I am supportive of the idea of ending child pornography and sexual exploitation of children.
The screenshot in his tweet doesn't have a bill number assigned yet and precious few details about how the law will actually work.
So going by his general statement of allowing parents to sue platforms that post said material, I am left wondering what that will look like.
It sounds like a civil case from how it is summarized in the tweet.
Will the bill address the evidentiary standards that will be in required to prove that the images are the child of those parents?
Or more simply put, how will the parents have to prove this case to win in court?
Will the child have to be put on the stand to testify thereby having to recall their abuse again and suffer cross examination by the defense?
What if the child was drugged or too little to remember or non verbal when the abuse happened, how does the bill account for those situations in it's details?
How does this bill deal with our account for abusive parents who were responsible for the content being posted. They wouldn't sue the site they uploaded to because that would be self incriminating.
I thought a social media site that failed to remove child porn content (when made aware of said content because not removing it after being alerted to the illegal content would be acting in bad faith and basically make the media site an knowing accessory to distributing child porn) could already be prosecuted regardless of the Section 230 law. I don't mind at all that civil cases can be filed (I thought that was already possible and that case law of that already exists).
So I'm left looking for details to better understand what remedy this bill creates that isn't already available if current laws were actually enforced.
I’m worried that a bill like this could be used to take down platforms like GAW. Is there a time limit for something to be up before it’s able to be sued over? Some malicious (and absolutely sick) user might try to post, screenshot, sue in short succession.
From the perspective of the platforms, there’s no way to guarantee staying out of trouble unless moderators manually approve everything that gets posted. And I don’t think that’s something anyone wants.
A more reasonable solution would be to require platforms to forward cp reports to law enforcement (in addition to taking it down), and if a user reports such a thing to LE with evidence that a platform was ignoring or somehow complicit, then the platform gets in trouble.
I am supportive of the idea of ending child pornography and sexual exploitation of children.
The screenshot in his tweet doesn't have a bill number assigned yet and precious few details about how the law will actually work.
So going by his general statement of allowing parents to sue platforms that post said material, I am left wondering what that will look like.
It sounds like a civil case from how it is summarized in the tweet.
Will the bill address the evidentiary standards that will be in required to prove that the images are the child of those parents?
Or more simply put, how will the parents have to prove this case to win in court?
Will the child have to be put on the stand to testify thereby having to recall their abuse again and suffer cross examination by the defense? What if the child was drugged or too little to remember or non verbal when the abuse happened, how does the bill account for those situations in it's details?
How does this bill deal with our account for abusive parents who were responsible for the content being posted. They wouldn't sue the site they uploaded to because that would be self incriminating.
I thought a social media site that failed to remove child porn content (when made aware of said content because not removing it after being alerted to the illegal content would be acting in bad faith and basically make the media site an knowing accessory to distributing child porn) could already be prosecuted regardless of the Section 230 law. I don't mind at all that civil cases can be filed (I thought that was already possible and that case law of that already exists).
So I'm left looking for details to better understand what remedy this bill creates that isn't already available if current laws were actually enforced.
Not only that, but who gets to define what costitutes "chaild porn?" Could be a dangerous slippery slope here.
We dont need more laws, not even "feel good" laws. We just need to enforce the existing ones.
I’m worried that a bill like this could be used to take down platforms like GAW. Is there a time limit for something to be up before it’s able to be sued over? Some malicious (and absolutely sick) user might try to post, screenshot, sue in short succession.
From the perspective of the platforms, there’s no way to guarantee staying out of trouble unless moderators manually approve everything that gets posted. And I don’t think that’s something anyone wants.
A more reasonable solution would be to require platforms to forward cp reports to law enforcement (in addition to taking it down), and if a user reports such a thing to LE with evidence that a platform was ignoring or somehow complicit, then the platform gets in trouble.