,,ii  #aaith ,,congress  #b;d ,session  
,s4 #eabi  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #bc1     
#bjbf,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 title ,this ,act   
may be cited as the ,preventing ,rampant
 ,online ,technological ,exploitation   
and ,criminal ,trafficking ,act of #bjbf
 or the ,,protect ,act of #bjbf4  #b4   
,regulating the uploading of            
pornographic images to online platforms 
7a7 ,amendment to title #ah1 ,united    
,states ,code  7#a7 ,in general ,chapter
 #aaj of title #ah1 ,united ,states     
,code1 is amended by inserting after    
section #bbeg;,a the following3         
#bbeg;,b4 ,uploading pornographic images
 to online platforms  7a7 ,definitions  
,in this section3 7#a7 ,consent ,the    
term consent has the meaning given the  
term in section #bbc7;h7 of the         

,communications ,act of #aicd 7#dg      
,u4,s4,c4 #bbc7;h774  7#b7 ,covered     
platform  7,a7 ,in general ,the term    
covered platform means a website1 online
 service1 online application1 or mobile 
application-- 7i7 that serves the       
public2 and  7ii7 7,i7 that primarily   
provides a forum for user-generated     
content1 including messages1 videos1    
images1 games1 and audio files2 or      
7,,ii7 for which it is in the regular   
course of trade or business of the      
website1 online service1 online         
application1 or mobile application to   
publish1 curate1 host1 or make available
 intimate visual depictions4  7,b7      
,exclusions ,the term covered platform  
does not include-- 7i7 broadband        
internet access service1 as described in
 section #h4a7;b7 of title #dg1 ,code of
 ,federal ,regulations1 or any successor
 regulation2  7ii7 electronic mail2 or  
7iii7 except as provided in subparagraph
 7,a77ii77,,ii71 a website1 online      
service1 or application-- 7,i7 that     

consists primarily of content that is   
not user-generated and is preselected by
 the provider of the website1 online    
service1 or application2 and  7,,ii7 for
 which any chat1 comment1 or interactive
 functionality is incidental to1        
directly related to1 or dependent on the
 provision of the content described in  
subclause 7,i74  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 visible4  7#d7  
,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#e7 ,user  
7,a7 ,in general ,the term user means an
 individual who is an information       
content provider1 as defined in section 
#bcj7;f7 of the ,communications ,act of 
#aicd 7#dg ,u4,s4,c4 #bcj7;f774  7,b7   
,clarification ,for purposes of         
subparagraph 7,a71 the term information 
within the definition of the term       
information content provider in section 
#bcj7;f7 of the ,communications ,act of 
#aicd 7#dg ,u4,s4,c4 #bcj7;f77 shall be 
construed to include pornographic       
images4  7b7 ,verification obligations  
of covered platform providers  7#a7     

,verification of users  7,a7 ,in general
 ,a provider of a covered platform may  
not upload or allow a user to upload a  
pornographic image to the covered       
platform unless the provider has        
verified1 in accordance with            
subparagraph 7,b7-- 7i7 the identity of 
the user2 and  7ii7 that the user is not
 less than #ah years old4  7,b7 ,means  
of compliance ,in carrying out          
subparagraph 7,a71 a provider of a      
covered platform shall verify the       
identity and age of a user by-- 7i7     
requiring use of an adult access code or
 adult personal identification number2  
7ii7 accepting a digital certificate    
that verifies age2 or  7iii7 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 subparagraph 7,a74    
7#b7 ,verification of participants  7,a7
 ,in general ,a provider of a covered   
platform may not upload or allow a user 
to upload a pornographic image to the   
covered platform unless the provider has
 verified1 in accordance with           
subparagraph 7,b71 that each individual 
appearing in the pornographic image--   
7i7 was not less than #ah years of age  
when the pornographic image was created2
  7ii7 has provided explicit written    
evidence of consent for each sex act in 
which the individual engaged during the 
creation of the pornographic image2 and 
7iii7 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  7i7 ,consent for 
sex act ,consent described in clause    
7ii7 of subparagraph 7,a7 does not imply
 or constitute evidence of consent      
described in clause 7iii7 of that       

subparagraph4  7ii7 ,consent for        
distribution of image ,consent described
 in clause 7iii7 of subparagraph 7,a7   
does not imply or constitute evidence of
 consent described in clause 7ii7 of    
that subparagraph4  7,c7 ,means of      
compliance ,in carrying out subparagraph
 7,a71 a provider of a covered platform 
shall obtain1 either from the user      
seeking to upload the pornographic image
 or through other means-- 7i7 a consent 
form created or approved by the         
,attorney ,general under subparagraph   
7,d7 from each individual appearing in  
the pornographic image that includes--  
7,i7 the name1 date of birth1 and       
signature of the individual2  7,,ii7 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  7,,iii7 a statement that the     
consent is for distribution of the      
specific pornographic image2  7,,iv7 the
 geographic area and medium1 meaning    

online1 print1 or other distribution    
method1 for which the individual        
provides consent to distribution of the 
pornographic image2  7,v7 the duration  
of time for which the individual        
provides consent to distribution of the 
pornographic image2  7,,vi7 a list of   
the specific sex acts that the person   
agrees to engage in for the pornographic
 image2 and  7,,vii7 a statement that   
explains coerced consent and that the   
individual has the right to withdraw the
 individual's consent at any time2 and  
7ii7 not less than #a form of valid     
identification for each individual      
appearing in the pornographic image--   
7,i7 that-- 7aa7 was issued by an agency
 of the ,federal ,government or of a    
,state1 local1 or foreign government2   
and  7bb7 contains the name1 date of    
birth1 signature1 and photograph of the 
individual2 and  7,,ii7 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      
clause 7i74  7,d7 ,creation and approval
 of consent forms by ,attorney ,general 
7i7 ,attorney ,general consent form     
7,i7 ,in general ,not later than #fj    
days after the date of enactment of the 
,preventing ,rampant ,online            
,technological ,exploitation and        
,criminal ,trafficking ,act of #bjbf1   
the ,attorney ,general shall create and 
make available to the public a consent  
form for purposes of subparagraph       
7,c77i74  7,,ii7 ,availability ,on and  
after the date that is #ij days after   
the date of enactment of the ,preventing
 ,rampant ,online ,technological        
,exploitation and ,criminal ,trafficking
 ,act of #bjbf1 a provider of a covered 
platform shall make the consent form    
created under subclause 7,i7 available  
to users in both written and electronic 
format4  7ii7 ,approval of alternative  
consent forms ,for purposes of          
subparagraph 7,c77i71 a user may submit 
to a covered platform an alternative    

consent form created by a user or the   
provider of the covered platform if the 
alternative consent form has been       
approved by the ,attorney ,general4     
7#c7 ,effective date2 applicability     
,this subsection shall-- 7,a7 take      
effect on the date that is #ij days     
after the date of enactment of the      
,preventing ,rampant ,online            
,technological ,exploitation and        
,criminal ,trafficking ,act of #bjbf2   
and  7,b7 apply to any pornographic     
image uploaded to a covered platform    
before1 on1 or after that effective     
date4  7#d7 ,rules of construction  7,a7
 ,obligations and criminal liability    
under other laws ,nothing in this       
subsection shall be construed to-- 7i7  
affect any obligation of a provider of a
 covered platform under any other       
provision of ,federal or ,state law2 or 
7ii7 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 subsection 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  7c7 ,obligations of   
users  7#a7 ,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  7#b7 ,determination
 of consent ,for purposes of paragraph  
7#a71 whether an individual has provided
 consent to the uploading of an image   
shall be determined in accordance with  
this section and applicable ,state law4 
7d7 ,civil enforcement  7#a7            
,verification obligations of providers  
of covered platforms  7,a7 ,civil       
penalty for failure to verify users  7i7
 ,in general ,the ,attorney ,general may
 impose a civil penalty on any provider 
of a covered platform that violates     
subsection 7b77#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 subsection1 beginning #bd hours    
after the ,attorney ,general provides   
notice of the violation to the provider4
  7ii7 ,per-day and per-image basis ,a  
civil penalty under clause 7i7 shall    
accrue on a per-day and per-image basis4
  7iii7 ,use of proceeds                
,notwithstanding section #ccjb of title 
#ca1 the ,attorney ,general may use the 
proceeds from a civil penalty collected 
under clause 7i7 of this subparagraph to
 carry out enforcement under this       
subparagraph4  7,b7 ,civil liability for
 failure to verify participants ,if a   
provider of a covered platform violates 
subsection 7b77#b7 with respect to a    
pornographic image1 any person aggrieved
 by the violation may bring a civil     
action against the provider 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 a pornographic

 image remains on the covered platform  
in violation of that subsection1        
calculated on a per-day and per-image   
basis2 or  7ii7 actual damages4  7#b7   
,civil liability for violation of user  
obligations ,if a user of a covered     
platform violates subsection 7c7 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   
subsection1 calculated on a per-day and 
per-image basis2 or  7,b7 actual        
damages4  7#c7 ,relation to             
,communications ,decency ,act ,nothing  
in this subsection shall be construed to
 affect section #bcj of the             
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #bcj74  7e7 ,criminal         
penalties  7#a7 ,initial violation ,any 

person who violates this section shall  
be imprisoned for not more than #e      
years1 fined in accordance with this    
title1 or both4  7#b7  ,subsequent      
violations  ,any person who violates    
this section after having been convicted
 of a violation punishable under this   
section shall be imprisoned for not less
 than #b years and not more than #aj    
years1 fined in accordance with this    
title1 or both4  4  7#b7 ,technical and 
conforming amendment ,the table of      
sections for chapter #aaj of title #ah1 
,united ,states ,code1 is amended by    
inserting after the item relating to    
section #bbeg;,a the following3         
#bbeg;,b4 ,uploading pornographic images
 to online platforms4  4  7b7 ,blocking 
reuploads ,section #c7;a77#c77;,b7 of   
the ,,take ,,it ,,down ,act 7#dg        
,u4,s4,c4 #bbc;a7a77#c77;,b77 is amended
 by striking and remove and inserting 1 
remove1 and prevent the reupload of4    
#c4 ,severability ,if any provision of  
this ,act or 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 the provision or amendment to any    
other person or circumstance1 shall not 
be affected thereby4