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.
Our petition asks 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!
