REPORT Act Expands Online Service Provider Obligations Related to Child Sex Abuse Material

1 minute read | May.08.2024

President Biden has signed the REPORT Act (S.474) into law, imposing additional obligations on online service providers to report material related to the sexual abuse of children.

The REPORT Act:

Expands reporting obligations to include planned or imminent abuse, as well as sex trafficking, coercion or enticement of a minor to engage in prostitution or any other illegal sexual activity.
Extends preservation requirements from 90 days to one year.
Increases fines for knowing, willful failure to submit reports.
- Fines increase from $150,000 to between $600,000 and $850,000 on the first offense.
- They increase from $300,000 to between $850,000 and $1 million on the second.

The bill amends a federal law (18 USC § 2258A) requiring interactive service providers^[1] to report child sexual abuse material (also referred to as CSAM) to the National Center for Missing and Exploited Children’s CyberTipline once a provider knows about the material.

Affected online service providers should adjust their reporting processes and preservation mechanisms.

Orrick is tracking proposed legislation related to children’s online safety and will report developments. See also:

This article was originally published Jan. 26, 2024. It was updated May 7, 2024, and May 8, 2024.

^[1] Under 18 USC § 2258E(6), a “provider” within the scope of these CSAM reporting requirements is defined as any electronic communication service or remote computing service. An “electronic communication service” means any service which provides to users thereof the ability to send or receive wire or electronic communications (18 USC § 2510(15)); a “remote computing service” means the provision to the public of computer storage or processing services by means of an electronic communications system (18 USC § 2711(2)).

Authors

Meg Hennessey Of Counsel, Cyber, Privacy & Data Innovation, Government Investigations and Enforcement Actions

San Francisco; Orange County

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D:+1 415 773 5764
E: [email protected]

Practice:

Cyber, Privacy & Data Innovation
Government Investigations and Enforcement Actions
Internal Investigations

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Meg Hennessey Of Counsel

San Francisco; Orange County

Meg helps online service providers comply with online safety and consumer protection laws by marrying her knowledge of the data-driven environment with a decade of experience in white-collar and regulatory investigations. She also advises her clients on developing Trust & Safety programs to manage the risks of misleading or harmful content online such as child exploitation or hate speech that could lead to investigations or litigation.

As a crisis responder, Meg assists clients at every stage, from starting a dialogue with regulators to responding to formal inquiries to managing investigations. She has led diverse teams of lawyers and consultants in conducting investigations, including those initiated by the DOJ, SEC, FTC, OIG, State AGs, and Congress. She has also acted on both sides of corporate Monitorships, serving on two Monitorship teams, and representing two international companies undergoing years-long scrutiny of an external Monitor. This experience provides her with unique insight into best practices in the assessment and development of ethics, integrity, and online safety trust and compliance programs.

An advocate for diversity and inclusion, Meg co-leads Orrick’s Orange County women’s inclusion network. Early in her career, she worked with LGBTQ+ youth at the National Center for Lesbian Rights and in the Juvenile Unit at the Santa Clara County Office of the Public Defender. She lives in California with her spouse and kids.

Alison Epperson Managing Associate, White Collar, Investigations, Securities Litigation & Compliance, FCPA & Anti–Corruption

New York

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D:+1 212 506 3622
E: [email protected]

Practice:

Finance Sector
White Collar, Investigations, Securities Litigation & Compliance
FCPA & Anti–Corruption
Government Investigations and Enforcement Actions
Internal Investigations
Global Investigations
International Trade and Investment
False Claims Act
Securities Litigation, Class Actions and Shareholder Derivative Lawsuits
Strategic Advisory & Government Enforcement (SAGE)

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Alison Epperson Managing Associate

New York

Alison represents individuals and corporations in a broad range of white collar criminal defense, anti-corruption, regulatory, and trade matters across the globe with a focus on the Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws and regulations. Alison's practice involves conducting internal investigations, representing clients in matters before the U.S. Department of Justice, U.S. Securities & Exchange Commission, and U.S. Office of Foreign Assets Controls, and enhancing corporate compliance programs. Alison has extensive experience responding to subpoenas and information requests from government entities and has trial and litigation experience in multiple federal district courts. She has also helped clients navigate shareholder books and records inspection demands and shareholder derivative lawsuits. Alison has represented companies around the world in the oil and gas, medical technology, digital entertainment, pharmaceutical, education, blockchain, technology, and financial industries.

Alison's practice also includes online safety issues, including advising companies on compliance with online safety-related obligations and best practices in the US and conducting online safety compliance risk assessments, especially as it relates to user safety on internet dating platforms. Alison's experience includes representing clients in connection with criminal and civil investigations conducted by state attorneys general related to state online safety legislation.

Alison remains committed to serving her community through pro bono representation and has experience in reproductive rights cases and policies, immigration and asylum matters, death penalty cases, policing and racial justice cases and policies, and a range of other constitutional issues. Alison has represented clients on civil and criminal matters in federal court, including a domestic violence survivor in a Hague Convention proceeding. Most recently, Alison helped achieve a meaningful settlement on behalf of the family of a man killed by police officers in Greenville, Mississippi after convincing the district court to deny qualified immunity for the officers involved.

Prior to joining Orrick, Alison graduated from Case Western Reserve University School of Law. In addition, while pursuing her undergraduate degree from Centre College, Alison worked on Capitol Hill in Washington, D.C., specifically in the Health, Education, Labor, and Pensions committee. In 2016, Alison co-founded the non-profit, CTE Hope, an organization dedicated to addressing the issues and research of traumatic brain injures and chronic traumatic encephalopathy.