Summary
Strengthens the duty of online services to report child sexual abuse material, increases fines for not reporting, and protects victims who report.
What problem does this solve?
Some online companies were not reporting child abuse material they found, and victims feared legal trouble for reporting material of themselves. This law raises the fines for companies that fail to report and gives legal protection to victims who come forward.
Who does this affect?
- Technology companies and online service providers
- Victims of online child sexual exploitation
- The National Center for Missing & Exploited Children (NCMEC)
What does this law do?
Increases fines for not reporting
Raises the fines for online providers that fail to report child abuse material. The new fines are tiered, with companies having over 100 million users facing penalties up to $1,000,000 for repeat offenses.
Extends time to save reported content
Requires online providers to save the contents of reports made to the CyberTipline for one year, a large increase from the previous requirement of 90 days.
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Limited liability for reporting apparent child pornography by an individual...
Protects victims who report abuse
Prevents victims of child pornography, or their representatives, from facing civil lawsuits or criminal charges for reporting material in which they are depicted.
Protects vendors helping NCMEC
Gives legal protection from lawsuits and criminal charges to vendors hired by the National Center for Missing & Exploited Children (NCMEC) to help fight child exploitation.
Expands what must be reported
Requires online providers to report not only apparent child pornography but also suspected cases of child sex trafficking and the enticement of children.
Sets new cybersecurity rules
Requires both online providers and NCMEC vendors to secure and store reported child abuse material using cybersecurity standards from the National Institute of Standards and Technology (NIST).
What is the real world impact?
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Puts more pressure on big tech companies
Increases fines for failing to report child abuse material, with higher penalties for larger companies based on their number of users. This forces major tech platforms to invest more in finding and reporting this content, shifting some of the law enforcement burden to them.
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Empowers victims to report their own abuse
Gives legal protection to victims who report images or videos of their own abuse. This removes the fear of being charged with possessing illegal material, making it easier for them to get the content taken down.
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Protects companies that help fight child abuse
Provides legal protection to technology vendors that work with the National Center for Missing & Exploited Children (NCMEC). This allows them to develop and use tools to find abuse material without the risk of being sued for handling it.
When does this start?
This law's liability protections took effect on May 7, 2024, with other requirements phasing in over the next year.
Provider cybersecurity standards
Within one year of the law's passage, online providers must adopt new cybersecurity standards for how they store reported materials.
New reporting guidelines
Within 180 days of the law's passage, the National Center for Missing & Exploited Children may issue new guidelines to help providers identify child sex trafficking and enticement.