There’s a grave threat to America’s kids lurking online.
While our children can benefit from a safe online experience by making friends, expanding their knowledge and learning skills, social media, as we all know, has a dangerous dark side.
The online world has seen massive changes since today’s teenagers were born. Social media companies emerged and went mainstream, including Facebook, Instagram, Snapchat and Twitter. Smartphones are everywhere. Apps, particularly messaging and livestreaming apps, became widespread, distributed through stores run by tech giants like Apple and Google.
This is what also happened over the same time period.
In 2009, the number of victims identified in child sexual abuse material (CSAM) was 2,172; today, that number has risen to 25,140 victims. From 2012 to 2022, the volume of reports to the National Center for Missing & Exploited Children (NCMEC) CyberTipline concerning child sexual exploitation increased from 415,650 reports to more than 32 million reports. In 2021, NCMEC received 139 reports related to financial sextortion online; last year, that number exploded to more than 10,000 reports.
These are just a few examples of the ways in which the harm of social media has grown in recent years. What did not change over that time period is any legal responsibility or accountability for the tech companies who designed and created this online world.
So, who protects our kids online? I’m sorry to say, almost no one. In fact, our laws are written to protect the companies who release this dangerous fare, not the kids who are being exploited.
The story of a young woman named Charlotte shows how unjust this is. When she was 16, she shared intimate images of herself with a man she met online and considered a friend. That man then posted the images online.
Ever since, Charlotte has endured online harassment and abuse. She, her mom and child advocacy groups have asked social media companies repeatedly to take down the images, with almost no luck.
Charlotte lost a teaching job she loved because of the images. She attempted suicide three times. She doubts she will ever feel safe.
We’ve given tech companies nearly three decades to police themselves. They have failed miserably, and our children are paying the price. Because the status quo has failed, Congress must impose stronger, enforceable protections for kids.
That’s why as chair of the Senate Judiciary Committee, I’m making it a priority to finally crack down on Big Tech and stop the exploitation of children online. For Charlotte and so many others.
Over the last few weeks, we have voted out of our committee a set of bipartisan bills that would require social media companies to adhere to new online safety standards for children — or pay a price. And that price could range from significant fines and civil judgments, to criminal prosecution. Enough is enough.
I introduced one of those bills: the STOP CSAM Act. This legislation will crack down on the proliferation of child sex abuse material online, support victims, and increase accountability and transparency for online platforms. The bill makes it possible for victims to sue online platforms that promote or facilitate online child sexual exploitation, and it creates a process for victims to get CSAM taken down off of websites. Our committee voted unanimously to advance the STOP CSAM Act. Clearly this isn’t a partisan issue.
Our committee also unanimously reported out four other bipartisan bills to protect children from online sexual exploitation. The EARN IT Act amends Section 230 of the 1996 Communications Decency Act to subject Big Tech companies to civil liability for CSAM on their platforms. Our committee also passed the SHIELD Act, which closes a gap in federal law by criminalizing the nonconsensual distribution of sexually intimate imagery and the distribution of nude images of minors with malevolent intent, and the Project Safe Childhood Act, which modernizes and strengthens the Justice Department’s efforts to combat online child sexual exploitation. Finally, the REPORT Act improves reporting of online child sexual exploitation to the CyberTipline.
These bills balance the need to protect free speech and the need to protect children from harm. But they make clear that we will no longer accept the current state of affairs, where social media companies make vast fortunes with the help of legal loopholes while children suffer.
During this time of political divide, we have the ability to come together and pass meaningful legislation for the sake of our children. There are other serious online threats to children that we must address, but these bills represent an important start.
I’m hopeful all of my colleagues, in the Senate and House, will join the Judiciary Committee in our efforts. Our kids are counting on us.
Richard J. Durbin is chairman of the Senate Judiciary Committee and Senate majority whip.