-9999
Floor Speech
BREAK IN TRANSCRIPT
Mr. DURBIN. Mr. President, I am going to raise a different issue on the floor, and I am going to be joined in that issue by the cosponsor of the legislation, Senator Hawley of Missouri. So I will speak to the measure and then defer to him and then make a motion, which I believe the Senator from Oregon Senator Wyden is going to respond to.
Mr. President, I come to the floor today to ask the Senate to pass the STOP CSAM Act, bipartisan legislation that would finally open the courthouse doors to survivors of child exploitation and their families.
Too many parents in America live in fear every time their child logs into a phone, a tablet, or video game console. They know the internet has, unfortunately, become a hunting ground for predators of children.
Earlier today, the Senate Judiciary Committee learned more about the horrors facing our children online, and we heard from one of those families.
Three years ago, 17-year-old James Woods--an honor student, an accomplished track athlete from the State of Ohio--died by suicide after being targeted by predators on Instagram. We asked his mother today: How long did this relationship online last?
She said: Start to finish--the finish was the end of her son's life-- 19 hours.
They tricked James into sending them sexually explicit photos, and they threatened to ruin his life if he didn't pay them to destroy the photos. His tormentors sent him 200 messages in 19 hours, encouraging, finally, that he end his life, which he ultimately did.
In January 2022, 13-year-old Jay Taylor--an artistic, compassionate child from the State of Washington, gifted in math--died by suicide after being targeted by predators on Discord. Jay was pursued by a group who used Discord to bully him into taking his own life, which was live-streamed for his abusers to watch.
These are two examples of cruelty and danger for kids that they can encounter on online platforms. How do we do something to stop this?
In 2014, the National Center for Missing & Exploited Children, called NCMEC, received 1.1 million cyber tips of child sexual abuse material, known as CSAM. By 2023, less than 10 years later, the number of cyber tips have exploded to 36 million--from 1 million to 36 million--and every one of those reports represents a child harmed, exploited, and degraded.
As I have heard and learned more about the horrors of online child sexual exploitation, I have made it my mission to try to put an end to it. That is why I worked with survivors, prosecutors, law enforcement, victim advocates, and my colleagues on both sides of the aisle to write a bill that responds with the urgency this situation demands. The bill is called STOP CSAM. The lead sponsor, beginning this year, is Senator Josh Hawley, Republican of Missouri, and the cosponsor is Durbin, Democrat of Illinois. I would like to thank Senator Hawley for being the lead sponsor who voted unanimously with the Judiciary Committee to advance this bill last year.
And I want to recognize the extraordinary survivors and advocates who continue to make this legislation possible by their impassioned pleas. Unfortunately, due to Big Tech's deep pockets, it has not been easy to pass a law to finally hold the tech industry accountable for the harms they cause.
Ask any parent or child walking around holding a cell phone if they are worried about what is going on, on that cell phone, and I will tell you they are. They hope that their children are doing the right things and not being lured into a trap by somebody on the other end of the line. The same thing, of course, is true with computers.
So when STOP CSAM didn't pass the Senate last year, Senator Hawley and I were determined to bring it up this year.
Because Big Tech has failed to take the steps to keep kids safe when they are online, it is imperative that Congress do something for the parents and the children who are victims.
The STOP CSAM Act takes a comprehensive approach to stemming online childhood exploitation. Most significantly, it creates accountability. It pierces the broad immunity granted to Big Tech by section 230 of the Communications Decency Act.
I can't think of another element of our economy that is free from any worry of being sued. If you drive in a haphazard and reckless way, you will be held responsible. But when it comes to this industry, they conduct their business with little or no regard for the victims. They are immune from responsibility under section 230.
STOP CSAM, which we bring to the floor today, changes it. It does one simple thing: It allows the victims to sue tech platforms and app stores that promote or aid and abet online child sex exploitation.
Survivors deserve a day in court. I just guarantee you, if there is civil liability on the line here, the industry is going to change and rework their online offerings to protect children. Right now, they could give a darn.
STOP CSAM also forces transparency onto Big Tech by requiring the companies to submit annual reports describing their efforts to protect children. This is more than a box-checking exercise. This bill requires providers to disclose concrete steps they are taking to protect children.
We have all seen the headlines. We all know the worry. Tech companies promise to improve but only repeat the same conduct over and over again at the expense of children.
Last year, half of all cyber tips provided by tech companies included insufficient information to be actionable by law enforcement. Civil liability will change that.
The STOP CSAM Act passed unanimously out of the subcommittee this summer. That unanimity is no accident. It reflects an understanding of what we need to do to protect children.
BREAK IN TRANSCRIPT
Mr. DURBIN. In a few minutes, we made the case. When a conservative Missouri Republican and a progressive Illinois Democrat can agree on a measure this important to the families of America, I think it is a unique message.
How many times are we told back home: For God's sake, stop playing politics. If you must, compromise, but get something done.
And, certainly, protecting our children is the highest possible priority.
These measures, as Senator Hawley alluded to, passed unanimously out of the Senate Judiciary Committee. Trust me, the 20-plus members of that committee span the political spectrum. They all voted for these measures. That is why we bring them to the floor.
For those who are following the debate, we are going to have a voice vote pretty soon, I assume. The question is going to be, Are we going to pass this or not? You are going to hear me make a motion. Then, I believe the Senator from Oregon is going to seek recognition. I will make the motion as to whether we should pass the measure we just described.
Here is the motion. As if in legislative session, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 106, S.
BREAK IN TRANSCRIPT
Source