Senate Judiciary Committee Unanimously Advances Durbin, Hawley Bill To Help Protect Kids Online

WASHINGTON – U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, and U.S. Senator Josh Hawley (R-MO) advanced their STOP CSAM Act unanimously through the Senate Judiciary Committee today.

“This is a momentous step toward finally holding Big Tech accountable for harm it has caused kids and families. Big Tech’s pockets run deep, and social media companies are lobbying against any bill that would bolster accountability. Their influence is weakening. I’m proud to have worked with Democrats and Republicans alike to highlight the failures of Big Tech and draft commonsense proposals like our STOP CSAM Act to put kids’ safety first. This bill would finally pierce the broad immunity granted by Section 230 and open the courtroom to victims of online child sexual exploitation, as well as bolster protections and resources for survivors. Senator Hawley and I will continue pushing for Senate passage of this bill, and I look forward to the day it becomes law," said Durbin.

"Almost two years ago, Mark Zuckerberg apologized to the victims of sexual exploitation on his platforms during a Senate Judiciary Committee hearing. But apologies aren't enough; it's time to hold Big Tech accountable. Protecting kids online means giving parents the right to sue companies that harbor predators and host their content. My bipartisan legislation would rightfully give CSAM victims their day in court," said Hawley.

The legislation would crack down on the proliferation of child sexual abuse material (CSAM) online by allowing victims of child sexual exploitation to sue companies that promoted or facilitated the exploitation, or that host or store CSAM or make it available.

The bill would also support victims and increase transparency for online platforms by, among other things:

• Expanding protections for child victims and witnesses in federal court;
• Facilitating restitution for victims of child exploitation, human trafficking, sexual assault, and crimes of violence;
• Strengthening CyberTipline reporting requirements; and
• Requiring large tech companies to submit annual reports describing their efforts to promote a culture of safety for children on their platform.

Read the full bill text here.

Durbin has used his role on the Senate Judiciary Committee to prioritize child safety online through hearings, legislation, and oversight efforts. On January 31, 2024, while Durbin was serving as Chair, the Committee held a hearing featuring testimony from the CEOs of social media companies Discord, Meta, Snap, TikTok, and X (formerly known as Twitter). This hearing highlighted the ongoing risk to children and the immediate need for Congress to act on the bipartisan bills reported by the Committee.

In addition, Durbin’s bipartisan Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2024 (DEFIANCE Act) passed the Senate in July 2024—and was reintroduced in the Senate last month. The legislation would hold accountable those responsible for the proliferation of nonconsensual, sexually-explicit “deepfake” images and videos. The volume of “deepfake” content available online is increasing exponentially as the technology used to create it has become more accessible to the public. The overwhelming majority of this material is sexually explicit and is produced without the consent of the person depicted.

Earlier this year, the Judiciary Committee held a hearing entitled “Children’s Safety in the Digital Era: Strengthening Protections and Addressing Legal Gaps.” Durbin’s opening statement from that hearing is available here, and his questions for the witnesses are available here.

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