Sec. 4. Duties of the Commission
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Not later than 18 months after the date on which a majority of the members of the Commission required to be appointed under section 3(c)(1)(C) have been so appointed, the Commission shall develop and submit to the Attorney General recommended best practices that providers of interactive computer services may choose to engage in to prevent, reduce, and respond to the online sexual exploitation of children, including the enticement, grooming, sex trafficking, and sexual abuse of children and the proliferation of online child sexual abuse material. The best practices required to be developed and submitted under subparagraph
(A)shall include alternatives that take into consideration— the size, type of product, and business model of a provider of an interactive computer service; whether an interactive computer service— is made available to the public; is primarily responsible for hosting, storage, display, and retrieval of information on behalf of third parties, including providers of other interactive computer services; or provides the capability to transmit data to and receive data from all or substantially all internet endpoints on behalf of a consumer; and whether a type of product, business model, product design, or other factors related to the provision of an interactive computer service could make a product or service susceptible to the use and facilitation of online child sexual exploitation. Notwithstanding paragraph (3), the alternatives described in clause
(i)of this subparagraph may exclude certain matters required to be addressed under paragraph (3), as the Commission determines appropriate based on the nature of particular products or services, the factors described in such clause (i), or other factors relevant to the purposes of this Act. The Commission may only recommend the best practices under paragraph
(1)if not fewer than 14 members of the Commission support the best practices. The matters addressed by the recommended best practices developed and submitted by the Commission under paragraph
(1)shall include— preventing, identifying, disrupting, and reporting online child sexual exploitation; coordinating with non-profit organizations and other providers of interactive computer services to preserve, remove from view, and report online child sexual exploitation; retaining child sexual exploitation content and related user identification and location data; receiving and triaging reports of online child sexual exploitation by users of interactive computer services, including self-reporting; implementing a standard rating and categorization system to identify the type and severity of child sexual abuse material; training and supporting content moderators who review child sexual exploitation content for the purposes of preventing and disrupting online child sexual exploitation; preparing and issuing transparency reports, including disclosures in terms of service, relating to identifying, categorizing, and reporting online child sexual exploitation and efforts to prevent and disrupt online child sexual exploitation; coordinating with voluntary initiatives offered among and to providers of interactive computer services relating to identifying, categorizing, and reporting online child sexual exploitation; employing age rating and age gating systems to reduce online child sexual exploitation; offering parental control products that enable customers to limit the types of websites, social media platforms, and internet content that are accessible to children; and contractual and operational practices to ensure third parties, contractors, and affiliates comply with the best practices. In developing best practices under paragraph (1), the Commission shall consider— the cost and technical limitations of implementing the best practices; the impact on competition, product and service quality, data security, and privacy; the impact on the ability of law enforcement agencies to investigate and prosecute child sexual exploitation and rescue victims; and the current state of technology. Not less frequently than once every 5 years, the Commission shall update and resubmit to the Attorney General recommended best practices under paragraph (1). Not later than 30 days after the date on which the Commission submits recommended best practices under subsection (a), including updated recommended best practices under paragraph
(5)of that subsection, the Attorney General shall publish the recommended best practices on the website of the Department of Justice and in the Federal Register.