,,ii #aaith ,,congress #ast ,session ,s4 #gcg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bf1 #bjbe,mr4 ,lee 7for himself1 ,mr4 ,curtis1 and ,mr4 ,banks7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require certain interactive computer services to adopt and operate technology verification measures to ensure that users of the platform are not minors1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,shielding ,children's ,retinas from ,egregious ,exposure on the ,net ,act or the ,,screen ,act4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress finds the following3 7#a7 ,over the #c decades preceding the date of enactment of this ,act1 ,congress has passed several bills to protect minors from access to online pornographic content1 including title ,v of the ,telecommunications ,act of #aiif 7,public ,law #ajd-ajd7 7commonly known as the ,communications ,decency ,act71 section #bca of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bca7 7commonly known as the ,child ,online ,protection ,act71 and the ,children's ,internet ,protection ,act 7title ,,xvii of division ,b of ,public ,law #ajf-eed74 7#b7 ,with the exception of the ,children's ,internet ,protection ,act 7title ,,xvii of division ,b of ,public ,law #ajf-eed71 the ,supreme ,court of the ,united ,states has struck down the previous efforts of ,congress to shield children from pornographic content1 finding that such legislation constituted a compelling government interest but that it was not the least restrictive means to achieve such interest4 ,in ,ashcroft v4 ,,aclu1 #edb ,u4,s4 #fef 7#bjjd71 the ,court even suggested at the time that blocking and filtering software could conceivably be a primary alternative to the requirements passed by ,congress4 7#c7 ,in the nearly #b decades since the ,supreme ,court of the ,united ,states suggested the use of blocking and filtering software1 such technology has proven to be ineffective in protecting minors from accessing online pornographic content4 ,the ,kaiser ,family ,foundation has found that filters do not work on #a in #aj pornography sites accessed intentionally and #a in #c pornography sites that are accessed unintentionally4 ,further1 it has been proven that children are able to bypass blocking and filtering software by employing strategic searches or measures to bypass the software completely4 7#d7 ,additionally1 ,pew ,research has revealed studies showing that only #ci percent of parents use blocking or filtering software for their minor's online activities1 meaning that #fa percent of children only have restrictions on their internet access when they are at school or at a library4 7#e7 #ag ,states have now recognized pornography as a public health hazard that leads to a broad range of individual harms1 societal harms1 and public health impacts4 7#f7 ,it is estimated that #hj percent of minors between the ages of #ab to #ag have been exposed to pornography1 with #ed percent of teenagers seeking it out4 ,the internet is the most common source for minors to access pornography with pornographic websites receiving more web traffic in the ,united ,states than ,twitter1 ,netflix1 ,pinterest1 and ,linked,in combined4 7#g7 ,exposure to online pornography has created unique psychological effects for minors1 including anxiety1 addiction1 low self-esteem1 body image disorders1 an increase in problematic sexual activity at younger ages1 and an increased desire among minors to engage in risky sexual behavior4 7#h7 ,the ,supreme ,court of the ,united ,states has recognized on multiple occasions that ,congress has a compelling government interest to protect the physical and psychological well-being of minors1 which includes shielding them from indecent content that may not necessarily be considered obscene by adult standards4 7#i7 ,because blocking and filtering software has not produced the results envisioned nearly #b decades ago1 it is necessary for ,congress to pursue alternative policies to enable the protection of the physical and psychological well-being of minors4 7#aj7 ,the evolution of our technology has now enabled the use of age verification technology that is cost efficient1 not unduly burdensome1 and can be operated narrowly in a manner that ensures only adults have access to a website's online pornographic content4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 shielding minors from access to online pornographic content is a compelling government interest that protects the physical and psychological well-being of minors2 and 7#b7 requiring interactive computer services that are in the business of creating1 hosting1 or making available pornographic content to enact technological measures that shield minors from accessing pornographic content on their platforms is the least restrictive means for ,congress to achieve its compelling government interest4 #c4 ,definitions ,in this ,act3 7#a7 ,child pornography2 minor ,the terms child pornography and minor have the meanings given those terms in section #bbef of title #ah1 ,united ,states ,code4 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,covered platform ,the term covered platform-- 7,a7 means an entity-- 7i7 that is an interactive computer service2 7ii7 that-- 7,i7 is engaged in interstate or foreign commerce2 or 7,,ii7 purposefully avails itself of the ,united ,states market or a portion thereof2 and 7iii7 for which it is in the regular course of the trade or business of the entity to create1 host1 or make available content that meets the definition of harmful to minors under paragraph 7#d7 and that is provided by the entity1 a user1 or other information content provider1 with the objective of earning a profit2 and 7,b7 includes an entity described in subparagraph 7,a7 regardless of whether-- 7i7 the entity earns a profit on the activities described in subparagraph 7,a77iii72 or 7ii7 creating1 hosting1 or making available content that meets the definition of harmful to minors under paragraph 7#d7 is the sole source of income or principal business of the entity4 7#d7 ,harmful to minors ,the term harmful to minors1 with respect to a picture1 image1 graphic image file1 film1 videotape1 or other visual depiction1 means that the picture1 image1 graphic image file1 film1 videotape1 or other depiction-- 7,a7 7i7 taken as a whole and with respect to minors1 appeals to the prurient interest in nudity1 sex1 or excretion2 7ii7 depicts1 describes1 or represents1 in a patently offensive way with respect to what is suitable for minors1 an actual or simulated sexual act or sexual contact1 actual or simulated normal or perverted sexual acts1 or lewd exhibition of the genitals2 and 7iii7 taken as a whole1 lacks serious1 literary1 artistic1 political1 or scientific value as to minors2 7,b7 is obscene2 or 7,c7 is child pornography4 7#e7 ,information content provider2 interactive computer service ,the terms information content provider and interactive computer service have the meanings given those terms in section #bcj7;f7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f774 7#f7 ,sexual act2 sexual contact ,the terms sexual act and sexual contact have the meanings given those terms in section #bbdf of title #ah1 ,united ,states ,code4 7#g7 ,technology verification measure ,the term technology verification measure means technology that-- 7,a7 employs a system or process to determine whether it is more likely than not that a user of a covered platform is a minor2 and 7,b7 prevents access by minors to any content on a covered platform4 7#h7 ,technology verification measure data ,the term technology verification measure data means information that-- 7,a7 identifies1 is linked to1 or is reasonably linkable to an individual or a device that identifies1 is linked to1 or is reasonably linkable to an individual2 7,b7 is collected or processed for the purpose of fulfilling a request by an individual to access any content on a covered platform2 and 7,c7 is collected and processed solely for the purpose of utilizing a technology verification measure and meeting the obligations imposed under this ,act4 #d4 ,technology verification measures 7a7 ,covered platform requirements ,beginning on the date that is #a year after the date of enactment of this ,act1 a covered platform shall adopt and utilize technology verification measures on the platform to ensure that-- 7#a7 users of the covered platform are not minors2 and 7#b7 minors are prevented from accessing any content on the covered platform that is harmful to minors4 7b7 ,requirements for age verification measures ,in order to comply with the requirement of subsection 7a71 the technology verification measures adopted and utilized by a covered platform shall do the following3 7#a7 ,use a technology verification measure in order to verify a user's age4 7#b7 ,provide that requiring a user to confirm that the user is not a minor shall not be sufficient to satisfy the requirement of subsection 7a74 7#c7 ,make publicly available the verification process that the covered platform is employing to comply with the requirements under this ,act4 7#d7 ,subject the ,internet ,protocol 7,,ip7 addresses1 including known virtual proxy network ,,ip addresses1 of all users of a covered platform to the technology verification measure described in paragraph 7#a7 unless the covered platform determines based on available technology that a user is not located within the ,united ,states4 7c7 ,choice of verification measures ,a covered platform may choose the specific technology verification measures to employ for purposes of complying with subsection 7a71 provided that the technology verification measure employed by the covered platform meets the requirements of subsection 7b7 and prohibits a minor from accessing the platform or any information on the platform that is obscene1 child pornography1 or harmful to minors4 7d7 ,use of third parties ,a covered platform may contract with a third party to employ technology verification measures for purposes of complying with subsection 7a71 but the use of such a third party shall not relieve the covered platform of its obligations under this ,act or from liability under this ,act4 7e7 ,rule of construction ,nothing in this section shall be construed to require a covered platform to submit to the ,commission any information that identifies1 is linked to1 or is reasonably linkable to a user of the covered platform or a device that identifies1 is linked to1 or is reasonably linkable to a user of the covered platform4 7f7 ,technology verification measure data security ,a covered platform shall-- 7#a7 establish1 implement1 and maintain reasonable data security to-- 7,a7 protect the confidentiality1 integrity1 and accessibility of technology verification measure data collected by the covered platform or a third party employed by the covered platform2 and 7,b7 protect such technology verification measure data against unauthorized access2 and 7#b7 retain the technology verification measure data for no longer than is reasonably necessary to utilize a technology verification measure or what is minimally necessary to demonstrate compliance with the obligations under this ,act4 #e4 ,consultation requirements ,in enforcing the requirements under section #d1 the ,commission shall consult with the following individuals1 including with respect to the applicable standards and metrics for making a determination on whether a user of a covered platform is not a minor3 7#a7 ,individuals with experience in computer science and software engineering4 7#b7 ,individuals with experience in-- 7,a7 advocating for online child safety2 or 7,b7 providing services to minors who have been victimized by online child exploitation4 7#c7 ,individuals with experience in consumer protection and online privacy4 7#d7 ,individuals who supply technology verification measure products or have expertise in technology verification measure solutions4 7#e7 ,individuals with experience in data security and cryptography4 #f4 ,commission requirements 7a7 ,in general ,the ,commission shall-- 7#a7 conduct regular audits of covered platforms to ensure compliance with the requirements of section #d2 7#b7 make public the terms and processes for the audits conducted under paragraph 7#a71 including the processes for any third party conducting an audit on behalf of the ,commission2 7#c7 establish a process for each covered platform to submit only such documents or other materials as are necessary for the ,commission to ensure full compliance with the requirements of section #d when conducting audits under this section2 and 7#d7 prescribe the appropriate documents1 materials1 or other measures required to demonstrate full compliance with the requirements of section #d4 7b7 ,guidance 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall issue guidance to assist covered platforms in complying with the requirements of section #d4 7#b7 ,limitations on guidance 7,a7 ,in general ,no guidance issued by the ,commission with respect to this ,act shall confer any rights on any person1 ,state1 or locality1 nor shall operate to bind the ,commission or any person to the approach recommended in such guidance4 7,b7 ,specificity in enforcement ,in any enforcement action brought pursuant to this ,act1 the ,commission shall allege a specific violation of a provision of this ,act4 7,c7 ,enforcement actions ,the ,commission may not base an enforcement action on1 or execute a consent order based on1 practices that are alleged to be inconsistent with any such guidelines1 unless the practices allegedly violate a provision of this ,act4 #g4 ,enforcement 7a7 ,unfair or deceptive act or practice ,a violation of section #d shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7b7 ,powers of the ,commission 7#a7 ,in general ,the ,commission shall enforce section #d in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this title4 7#b7 ,privileges and immunities ,any person who violates section #d shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7#c7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 #h4 ,,gao report ,not later than #b years after the date on which covered platforms are required to comply with the requirement of section #d7;a71 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that includes-- 7#a7 an analysis of the effectiveness of the technology verification measures required under such section2 7#b7 an analysis of rates of compliance with such section among covered platforms2 7#c7 an analysis of the data security measures used by covered platforms in the age verification process2 7#d7 an analysis of the behavioral1 economic1 psychological1 and societal effects of implementing technology verification measures2 7#e7 recommendations to the ,commission on improving enforcement of section #d7;a71 if any2 and 7#f7 recommendations to ,congress on potential legislative improvements to this ,act1 if any4 #i4 ,severability clause ,if any provision of this ,act1 or the application of such a provision to any person or circumstance1 is held to be unconstitutional1 the remaining provisions of this ,act1 and the application of such provisions to any other person or circumstance1 shall not be affected thereby4