Dear Friend,
The NCOSE Law Center has just filed a petition to the Supreme Court that has the power to
definitively undo Big Tech’s impunity.
If successful, it could mean tech companies would no longer be able to facilitate and profit from sexual exploitation without consequences.
This petition is asking the Supreme Court to review our lawsuit on behalf of
two boys, aged thirteen and fourteen, who were sex trafficked on Twitter (now X).
These children were deceived and manipulated by a predator into making sexually explicit videos of themselves—i.e.
illegal child sexual abuse material (CSAM).
Later, the CSAM ended up on Twitter. And when Twitter was alerted to its presence and provided with proof that the victims were minors,
they flatly refused to take down the illegal CSAM, saying it didn’t violate their policies.
Initially, a lower court ruled to dismiss this case, saying Twitter was totally immune from liability under
Section 230 of the Communications Decency Act.
We fought back and were able to get some important aspects of this decision reversed by the Ninth Circuit. But disturbingly, the Ninth Circuit still maintained that
Section 230 did provide Twitter with legal immunity for
knowingly possessing and distributing CSAM,
and for
knowingly benefitting from sex trafficking.
This ruling was made even though knowingly possessing and distributing CSAM is a
crime
, and the text of Section 230 itself clarifies that it should have
“no effect on criminal law.”
Further,
FOSTA-SESTA
was passed in 2018
specifically
to clarify that
Section 230 immunity does
not
immunize platforms for knowingly benefitting from sex trafficking.
For too long, Section 230 has been misinterpreted by courts, providing Big Tech with far more immunity than the law ever intended. That’s why we’re petitioning the Supreme Court to review this case and
clarify Section 230 once and for all.
If our petition is accepted, this will be the
first time in history
the Supreme Court has weighed in on Section 230. A positive ruling would set a
binding, nation-wide precedent
that will send
shock waves across the entire tech industry
, signaling to them that
their age of immunity is over.
This may become the most important lawsuit for online child safety that America has ever seen.
Will you lend your support?
Please become a
monthly donor to the NCOSE Law Center
to support this and other trailblazing cases!
You can also
learn more about our case against Twitter and our petition to the Supreme court here.
Gratefully,
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