(21.04.2023)
– It makes it a crime for providers to âknowingly host or storeâ CSAM or âknowingly promote or facilitateâ the sexual exploitation of children, including the creation of CSAM, on their platforms.
– It creates a new civil claim and corresponding Section 230 carveout to encourage private lawsuits against internet companies and app stores for the âpromotion or facilitationâ of child exploitation, the âhosting or storing of child pornography,â or for âmaking child pornography available to any personââall based on the very low standard of negligence.
– It requires providers to remove (in addition to reporting and preserving) âapparentâ CSAM when they obtain actual knowledge of the content on their platforms.
– It creates a notice-and-takedown system overseen by a newly created Child Online Protection Board, requiring providers to remove or disable content upon request even before an administrative or judicial determination that the content is in fact CSAM.
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Because the law already prohibits the distribution of CSAM, the billâs broad terms could be interpreted as reaching more passive conduct like merely providing an encrypted app.
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Not every platform will have the resources to fight these threats in court, especially newcomers that compete with entrenched giants like Meta and Google.