WASHINGTON — Sen. Mike Lee, a Republican from Utah, introduced new legislation Thursday in the U.S. Senate that would substantially change the federal record-keeping requirements for platforms that allow the publication and distribution of pornographic content online.
The proposal, titled the Preventing Rampant Online Technological and Criminal Trafficking (PROTECT) Act, would require platforms hosting explicit material to take what it describes as “reasonable steps” to verify the age and consent of people who upload content and those who appear in user-generated material, including content posted on social media platforms.
“Pornography sites need to do more to prevent the rampant child exploitation that is occurring on their platforms,” Lee said. “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.” As currently drafted, the PROTECT Act would also revise the record-keeping requirements outlined in 18 U.S. Code § 2257, expanding beyond the long-established compliance standards followed by studios and producers under the U.S. Department of Justice.
Under Section 2257, federal law requires producers and studios to verify that performers are at least 18 years old and to maintain records documenting that verification.
Compliance with Section 2257 is generally handled by senior corporate executives, in-house or general counsel, or dedicated compliance officers.
The bill defines “covered platforms” as any “website, online service, online application, or mobile application … that serves the public … [and] … primarily provides a forum for user-generated content.” That definition is broad enough to encompass major social media platforms such as TikTok, Instagram, Reddit and X. Enforcing such requirements across platforms of that size could present significant logistical and financial challenges. The framework proposed in Lee’s legislation mirrors record-keeping measures adopted in several states, including North Carolina, where lawmakers approved HB 805, known as the “Prevent Sexual Exploitation of Women and Minors Act,” during the 2025 legislative session.
North Carolina Gov. Josh Stein, a Democrat, initially vetoed HB 805, describing it as a “mean-spirited” measure that could be used to limit freedom of expression.
The North Carolina legislature later voted to override Stein’s veto, allowing the bill to become law. Following its enactment, adult industry representatives argued that the legislation was intended to weaken the legal foundation of the adult entertainment industry and existing contract law.
Critics, including Mike Stabile of the Free Speech Coalition, said when the North Carolina law took effect that this type of legislation is “a calculated and purposeful attack on the adult industry, using a strategy that right-wing religious groups have floated for years.”
Under Lee’s proposal, producers and adult content creators would be required to maintain documentation demonstrating consent and compliance or face potential civil and criminal penalties. The legislation would also require platforms to verify the identity of users before allowing them to upload content and to confirm that individuals appearing in explicit material are adults. In addition, the bill calls for maintaining “explicit written evidence of consent for each sex act in which the individual engaged during the creation of the pornographic image,” according to the current text of the proposal.
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