CDA 230: The Greatest Enabler of Online Sexual Exploitation

“We’ve reviewed the content, and didn’t find a violation of our policies, so no action will be taken at this time.”

This was Twitter’s (now called X) appalling response to a mother who reported child sexual abuse material (CSAM, a.k.a. “child pornography”) of her 13-year-old son. And this is why the NCOSE Law Center is representing this boy and his mother in a lawsuit against Twitter

One would think a case like this would be a shoo-in. After all, Twitter knowingly possessed and distributed child sexual abuse material, which is illegal under federal law.

But here’s the appalling truth: the NCOSE Law Center has pursued this case all the way up to the 9th Circuit Court of Appeals. And so far, the Judges’ rulings have cleared Twitter of all charges.

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“How is this possible?!” one may well ask.

It’s possible because of a specific law, which has been repeatedly misinterpreted as granting blanket immunity to tech companies for participating in a vast assortment of crimes. The law is Section 230 of the Communications Decency Act (CDA 230). And it is the single greatest enabler of online sexual abuse and exploitation today.

Read more.

📣 ACTION: Call on Congress to Clarify CDA 230

We are working to pass the EARN IT Act, which clarifies that CDA 230 does NOT give tech companies immunity for knowingly or recklessly facilitating the distribution of child sexual abuse material. Please contact your Members of Congress and urge them to cosponsor this crucial bill!

Forbes: Omegle Was ‘The Perfect Storm’ For Child Abuse Problems. Now It’s Dead 

Before it shut down on Thursday, Omegle — a platform that paired strangers in video chats — paired a lot of children with predators...

Lina Nealon, vice president at the National Center on Sexual Exploitation, said “Omegle’s entire business model was reckless” and that “[its] demise should serve as a warning to other online platforms that companies facilitating sexual exploitation have no business existing.” It pointed to data from Thorn ... that showed in 2021, one in five Omegle minor users reported having online sexual interaction with an adult. That was compared to one in ten at other major social apps, including Facebook, Instagram, Kik, Snapchat, Tumblr and Telegram.

Read more here. 

Giving Tuesday is Coming Up!

Nov. 28th is #GivingTuesday, an annual day to "unleash the power of radical generosity around the world." Celebrated just after Thanksgiving, #GivingTuesday expands on the theme of gratitude by encouraging everyone to give back. 

In this spirit of thanksgiving and generosity, will you consider making a gift to NCOSE to help build a world where all can live and love free from sexual abuse and exploitation? 

THANK YOU for your support! We are so grateful for you!

NewsMax: Group Urges DOJ to Probe Pornhub Over Child Sex Abuse

Earlier this month, Aylo [the parent company of Pornhub, formerly called "MindGeek"] and the DOJ reached a deferred prosecution agreement in which Aylo avoided federal charges of sex trafficking and the sexual exploitation of minors, including child pornography. Aylo denied any wrongdoing and said it voluntarily agreed to make monetary payments to individuals who were defrauded by the operator of the GirlsDoPorn/GirlsDoToys websites whose images were posted on the company's platforms without their consent.

"Given its long track record of enabling sexual abuse and exploitation, it is doubtful that Aylo will be able to comply with the promises it's making to the U.S. government in terms of moderation requirements," said Haley McNamara, vice president of strategy and communications for NCOSE in a news release.

"The GirlsDoPorn case is one of many other cases of sexual abuse on Pornhub. In fact, there are three other lawsuits against Pornhub/Aylo involving child sexual abuse that was on Pornhub — the Department of Justice should investigate these cases, as well."

Read more here.

Sincerely,

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