The Senate Judiciary Committee has unanimously advanced the STOP CSAM Act of 2025, which aims to tackle child sexual abuse material (CSAM) online. However, there are concerns that the bill could have unintended consequences by compromising the security and privacy of communications.
The legislation introduces new liabilities for providers concerning CSAM on their platforms. Providers could be held accountable for "reckless promotion, or aiding and abetting" existing anti-CSAM laws and for "reckless hosting or storing" of CSAM. Critics argue that this "reckless" standard is a significant shift from earlier versions of the bill, which required knowledge of CSAM to establish liability.
The concern is that holding providers liable for reckless conduct may pressure them to weaken or abandon encryption, potentially removing lawful content such as sex education and LGBTQ+ advocacy. The legal threshold for recklessness is lower than that for knowledge, meaning providers might face liability even without specific awareness of CSAM instances on their platforms. Although the bill offers some protection for encrypted services, these measures are seen as insufficient to safeguard encryption.
Encryption plays a crucial role in protecting children online by securing private communications from predators and providing safe channels for discussing sensitive topics like mental health and identity. The STOP CSAM Act could undermine these protections by encouraging companies to break encryption to avoid lawsuits.
There are calls for Congress to amend the bill to better address CSAM while preserving children's safety and civil liberties:
- Restore the "knowledge" standard so liability only applies when providers know they are promoting or hosting CSAM.
- Clarify that liability requires knowledge of specific instances of CSAM rather than general awareness.
- Prohibit courts from using encryption as a basis for liability findings.
Critics emphasize that privacy is integral to security, arguing against the false choice between protecting children and maintaining privacy. Weakening encryption could increase risks such as stalking and exploitation.
Congress is urged to reconsider its approach with this legislation to ensure real protection for children without compromising essential civil liberties.