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Floor Speech

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Mr. DURBIN. I thank the Senator for bringing us together on the floor today.

Are you worried about what your kids are looking at on those phones they carry around all the time? You try to get their attention, and they just can't take their face away from the phone. You often may wonder, What is on there? They say: Don't worry, Mom and Dad, we are just fine.

Grandparents feel the same way. They look at it and think, What in the world are they looking at?

Sadly, we know that some of them are looking at horrible things that they should never look at in that stage of their life, and we also know that exploitation is taking place.

In January, we joined together on a bipartisan basis. Senator Graham and myself, as chairman and ranking member of the committee, called a historic hearing with five CEOs from Big Tech companies. That hearing demonstrated that kids' online safety has widespread bipartisan support. Perhaps no other topic--in fact, I can't think of another topic where we had a unanimous vote on these bills by every member on the committee, Democrat and Republican, all 21.

The emotion I witnessed during that hearing and the faces of survivors, parents, and family members were unforgettable. There were parents who lost their children to the little cell phone they were watching day in and day out. They committed suicide by the instruction of some crazy person on the internet. They were children then and had grown up into adults, still haunted by the images they shared with some stranger on that little telephone years and years ago.

And you think to yourself, Well, why didn't they step up and say something? If those images are coming up on the internet, why don't they do something about it? Why don't they go to the social media site? In many and most instances they did and nothing happened.

That is the reason why we need this legislation. The STOP CSAM Act will allow survivors of online child sexual exploitation to sue the tech companies that have knowingly and intentionally facilitated the exploitation.

In other words, one young woman told a story. She shared an image of herself, an embarrassing image of herself, that haunted her for decades afterward. She went to the website that was displaying this and told them: This is something I want to take down. It is an embarrassment to me. It happened when I was a little girl and still I am living with it even today. They knew that it was on their website because this young woman and her family proved it, and yet they did nothing--nothing--but continued to play this exploitation over and over again.

Why? How could they get away with it?

They asked and many people asked: I thought we had laws in this country protecting children; what is going on? Well, there is a section 230 which basically absolves these companies--these media companies-- from responsibility for what is displayed on their websites on their social media pages.

That is exactly what we have changed here. We say something basic and fundamental. If the media, social media site knowingly and intentionally continues to display these images, they are subject to civil liability. They can be sued.

Want to change this scene in a hurry? Turn the lawyers loose on them. Let them try to explain why they have no responsibility to that young woman who has been exploited for decades.

That is what my bill works on. I am happy to have the cosponsorship of Senator Graham and others. We believe that this package of bills should come to the floor today, and that is what Senator Graham is asking for.

Let's have a debate. Let's hear the other side of the story if there is one. But for goodness' sake, for parents and grandparents across America and particularly for the kids, let's do something to protect them that is fundamental and basic.

To say that this industry is somehow beyond liability and beyond the law is not right; it is not American; and it shouldn't be allowed in this country.

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Mr. DURBIN. Madam President, I want to thank Senator Graham. This has truly been a bipartisan effort.

People are saying: Why don't they work together? Why don't the two parties work together? Well, 21 members of the Senate Judiciary Committee unanimously voted for these six bills--unanimously. And we come to the floor today saying we want to bring these to the floor for consideration.

This Chamber is largely empty day in and day out. We have got plenty of time and opportunity to use these desks and these microphones to consider issues.

What are the issues we might take up? The issues that keep families up at night. Why in the world is our little girl on that telephone night and day? What is she doing on there? She promises us she is safe and not to worry, Mom and Dad. But we don't know any better. And for goodness' sake, what is a parent supposed to do?

Now consider the worst case scenario: Someone takes advantage of your little girl or granddaughter on the internet and displays an image which is horrifying. You know it, you see it, and you can't believe it. You finally go to the media platform and say: For goodness' sakes, take that image down. This is exactly where you will find it. Bring it down. We don't want that to be broadcast anymore.

And if the media platform, at that point, knowingly and intentionally ignores the information you have given them to protect your family, then they can be held civilly liable. They can be sued. Do you think they will pay attention then? Why, of course, they will. That is why the objections are being heard.

I am going to keep working on this. I thank Senator Graham for making it a bipartisan effort. He is a wonderful partner on these issues.

We are coming back. I am working on a modification of my bill to bring some more support and make sure we consider everybody's point of view. But we do not take any position on encryption. As Senator Graham said, we are agnostic on that subject, but we do believe that something should be done to protect these families once and for all and to let these media platforms--these multimillion-dollar, profitable platforms--know they have a responsibility to the people of this country.

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