Alumni Mike Wacker authored an article for the Federalist about CSAM Laws.
In the leadup to the Communication Decency Act of 1996, America was concerned about the Internet exposing children to pornography. The July 1995 cover of Time magazine, titled “Cyberporn,” depicted a child staring at a computer with this caption: “Exclusive: A new study shows how pervasive and wild it really is. Can we protect our kids — and free speech?”
Today, our biggest problem is not children who are exposed to pornography. It’s children who are involved in pornography or child sexual abuse material — CSAM, as it’s known. When victims of CSAM seek justice in the courts, however, section 230 of the Communication Decency Act — a law that protects digital platforms from liability for third-party content— often blocks their lawsuits.