A resolution urging the European Parliament to exempt certain technologies used to detect child sexual exploitation from European Union ePrivacy directive.
Latest action (25 Mar 2021): Introduced
What this bill does
S.Res. 138 is a Senate resolution expressing Congress's views on a European Union privacy rule rather than a binding law. It states the Senate's finding that technologies such as hashing, PhotoDNA, and anti-grooming detection tools are essential for identifying child sexual abuse material (CSAM) and online grooming, and it urges the European Parliament to amend the EU's ePrivacy directive so that electronic service providers can continue voluntarily using these tools to detect, report, and remove such content.
The resolution's factual basis is that a 2018 EU directive, which took full effect in December 2020, extended data-privacy protections to interpersonal communications like messaging and email, removing the legal basis for companies to use these detection technologies in the EU. The bill notes reports to the National Center for Missing & Exploited Children's CyberTipline from the EU dropped sharply after the directive took effect. The resolution affects online service providers operating in the EU, child-safety organizations, and, indirectly, children worldwide who could be harmed if detection of CSAM and grooming declines, since the sponsors argue that reduced detection in the EU could affect victims globally, including in the United States.
The resolution was introduced March 25, 2021, by Senator Tom Cotton with two cosponsors, and referred to the Senate Foreign Relations Committee. As a resolution, it would not create U.S. law even if passed, but would formally convey the Senate's position to European lawmakers. According to available records, it did not receive a committee vote or further action.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
This resolution urges the European Parliament to enact legislation that allows electronic service providers to continue using certain technologies to detect child sexual exploitation.
Common questions
- What does S.Res. 138 do?
- S.Res. 138 is a Senate resolution expressing Congress's views on a European Union privacy rule rather than a binding law. It states the Senate's finding that technologies such as hashing, PhotoDNA, and anti-grooming detection tools are essential for identifying child sexual abuse material (CSAM) and online grooming, and it urges the European Parliament to amend the EU's ePrivacy directive so that electronic service providers can continue voluntarily using these tools to detect, report, and remove such content. The resolution's factual basis is that a 2018 EU directive, which took full effect in December 2020, extended data-privacy protections to interpersonal communications like messaging and email, removing the legal basis for companies to use these detection technologies in the EU. The bill notes reports to the National Center for Missing & Exploited Children's CyberTipline from the EU dropped sharply after the directive took effect. The resolution affects online service providers operating in the EU, child-safety organizations, and, indirectly, children worldwide who could be harmed if detection of CSAM and grooming declines, since the sponsors argue that reduced detection in the EU could affect victims globally, including in the United States. The resolution was introduced March 25, 2021, by Senator Tom Cotton with two cosponsors, and referred to the Senate Foreign Relations Committee. As a resolution, it would not create U.S. law even if passed, but would formally convey the Senate's position to European lawmakers. According to available records, it did not receive a committee vote or further action.
- Has S.Res. 138 become law?
- Not yet. As of 25 Mar 2021, S.Res. 138 is introduced.
- Who sponsored S.Res. 138?
- S.Res. 138 was sponsored by Sen. Tom Cotton [R-AR] (Republican-AR), with 2 cosponsors.
- What's the latest action on S.Res. 138?
- Introduced (25 Mar 2021).
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