The Stopping Harmful Image Exploitation and Limiting Distribution (SHIELD) Act ensures that federal prosecutors have appropriate and effective tools to address serious privacy violations

WASHINGTON — U.S. Senators Amy Klobuchar (D-MN) and John Cornyn (R-TX) introduced bipartisan legislation to take on the online exploitation of explicit, private images. The Stopping Harmful Image Exploitation and Limiting Distribution (SHIELD) Act would provide federal law enforcement with the tools they need to crack down on serious privacy violations. The bill establishes federal criminal liability for people who distribute others’ private or explicit images online, or threaten to do so, without consent. The bill also fills in existing gaps in federal law so that prosecutors can hold all those who exploit children accountable. Current state laws offer incomplete and inconsistent protection for victims of image exploitation. Last year, the SHIELD Act passed the Senate unanimously. Companion legislation in the House of Representatives is led by Representatives Jeff Van Drew (R-NJ) and Madeleine Dean (D-PA).

“We need to provide victims of online abuse with the legal protection they deserve, and to hold their exploiters accountable,” said Klobuchar. “Our bipartisan legislation does just that. Providing law enforcement with the tools they need will help prevent these serious privacy violations from going unpunished or even happening in the first place. We will build on the progress we made last year to finally get these critical protections passed into law.”

“Those who have had their digital privacy violated shouldn’t have to fear that their abusers will go unpunished,” said Cornyn. “Our legislation will help ensure criminals who share private images of others online, including explicit photos of children, are held accountable to the fullest extent of the law.”

The SHIELD Act is endorsed by over 50 organizations, including the National Association of Police Organizations, the National Center for Missing & Exploited Children, and the National District Attorneys Association.

“In a world where smart phones and other devices are used to record and share every moment in life, it is vital to protect against the malicious, nonconsensual sharing of private, explicit images. These privacy violations disproportionately target women and minors. By establishing federal liability for those who share private images without consent, the SHIELD Act will help law enforcement bring justice to the victims of these crimes. We thank Senators Klobuchar and Cornyn for their leadership and stand with them in support of this important bill,” said Bill Johnson, Executive Director of the National Association of Police Organizations.

“The National Center for Missing and Exploited Children (NCMEC) applauds Senator Klobuchar and Senator Cornyn for their leadership on the SHIELD Act. This essential piece of legislation protects children and closes a gap in current law by criminalizing the distribution of sexually explicit and nude images of a child. In 2024, NCMEC received more than 500,000 reports of online enticement, including sextortion, to our CyberTipline. The SHIELD Act will provide a crucial legal remedy for children in many of these cases. We look forward to working with the Senate and House sponsors to ensure that the SHIELD Act is enacted into law this term. NCMEC is appreciative of all Congressional supporters of the SHIELD Act who are working to prioritize child safety online,” said Michelle DeLaune, President and CEO of the National Center for Missing & Exploited Children.

“As technology advances at a rapid pace, so too does the exploitation of some of our most vulnerable victims in our communities—children. The Stopping Harmful Image Exploitation and Limiting Distribution (SHIELD) Act takes an important step to hold those who prey on children and others accountable. The legislation also addresses the challenges of ‘sextortion’ and closes a loophole where child pornography falls short of meeting the definition of sexual content. We appreciate Senator Klobuchar and Senator Cornyn's efforts to provide the necessary tools to law enforcement and prosecutors to keep our communities safe,” said Nelson Bunn, Executive Director of the National District Attorneys Association.

The SHIELD Act would:

  • Ensure that the Department of Justice has an appropriate and effective tool to address serious privacy violations;
  • Establish federal criminal liability for individuals who share, or threaten to share, private, sexually explicit or nude images without consent;
  • Fill in gaps in existing law that prevent prosecutors from holding those who share explicit images of children accountable; and
  • Protect the victims of serious privacy violations, while leaving room for sharing consensual images and images of public concern.

Last year, at a Senate Judiciary Committee hearing titled “Big Tech and the Online Child Sexual Exploitation Crisis,” Senator Klobuchar was part of a hearing that questioned tech executives about their companies turning a blind eye when young children join their platforms, ignoring the risk of sexual exploitation, using algorithms that push harmful content, and providing a venue for drug traffickers to sell deadly narcotics like fentanyl. In 2017, Klobuchar and former Senators Richard Burr (R-NC) and Kamala Harris (D-CA), introduced the first version of this legislation, the bipartisan Ending Nonconsensual Online User Graphic Harassment (ENOUGH) Act. 

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