S.Amdt. 5864

The STOP CSAM Act of 2026 (Strengthening Transparency and Obligations to Protect Children Suffering from Abuse and Mistreatment Act of 2026) is an amendment designed to increase protections for child victims and hold tech companies accountable for child sexual exploitation.

It aims to change and add the following to the bill:

Victim Protections and Court Procedures

• Expands the definition of "covered persons" to include victims of physical abuse, sexual abuse, exploitation, or kidnapping (including international parental kidnapping) and witnesses to crimes against others.
• Creates stronger protections for "protected information" (such as names, addresses, and medical records) to prevent public disclosure in federal court.
• Establishes a presumption that public disclosure of a covered person's information would be detrimental.
• Authorizes funds for guardian ad litem services and the appointment of trustees to manage restitution payments for minors or incapacitated victims.

Tech Industry Accountability

• Mandates that providers report apparent child pornography or planned violations to the NCMEC CyberTipline within 60 days of obtaining knowledge.
• Requires large providers (over 1 million monthly users and $50 million in revenue) to submit annual reports on their safety policies, the efficacy of their tools, and the prevalence of exploitation on their platforms.
• Establishes criminal and civil penalties for providers that fail to report or preserve material.
• Makes it unlawful for interactive computer services to intentionally host child pornography or knowingly promote/facilitate specific exploitation crimes.

Civil Remedies for Victims

• Expands the private right of action, allowing victims to sue for personal injuries.
• Creates a new civil remedy allowing victims to sue interactive computer services or app stores for the intentional, knowing, or reckless promotion, hosting, or aiding and abetting of child sexual exploitation.
• Provides for actual damages, liquidated damages of $300,000, punitive damages, and attorney fees.
• Explicitly states that Section 230 of the Communications Act of 1934 does not limit these specific civil claims.

Restitution and Funding

• Mandates court-ordered restitution for offenses involving the production of child pornography or visual depictions of identifiable minors.
• Authorizes specific annual appropriations to the United States courts to carry out these provisions.