Senator Mike Lee of Utah introduced federal legislation on Thursday, July 24, 2026, that would impose new federal rules on adult sites and platforms. The proposed bill, titled the “Preventing Rampant Online Technological Exploitation and Criminal Trafficking (PROTECT) Act of 2026,” contains provisions that mirror regulations enacted in North Carolina in 2025.

Echoes of North Carolina's HB 805

The PROTECT Act of 2026 includes several provisions nearly identical to those found in North Carolina's HB 805, a state bill enacted in 2025. HB 805 imposed new state requirements on adult sites concerning age verification, consent, and content removal. Industry observers have noted the legal and operational requirements faced by the industry in North Carolina due to this law.

The new federal PROTECT Act aims to expand these requirements nationwide. The bill would mandate that covered platforms verify performers’ ages and consent through a process that exceeds federal record-keeping requirements under Section 2257. Section 2257 requires producers of sexually explicit content to maintain records of each performer’s name and age, verified by government ID, to combat child sexual abuse material (CSAM).

The PROTECT Act goes beyond Section 2257 by requiring explicit written consent for each individual sexual act performed during content creation. It also mandates separate and detailed consent for content distribution, specifying the geographic area, medium of distribution, and duration of consent. Producers, performers, and distributors would be required to use consent forms created or approved by the U.S. attorney general.

Additionally, the PROTECT Act would grant individuals appearing in adult content the right to withdraw their consent at any time. When HB 805 was enacted with a similar provision, industry advocates and stakeholders expressed concerns that it effectively invalidated model contracts in North Carolina.

Broad Definition and Potential Impact

The bill defines “covered platforms” as websites or platforms that “primarily” provide a forum for user-generated content (UGC), or for which it is “in the regular course of trade or business” to provide adult content. Mike Stabile, Director of Public Policy for the Free Speech Coalition, noted that while the latter definition includes adult sites, the former could encompass tube sites and mainstream social media platforms.

Stabile stated that the bill is aimed at adult sites, but suggested that the most significant impact would be on social media platforms. He indicated that the adult industry already largely complies with the major provisions of the bill, including age and consent verification. Stabile compared the potential impact to Arizona's HB 2133, suggesting that platforms like X, Reddit, Discord, Telegram, forums such as 4chan, and any service allowing the distribution of non-explicit sexual material, like YouTube, would feel the majority of the impact.

Stabile explained that these platforms would not only need to collect documentation for adult content, but the bill’s definition of “pornographic image” includes any visual depiction of sexually explicit conduct “actual or feigned.” This definition would necessitate collecting documentation for mainstream films and content, including titles like “Game of Thrones” or “Hunting Wives,” as well as works by Man Ray and Mapplethorpe, parody content, and documentary films. Stabile characterized this aspect as an attempt to remove sex entirely from non-adult sites.

Penalties and Industry Concerns

The proposed law includes both civil and criminal penalties for violators. The U.S. attorney general would be empowered to levy fines of up to $10,000 per day per image found in violation. Private individuals would also be able to sue for damages of $10,000 or more. First-time violators could face up to five years in prison, fines, or both, while repeat violators could face at least two years and up to 10 years in prison, fines, or both.

Industry attorney Corey Silverstein expressed concerns that Congress continues to respond to public safety issues by imposing burdensome obligations on platforms distributing lawful, constitutionally protected speech. Silverstein noted that the bill appears to assume platforms can verify the age, identity, and consent of every individual depicted in every uploaded work with complete certainty, which he described as complex for platforms hosting large volumes of user-generated content.

Silverstein suggested that the inevitable result could be that many platforms refuse to host lawful content to avoid severe civil or criminal liability, creating a chilling effect on free expression. He likened the potential impact to FOSTA/SESTA, which revoked Section 230 liability protections for sites that “unlawfully promote and facilitate” prostitution or sex trafficking. Silverstein observed that FOSTA/SESTA reduced lawful online speech while not eliminating underlying criminal activity. He cautioned legislators against repeating this mistake by imposing compliance obligations that primarily affect legitimate businesses, while bad actors move to offshore or anonymous platforms that disregard U.S. law.

Senator Lee’s office stated that the bill is an effort to “shield children and other victims of sexual abuse from exploitation online.” Lee has previously introduced federal legislation that would redefine most visual depictions of sex as obscene and illegal, a goal outlined in the Heritage Foundation's Project 2025 policy blueprint.

Key Facts

  • Senator Mike Lee introduced the “Preventing Rampant Online Technological Exploitation and Criminal Trafficking (PROTECT) Act of 2026” on Thursday, July 24, 2026.
  • The bill's provisions are similar to North Carolina's HB 805, enacted in 2025.
  • The PROTECT Act mandates explicit written consent for each sexual act and detailed consent for content distribution, exceeding Section 2257 requirements.
  • Individuals in adult content would be able to withdraw consent at any time.
  • The bill defines "covered platforms" broadly, potentially including mainstream social media platforms.
  • Violators could face civil fines of up to $10,000 per day per image and criminal penalties including up to 10 years in prison.