Lee Introduces PROTECT Act to Prevent Online Child Exploitation

WASHINGTON - U.S. Senator Mike Lee (R-UT) introduced legislation to shield children and other nonconsenting victims of sexual abuse from exploitation online. The Preventing Rampant Online Technological and Criminal Trafficking (PROTECT) Act requires platforms with explicit material to take reasonable steps to verify the age and consent of individuals who upload or appear in the content, while remaining consistent with First Amendment jurisprudence.

"Pornography sites need to do more to prevent the rampant child exploitation that is occurring on their platforms. The PROTECT Act is a step in that direction," said Senator Mike Lee. "This bill will verify the ages and consent of the people appearing in explicit content - stopping abusive material from ever getting uploaded in the first place."

Background

The online pornography market has quickly become one of the most lucrative industries, but much of the material in circulation is the product of sex trafficking and child exploitation. Though law enforcement diligently investigates and prosecutes individuals who distribute child sexual abuse material (CSAM), pornography platforms regularly fail to verify the age, identity, or consent of depicted individuals. This carelessness allows human traffickers and websites to profit from underage or non-consenting individuals forced or coerced to participate.

Senator Lee advocates for greater accountability in the online pornography market by proposing legislation that requires platforms to vet the content they distribute. Each safeguard imposed by the PROTECT Act creates an additional barrier to the circulation of exploitative material, reducing online sexual exploitation and image-based sexual abuse.

Why This Matters

Existing security measures demonstrate the technological and operational feasibility of implementing safeguards. Federal statutes such as 18 U.S.C. § 2257 prevent minors from appearing in sexually explicit material by mandating age verification and recordkeeping. Additionally, pornography platforms have begun incorporating independent compliance systems to protect the individuals whose content generates their profits. OnlyFans requires uploaders to present government-issued identification and complete facial recognition before distributing their content. Pornhub also requires uploaders to verify the identities of each individual featured in the content and provide corresponding consent documentation.

The PROTECT Act will shield children and victims from the distribution of nonconsensual or exploitative material that has previously circulated without oversight or intervention.

The PROTECT Act:

• Requires pornography platforms to verify the age and identity of individuals uploading pornographic images. Failure to comply with this section would result in a $10,000 per day per image civil penalty and additional criminal penalties.
• Require pornography platforms to verify that each individual appearing in uploaded content is (1) not a minor, (2) has provided written consent for each depicted sex act, and (3) has consented to the distribution of the content. Failure to follow these regulations results in civil penalties for both the uploader and the host platform of up to $10,000 per day per image and additional criminal penalties.
• Require pornography platforms to reasonably engage in the fight against human trafficking by eliminating the ability of traffickers to upload and monetize nonconsensual content involving both children and adults on pornographic platforms.