Senate's SAVE Act Would Force Extensive Recordkeeping

WASHINGTON — Following passage of a related House bill in May, two U.S. senators have introduced legislation that could have a significant impact on online adult sites by imposing extensive recordkeeping requirements for adult advertising.

Last week, Sens. Dianne Feinstein and Mark Kirk  introduced the Senate version of the Stop Advertising Victims of Exploitation (SAVE) Act that would create federal criminal liability for online content publishers who host ads related to child trafficking. 

SAVE, with its focus on web platforms like Backpage.com that offers sexual services and personal ads, would make it a federal crime to host an advertisement that "facilitates or is designed to facilitate" sex acts with anyone under 18 years old.

The bill introduces extensive requirements, similar to the 18 U.S.C. 2257 recordkeeping rules for adult producers, that would broadly implicate advertising network service providers, including third-party brokers of online or wireless advertising who offer banners, sponsorships, email, keyword searches and slotting fees.   

Hosts of online adult ads would be required to review ads before publication and obtain a government-issued photo ID from the person who created the ads and any people appearing in them.

The piece of legislation also would require a valid telephone number and credit card number from those persons and "prohibit the use of euphemisms and codewords" in ads, as well as outlaw the use of prepaid debit cards or cryptocurrencies in placing paid ads.

Recordkeeping of those individuals would need to be maintained for a minimum of seven years and operators would have to make them "available to the [U.S.] Attorney General, any designee of the Attorney General, the attorney general of a state, and any designee of the attorney general of a state for inspection at all reasonable times."

Failure to maintain records or making false entries would result in five-year sentences and fines starting at $250,000 per violation. Repeat offenders could get up to 15 years and $500,000 fines.

Violators also could have their real or personal property seized and forfeited; gross proceeds also would be subject to seizure.

The bill's broad language could effectively put a crimp in every aspect of online advertising or social networking, including the self-promotion of adult performers who use Twitter, Instagram or Facebook.

It also could be problematic for user-generated content, including adult tube sites, that host high volumes of content and have little to no control over what users decide to upload.

The Center for Democracy and Technology said that the Senate version of SAVE raises several concerns, including new potential liabilities and unintended consequences for third parties.

"Intermediaries who host users’ content will be faced with a wide and difficult-to-define range of content that may pull them into the bill’s criminal liability provisions," the group said.

Further, operators of online classified ad sites would have a strong disincentive to create categories for “adult” ads or to do any sort of pre-screening of user-uploaded content, in order to avoid obtaining knowledge that they are hosting adult advertising.

Operators also would be likely to take down any content that is reported to them as being an adult advertisement, rather than risk prosecution for continuing to host flagged content.

"This would essentially result in a de facto notice-and-takedown regime for adult content, and would create a potentially powerful heckler’s veto mechanism for individuals seeking to suppress other users’ speech," the group said.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

MyMember.site Integrates FSC's 'PrivateAV' Age Verification Solution

MyMember.site has integrated Free Speech Coalition's PrivateAV age verification tool into its website-building platform.

Pearl Industry Network Launches Creator Networking App Beta

Industry trade group Pearl Industry Network (PiN) has launched beta testing for the PiN Member App, a networking and collaboration tool for content creators.

FSC: W.V. Age Verification Law Takes Effect June 12

The Free Speech Coalition has issued a reminder notice that West Virginia's age verification law takes effect on June 12, 2026.

Pineapple Support Taps Brad Mitchell, Jean-Micheal Veen for Senior Leadership Positions

Pineapple Support has named Brad Mitchell as its new board president and Jean-Micheal Veen as technology and development chair.

WOW Tech, XR Brands Reach Settlement in Patent Infringement Dispute

XR Brands and Lovehoney Group subsidiary WOW Tech Group have settled a patent dispute over WOW's Pleasure Air Technology.

Polish Government Proposes AV Mandate for Adult Sites

Poland’s Council of Ministers on Tuesday endorsed a proposed national law that would require sites and platforms to age-verify users to prevent minors from accessing adult content online.

Brazil Launches Complaints Page for AV Violations

Brazil’s National Data Protection Authority (ANPD) on Monday debuted a portal where citizens can report possible violations of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

FSC Launches 'Speak Out' Media Campaign for Creators

The Free Speech Coalition (FSC) has announced the launch of FSC Speak Out, a media campaign for content creators to tell their stories.

Pineapple Support, Stripchat to Host LGBTQ Support Group

Pineapple Support and Stripchat are hosting a free online support group for LGBTQ+ individuals within the adult industry, titled "LGBTQ and Proud."

Pornhub Awards Fiesta: A Night of Music, Dancing and Camaraderie

The eighth annual Pornhub Awards transformed Los Candiles Night Club in Glassell Park into a celebration of glamour, glitter, fashion and fame Wednesday night, as performers, creators and industry insiders toasted the year’s winners and danced late into the night while Diplo and Midnight Mary kept the party pulsing from behind the decks.

Show More