H.R. 1623 — SCREEN Act

This section sets forth congressional findings on prior laws to restrict minors' access to online pornography (e.g., Child Online Protection Act, 47 U.S.C. 231), their invalidation by the Supreme Court, the ineffectiveness of blocking and filtering software (e.g., fails on 1 in 10 intentional and 1 in 3 unintentional accesses), low parental usage (39%), pornography's public health impacts recognized by 17 states, minors' exposure rates (80% for ages 12-17, with 54% seeking it), associated psychological harms, and viability of age verification technology. It further expresses the sense of Congress that shielding minors from online pornography is a compelling government interest and that requiring interactive computer services hosting such content to use technological measures (e.g., age verification) is the least restrictive means to achieve it.

This section establishes definitions for terms used in the Act. It defines (1) "child pornography" and "minor" by reference to 18 U.S.C. §2256; (2) "Commission" as the Federal Trade Commission; (3) "covered platform" as an interactive computer service engaged in interstate or foreign commerce (or purposefully availing itself of the U.S. market) that regularly creates, hosts, or makes available content harmful to minors with a profit objective; (4) "harmful to minors" as visual depictions that (A) appeal to prurient interest in nudity, sex, or excretion for minors, patently offensively depict sexual acts or lewd genitals for minors, and lack serious value for minors, or (B) are obscene, or (C) are child pornography; (5) "information content provider" and "interactive computer service" by reference to 47 U.S.C. §230(f); (6) "sexual act" and "sexual contact" by reference to 18 U.S.C. §2246; (7) "technology verification measure" as a system to determine if a user is more likely than not a minor and prevent minors' access to covered platform content; and (8) "technology verification measure data" as identifying information collected solely to implement such measures.

This section requires covered platforms, beginning one year after enactment, to adopt and utilize technology verification measures to ensure users are not minors and minors are prevented from accessing harmful content. To comply, such measures must (1) technologically verify user age; (2) deem user self-confirmation of non-minor status insufficient; (3) publicly disclose the verification process; and (4) apply to all U.S.-based IP addresses (including virtual private network addresses). Covered platforms may select measures or use third parties (without relieving liability), provided the measures prohibit minor access to obscene material, child pornography, or other content harmful to minors; platforms must implement reasonable data security for verification data and retain it only as long as necessary for compliance; and platforms need not submit user-identifying or device-linked information to the Commission.

This section requires the Commission, in enforcing the requirements under section 4, to consult with the following individuals, including with respect to applicable standards and metrics for determining whether a user of a covered platform is not a minor: (1) individuals with experience in computer science and software engineering; (2) individuals with experience in advocating for online child safety or providing services to minors victimized by online child exploitation; (3) individuals with experience in consumer protection and online privacy; (4) individuals who supply technology verification measure products or have expertise in technology verification measure solutions; and (5) individuals with experience in data security and cryptography.

This section directs the Commission to (1) conduct regular audits of covered platforms for compliance with section 4; (2) publicize the terms and processes for such audits, including any conducted by third parties; (3) establish a process for covered platforms to submit only necessary documents or materials during audits; and (4) prescribe documents, materials, or measures required to demonstrate full compliance with section 4. The section further requires the Commission to issue guidance within 180 days of enactment to assist covered platforms in complying with section 4, provided that such guidance confers no rights, does not bind the Commission, and cannot form the basis for enforcement actions unless the practices violate a specific provision of the Act.

This section authorizes Federal Trade Commission (FTC) enforcement of section 4 by treating its violation as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the FTC Act (15 U.S.C. 57a(a)(1)(B)). It incorporates all applicable terms and provisions of the FTC Act (15 U.S.C. 41 et seq.) for such enforcement—including the Commission's jurisdiction, powers, duties, penalties, privileges, and immunities—and preserves the Commission's authority under other laws.

This section directs the Comptroller General of the United States to submit to Congress, not later than two years after covered platforms are required to comply with section 4(a), a report analyzing (1) the effectiveness of required technology verification measures; (2) compliance rates among covered platforms; (3) data security measures used in the age verification process; (4) behavioral, economic, psychological, and societal effects of such measures; and including (5) recommendations to the Commission for improving enforcement of section 4(a), if any; and (6) recommendations to Congress for legislative improvements to the Act, if any.

This section establishes a severability clause, providing that if any provision of the Act, or its application to any person or circumstance, is held unconstitutional, the remaining provisions of the Act, and their application to any other person or circumstance, remain unaffected.