevent or interdict activity by children related to sexual exploitation and abuse1 including the posting or sharing of intimate visual depictions2 and 7,,iii7 accurately identify adult and minor users4 7ii7 ,the measures1 tools1 and technologies that the provider deploys to empower parents and guardians to protect their children from sexual exploitation and abuse using the provider's product or service4 7iii7 ,the measures1 tools1 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 7iv7 ,with respect to the measures1 tools1 and technologies described in clauses 7i71 7ii71 and 7iii7-- 7,i7 an assessment of their efficacy1 including any relevant quantitative information indicating when and how often they are used2 and 7,,ii7 information on any factors that limit their efficacy or create gaps in their protection and efforts by the provider to address those loopholes or gaps4 7v7 ,a description of factors that interfere with the provider's ability to detect or evaluate instances of child sexual exploitation and abuse and an analysis of the impact of those factors4 7vi7 ,information shared by the provider with users about the risks to children on the provider's product or service concerning sexual exploitation and abuse and an assessment of the impact of the information on users1 including any relevant quantitative information indicating how often the information is reviewed4 7,e7 ,safety by design ,the measures that the provider takes before launching a new product or service-- 7i7 to assess-- 7,i7 the safety risks for children with respect to sexual exploitation and abuse2 and 7,,ii7 whether and how individuals could use the new product or service to commit child sexual exploitation and abuse2 and 7ii7 to determine-- 7,i7 the appropriate age for users of the new product or service2 and 7,,ii7 whether the new product or service will be adopted to commit child sexual exploitation and abuse4 7,f7 ,prevalence1 trends1 and patterns ,any information concerning-- 7i7 the prevalence of child sexual exploitation and abuse on the provider's product or service1 including the volume of child pornography that is available and that is being accessed1 distributed1 or received2 and 7ii7 emerging trends1 risks1 and changing patterns with respect to the commission of online child sexual exploitation and abuse4 7,g7 ,other information ,any other information relevant to child sexual exploitation and abuse on the provider's product or service4 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,c7 through 7,f7 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 ,whether or not such redaction is requested by the provider1 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 pursuant to the request4 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 and the development and training of tools1 undertaken 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 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 ,information sharing with providers and entities for the purposes of preventing and curtailing the online sexual exploitation of children2 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 an 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 7,,iii7 by inserting or content1 elements1 or reported materials1 after visual depiction12 7,,iv7 by inserting a comma after location2 7,v7 by striking and any other elements2 and 7,,vi7 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 entities after providers2 7ii7 by striking ,any provider and inserting the following3 7#a7 ,in general ,any provider or 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 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 curtailing1 preventing1 or 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 or entity 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;,a7e71 after #bbei;,a2 and 7#f7 by adding at the end the following3 #bbfj;,b4 ,liability for certain child sexual 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 sexual 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 ,additional remedy for certain victims of child pornography or child sexual exploitation 7a7 ,in general 7#a7 ,promotion or aiding and abetting of certain violations ,any person who is a victim of the intentional1 knowing1 or reckless 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 intentional1 knowing1 or reckless 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 ,application of section #bbeh;,b ,a civil action brought under subsection 7a7 shall be subject to section #bbeh;,b4 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 ,evidence of actions or circumstances described in paragraph 7#a7 shall be admissible in a civil action brought under subsection 7a7 if-- 7,a7 the actions or circumstances are relevant under rules #dja and #djb of the ,federal ,rules of ,evidence to-- 7i7 prove motive1 intent1 preparation1 plan1 absence of mistake1 or lack of accident2 or 7ii7 rebut any evidence or factual or legal claim2 and 7,b7 the actions or circumstances-- 7i7 are otherwise admissible under the ,federal ,rules of ,evidence2 and 7ii7 are not subject to exclusion under rule #djc or any other rule of the ,federal ,rules of ,evidence4 7#c7 ,no effect on discovery ,nothing in paragraph 7#a7 or 7#b7 shall be construed to create a defense to a discovery request or otherwise limit or affect discovery in any civil action brought under subsection 7a74 7h7 ,defense ,in a civil action under subsection 7a77#b7 involving knowing or reckless conduct1 it shall be a defense at trial1 which the provider of an interactive computer service must establish by a preponderance of the evidence as determined by the finder of fact1 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 7#b7 the provider 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 or 7#c7 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 or defenses 7#a7 ,definitions ,in this subsection3 7,a7 ,bad faith civil action ,the term bad faith civil action means a civil action brought under subsection 7a7 in bad faith where the finder of fact determines that at the time the civil action was filed1 the party1 attorney1 or law firm described in paragraph 7#b7 had actual knowledge that-- 7i7 the alleged conduct did not involve any minor2 or 7ii7 the alleged child pornography did not depict-- 7,i7 any minor2 or 7,,ii7 sexually explicit conduct1 sexual suggestiveness1 full or partial nudity1 or implied sexual activity4 7,b7 ,bad faith defense ,the term bad faith defense means a defense in a civil action brought under subsection 7a7 raised in bad faith where the finder of fact determines that at the time the defense was raised1 the party1 attorney1 or law firm described in paragraph 7#c7 had actual knowledge that the defense-- 7i7 was made solely for the purpose of delaying the civil action or increasing the costs of the civil action2 or 7ii7 was objectively baseless in light of the applicable law or facts at issue4 7#b7 ,bad faith civil action ,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#c7 ,bad faith defense ,in the case of a civil action brought under subsection 7a71 the court may impose sanctions on-- 7,a7 the party defending the civil action if the court finds that the party has raised #b or more bad faith defenses 7which may include #a or more defenses raised in the instant civil action72 or 7,b7 an attorney or law firm representing the party defending the civil action if the court finds that the attorney or law firm has represented-- 7i7 a party who has raised #b or more bad faith defenses 7which may include #a or more defenses raised in the instant civil action72 or 7ii7 #b or more parties who have each raised a bad faith defense 7which may include a defense raised in the instant civil action74 7#d7 ,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#e7 ,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#a77;,a77ii7 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 7k7 ,savings clause ,nothing in this section1 including the defenses under this section1 shall be construed to apply to any civil action brought under any other ,federal law1 rule1 or regulation1 including any civil action brought against a provider of an interactive computer service or an app store under section #aeie or #bbee4 4 7#b7 ,clerical 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 ,additional remedy for certain victims of child pornography or child sexual exploitation4 4 #f4 ,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 #g4 ,continued applicability of ,federal1 ,state1 and ,tribal law 7a7 ,federal law ,nothing in this ,act or the amendments made by this ,act1 nor any rule or regulation issued pursuant to this ,act or the amendments made by this ,act1 shall affect or diminish any right or remedy for a victim of child pornography or child sexual exploitation under any other ,federal law1 rule1 or regulation1 including any claim under section #bbee of title #ah1 ,united ,states ,code1 with respect to any individual or entity4 7b7 ,state or ,tribal law ,nothing in this ,act or the amendments made by this ,act1 nor any rule or regulation issued pursuant to this ,act or the amendments made by this ,act1 shall-- 7#a7 preempt1 diminish1 or supplant any right or remedy for a victim of child pornography or child sexual exploitation under any ,state or ,tribal common or statutory law2 or 7#b7 prohibit the enforcement of a law governing child pornography or child sexual exploitation that is at least as protective of the rights of a victim as this ,act and the amendments made by this ,act4