Bill Summary
This resolution is urging the European Parliament to make an exception in the ePrivacy directive for certain technologies used to detect child sexual exploitation. It recognizes the global issue of child safety online and the growing problem of online trafficking and enticement of children. The resolution highlights the effectiveness of hashing, PhotoDNA, and anti-grooming technologies in detecting and reporting child sexual abuse material, and the millions of reports submitted to the National Center for Missing & Exploited Children. It also notes the concerning increase in child sexual abuse material originating from the EU. The resolution points out that the EU Directive on processing personal data in the electronic communications sector could hinder the use of these technologies, and urges the European Parliament to exempt them in order to protect children globally.
Possible Impacts
1. The legislation could potentially limit the ability of electronic service providers to detect and report child sexual exploitation, leading to an increase in this heinous crime and endangering the safety of children online. This could have a significant impact on children and their families who use online platforms, as they may become more vulnerable to predators.
2. The prohibition on the use of certain technologies could also have a negative effect on the work of organizations like the National Center for Missing & Exploited Children, which relies on these tools to identify and remove child sexual abuse material from the internet. This could result in a slower response time and potentially allow more children to be victimized.
3. The legislation may also have a global impact, as the EU is the largest host of child sexual abuse material globally. The loss of these technologies could impede the efforts of other countries, such as the United States, to protect children from online predators. This could have a ripple effect and put children at risk in other parts of the world as well.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 794 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. RES. 794
Urging the European Parliament to exempt certain technologies used to
detect child sexual exploitation from European Union ePrivacy
directive.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 7, 2020
Mr. Cotton (for himself and Mrs. Loeffler) submitted the following
resolution; which was referred to the Committee on Foreign Relations
_______________________________________________________________________
RESOLUTION
Urging the European Parliament to exempt certain technologies used to
detect child sexual exploitation from European Union ePrivacy
directive.
Whereas ensuring the safety of children online is a global issue that nations
must address together;
Whereas the online trafficking of child sexual abuse material (referred to in
this preamble as ``CSAM'') and online enticement of children (also known
as ``grooming'') are pervasive problems that are growing at dramatic
rates;
Whereas crucial tools in detecting CSAM and grooming online and protecting
children using online platforms from child predators are hashing,
PhotoDNA, and anti-grooming technologies that are voluntarily used by
electronic service providers (referred to in this preamble as ``ESPs'')
to detect, report, and remove CSAM;
Whereas the use of hashing, PhotoDNA, and anti-grooming technology by ESPs has
generated millions of reports annually to the CyberTipline of the
National Center for Missing & Exploited Children;
Whereas the CyberTipline is a global hotline for reports related to child sexual
exploitation that was authorized by Congress in 1998;
Whereas in 2019, more than 69,000,000 images, videos, and files related to child
sexual abuse were reported to the CyberTipline, with more than 3,000,000
of these images, videos, and files related to an offender or child
victim in the European Union (referred to in this preamble as the
``EU'');
Whereas in a Communication to the European Parliament, dated July 24, 2020, the
European Commission noted, ``the EU has become the largest host of child
sexual abuse material globally (from more than half in 2016 to more than
two thirds in 2019)'';
Whereas in 2018, an EU Directive extended the scope of prohibitions on
processing personal data in the electronic communications sector to
cover interpersonal communications, such as messenger services and e-
mail;
Whereas this EU Directive will cause ESPs to lose any legal basis to use
hashing, PhotoDNA, and anti-grooming technologies to detect and report
CSAM and online enticement of children to the CyberTipline;
Whereas this EU Directive will take effect December 21, 2020, which still allows
time to amend this Directive to exempt the voluntary practice of using
these technologies to detect and report distribution of CSAM and
enticement of children for sexual abuse;
Whereas the prohibition on the use of hashing, PhotoDNA, and anti-grooming
technologies could have dire consequences for children in Europe and
globally;
Whereas it is unclear whether ESPs--
(1) will be able to partition the use of hashing, PhotoDNA, and anti-
grooming technologies to carve out users in the EU; and
(2) will decide to abandon the voluntary use of these technologies in
the United States and globally;
Whereas since children in the United States can be harmed by online predators in
the EU through grooming, enticement, and the dissemination of CSAM
images among EU offenders, such material should be detected, reported,
and removed;
Whereas if the use of hashing, PhotoDNA, and anti-grooming technologies for
detecting CSAM and grooming is stopped, the exploitation of children
globally will largely go undetected and continue to proliferate; and
Whereas Congress agrees with the European Commission that ``immediate action
must be taken to address this issue'': Now, therefore, be it
Resolved, That the Senate--
(1) finds that hashing, PhotoDNA, and anti-grooming
technologies are essential in detecting child sexual abuse
material and exploitation online, including known and new CSAM,
and grooming of children globally; and
(2) urges the European Parliament to pass an interim
regulation to allow electronic service providers to continue
their current voluntary activities of using hashing, PhotoDNA,
and anti-grooming technologies for the purpose of detecting
child sexual exploitation.
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