Bill to Hold Big Tech Firms Accountable for Child Sexual Abuse Material Approved by Judiciary Committee.

Senate Judiciary Committee Introduces Bill to Combat Child Sexual Abuse Material Online

The Senate Judiciary Committee has taken a step towards cracking down on child sexual abuse material (CSAM) online and holding Big Tech firms accountable. The bill, introduced by Sen. Josh Hawley (R-Mo.) and Senate Judiciary Committee Chairman Dick Durbin (D-Ill.), aims to combat the proliferation of CSAM online and grants more support to victims, while also bolstering accountability and transparency among online platforms.

What the Bill Entails

The bill would hold tech companies more accountable for CSAM posted on their platforms by limiting their immunity from civil liability under Section 230 of the Communications Decency Act, instead making them liable for certain child exploitation offenses. Under the legislation, it is deemed unlawful for a “provider of an interactive computer service” as defined in Section 230, to knowingly host or store child pornography or make child pornography available to any person on their platforms. Platforms that violate the legislation risk being fined up to $1 million although that could go up to $5 million if the offense “involves a conscious or reckless risk of serious personal injury or an individual is harmed as a direct and proximate result of the violation,” the legislation states.

The bill also expands protections for child victims and witnesses in federal court; facilitates restitution for victims of child exploitation, human trafficking, sexual assault, and crimes of violence; and “empowers victims” by removing obstacles for them when it comes to them asking tech companies to remove CSAM from their platforms. Additionally, it creates an administrative penalty for companies that fail to comply with requests to take down such content.

Endorsements

The bill has received endorsements from a string of organizations including the National Center for Missing and Exploited Children, the National Children’s Alliance, the Child Rescue Coalition, the National District Attorney’s Association, the National Fraternal Order of Police, the Major Cities Chiefs Association, the National Criminal Justice Training Center, and the Youth Power Project, among others.

Sen. Hawley noted that the Senate Judiciary Committee had adopted his Section 230 amendment to the bill prior to passing it. “I’ve just become convinced that maybe the only way to get the attention of these tech companies is to take away their immunity,” he said in a press release.