S. 737 — SCREEN Act

This section sets forth congressional findings on prior laws struck down by the Supreme Court to restrict minors' access to online pornography (e.g., Child Online Protection Act, 47 U.S.C. 231), the ineffectiveness of blocking and filtering software (e.g., fails on 1 in 10 intentional and 1 in 3 unintentional accesses), statistics on minors' exposure (e.g., 80% of ages 12-17 exposed, 54% of teens seek it), associated psychological harms (e.g., anxiety, addiction), recognition of pornography as a public health hazard by 17 states, and the feasibility of age verification technology; and states the sense of Congress that shielding minors from online pornography is a compelling government interest best achieved by requiring interactive computer services hosting such content to implement technological measures for age verification.

This section defines terms for purposes of the Act, including (1) child pornography and minor, as defined in 18 U.S.C. §2256; (2) Commission, meaning the Federal Trade Commission; (3) covered platform, meaning 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, meaning a visual depiction that (a) appeals to prurient interest in nudity, sex, or excretion for minors, patently offensively depicts sexual acts or lewd genitals for minors, and lacks serious value for minors, or (b) is obscene, or (c) is child pornography; (5) information content provider and interactive computer service, as defined in 47 U.S.C. §230(f); (6) sexual act and sexual contact, as defined in 18 U.S.C. §2246; (7) technology verification measure, meaning technology that verifies whether a user is more likely than not a minor and prevents minors' access to covered platform content; and (8) technology verification measure data, meaning 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 that users are not minors and that minors are prevented from accessing content harmful to minors. Such measures must (1) verify user age using technology; (2) deem self-confirmation of non-minor status insufficient; (3) publicly describe the verification process; and (4) apply to all U.S.-located IP addresses, including known virtual private network addresses. Platforms may select measures or contract with third parties (without relieving liability), must implement reasonable data security for verification data and retain it only as necessary for compliance, and are not required to submit user-identifying information to the Federal Trade Commission.

This section requires the Commission, in enforcing section 4 requirements, to consult with specified individuals—including on standards and metrics for determining whether a covered platform user is not a minor—as follows: (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 such solutions; and (5) individuals with experience in data security and cryptography.

This section directs the Commission to (1) conduct regular audits of covered platforms to ensure compliance with section 4 requirements; (2) make public the terms and processes for such audits, including any third-party processes; (3) establish a process for covered platforms to submit only necessary documents or materials for audits; and (4) prescribe documents, materials, or measures required to demonstrate full compliance with section 4. It further requires the Commission to issue guidance, not later than 180 days after enactment, to assist covered platforms in complying with section 4. Such guidance confers no rights, does not bind the Commission or any person, and cannot form the basis for enforcement actions unless the practices violate a specific provision of the Act.

This section designates a violation of section 4 as an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). It directs the Federal Trade Commission to enforce section 4 using the same manner, means, jurisdiction, powers, duties, penalties, privileges, and immunities as provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.) and states that this Act does not limit the Commission's authority under any other law.

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); and (6) recommendations to Congress for legislative improvements to this Act.

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.