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Code · BILL · 118th Congress · S. 1199 (Reported in Senate) — To combat the sexual exploitation of children by supporting victims and promoting accountability and transparency by... · Sec. 6

Sec. 6. Expanding civil remedies for victims of online child sexual exploitation

426 words·~2 min read·/bill/118/s/1199/rs/section-6·

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Section 2255 of title 18, United States Code, is amended— in subsection (a)— by striking a violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and inserting a child exploitation violation or conduct relating to child exploitation ; by inserting or conduct after as a result of such violation ; and by striking sue in any and inserting bring a civil action in the ; and by adding at the end the following: In this section— the term child exploitation violation means a violation of section 1589, 1590, 1591, 1594(a) (involving a violation of section 1589, 1590, or 1591), 1594(b) (involving a violation of section 1589 or 1590), 1594(c), 2241, 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title; the term conduct relating to child exploitation means— with respect to a provider of an interactive computer service or a software distribution service operating through the use of any means or facility of interstate or foreign commerce, or in or affecting interstate or foreign commerce, the intentional, knowing, reckless, or negligent promotion or facilitation of conduct that violates section 1591, 1594(c), 2251, 2251A, 2252, 2252A, or 2422(b) of this title; and with respect to a provider of an interactive computer service operating through the use of any means or facility of interstate or foreign commerce, or in or affecting interstate or foreign commerce, the intentional, knowing, reckless, or negligent hosting or storing of child pornography or making child pornography available to any person; the term interactive computer service has the meaning given that term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ); and the term software distribution service means an online service, whether or not operated for pecuniary gain, from which individuals can purchase, obtain, or download software that— can be used by an individual to communicate with another individual, by any means, to store, access, distribute, or receive any visual depiction, or to transmit any live visual depiction; and was not developed by the software distribution service.
Nothing in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ) shall be construed to impair or limit any claim brought under this section for conduct relating to child exploitation. Nothing in this section shall be construed to apply to any action by a provider of an interactive computer service that is necessary to comply with a valid court order, subpoena, search warrant, statutory obligation, or preservation request from law enforcement. .
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Sec. 6
Expanding civil remedies for victims of online child sexual exploitation
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