Schatz, Blackburn Introduce Bipartisan Legislation To Help Stop People From Sending Unwanted Nude Photos

WASHINGTON - U.S. Senators Brian Schatz (D-Hawai'i) and Marsha Blackburn (R-Tenn.) introduced legislation to curb the sending of sexually explicit images online, also known as cyberflashing, by creating a federal private right of action for victims who receive such images and imposing civil penalties for individuals who send them. Companion legislation was introduced in the U.S. House of Representatives by U.S. Representatives Jennifer McClellan (D-Va.) and Nathaniel Moran (R-Texas).

"No one should fall victim to unwanted flashing, whether in real-life or online," said Senator Schatz, a senior member of the Senate Committee on Commerce, Science, and Transportation. "By providing a federal private right of action and imposing penalties, this bill will help prevent sexual harassment and hold perpetrators accountable."

"AI has opened the door for bad actors to produce explicit images quickly and cheaply to abuse or harass more victims, especially targeting young women," said Senator Blackburn. "The bipartisan CONSENT Act would provide victims with a civil right of action and relief when they receive unwanted sexual images or videos on dating apps, text messages, and other forms of online communication."

Cyberflashing can occur on social media, dating apps, over text, or even via AirDrop, and disproportionately impacts women. According to the Pew Research Center, more than half of women and more than a third of men between 18-29 have received such images. Additionally, victims may face barriers to reporting including fear of retaliation, stigma, and procedural barriers. In addition, artificial intelligence has enabled a new form of non-consensual intimate imagery (NCII), which can be generated quickly and cheaply. A 2024 study found that 15% of K-12 students were aware of at least one NCII deepfake that depicts an individual associated with their school. These deepfakes can cause lasting trauma whether the videos or images are real or fake, or whether the recipient is the one being depicted.

The CONSENT Act would enable civil right of action and relief to victims who receive intimate digital depictions or intimate digital forgery without their consent. It also provides an exception for transmissions of intimate visual depictions for a good faith medical, education, or law enforcement purpose. An individual may obtain relief in the form of:

• Statutory damages of up to $1,000 or compensatory damages for emotional distress;
• Reasonable attorney fees and costs; and
• A temporary restraining order, preliminary injunction, or permanent injunction ordering the defendant to cease transmitting intimate visual depictions to the plaintiff without consent.

The CONSENT Act is endorsed by Bumble, SafeBAE, RAINN, the National Alliance to End Sexual Violence, National Domestic Violence Hotline (The Hotline), National Network to End Domestic Violence (NNEDV), National Women's Law Center Action Fund, and Sexual Violence Prevention Association (SVPA).

"For years, Bumble has championed efforts to criminalize cyberflashing and protect people from unsolicited explicit content online. While we are proud of the progress that has been made at the state level, millions of Americans, especially women, remain unprotected without a federal standard. That's why we support the bipartisan CONSENT Act, which empowers individuals to take legal action against those who knowingly send nonconsensual explicit content. Congress has an opportunity to make it clear that these acts are unacceptable and that everyone deserves a safer, more respectful online experience. Thank you to the bill sponsors who are helping move this critical legislation forward," said Whitney Wolfe Herd, Founder and CEO of Bumble.

"Cyberflashing is not a harmless prank or minor inconvenience. It is digital sexual violence. It violates the victims consent and can threaten their safety. Right now, digital sexual violence is the most rapidly increasing form of sexual violence. Yet, victims are left without avenues for justice and perpetrators are encouraged to continue their harm without consequences. The CONSENT Act changes this. It empowers survivors with the tools to seek justice in the form of civil restitution. Accountability and action change culture. The CONSENT Act will prevent future cyberflashing by changing the norms around accountability and action," said Omny Miranda Martone, Founder and CEO of the Sexual Violence Prevention Association (SVPA).

"Unsolicited intimate images are a deeply invasive form of technology-facilitated abuse that can be used to harass, intimidate, and control victims and survivors," said Katie Ray-Jones, CEO of the National Domestic Violence Hotline. "The CONSENT Act would create an important pathway for accountability and help ensure that survivors, including minors and those targeted by AI-generated abuse, have meaningful options to protect their safety, privacy, and dignity. The Hotline is grateful for continued bipartisan leadership to address the evolving ways technology is being used to cause harm."

"The sending of unsolicited intimate images has been commonplace for decades, but federal law has failed to keep pace with technology-facilitated sexual harassment," said Elizabeth Tang, Senior Counsel for Education and Workplace Justice at the National Women's Law Center Action Fund. "The CONSENT Act closes this gap by allowing recipients of unsolicited sexual images to go to court to stop the harassment and recover reasonable damages, attorney fees, and court costs from their harasser. We urge Congress to act swiftly to pass this important and long-overdue bill."

"The National Network to End Domestic Violence (NNEDV) strongly supports the CONSENT Act and applauds Representatives McClellan and Moran and Senators Schatz and Blackburn for introducing this bipartisan, survivor-centered legislation. Survivors of domestic violence, stalking, sexual assault, and other forms of abuse increasingly face serious harm from the non-consensual sharing and transmission of intimate images. By creating a clear pathway for survivors to seek accountability and injunctive relief, the CONSENT Act helps address a critical gap in existing law. NNEDV is proud to support this effort to strengthen protections against technology-facilitated abuse and ensure survivors have meaningful tools to pursue justice in the digital age," said Tonia Moultry-Pace, Interim CEO and President of NNEDV.

The CONSENT Act takes an important step forward to acknowledge the harm caused to victims from receiving non-consensual sexual images, and, importantly, increases accountability for those engaged in this harm. We support the creation of a private right of action allowing recipients to seek damages and injunctive relief against individuals who knowingly transmit intimate images without consent," said Terri Poore, Policy Director for the National Alliance to End Sexual Violence.

The full text of the bill is available here.

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