McClellan, Moran, Schatz, Blackburn Introduce Bipartisan, Bicameral CONSENT Act to Protect Against Unsolicited Intimate Images

Washington, D.C. - Today, Representatives Jennifer McClellan (D-VA-04) and Nathaniel Moran (R-TX-01) and Senators Brian Schatz (D-HI) and Marsha Blackburn (R-TN) reintroduced the bipartisan, bicameral Curbing Online Non-Consensual Sexually Explicit Nudity Transfers (CONSENT) Act to eliminate the nonconsensual distribution and transmission of intimate images, particularly on social media and dating apps.

"Cyberflashing" and the proliferation of unsolicited sexually explicit images online causes serious harm to American citizens, putting women and young people especially at risk. The rise of artificial intelligence exacerbates this issue by providing an opportunity for fake, generated images to be distributed and transmitted in similar nonconsensual ways.

The CONSENT Act addresses this by creating a private right of action that allows recipients to seek damages and injunctive relief against individuals who knowingly send intimate images without consent. This approach offers a federal remedy through the courts that empowers recipients to respond and hold cyberflashers accountable.

"As the technological landscape rapidly changes, lawmakers must prioritize the digital safety and security of the American people, especially women and children targeted by cyberflashing and other sexually exploitative practices," said Congresswoman McClellan. "As a state legislator, I led the effort to criminalize cyberflashing in Virginia. Now, Congress must safeguard against cyberflashing abuses. The CONSENT Act will help provide a safer online environment while empowering survivors with a pathway to accountability."

"No one should be subject to online sexual harassment and exploitation," said Congressman Moran. "The explosion of AI-generated abuse material has made the need to address cyberflashing more urgent than ever. The CONSENT Act will give victims in every state the ability to fight back. Artificial intelligence has raised the stakes, and it is time for Congress to rise to the moment to provide added protection from exploitation."

"No one should fall victim to unwanted flashing, whether in real-life or online," said Senator Schatz. "By providing a federal private right of action and imposing penalties, this bill will help prevent sexual harassment and hold perpetrators accountable."

"AI has opened the door for bad actors to produce explicit images quickly and cheaply to abuse or harass more victims, especially targeting young women," said Senator Blackburn. "The bipartisan CONSENT Act would provide victims with a civil right of action and relief when they receive unwanted sexual images or videos on dating apps, text messages, and other forms of online communication."

The CONSENT Act is endorsed by the onling dating app Bumble, National Alliance to End Sexual Violence (NAESV), National Domestic Violence Hotline (The Hotline), National Network to End Domestic Violence (NNEDV), National Women's Law Center (NWLC) Action Fund, RAINN, SafeBAE and Sexual Violence Prevention Association (SVPA).

"For years, Bumble has championed efforts to criminalize cyberflashing and protect people from unsolicited explicit content online. While we are proud of the progress that has been made at the state level, millions of Americans, especially women, remain unprotected without a federal standard," said Whitney Wolfe Herd, Bumble's Founder and CEO. "That's why we support the bipartisan CONSENT Act, which empowers individuals to take legal action against those who knowingly send nonconsensual explicit content. Congress has an opportunity to make it clear that these acts are unacceptable and that everyone deserves a safer, more respectful online experience. Thank you to the bill sponsors who are helping move this critical legislation forward."

"The CONSENT Act takes an important step forward to acknowledge the harm caused to victims from receiving non-consensual sexual images, and, importantly, increases accountability for those engaged in this harm. We support the creation of a private right of action allowing recipients to seek damages and injunctive relief against individuals who knowingly transmit intimate images without consent," said Terri Poore, Policy Director at NAESV.

"Unsolicited intimate images are a deeply invasive form of technology-facilitated abuse that can be used to harass, intimidate, and control victims and survivors," said Katie Ray-Jones, CEO of the National Domestic Violence Hotline. "The CONSENT Act would create an important pathway for accountability and help ensure that survivors, including minors and those targeted by AI-generated abuse, have meaningful options to protect their safety, privacy, and dignity. The Hotline is grateful for continued bipartisan leadership to address the evolving ways technology is being used to cause harm."

"The National Network to End Domestic Violence (NNEDV) strongly supports the CONSENT Act and applauds Representatives McClellan and Moran and Senators Schatz and Blackburn for introducing this bipartisan, survivor-centered legislation. Survivors of domestic violence, stalking, sexual assault, and other forms of abuse increasingly face serious harm from the non-consensual sharing and transmission of intimate images. By creating a clear pathway for survivors to seek accountability and injunctive relief, the CONSENT Act helps address a critical gap in existing law. NNEDV is proud to support this effort to strengthen protections against technology-facilitated abuse and ensure survivors have meaningful tools to pursue justice in the digital age," said Tonia Moultry-Pace, Interim CEO and President of NNEDV.

"The sending of unsolicited intimate images has been commonplace for decades, but federal law has failed to keep pace with technology-facilitated sexual harassment," said Elizabeth Tang, senior counsel for education and workplace justice at the NWLC Action Fund. "The CONSENT Act closes this gap by allowing recipients of unsolicited sexual images to go to court to stop the harassment and recover reasonable damages, attorney fees, and court costs from their harasser. We urge Congress to act swiftly to pass this important and long-overdue bill."

"Cyberflashing is not a harmless prank or minor inconvenience. It is digital sexual violence. It violates the victims consent and can threaten their safety. Right now, digital sexual violence is the most rapidly increasing form of sexual violence. Yet, victims are left without avenues for justice and perpetrators are encouraged to continue their harm without consequences. The CONSENT Act changes this. It empowers survivors with the tools to seek justice in the form of civil restitution. Accountability and action change culture. The CONSENT Act will prevent future cyberflashing by changing the norms around accountability and action," said Omny Miranda Martone, Founder and CEO of SVPA.

As of July 1st, 2022, it is illegal to send unsolicited nude photos in Virginia, thanks to McClellan's efforts as a state legislator. While in the Virginia General Assembly, McClellan worked with Bumble to develop and champion legislation that made it illegal to send unsolicited, sexually explicit photos.

The bipartisan, bicameral CONSENT Act:

• Ensures a private right of action against individuals who knowingly send unsolicited, nonconsensual, sexually explicit visual images, whether they are unaltered or manipulated using machine learning or artificial intelligence.
• Provides that an individual may obtain either statutory damages (not more than $500) OR compensatory damages for emotional distress, reimbursement for reasonable attorney fees, and a temporary restraining order to cease receiving sexually explicit images from the sender.
• Safeguards the privacy of minors and allows a legal guardian to bring a civil action on their behalf and may elect to use the plaintiff's initials in all further court proceedings.

Read the full bill text and one-pager.