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118-s-474118th CongressWALLET

REPORT Act

Sponsored By: Senator Blackburn, Marsha [R-TN]

Became Law

Summary

Creates broad liability shields for vendors contracted by the National Center for Missing & Exploited Children (NCMEC). The law also lengthens how long CyberTipline reports are kept, raises civil penalties for online platforms, and requires stronger cybersecurity and reporting standards to address child exploitation online.

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  • Vendors retained and designated by NCMEC get broad civil and criminal protections for actions tied to NCMEC duties, but those shields do not apply to intentional, reckless, or negligent misconduct or acts unrelated to NCMEC work. Vendors must follow the National Institute of Standards and Technology (NIST) Cybersecurity Framework, limit who can access stored images, use end-to-end encryption or an equivalent, and undergo an independent annual cybersecurity audit.
  • Online providers must preserve materials submitted to the CyberTipline for 1 year instead of 90 days and align preservation with NIST standards within 1 year. Civil penalties increase to as much as $1.0 million for the largest platforms and up to $850,000 for others, and reporting duties are broadened to cover suspected sex trafficking (section 1591) and enticement (section 2422(b)).
  • An individual depicted as a minor, or their parent, guardian, legal or estate representative, or mandated reporter, receives limited protection when they report their own images to the CyberTipline, subject to exceptions for intentional or criminal conduct.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

Victims protected when reporting to CyberTipline

The law protects a person shown as a minor in sexual images, and their representative, when they report that content to the CyberTipline. They cannot be sued or charged for making the report, including sending a copy. This protection does not cover intentional or negligent misconduct, a violation of 18 U.S.C. 2251, actual malice, or reckless disregard. A representative can be a parent or legal guardian, a court‑appointed guardian, a retained lawyer, an estate representative, or a mandated reporter. It applies to cases filed on or after enactment. NCMEC limits access to these files and deletes them as required by 18 U.S.C. 2258D.

Stronger reporting rules for online platforms

Online providers must now report signs of child sex trafficking and enticement, not just child sexual abuse images. Providers must keep report materials for 1 year, and by 1 year after enactment they must preserve them using the latest NIST cybersecurity framework; they may keep them longer to curb harm. Civil penalties rise: for paragraph (1), up to $850,000 if you have 100,000,000 or more monthly users, or $600,000 if you have fewer; for paragraph (2), up to $1,000,000 (100,000,000+ users) or $850,000 (fewer). These changes take effect upon enactment, except the NIST method, which is due within 1 year. NCMEC may issue guidance within 180 days to help providers spot trafficking and enticement.

Shield and security rules for NCMEC vendors

Vendors hired and designated by NCMEC are shielded from lawsuits and criminal charges for work tied to CyberTipline duties. The shield does not cover intentional or negligent misconduct, actual malice, reckless disregard, or acts unrelated to that work (including actions under 18 U.S.C. 2258A, 2258C, 2702, or 2703). If you store or transfer these images, you must secure them under the latest NIST framework, limit staff access, use end‑to‑end encryption or equivalent, pass an independent yearly audit, and fix issues quickly. This protection applies to cases filed on or after enactment.

Sponsors & CoSponsors

Sponsor

Blackburn, Marsha [R-TN]

TN • R

Cosponsors

  • Sen. Ossoff, Jon [D-GA]

    GA • D

    Sponsored 2/16/2023

  • Sen. Lee, Mike [R-UT]

    UT • R

    Sponsored 5/31/2023

  • Sen. Menendez, Robert [D-NJ]

    NJ • D

    Sponsored 7/18/2023

  • Sen. Lankford, James [R-OK]

    OK • R

    Sponsored 9/19/2023

  • Sen. Rubio, Marco [R-FL]

    FL • R

    Sponsored 12/11/2023

Roll Call Votes

No roll call votes available for this bill.

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