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

German Court: Regulator Can't Block Entire IG Accounts, Only Posts

A German court has ruled that while a regional media regulatory agency may block specific Instagram posts that include material deemed harmful to minors, it cannot ban an entire Instagram account due to such a post.

Brazil Lays Out Preliminary Guidelines for New AV Requirements

President Luiz Inácio Lula da Silva on Wednesday signed a decree establishing guidelines for new regulations requiring adult websites to age-verify users located in Brazil.

Senate Committee Debates Section 230 Reform

The U.S. Senate Committee on Commerce, Science, and Transportation held a hearing Wednesday on potential changes to Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Pearl Industry Network Offers Free Creator Memberships

Industry trade group Pearl Industry Network (PiN) has launched its free creator membership initiative.

Sam Bird Acquires Fanblast

Sam Bird, former co-director of global talent agency Surge, has acquired creator monetization tool Fanblast and named himself CEO.

'SheHerGirls' Launches Through Paysite.com

The braintrust behind PoleVixens has officially launched a new membership site, SheHerGirls, also through Paysite.com.

FTC Invites Public Comment on 'Click to Cancel' Rulemaking

The Federal Trade Commission (FTC) announced this week that it is seeking public comment on whether it should amend its Negative Option Rule to better address deceptive or unfair practices.

Aylo Rebuts Indiana AV Suit Claims Over VPN Access

Aylo this week asked a Marion Superior Court judge to dismiss Indiana’s lawsuit alleging that the company violated the state’s age verification law by failing to prevent access by users who employ VPNs and similar means to avoid geolocation.

'PSMTickling' Launches Through Paysite.com

PSMTickling.com has officially launched through Paysite.com.

Show More